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HomeMy WebLinkAbout2012-03-06 CC MINjvvater IN IIAINFLA C Of NI NN EI..0 CITY COUNCIL MEETING MINUTES March 6, 2012 REGULAR MEETING CALL TO ORDER Mayor Harycki called the meeting to order at 4:30 p.m. ROLL CALL Present: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Absent: Councilmember Cook Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward OTHER BUSINESS Discussion on Lowell Park Improvements 4:30 P.M. Public Works Director Sanders provided an overview of the consultants' draft master plan for Lowell Park. He stated features for north Lowell Park, from Chestnut Street to Mulberry Point, include an amphitheater with connections to an expanded sidewalk system. He noted the plan incorporates the formal gardens that were a highlight many years ago, with a fountain feature and plantings. He added that another feature would be the closure of Mulberry Street to everyday traffic, making it more of a walkway down to the gazebo area; and also that is the intent for Sam Bloomer Way, making it more of a pedestrian walkway rather than an avenue for vehicular traffic. He indicated that there also would be a stage area as part of the amphitheater, and that the plan incorporates all of the planned parking lot improvements. On a question by Councilmember Polehna, Mr. Sanders responded that the proposed trail would connect along the railroad bed to the new Brown's Creek state trail. There was discussion as to when the Corps' project might get started, and Mr. Sanders answered that the Corps, at this time, still is planning on an Aug. 1 start, and he would try to get Col. Price to come out and talk to the Council, perhaps at the next meeting. City Council Meeting March 6, 2012 Asst. Public Works Superintendent Tim Moore described improvements to the park that staff is recommending be started, noting that with spring flooding expected to be minimal and the inactivity in the park this summer, now is a good time to get started. He pointed out that the work consists largely of doing grading north of the amphitheater up to the Mulberry Point area. He explained that inside of the Mulberry Point Circle, plans are to increase grade to enable flooding of a skating rink in the winter. He added that the plan also includes installation of an irrigation system this spring, and noted that irrigation will be installed for the entire park, from Nelson Street up to Mulberry Point. He also reported that the gazebo is in need of some work, and staff has been getting quotes on that work. He showed photos indicating how re- grading will reduce the amount of water in the park at an elevation of 682'. He stated estimates for the cost of grading in the north end of the park are from $35,000 to $60,000, and that he thought a lot of the work could be done in -house to save on that cost. Mr. Moore indicated that he thought the City would need some help in mixing soils that are well draining and conducive to growing turf. He stated on average, he thinks the park can be graded to a 3% grade. Regarding the gazebo, he noted there is quite a bit of failing wood, the paint is coming off and there is a problem with the roof. He continued that initially estimated repairs would cost about $25,000, but repairs may cost a bit more than that original estimate. Mr. Moore stated plans also are to make improvements to the existing bathrooms in the south portion of the park, and that plans are to retain the east wall and expand the bathrooms to the north by 10' and to the west by 10', and raise the grade up by 1.5 -2' to reduce the dampness and reduce the need to protect the structure from high water in the spring. He presented several possible designs for the improved bathroom building, and noted the next step would be to solicit RFPs for architectural services and structural engineer in order to raise the grade of the structure. Councilmember Polehna asked about the possibility of increasing the size of the facility, and Mr. Moore replied that the City can build a structure of up to 600 square feet without needing a variance. City Planner Mike Pogge explained that the primary issue is related to construction in the flood plain. Mayor Harycki agreed with the possibility of increasing the size of the building, referring to the anticipated trail activity in the area. It was consensus to try to obtain a variance to accommodate additional staffs in the facility. Councilmember Roush inquired about the timeline and funding for the improvements. Mr. Moore answered that funds have been set aside in the Lowell Park improvement fund, and weather permitting, some work could begin later this month. Mr. Sanders noted there is $500,000 available in the Lowell Park reserve fund, and the improvements brought before the Council amount to about $340,000. Mr. Sanders pointed out that some utility poles have to be relocated at an estimated cost of $30,000. In discussion about the possible timeline, Mr. Moore noted that spring is the best time to establish turf and noted it would be best to get going on the grading, turf and irrigation as soon as possible. Mayor Harycki applauded the efforts of staff, and asked about the status of the turf in the new Millbrook Park. Mr. Moore responded that the irrigation system was installed last fall; he noted the east half of the park is in pretty good shape, with the west side still in need of additional seeding, fertilizer, etc. Mr. Moore stated the park isn't to a point yet where it can be used for baseball or soccer, and that the east half is already being used for some activities. Page 2 of 12 City Council Meeting March 6, 2012 City Administrator Hansen verified that Council wished staff to proceed with the discussed improvements, noting requests for the release of funds would be brought back for Council action. STAFF REPORTS Fire Chief Glaser updated the Council on activities in the first part of the year, noting it has been a busy time. He reported that he had completed an all- hazard incident management team training, which certifies him to serve on the Minnesota Type 3 incident management team, a team that is potentially deployed to larger events that might occur. He noted seven department staff have been certified in incident command training. He indicated that a significant amount of time has been spent working with Washington County on the new computer -aided dispatch system and the new records management system; he noted the County's goal is to have the system up and running in August. He pointed out noted that the area recently annexed to Stillwater Township from Lake Elmo, south of Highway 36, is now part of the department's service area. Councilmember Polehna asked about the emergency siren system, whether plans are proceeding to switch to the low -band system, and Police Chief Gannaway answered that there have been problems encountered, and the City may have to go to a new vendor. Mayor Harycki inquired about a siren for Lowell Park, suggesting with the work that will be going on, now might be the time to do something, and Chief Gannaway stated replied that he would look into that issue. City Clerk Ward referred to the revised agreement for the car show scheduled for Council action later in the meeting, noting there has been an item added to make the event organizer aware that the City will be doing work in Lowell Park this summer, and the City has the right to move the location, if necessary. City Clerk Ward also updated the Council on redistricting, noting that she had met with the Charter Commission the night prior to the Council meeting. She reported that the City has 30 days to complete the process. She stated the Charter Commission presented with four plans, with one plan selected to go to public hearing. She noted the public hearing is scheduled for March 19. She reviewed the map of the existing wards and the map of the new boundaries selected by the Charter Commission. She indicated that one of the criteria for selection is the scheduled 2015 annexation of properties to the west, and that the plan eliminates two very small precincts. She noted the new boundary map is clean, with none of the wards crossing the dividing line between legislative districts. Ms. Ward pointed out that she is looking to have two polling places for each of the wards. She noted that once approved by resolution by the Charter Commission, the redistricting will be adopted by ordinance, with two readings by the Council, on March 20 and April 3, the statutory deadline. Community Development Director Turnblad referred to the information he had provided regarding the process for review of special event applications, along with the resolution establishing the policies for reviewing events. He specifically reviewed the process for special events with contracts, which are required when City services are used beyond the ordinary. He noted what is especially time - consuming are new special events with a contract or contract events where major changes are being made. After review by the various City commissions, such as parking, parks and recreation, he indicated there is a requirement for a Page 3 of 12 City Council Meeting March 6, 2012 public meeting with notice to all properties abutting the venue location, followed by Council action to detail the specifics of a contract, and a notice mailed by the organizer prior to the event to remind folks of the event. He explained that the process takes about 60 days to complete. Mr. Turnblad pointed out that the fee schedule for 2012 includes a set fee for the use of parking lots when more than 10 spaces are used, and that the fees were reduced quite considerably for some of the non -pay parking lots. Public Works Director Sanders reported that the City had received its FEMA reimbursement for last year's flooding in the amount of $211,000, which paid for most of the City's expenses. He also told the Council that he had asked Todd Clarkowski from MnDOT to attend the next Council meeting, March 20, to provide a timeline of bridge activities for the next few months. Finance Director Harrison informed the Council that the City has been awarded another Certificate of Achievement for Excellence in Financial Reporting for the financial statement for 2010. She noted this is the City's 21 st consecutive award. City Administrator Hansen updated the Council that a rating conference call on the City's bond sales was scheduled for the following day. He indicated that maintaining or improving its bond rating will be challenging this year due to the economy, but he expects to do fairly well based on past experience. He noted the City can save a lot of money on interest if things go well. The meeting was recessed at 5:25 p.m. RECESSED MEETING Mayor Harycki called the recessed meeting to order at 7 p.m. ROLL CALL Present: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Absent: Councilmember Cook Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE 7:00 P.M. The Boys Scouts in the attendance led the Council and audience in the Pledge of Allegiance. Page 4of12 City Council Meeting APPROVAL OF MINUTES March 6, 2012 Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve the February 21, 2012, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS OPEN FORUM There were no public comments. CONSENT AGENDA 11. Resolution 2012 -035, directing payment of bills 12. Possible approval to purchase a firewall 13. Possible approval of computers for various departments 14. Possible approval of sale of Zamboni 15. Possible approval of waiver of garbage collection charges Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the Consent Agenda as presented. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS This is the date and time for the public hearing on the 2012 Street Improvement Project. Notices were mailed to affected property owners and published in the Stillwater Gazette on February 17 and February 24, 2012. Assistant Engineer Kraftson reviewed the proposed project, including those streets proposed for mill and overlay and those proposed for reconstruction. On the streets scheduled for mill and overlay, he noted, the work is primarily between the curbs, with replacement of sidewalk as needed, along with some minor utility work, primarily the replacement of catch basins. He continued that work on the reconstruction streets is primarily between the sidewalks, about 5' beyond the existing street, with new concrete curb and gutter, replacing sidewalks and necessary utility work. He stated access is maintained throughout the project. He explained proposed street widths, noting there are two blocks, Everett between Mulberry and Cherry, and Third, from Myrtle to Mulberry, where 36' widths are proposed; on several low volume sections of roadways, 28' widths are proposed. Mr. Kraftson also described the proposed utility work, including extension of sanitary sewer to one block where there currently is no sewer, with two homes served by septic systems. He also noted there are two blocks in the project area that are currently served by a small, galvanized water service where it is proposed to install a new 6" water main. He added that the Water Board has agreed to share one -half of the cost of the new water main. In addition to replacement of catch basins, he indicated that the project includes the installation of four rain gardens and one larger scale infiltration practice to meet runoff requirements. Mr. Kraftson also reviewed the preliminary assessments and the pertinent assessment policy. He indicated that the total amount proposed Page 5 of 12 City Council Meeting March 6, 2012 to be assessed is $1,069,000, with the City's share of the project cost $972,000. He noted the City has received a grant of $31,000 from the St. Croix River Association for the infiltration improvements, and the Water Board is contributing $13,375 for the new water main. He also reviewed the possible project schedule. Mr. Kraftson noted there was a petition in the agenda packet from several homeowners on Martha Street requesting that the City look at doing a mill and overlay, or postponing the work on that block; he pointed out that the street was rated in poor condition in the Pavement Management Study and stated mill and overlay work is generally reserved for streets with curb and adequate structure. Councilmember Roush asked if Councilmember Cook had provided any comments about this issue and Mr. Kraftson responded that he had not received any input from Councilmember Cook. Mayor Harycki inquired about the impact on the project schedule should a decision be delayed on this particular block until Councilmember Cook has had a chance to comment. Mr. Kraftson answered that two neighborhood meetings have been held on the proposed project and there was no negative feedback at either of the neighborhood meetings; he noted a delay would push the schedule back. Mayor Harycki opened the public hearing. Mike McCarthy, 410 Linden St., commented on the street width, noting that several houses on his side of the street are very close to the road. He asked that if there is any realignment, the road be nudged to the south, rather than evenly as two of the houses on the north side currently very close to the street. Steve Wahlquist, 121 N. Martha St., stated he thought the street is way past due for being reconstructed. He noted he attended one of the neighborhood meetings where it was stated the prices have typically been down for the past several years; and he thought the project is as cheap as it will be any time in the future. He also spoke of the possibility that the City may not have funds to participate in the cost of street projects in the future, which would certainly increase the cost of any future projects. He encouraged the Council to proceed with the project, saying the work needs to be done. Dwayne Nelson, 822 S. Second St., spoke of the problem of the top surface of streets falling off. He asked if the City knows what is causing that problem and whether there is a solution before spending this money. Public Works Director Sanders stated there is a study going on to determine the cause and noted the study report should be issued this summer. Mr. Nelson asked how the release of the report would dovetail with this project. Mayor Harycki replied that the problem has to do with seal coating and that the City stopped seal coating several years ago due to the problem. Mr. Sanders provided some additional information on what is perceived as the probable cause of the problem. No other comments were received, and the hearing was closed. Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Resolution 2012 -036, ordering improvement and preparation of plans & specifications for the 2012 street improvement project (Project 2012 -02). Page 6 of 12 City Council Meeting March 6, 2012 Councilmembers in attendance noted they had not received any comments of concern from Councilmember Cook and stated they felt comfortable voting in her absence. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: None This is the date and time for a public hearing to consider the Millbrook 6th Addition Final Plan and Final PUD Site Plan possible postponement of public hearing until March 20 2012 Mayor Harycki conveyed that staff has requested this be continued until the March 20 meeting. Mayor Harycki opened the public hearing. Motion by Councilmember Roush, seconded by Councilmember Polehna, to continue this hearing. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS None. NEW BUSINESS Possible approval of bid for Dasher Board System for Lily Lake Ice Arena St. Croix Recreation Center Manager Doug Brady presented the bids. He indicated that three bids were received, with the low bid of $96,658 by Athletica. He noted several alternates were included in the bid with the recommendation to not do the install and the Low E emissive ceiling at this time. He stated staff will do the installation, with the ceiling to be considered at a later date. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the low bid for the dasher board system. All in favor. Discussion of Stillwater River Days Jesse Kurtz Valley Promotions Robert Hart, partner with Jesse Kurtz in Valley Promotions LLC, explained that the company was put together specifically to address a replacement for the City's celebration, formerly known as Lumberjack Days. He reported that Valley Promotions proposes a family- friendly event in the tradition of "Play Days," a celebration held in the 1930s and 1940s that was very family- oriented with games and picnics. He stated the tradition of a summer festival in Stillwater is well entrenched. He noted while there have been some issues in the past few years, there are none that should bring the City to the point of saying "no more." He expressed that their proposal is focused on Stillwater and the St. Croix Valley in general. He added that the goal is by having a family- focused program to bring the kind of people into town that the merchants, restaurants and entrepreneurs want to see here. He suggested that in the past, whether because of the venues or entertainment choices, the event was attracting a crowd that was not consistent with what the main stream Stillwater folks really want. He noted their real focus is to protect a long- standing Stillwater tradition and they would like the opportunity to work with others to keep he celebration going. He reviewed some of the Page 7 of 12 City Council Meeting March 6, 2012 proposed program components, including vendors and entertainment, the grand parade and fireworks, and indicated they have already been in contact with the people necessary to make this happen when, and if, the Council gives its approval to move forward. He continued that they have been planning since last November and already have well in -hand what is necessary to meet requirements for general administration, compliance, security, power, sanitation, clean -up, and web site management. He pointed out that putting a moratorium on the celebration for two or three years will irreparably damage Stillwater's image as a go -to destination, and that moving forward will help the community heal rather than focus on what is past. He stated Valley Promotions has the support of a number of major sponsors of past events. He noted most of the planned events would be free of charge, depending on the generosity of sponsors. He added it is vitally important to Stillwater to continue the tradition of a summer celebration. Mayor Harycki offered that as a community, he believes there is a need for time to reassess where it wants to go with any celebration; he added that he believes there is a need for the community to come together to get some consensus on this issue. Mayor Harycki thought it would take some time to reach a consensus and he would not be ready to jump into anything this year. Councilmember Polehna expressed that he was not willing to jump into anything at this point, but he was not in favor of holding off for two or three years, suggesting the vast majority of the residents, 86% according to the City's survey, liked Lumberjack Days. Councilmember Polehna noted there are a number of people interested in putting on a celebration and the Council needs to determine how it is going to select the organizer(s). Councilmember Menikheim concurred with the need to take some time, saying the majority of the people he has spoken with have expressed there is a need to take some time off, time to heal. He added that there needs to be community involvement in determining what a future festival should be like. Mr. Hart reiterated that they have the support, and petition in support, of many Main Street businesses. Mayor Harycki agreed with the need for residents' input, and Mr. Hart noted a lot of their ideas have come from the input of local residents and they have talked with a lot of people who want to get involved. Councilmember Polehna congratulated Valley Promotions on the job done, but noted he didn't think it fair to give them approval without hearing the proposals from other interested groups. Mr. Hart asked why none of these other groups have come forward, and Councilmember Roush responded that Valley Promotion's proposal is to focus not only on Stillwater but the entire St. Croix Valley. He would not want to exchange one large festival for another large festival, and Mr. Hart indicated that the intent is to keep it local, Marine on St. Croix to Bayport or Afton, rather than try to attract folks from the greater metropolitan area as has been done in past years. No action was taken. Page 8of12 City Council Meeting March 6, 2012 Possible 1st reading of ordinance amending Chapter 43, Liquor, an ordinance relating to the Sale of Intoxicating Liquor in the City of Stillwater City Attorney Magnuson reiterated from the last meeting, that the intent of the ordinance is to clarify what has been permitted by state statute for a long time, specifically allowing the City to issue combination off -sale and on -sale liquor licenses. Councilmember Roush asked Police Chief Gannaway if he had any concerns, and Chief Gannaway noted he had no objections. Motion by Councilmember Roush, seconded by Councilmember Menikheim, to approve the first reading of the ordinance. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of lights for pedestrian walkway Public Works Director Sanders reported quotes were solicited with two obtained, one from Xcel Energy and another from Signature Lighting. He indicated that Xcel will only install lights adjacent to a curb or street section, which eliminated two of the planned eight lights; he noted the City would have to hire another contractor to install the other two lights. He stated that Signature Lighting will install all eight lights at a price of $41,882, about $8,000 cheaper than Xcel's bid for six lights. He noted that Signature Lighting has done other work for the City, including the lighting for Forest Hills neighborhood. He explained that funding would come from the pedestrian plaza improvement money, rather than TIF as noted in the staff memo. On a question by Mayor Harycki, Mr. Sanders answered that the lights would be metered, with the City only charged for the time the lights are on, whereas Xcel charges a flat amount. On a question by Councilmember Roush, Mr. Sanders replied that the pedestrian walkway lighting would be similar to the lights along the riverfront, rather than those along Main Street. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve entering a contract with Signature Lighting as recommended. All if favor Possible approval of new Sunday liquor license for K.C. Hall City Clerk Ward reviewed the request and noted approval should be conditioned on approval by police, fire, building, finance departments and Minnesota Liquor Control. On a question by Councilmember Roush, Ms. Ward responded that almost all of the clubs and bars in the City have Sunday licenses. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2012 -037, approving the issuance of a new Sunday liquor license to Stillwater K.C. Hall, Inc. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: None Page 9of12 City Council Meeting March 6, 2012 Possible approval of 2012 Cruisin' on the St Croix Special Event & Contract City Attorney Magnuson explained that this contract has been in place for several years. He indicated that the changes include the vendor's recognition that there are going to be City improvements taking place in the area and there is a possibility that the event may have to be moved to a different location due to that work. Scott Zahren, speaking on behalf of the Chamber, stated they are aware of that possibility and have a contingency plan. Mr. Zahren noted they are on a limited budget and the event doesn't make money. He asked that the Council consider a reduction in the parking lot rate. He recalled that last year, the Council authorized a rate of $50 a day, versus the proposed rate about $210 a day. He pointed out the event is free to the public and that the $150 increase is a pretty big hit. He stated they have their own barricades and pick up their own trash. He asked that this year the increase be split down the middle, and revisit the fees in 2013. Mr. Zahren noted they will not be on the grass. Motion by Mayor Harycki to change the parking lot fee to $1,162.50. Councilmember Menikheim seconded the motion but noted the organizers should be aware that the fees will be looked at again next year. In discussion, it was noted the event takes place on the gravel lots and it is a relatively low impact event. Councilmember Roush questioned whether the Parking Commission would feel it was being undermined by this decision. Councilmember Menikheim stated he thought the Commission would feel that way, saying the Commission is looking for consistency. Motion by Mayor Harycki, seconded by Councilmember Menikheim, to adopt Resolution 2012- 038, approving 2012 Cruisin' on the St. Croix Special Event & Contract to include approval of the contract, with a parking rate of $1162.50. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of noise variance for Gopher to Badger Event City Clerk Ward reviewed the request, and indicated that the event does not utilize any City services that require overtime. She noted the event does require a variance from the noise ordinance as it begins at 7 a.m. and a microphone and amplifier are utilized. She stated there have been no complaints in the past. Councilmember Polehna asked about the number of participants and questioned how police assistance wouldn't be needed for the number of runners involved; he expressed a concern about consistency. Chief Gannaway responded that the runners are out of town relatively quick and the event does utilize Washington County deputies. Councilmember Roush offered that he has never heard a single complaint involving this event. Chief Glaser noted the primary difference is when races terminate in Stillwater it generates more crowds, however this one does not. Page 10 of 12 City Council Meeting March 6, 2012 Motion by Councilmember Roush, seconded by Councilmember Menikheim, to approve the noise variance. Motion passed 3 -1, with Councilmember Polehna voting against. COUNCIL REQUEST ITEMS Councilmember Menikheim stated he would bring information regarding a strategic planning session to the next Council meeting. Mayor Harycki asked Mr. Sanders to work with a Scout or civic group to get a new flag for the flagpole in Lowell Park. City Administrator Hansen noted that the Council took no action regarding the proposal for a replacement summer festival. He asked for direction on how to respond to applications for similar or ancillary events related to that time period, and whether he should submit such applications through the special event process outlined earlier in the meeting by Mr. Turnblad. Motion by Councilmember Menikheim, seconded by Mayor Harycki, for a moratorium on special events for 2012; and the language was later changed to a moratorium on summer festivals for 2012. City Clerk Ward asked about two new races that are being proposed. Councilmember Polehna asked if the motion should specify events being held in Lowell Park, considering the work that is planned for this summer. Councilmember Roush noted he thought the term "festival" was too general. City Attorney Magnuson suggested that staff prepare a resolution for consideration at the next meeting. Mayor Harycki rescinded his second and Councilmember Menikheim rescinded the motion. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn at 8:15 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Page 11 of 12 City Council Meeting March 6, 2012 Resolution 2012 -035, Directing the Payment of Bills Resolution 2012 -036, Ordering improvement and preparation of plans & specifications for the 2012 street improvement project (Project 2012 -02) Resolution 2012 -037, Approving the issuance of a new Sunday liquor license to Stillwater K.C. Hall, Inc. Resolution 2012 -038, Approving 2012 Cruisin' on the St. Croix Special Event & Contract Page 12 of 12