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HomeMy WebLinkAbout2015-07-07 CC MIN Ater TME 11 ETMElE CE OF MINNESOTA CITY COUNCIL MEETING MINUTES July 7,2015 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Public Works Director Sanders Public Works Superintendent Moore Finance Director Harrison Police Chief Gannaway Fire Chief Glaser City Clerk Ward OTHER BUSINESS CycleHealth Betsy Grams, CycleHealth,Annette Saltman, Community Education Director for Stillwater Area Public Schools, and Mama Canterbury, Director of Community Health for Lakeview Hospital, explained local initiatives for children's health, and the BreakAway Kids Tri that will take place Saturday, August 22 at Lake Elmo Park Reserve. Discussion on Commercial Recreation Use of City Parks Public Works Superintendent Moore led discussion of a proposed policy regulating commercial use of City parks because the City has seen an increase of commercial use in City parks, which sometimes limits use by the general public, or causes undue wear and tear to city property. Examples are boot camps by fitness facilities,tennis lessons by private individuals,and businesses using city parking lots. Some of these businesses are posting signs in the parks advertising their services. The Parks and Recreation Commission worked on a draft policy and permit process. Staff recommends establishing a Park Commercial Usage fee of$30 per occurrence, plus any published park rental fees, with a total limit of$1,000/year. The fee for use of public parking lots or on-street parking spaces would be determined by the Community Development Director,based on fees for similar facilities as found in the City's annual fee schedule. Mr. Moore requested Council input on the policy and will come back to a later meeting for formal adoption. Councilmember Weidner asked if the reason for the policy is the issue the wear and tear, the appearance of exclusive use, or exclusive use for profit, and Mr. Moore replied that all of those City Council Meeting July 7, 2015 reasons apply. Staff has spoken to park users about use of picnic tables as stair-steppers.The Parks Department would like to track use of the parks to alleviate conflicts among park users. Councilmember Dunker pointed out that boot camps are fabulous for the community and use very little space, allowing other park users to still enjoy the park. He would hate to portray it as a negative activity however he would support requiring a permit and nominal fee for organized groups. Councilmember Weidner indicate that it feels like the City is over-regulating this. Councilmember Polehna commented that the City needs documentation on groups that are using the parks so if there are problems, staff knows who to contact. He mentioned that during his employment at the County,the emphasis is to ensure the groups have liability insurance. Mayor Kozlowski stated he understands the need to know who to contact, and to let the groups know they do not have exclusive use of the park.However,$30/session seems steep and suggested capping the charge at$100/year. Councilmember Menikheim asked about the people who are making money off the activity and using the City asset. It seems reasonable to charge them for park use. Councilmember Weidner stated he would want to check to see who is making money and who is a nonprofit. He asked if the City permits the use, does the City take on more liability, and City Attorney Magnuson responded that liability is not a huge issue because Minnesota has recreational immunity and the City has coverage to take care of liability for things that occur in its parks. Councilmember Weidner asked if Segways are included in the draft policy. Mr.Moore responded in the affirmative because they are using parking lots in the parks. City Attorney Magnuson pointed out the only place the City may regulate Segways is on streets where the speed limit is more than 30 mph. They cannot be kept off Brown's Creek Trail. Councilmember Polehna indicated that at a minimum,the groups should come in and let the City know who they are. He is alright with not charging a fee and not requiring insurance as long as the City Attorney does not think it is necessary. Councilmember Junker pointed out the differences between reserving tennis or basketball courts where they occupy an entire space for a specific amount of time, and boot camp which does not impact the whole park. Councilmember Weidner commented that some fitness groups use the stairs and questioned if the City charge people to go up and down the stairs as a workout? He felt the policy was going too far. Mayor Kozlowski noted his priority is to figure out a way to communicate with these groups,and look at the wear and tear issues. Councilmember Menikheim stated the issue needs clarification. He would like to know the cost of repairing and maintaining the parks and how much results from commercial activity. STAFF REPORTS Police Chief Gannaway stated that the 4th of July went well. There were 62 calls for service. The Department is prepared for Rumble on the Deck this Thursday. Page 2 of 11 City Council Meeting July 7, 2015 In reference to Segways, he mentioned that they are allowed to use Brown's Creek Trail; staff will talk with them about taking up the whole path and creating obstructions. Cyclists must obey all traffic control signs including stop signs. City Attorney Magnuson will check to see if motorized recliners are allowed on state trails. Councilmember Polehna stated that the surrey bikes,4-wheel bikes,cause more problems because they are so wide. Councilmember Junker pointed out there is a need for public education, and for slowing down users at Hazel, as it is a dangerous blind section. Fire Chief Glaser noted that the 4th of July had average call volumes. There was more boat traffic on the river - an estimated 400 boats. Fireworks went well. On June 29 a house was struck by lightning. The new Fire Station is 98% complete. Captain Joe Buckley retired after 30 years of service. City Clerk Ward reminded the Council that the August 4 meeting has been moved to July 28 because Night to Unite is August 4. Community Development Director Turnblad stated that the free boat docks seemed to be full all weekend. The slips turned over quickly. City Administrator McCarty thanked staff and the Council for their work on the 4th of July. There will be discussion of solar gardens and use of solar energy at the next meeting.The budget process has started and departments will be meeting over the next six weeks. RECESS The meeting was recessed at 5:30 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Public Works Director Sanders Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Page 3 of 11 City Council Meeting July 7, 2015 APPROVAL OF MINUTES Possible approval of June 16, 2015 regular meeting minutes and executive session minutes Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the June 16, 2015 regular meeting minutes and executive session meeting minutes. All in favor. PETITIONS,INDIVIDUALS DELEGATIONS & COMMENDATIONS Youth Service Bureau- Mary Planten-Krell, Executive Director Mary Planten-Krell,Executive Director of the Youth Service Bureau,reviewed the organization's work. She continued by stating that there has been an increase in the number of youth and families served and that receives funding from state, counties and municipalities,client fees, insurance, and donor contributions. The contribution from Stillwater has varied from $40,000 to zero. Stillwater currently contributes $10,000. She would like to request$10,000 again. Mayor Kozlowski requested that staff look at the past years fluctuation and discuss a way to make this contribution consistent Commendation- Councilmember Polehna Mayor Kozlowski presented Councilmember Polehna with a gavel and a commendation for serving as Stillwater's 50th mayor for 60 days. OPEN FORUM Mike Robinson, 801 Pine Street West, criticized the Council for approving the Rumble on the Deck, despite Police Chief Gannaway's recommendation for denial. He feels the event puts the community at risk. Milan "Mik" Korich presented the City with a framed photograph of the last Lumberjack Days fireworks, July 24, 2011. Brad Glynn, The Locals, provided an update on Log Jam. There will be no margaritas served, as the Lions Club has withdrawn the request. CONSENT AGENDA Resolution 2015-121, directing the payment of bills Resolution 2015-122, approval of non-exclusive wharfage permit between the City of Stillwater and John Henly, St. Croix Sailing Club Resolution 2015-123, approving Amendment to Small Brewer Off-Sale Sunday Liquor License to Maple Island Brewing LLC Resolution 2015-124, approving Nationwide Retirement Solutions (NRS)457(b)Plan Loan Program amendments for City of Stillwater Plan Participants Possible approval of LMCIT Liability Coverage—Waiver form Possible approval to purchase 3 scanners—MIS Resolution 2015-125, approval of EMS Education Agreement with Regions Hospital Emergency Medical Services Resolution 2015-126,accepting Heritage Partnership Program Acceptance Form from the Minnesota Historical Society Possible approval of quote for Irrigation System Possible approval to repair play structures at Teddy Bear Park Page 4 of 11 City Council Meeting July 7, 2015 Possible approval to purchase cleaning equipment—Recreation Center Resolution 2015-127, approving Interpretive Trail Agreement with Terra Springs Master Association Resolution 2015-128, accepting cash donations Resolution 2015-129, approving the 2015-2016 grant agreement for Municipal Recycling Grant Distribution with Washington County Councilmember Weidner requested that Resolution 2015-127, approving Interpretive Trail Agreement with Terra Springs Master Association, be pulled from the Consent Agenda. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt the Consent Agenda as amended. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Councilmember Weidner asked for more background on the City's $50,000 allocation, and City Attorney Magnuson provided Council with the history of the development agreement that set the terms of the monies set-aside. It referred to all the public access areas,but did not define the public access areas as closely as it should have. He explained that the reflecting pool contained some remnant features of the old territorial prison, so the funding was intended to interpret that feature. He continued by stating that the pond has not worked as it should have,and there is a need to redo it in a way that it will function properly, not only to handle runoff but to reflect the historical aspects. There will be signs placed at locations around the access trail and at the site, to explain the feature. There originally was to be a lot more interpretation of the historical features at the site. Staff has been negotiating with the Master Association with the goal of reducing the cost. The amount represents a compromise. Councilmember Menikheim added that members of the Terra Springs Master Association came before the Heritage Preservation Commission to explain the project and felt that the faulty construction of the pond needs to be corrected. Councilmember Weidner inquired as to what happens if the$50,000 is not spent for the reflecting pool, City Attorney Magnuson responded that the $50,000 cannot be used for ordinary maintenance according to the covenant in the development agreement. It has to be used for substantial capital improvements and repairs. The entire amount of park dedication funds was waived and in lieu of paying that amount, certain park-like elements were constructed and a trail was built. However, it does not have the historical interpretive features that were envisioned at the time the development was done. Mayor Kozlowski questioned why the rest of the interpretative features were not done at that time, City Attorney Magnuson explained that the City made that agreement with the developers, who are long gone, and there was not the effort put forward to hammer these things out. What brings the process forward now is the need to do extraordinarily expensive capital improvements to the pond. Councilmember Junker pointed out that in the reflecting pond, there are a number of interpretive features, which makes reconstruction of the pond much more costly. Tom Lindeen of the Master Association explained that the $50,000 will be divided in two with $25,000 toward the fund the Association is developing to replace the stormwater pond (about a half a million dollar project). The historical nature of the foundations lies in the fact that the Page 5 of 11 City Council Meeting July 7, 2015 perimeter of the pond is the perimeter of the old twine building. There will be stone slabs near the pond indicating this is the site of the twine building where the convicts worked. For that reason, the Association felt it was reasonable to request $25,000 for use on the pond project. Another $25,000 is going toward work already done to reconstruct the main entryway in front of Building 1, which was poorly built and crumbling. There is now a new entry right next to the Warden's House for the beginning of the trail. Councilmember Weidner pointed out that the area was considered to be public access in lieu of park dedication funds. It was provided to the City as a walking trail. He views the reflecting pond as a stormwater pond that is up to the tenants to maintain, and would prioritize the pathway over the pond. Mayor Kozlowski asked again why the City never held the developer to the original agreement. Councilmember Junker responded that the developer did pay for the trail system. The money was put into an escrow account and has earned $25,000 in interest.He explained that the whole area has underground springs.The water comes from various areas of the North Hill.The holding pond takes water from the caves and funnels it under Main Street into the river. That is an important feature of the development. It is a major water thorough-pass through that site,to get to the river. The idea to preserve the twine building and interpret it in the water detention pond maintains the historical integrity of the site. Public Works Director Sanders confirmed that the pond will still operate as a detention pond for the site. Councilmember Menikheim stated, having sat in on this discussion two or three times at the Heritage Preservation Commission meetings, he feels current Councilmembers are left to deal with something that was not well taken care of 12-15 years ago. He stated that the Association has been working on this for a number of years to come up with the current plan. The City is not spending money that could be spent anywhere else and he believes the Association members know what they are doing. Finally there is a plan in place that will clean up the mess. The Council should go forward with it. Councilmember Weidner acknowledged this was a bad deal overall for everybody. He inquired if there is a plan to repave the walkway, and how can the City have assurance the repairs to the pathway will be made. Mr. Lindeen responded that the Association does not have a plan that states, for instance. in such and such a year this section will be redone. However, the reserve fund is written with certain amounts of money to be used to make capital repairs of the trail in certain years. Councilmember Weidner responded that makes him feel better under the circumstances,however he does not want this fund to be used in the future to redo streets and gutters. He is happy to hear there is a plan and also that the City can target some of the money that remains in the fund into accelerating the repairs. City Attorney Magnuson pointed out the development agreement does not state that this fund is for the trail. It is for the public access areas. That is why the City could not insist that all the money be used for the trail because there are more public access areas than the trail. The major access area for historical interpretation is the pond where the twine building was located. Page 6 of 11 City Council Meeting July 7, 2015 On a question from Councilmember Polehna if there is a contract to do the work, Mr. Lindeen replied that for the pond, bids are due Friday, July 10 and that construction will start as soon as he signs the contract with the winning bidder. Jeannine Kneubuhler, President of the Master Association, clarified the remaining $96,000 will be used exclusively for the trail. Besides the original foundation from the twine factory,there are several historic interpretive aspects of the design: the west wall that will remain is a replica of window placement for that building; signs will have the limestone twine factory identification; the design is a spool, an artistic interpretation of what was there; benches will be a 6' x 9' representation of a cell;the Heritage Preservation Commission is requiring a cantilever boardwalk as a reference to the river; and they are trying to stick to the agreement to improve the trail which they consider an asset to the community. Councilmember Weidner asked if the public is able to access the pond, and Mr. Lindeen replied that the pond would be considered private property other than the eight foot trail easement. Councilmember Weidner remarked that the City is going to give $25,000 to fix up an area to which the public will no longer have access, and Mr. Lindeen replied they will be able to see it and there will be a sign referring to it.There will still be interpretation of it. City Attorney Magnuson added that the blanket easement is over the whole site.There is a promise in the development agreement that at some point, the easement would be confined to the eight foot trail. Councilmember Junker commented you cannot turn the entire property into public access, because these are people's homes. He used the example that you can't go off the trail and go into people's backyards. Mayor Kozlowski acknowledged the issue just came before the Council today and felt the Council did not get enough time to review it. Mr. Lindeen reminded the Council that this agreement, worked on for a year,was a compromise. Granting free access to the pond is tantamount to turning the public loose over the entire property. Restricting public access to the trail was the compromise the Association worked out with it residents of Terra Springs. Councilmember Weidner stated that the City easement is over the entire area and by reducing the easement to eight feet in exchange for what would have been park dedication fees is a compromise on the part of the City. Mayor Kozlowski asked that if this has been worked on for a year, why did the Council just get it tonight. Ms. Kneubuhler responded that Councilmembers Junker and Menikheim and City Attorney Magnuson have been part of the negotiations for a long time and that the Association is as frustrated as the Council about this. She explained that most homeowners, when they purchased, had no idea about the development agreement and they were told that the blanket easement would be reduced to an eight foot easement. The twine factory is just one element of about 15 identified interpretive features. Mrs. Lindeen stated the Association had envisioned a sign with a picture of the twine building from 30 yards away stating that where that pond now is, that was where the twine building was. The interpretation really takes place on the trail. He informed the Council that to not reduce the easement would necessitate a meeting of the Association to discuss it. Page 7 of 11 City Council Meeting July 7, 2015 Motion by Councilmember Weidner, seconded by Councilmember Polehna, to table approving Interpretive Trail Agreement with Terra Springs Master Association for further discussion by the Association and the City. All in favor. PUBLIC HEARINGS Case No. 2015-13. A public hearing to consider a request from the City of Stillwater for amendment to City Code Section 31-209,Design Permit, and Section 31-509, Sign Regulations,removing design review requirements for signage in the West Stillwater Business Park District(tabled from June 16, 2015 meeting) Community Development Director Turnblad explained that the intent of the ordinance is to simplify the process for sign permits in the West Stillwater Business Park. The Heritage Preservation Commission (HPC) discussed the removal of the permit requirements for refacing any existing signs and for new signs within an approved multi-tenant sign plan. The HPC recommended approval of the Zoning Text Amendment. Mayor Kozlowski opened the public hearing. There were no public comments.The public hearing was closed. Motion by Councilmember Junker,seconded by Councilmember Polehna,to approve the first reading of the Ordinance amending the Stillwater City Code Sec. 31-202, Types of Permits, Sec. 31-204, Generally, Sec. 31-209, Design Review Permit, Sec. 31-318, VC Village Commercial District, Sec. 31-322, CRD, Campus Research District, Sec. 31-324, PWFD Public Works Facility District, Sec. 31-509, Sign Regulations, Sec. 31-510, Off-Street Parking and Loading, Sec. 517, CRD, Campus Research District Miscellaneous Standards, and Sec. 31-518, PWFD, Public Works Facility District Miscellaneous Standards. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Case No. 2015-14. A public hearing to consider a request from the City of Stillwater for amendment to the City of Stillwater 2008 Comprehensive Plan specifically to the City's Park Plan and the Transportation Plan to incorporate a Master Trails Plan into the 2008 Comprehensive Plan as required by the release of a Metropolitan Council System Community Development Director Turnblad stated that a public hearing has been scheduled for the Council's consideration of certain amendments to the 2030 Comprehensive Plan and the adoption of a Master Trails Plan. Staff solicited comments from neighboring jurisdictions which will need to be incorporated into the final draft. Consequently, the final plan is not available for Council review. Staff recommends the Council open the public hearing and table the hearing until the September 1,2015 meeting to allow for staff,the Planning and Parks Commissions to review and make recommendation on the final draft. Mayor Kozlowski opened the public hearing. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to table until September 1, 2015, Case No. 2015-14, a request from the City of Stillwater for amendment to the City of Stillwater 2008 Comprehensive Plan specifically to the City's Park Plan and the Transportation Plan to incorporate a Master Trails Plan into the 2008 Comprehensive Plan as required by the release of a Metropolitan Council System. Page 8 of 11 City Council Meeting July 7, 2015 Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Possible approval of Stillwater Log Run event— September 19, 2015 City Clerk Ward reviewed the Special Event Permit application for the Stillwater Log Run from Run Stillwater, Inc. The event organizer requests the use of seven parking spaces in Lot 2 the morning of September 19 to be used as a gathering place for the racers. They would also like to reserve the two on-street spaces on the north side of Nelson Street between Sam Bloomer Way and the entrance to Lot 2,to be used for a water station and to park an ambulance. The Downtown Parking Commission recommendation is that unusual circumstances do not prevent the gathering place for racers to be in Lowell Park. Therefore,they recommend denial of the request to reserve spaces in Lot 2, but they recommend approval of the two on-street spaces on Nelson Street at the cost for parking spaces according to the City's Fee Schedule. The event will have police services, but the threshold for a contract is $1,000,therefore a contract is not required for this event. Motion by Councilmember Junker, seconded by Councilmember Weidner, to approve the Stillwater Log Run event based on the staff recommendations. All in favor. Possible approval of Fall Colors Fine Art and Music Festival event and contract City Clerk Ward explained that the Greater Stillwater Area Chamber of Commerce has applied for a Special Event Permit to host the Fall Colors Fine Art and Music Festival from October 2-4. The Council informed the event organizer in January 2015 that the festival should be on the grass and not in the parking lots. Additionally, staff recommends that the music stage be moved to the amphitheater stage. The Downtown Parking Commission recommendation is to allow the reservation of Lots 9 and 10, and the on-street parking on Mulberry Point. However, the Parks Commission recommended that the entire event be held in Lowell Park.The charges for this event will be invoiced according to the City's Fee Schedule. Councilmember Polehna reiterated that the Parks Commission felt the music should be in the amphitheater. Public Works Director Sanders indicated that it makes sense that the food vendors are in parking lots,but artists are in the park. City Clerk Ward clarified the staff recommendation that Lot 9 would be used for food vendors, Lot 10 would be for their parking,everything on the stage would go to the City amphitheater, and everything around the circle would remain there. Motion by Councilmember Junker, seconded by Councilmember Polehna,to adopt Resolution 2015- 130, approving Fall Colors Fine Art and Music Festival Event and Contract, with vendors using Lot 9, vendor parking in Lot 10;Lots 8 and 11 being open to the public; the circle to be used for artists, and the stage moved to the amphitheater stage in Lowell Park. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Page 9 of 11 City Council Meeting July 7, 2015 Approval of plans and specifications and authorization for bids 2015 street improvement project (Project 2015-02) Public Works Director Sanders reported to the Council that plans and specifications for the 2015 Street Improvement Project are completed.At the request of the Downtown Parking Commission, the project will include getting a quote for rehabilitation of the North Main Parking Lot. Once bids are opened, a determination will be made whether or not to proceed with the parking lot project. The bid date would be August 13 with bids presented to Council August 18. Staff recommends that the Council approve plans and specifications for the 2015 Street Improvement Project and order advertisement for bids for the project. Motion by Councilmember Weidner,seconded by Councilmember Junker,to adopt Resolution 2015- 131, approving plans and specifications and authorization for bids for 2015 Street Improvement Project. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of No Parking on west side of Martha Public Works Director Sanders reported there have been complaints from residents about parking along Martha Street between Wilkins and Aspen Streets. The street width is 24 feet, which is narrow according to City standards. This section of road is adjacent to Staples Field and parking is utilized mainly during the summer months due to baseball activities. Vehicles are parking on both sides of the street making it difficult for even one lane of traffic and possibly the passage of emergency vehicles. Staff recommends that parking be prohibited on the west side of Martha Street between Wilkins and Aspen Street. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2015-132, authorizing no parking on the west side of Martha Street between Wilkins and Aspen Street. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None COUNCIL REQUEST ITEMS There were no council request items. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn the meeting at 9:09 p.m. All in favor. difigirI Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Page 10 of 11 City Council Meeting July 7, 2015 Resolution 2015-099, directing payment of bills Resolution 2015-121, Directing the Payment of Bills Resolution 2015-122, Approval of Non-Exclusive Wharfage Permit between the City of Stillwater and John Henly, St. Croix Sailing Club Resolution 2015-123, Approving Amendment to Small Brewer Off-Sale Liquor License to Maple Island Brewing LLC Resolution 2015-124, Approving Nationwide Retirement Solutions (NRS) 457(b)Plan Loan Program Amendments for City of Stillwater Plan Participants Resolution 2015-125, Approval of EMS Education Agreement with Regions Hospital Emergency Medical Services Resolution 2015-126, Approving the Heritage Partnership Program Acceptance Form from the Minnesota Historical Society Resolution 2015-127, NOT USED Resolution 2015-128, Resolution Accepting Cash Donations Resolution 2015-129, Approving the 2015-2016 Grant Agreement for Municipal Recycling Grant Distribution with Washington County Resolution 2015-130,Approval of Fall Colors Fine Art and Music Festival Event and Contract Resolution 2015-131, Approval of Bids and Specifications and Authorization for Bids 2015 Street Improvement Project Resolution 2015-132,Authorizing No Parking on the West Side of Martha Street between Wilkins and Aspen Street Page 11 of 11