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HomeMy WebLinkAbout2014-09-02 CC MIN I lwater T M[ IINTMILACI OF MINNESOTA CITY COUNCIL MEETING September 2,2014 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Absent: None Staff present: City Attorney Magnuson Finance Director Harrison Police Chief Gannaway Deputy Fire Chief Ballis Community Development Director Turnblad Public Works Director Sanders Public Works Superintendent Moore Administration Secretary Manos OTHER BUSINESS Discussion on Central Business District Snow Removal Public Works Director Sanders introduced a memo from Public Works Superintendent Moore recapping downtown snow removal efforts The Central Business District includes three miles of streets, 14 City-owned parking lots and five miles of sidewalk. During the 2013/2014 winter season, the City increased its efforts in the downtown area for snow removal that resulted in removing snow in the downtown area six times from December to mid-March. The City also devoted more time to clearing snow at pedestrian ramps and catch basins at the intersections, to provide easier access.Because of these increased efforts,the City received positive feedback from downtown business owners. Councilmember Menikheim asked about the priorities for plowing within the City. He believes more enforcement of sidewalk snow removal policies is needed. Public Works Superintendent Moore explained that primary and secondary streets are mapped out and Public Works plows according to snowfall rates, amount of traffic and hills. New equipment purchased late last year will help clear sidewalks,pedestrian ramps and catch basins more efficiently. Sentence to Serve will assist when possible. City Council Meeting September 2, 2014 Councilmember Polehna asked if the City has written snow removal standards for public areas like parking lots. Public Works Director Sanders replied there is a snow removal policy. Superintendent Moore is updating it. It will be distributed to Councilmembers for information and future discussion. Councilmember Weidner reminded the Council that residents' patience is required because some streets will always have to be plowed last. He commended Public Works staff on their efforts. Councilmember Kozlowski recognized plowing problems caused by cars parked on downtown streets. Police Chief Gannaway added that cars are tagged and towed when in violation of parking regulations. He suggested Police staff review procedures with Public Works staff Possible approval of bid award for Lowell Park restrooms Public Works Director Sanders informed the Council that quotes received for the South Lowell Park Restroom project total $404,313, compared with the budgeted amount of $324,000. Additional costs such as demolition, material testing, and project oversight bring the project total quotes to $424,313. Staff has been working with contractors to reduce costs. Staff recommends contracting with the following: George Siegfried Construction, Hausner Plumbing,Marshall Electric and Atlas Foundations,using funds from the Sanitary Sewer Fund to pay for the roof addition for the Lift Station, and considering a steel fastened roof instead, in order to save an additional $40,000 on the project to keep it within budget. The Park Dedication Fund may possibly yield some funds to close the gap. Councilmember Kozlowski asked why the project costs are so high. Public Works Superintendent Moore said part of the expense is because footings need to be 60 feet deep rather than the normal 42 inches because of the proximity to the river. Councilmember Weidner asked why the restrooms need to be built where proposed. Community Development Director Turnblad said City-owned property east of Main Street has poor soils, but that is where the greatest need is for restrooms. Councilmember Weidner stated he would support efforts to find the additional funding to build the project according to the approved design. He commended staff efforts to reduce costs but doesn't want to cut corners on appearance or change the design of the roof. Motion by Councilmember Polehna, seconded by Councilmember Kozlowski,to proceed with the project as recommended by staff, leaving the roof design as proposed, and making whatever cuts possible that don't significantly impact the look or function,such as postponing the final insulation that the City will be installing. All in favor. Page 2 of 12 City Council Meeting September 2, 2014 STAFF REPORTS Community Development Director Turnblad informed the Council that the Master Trail Plan and Barge Terminal Plan Update are underway. Open houses on the draft plans will be held in October and early November; then both plans can be put in final form. Public Works Director Sanders stated that next week Teddy Bear Park will be closed to replace turf and a damaged slide. OTHER BUSINESS CONTINUED Discussion on Lowell Park Landscaping Councilmember Weidner asked if there is a plan for Lowell Park landscaping and trails. Public Works Director Sanders replied there is not currently a plan, but a staff person who is knowledgeable about trees and horticulture has been working with an area landscaper to develop a plan. Councilmember Weidner asked if the Council would consider hiring a professional landscape planner to draft a plan for the park being this will be a gateway to the City.. Community Development Director Turnblad replied that staff could draft an RFP for a landscape plan for Council review. He suggested that staff could prepare a 1St generation plan for the park which would have to address maintenance costs and water flooding issues as well as river views and that if Council desires could authorize the RFP with the 1St generation plan being a basis for the final plan. ADJOURNMENT Mayor Harycki recessed the meeting at 5:31 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Absent: None Staff present: City Attorney Magnuson Finance Director Harrison Police Chief Gannaway Deputy Fire Chief Ballis Page 3 of 12 City Council Meeting September 2, 2014 Community Development Director Turnblad Public Works Director Sanders Event Coordinator Mens-Eastman Water Board Manager Benson Administration Secretary Manos PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of Special and Regular Meeting August 19,2014 and Special Meeting of August 26, 2014 minutes Regarding the August 26, 2014 minutes, Councilmember Menikheim asked for a change to reflect that he requested seed money of $10,000-12,000 to be budgeted in consideration of filmmaker Mick Caouette doing a film about Stillwater. Councilmember Kozlowski asked for the minutes to reflect that he arrived at 4:30 p.m. Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to approve the Special and Regular Meeting August 19, 2014 and Special Meeting of August 26, 2014 minutes as amended. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Bicycle Friendly Community - Dorian Grilley Dorian Grilley, Executive Director of The Bicycle Alliance of Minnesota, presented the City's Bicycle Friendly Community Assessment Report. He compared Stillwater's bicycle- friendly elements with those of other cities in Minnesota. He has met with community representatives to gather recommendations. He suggested designating a City staff person to be a point of contact, forming a bicycle advisory group, and further developing bike education programs with schools. He emphasized cooperative planning with business and community leaders, starting with planning documents, such as incorporating bikes into the Master Trails Plan. He offered to work with Planning, Public Works and Engineering staff to accomplish this. Councilmember Polehna commented he would like to see the Main Street stairs included in programming as a component of a healthy community. Councilmember Menikheim noted the trail completion may have more impacts than the City realizes. Councilmember Kozlowski commented that in reviewing parking regulations, the Parking Commission should ensure that parking time limits are appropriate for bicyclists. Page 4 of 12 City Council Meeting September 2, 2014 OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2014-139, directing payment of bills Possible approval of placement of Fire Prevention signs—Fire Department Resolution 2014-140, authorizing the city to apply for Conditional Use Deeds of tax forfeited lands Possible approval to purchase copier—Engineering/Building/Community Development Possible approval to purchase copier—Recreation Center Possible approval to purchase camera system—Recreation Center Possible approval of temporary liquor license— Stillwater/Oak Park Heights CVB — Harvest Fest Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None PUBLIC HEARINGS A public hearing to consider an appeal relating to the removal of the Zephyr train City Administrator Hansen explained that David Paradeau, owner of the Zephyr trains, informed the City that he sold the two Locomotives #787 and #788 but has requested a time extension as he may not get them moved by September 29. City Attorney Magnuson stated that if the Council is willing to grant an extension, the best approach would be to require a deposit so that if the trains aren't removed, the deposit would be forfeited and available to apply to the costs for removal of the trains. He suggested setting the deposit at $5,000 and granting a 90-day extension. The trains appear to have little value beyond salvage value. He would prefer that the City itself not move the trains, but encourage the owner to remove them. If the City wants to certify the costs against property taxes, the deadline for that would be October 15. Councilmember Weidner expressed concern about the City taking responsibility for destroying or selling someone else's property. He prefers abating the nuisance by removing the trains to a site where they can be stored until Mr. Paradeau can retrieve them. City Administrator Hansen informed the Council he had several calls from individuals in other states including salvagers who are interested in obtaining the trains but have no idea how to move them. Page 5of12 City Council Meeting September 2, 2014 Mayor Harycki opened the public hearing. Jim Zeller, 876 McDiarmid Drive, Hudson, WI, a real estate broker, consultant and developer, stated he has an agreement with Mr. Paradeau to repurpose the Stillwater Depot. He understands the engines have been sold and no longer belong to Mr.Paradeau,but feels perhaps they could be incorporated into the depot repurposing project for historical purposes. He hopes to have a plan for the property in the next 30 days. Councilmember Polehna referred to complaints received from condo owners and others who don't want the unsightly trains sitting on blocks in their front yard. Mr. Zeller replied the grass has been cut,there aren't any weeds, and it would not be a problem to fence the engine in until a solution can be found. Councilmember Kozlowski commented he would love to see the trains stay in town and be used, but he is disappointed about the lack of communication from Mr. Paradeau and the missed deadlines. He needs a little more faith that something is going to happen. Councilmember Menikheim remarked there have been a lot of promises and extensions and there is always a delay. The engines have become a nuisance. Mr. Zeller replied that he was unaware of some of the issues. He and his group do not intend to delay. They will be candid and honest with the Council. Councilmember Weidner recognized that people are motivated by deadlines with meaningful consequences. He is not opposed to extending the deadline for removal of the engines as long as there is a plan of action if it is not met. Mayor Harycki closed the public hearing. Councilmember Weidner said he supports the City Attorney's idea of requiring a deposit and having a plan for what to do if the deadline passes. City Attorney Magnuson stated staff could probably put a plan together in 30 days and will bring it back to the next meeting. UNFINISHED BUSINESS Possible approval of second reading of Ordinance 1069,an ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by Rezoning approximately 17.5 acres to RB, two-family residential Community Development Director Turnblad explained there have been no changes since first reading. Councilmember Weidner recused himself from discussion and vote. Page 6 of 12 City Council Meeting September 2, 2014 Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to adopt Ordinance 1069, amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately seventeen and a half acres to RB, Two-Family Residential. Ayes: Councilmembers Menikheim, Kozlowski, Polehna, Mayor Harycki Nays: None Abstain: Councilmember Weidner Possible approval of second reading of Ordinance 1070, an ordinance amending the City Code § 51-2, Parking regulations Community Development Director Turnblad stated the purpose of the proposed amendment was to find a way to make overnight parking easier for downtown residents who don't have designated parking spaces. The Downtown Parking Commission reviewed the proposal and was concerned that it could make snow removal more difficult.The Commission and the Police Chief recommended leaving the ordinance as is. Councilmember Kozlowski noted that he is the Council representative for Downtown Parking and that there was a great deal of discussion on the issue and the Chief shed light on the issue but should stay on the radar of the commission, as Stillwater resident parking changes are still being discussed, as well as overnight visitors at the marinas in the summer and felt that eventually there would need to be a more formalized policy on overnight parking and resident parking. Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to decline second reading of Ordinance 1070, amending the City Code § 51-2 Parking Regulations. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Update on Stillwater Caves LLC City Administrator Hansen noted at the last City Council meeting the Council was advised that the contract deadlines had expired. At that time the Council directed notice to be sent to the developers inviting them to come in for discussion. He introduced developer Corey Burnstad. Corey Burnstad, Stillwater Caves LLC,informed the Council that construction agreements and letters from the bank and investors were submitted to the City today. Developers have been working on asbestos abatement and a grant. He asked that the due diligence period be extended through the end of the year and the start time for construction be moved to February 1. City Attorney Magnuson reminded the Council there were two development milestones that were supposed to have been reached by August 15: a binding construction contract for the building of the project, and a fully funded mortgage commitment to fund the construction. The fully funded mortgage commitment may be more important of the two. Page 7 of 12 City Council Meeting September 2, 2014 Mr. Burnstad responded he is confident the bank and investors want to be part of this project. City Administrator Hansen added he has talked with City Attorney Magnuson and doesn't feel there would be a downside to granting an extension. City Attorney Magnuson agreed to draft an amendment and bring it back to next meeting. NEW BUSINESS Possible approval of 2014 Fall Art Fair Stillwater Chamber Director Todd Streeter offered to answer any questions. The Art Fair will be the first weekend of October. The slope created in the north end of Lowell Park has caused a need for the fair to move to a more stable area using Mulberry Street. Councilmember Polehna expressed concern about impacts to businesses and loss of parking. Mr. Streeter replied he has talked to Meade Stone of River Market, who was alright with use of part of the parking lot. Councilmember Weidner remarked that events that used to be held on grass areas are now using parking lots. He asked if grass areas are not conducive to hosting the events. Mr. Streeter replied that the Chamber didn't want to have an event sprawled along both north and south Lowell Park. North Lowell Park does level off, but it's too far away from the art event area. Also because of the potential for rain soaked grass, it is preferable to have the art fair on a paved surface. Police Chief Gannaway stated he is uncomfortable with use of Mulberry Street but sees no reason to deny the permit. Councilmember Kozlowski stated there have been discussions about how much the City should use its parking system for events. This is part of a larger conversation that needs to take place with business owners. Councilmember Polehna is alright with this event,but felt that more use of Lowell Park should be used instead of losing parking spaces. Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski to adopt Resolution 2014-141, approving 2014 Fall Colors Fine Art and Jazz Festival Special Event and Contract. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Page 8of12 City Council Meeting September 2, 2014 2015 Rivertown Art Festival Mr. Streeter noted the participating artists would like to have dates set for the spring festival, May 30-31, 2015 so they can plan ahead. He requested that the Council lock in the dates. Councilmember Weidner stated he would prefer to follow the formal event permit application process. Event Coordinator Mens-Eastman agreed that the permit application should be filled out and submitted to secure the date, however she believes some people would like the fair to go back to the original date. Councilmember Kozlowski said he would like to get more input from downtown business owners and should good through the processes. Councilmember Polehna said he doesn't have a problem with it, but believes the Chamber needs to follow City processes. He felt that if there are new changes, such as moving the event from the park to the parking lots that it needs to go through the processes. Possible adoption of resolutions declaring costs to be assessed and ordering preparation of assessment roll and calling for hearing for water service repair Robert Benson, Manager of the Board of Water Commissioners, stated that water service line repairs were completed by contractors and billed to Board of Water Commissioners. One leak was found on a leak location survey and the other two were called in when water started coming up through the asphalt and treated as watermain breaks until the watermain was exposed and the leak was found to be on the service line. In order for the repairs to be certified to the County this year, the assessment roll needs to be prepared and a hearing held. The Board of Water Commissioners recommends that Council adopt resolutions declaring costs, authorize the preparation of the assessment, and call for a hearing on the service line repairs. One property owner has agreed to the assessment, the other two have not yet agreed. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2014-142, declaring cost to be assessed and ordering preparation of proposed assessment for 2013-2014 Water Service Repairs (LI 009). Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt Resolution 2014-143, calling for hearing on assessment for 2014 Water Service Repairs (LI 009). Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Page 9 of 12 City Council Meeting September 2, 2014 Possible adoption of resolutions declaring costs to be assessed and ordering preparation of assessment roll and calling for hearing for 2014 Street Improvement Project Public Works Director Sanders stated that although work has not yet begun on the project, it is scheduled to begin in September and be completed by the end of November. Staff recommends that the Council declare costs, authorize the preparation of the assessment rolls, and call for a hearing on the 2014 Street Improvement Project (Project 2014-02). Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2014-144,declaring cost to be assessed and ordering preparation of proposed assessments for 2014 Street Improvement Project(Project 2014-02). Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2014-145, calling for hearing on proposed assessments for 2014 Street Improvement Project (Project 2014-02), LI #403. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Possible approval of Wisconsin right-of-way acquisition(Resolution—Roll Call) City Attorney Magnuson informed the Council that as part of the Mitigation Memorandum of Understanding ("MOU") for the new bridge, the City promised to return City-owned Wisconsin property to a natural state with the exception of some trails, emergency access and use for City fireworks displays. Since the State of Minnesota and the City have no police power in Wisconsin, the State of Wisconsin agreed to acquire property needed to return to a natural state, through the exercise of Eminent Domain, if necessary. Staff met last week with representatives of WisDOT to review the status of their acquisitions north of the bridge. They will acquire the right of access to the house located in the middle of the City property and since their action will leave this parcel without access to Highway 35, the State has agreed to pay the owners the full value of the property. However, ownership of the improvements on the site is complicated because at some time in the past, the owner of the parcel build a garage and warehouse on adjacent City property. The garage and warehouse are now in a dilapidated state and unusable,but remain on City property. In view of the complicated status of these buildings, and their age and dilapidation, staff recommends that WisDOT be notified that the City waives any claim for part of the compensation. Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to adopt Resolution 2014-146, a resolution waiving an interest in Wisconsin eminent domain action Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Page 10 of 12 City Council Meeting September 2, 2014 Possible accepting of bids and awarding contract for North Mulberry Parking Lot Public Works Director Sanders reviewed the project which includes constructing a parking lot north of Mulberry Street, an access road north of the parking lot to Laurel Street and a trail from Mulberry Street to Laurel Street. The low bid was submitted by Miller Excavating in the amount of$326,992. The engineer's estimate was $325,000. Work would begin in September and be substantially completed by the end of November.It is recommended that the City accept the bids submitted for the North Mulberry Parking Lot Improvement Project and award the contract to Miller Excavating. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2014-147, accepting bid and awarding contract for North Mulberry Parking Lot Improvement Project (Project 2012-06C). Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to adjourn the meeting to executive session at 9:10 p.m. for City Administrator performance r- 'ew.All in,favor. Harycki, Mayor ATTEST: , t..., cct, _, tilt. , v., Larry D. d sen, City Administrator Resolution 2014-139, directing payment of bills Resolution 2014-140, authorizing the city to apply for Conditional Use Deeds of tax forfeited lands Resolution 2014-141, approving 2014 Fall Colors Fine Art and Jazz Festival Resolution 2014-142, declaring cost to be assessed and ordering preparation of proposed assessment for 2013-2014 Water Service Repairs (LI 009) Resolution 2014-143, calling for hearing on assessment for 2014 Water Service Repairs (LI 009) Resolution 2014-144, declaring cost to be assessed and ordering preparation of proposed assessments for 2014 Street Improvement Project (Project 2014-02) Page 11 of 12 City Council Meeting September 2, 2014 Resolution 2014-145, calling for hearing on proposed assessments for 2014 Street Improvement Project(Project 2014-02), LI #403 Resolution 2014-146,a resolution waiving an interest in Wisconsin eminent domain action Resolution 2014-147, accepting bids and awarding contract for North Mulberry Parking Lot Ordinance 1069, amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately seventeen and a half acres to RB, Two-Family Residential Page 12 of 12