City Council Meetings

City Council Meeting February 3, 2020 6:30 PM – City Hall Mayor Mark Peterson called the meeting to order at 6:30 p.m. and the Pledge of Allegiance was recited. Present: Mayor Mark Peterson, Council Members Allyn Thurley, Eileen Moeller, Pamela Eyden, George Borzyskowski and Paul Schollmeier. Absent: Council Member Michelle Alexander Mayor’s Comments: Mayor Mark Peterson announced that the Frozen River Film Festival would be held this weekend. He thanked Lee Gundersheimer for producing the play recently held at the Masonic Theater and noted that the proceeds will be used for the theater improvements. The Winona Area Historical Society will be hosting an open house on Sunday, Feb. 9, from noon – 4:00 p.m. City Manager’s Comments: City Manager Stephen T. Sarvi reported that City staff is monitoring the high water levels on the Mississippi River, and the City will be involved in a regional approach to managing it. 2.1 Consider Vacating Alley on Central School Block This is a public hearing pursuant was called to consider the vacation of the alley on Block 37, Plumer’s Addition. Central Square Properties, LLC, is requesting this vacation for the redevelopment of the former Central School block. This public hearing will provide an opportunity to all persons affected wishing to speak for or against the vacation. It was noted that a previous vacation on this block did not include this portion of the alley. A copy of the investigation report prepared by City Engineer Brian DeFrang was presented for the Council’s review. The report is presented pursuant to requirements set forth under Winona City Code Section 25.26. In accordance with City Charter, this section of City Code requires officials to determine whether or not the proposed vacation will: (1) work a hardship on affected property owners; (2) deprive such owners of a substantial right appurtenant to their property; and (3) be in the best interests of the public. Thereupon the Mayor opened the public hearing. There being no one present to speak to the issue, the Mayor closed the public hearing. Borzyskowski then moved to introduce the ordinance, and the motion was seconded by Moeller. The motion carried with all voting aye. 3.1 Request to Make an Honorary Designation of 2nd Street from Center Street to the East of Wall Street as Bytow Byway City Engineer Brian DeFrang received a request from the Kashubian Capital Centennial 2020 Campaign (KCC2020) that an Honorary Designation of 2nd Street from Center Street to east of Wall Street be “Bytow Byway”. KCC2020 has requested that the signs be placed on every block from Center Street to the east at the top of the street sign. This item was withdrawn at the request of the City Manager for further review. 5.1 Appointment of Election Judges for 2020 Presidential Nomination Primary The City Clerk presented a list of proposed election judges for the Presidential Nomination Primary Election to be held on Tuesday, March 3. If the Council concurs, a motion to approve the following resolution which approves the list and authorizes the Regular City Council Meeting – February 3, 2020 Page 271 City Clerk to make substitutions and to appoint additional judges as necessary would be in order. The following resolution was then presented for the Council's consideration. Resolution 2020 – 07 BE IT RESOLVED by the City Council of the City of Winona, Minnesota, that the attached list of persons are hereby appointed as 2020 Election Judges for the March 3rd Presidential Nomination Primary contingent upon each person completing the required election judge training. BE IT FURTHER RESOLVED that the City Clerk shall have the authority to make substitutions and to appoint additional election judges as necessary. 2020 Presidential Nomination Primary Election Judges Last Name First Name Address PNP shift 1st Ward - 1st Precinct Maplewood Townhomes Anderson Susan 121 West 4th St. All Davis Judith 22559 County Road 15 All Galke Mary 1317 Wincrest Drive Evening Mohan Emmalee 1271 Wincrest Dr All Mulyck Albert 1134 West 4th St. Morning Singer Mary 125 North Baker Street Evening 1st Ward - 2nd Precinct Radiant Church Bellman Jean 320 Knopp Valley Drive Evening/all Brenner Colleen 1763 Gilmore Avenue Morning Garrity Gayle 397 Knopp Valley Drive All Gervais Christopher 25000 Echodale Road Evening Mueller Laurel 365 Junction Street Evening Schueler Gracelyn 125 Sunnyside Lane Morning Wadewitz Rosemary 317 Knopp Valley Drive Morning Wilmot Christine 1776 Edgewood Road All 1st Ward - 3rd Precinct Sauer Memorial Home Terpstra David 266 Oak Leaf Drive All Aldrich Brian 1376 Skyline Drive All Edin Becky 410 W. 6th Street All Jarvinen Kathryn 1750 Gilmore Ave All 1st Ward - 4th Precinct Faith Lutheran Church Aldrich Lynn 1376 Skyline Drive All Kronebusch Claire 675 W Sarnia, #207 Evening Looman Jack 4155 West 6th St Evening Sheets Deborah 1103 Gilmore Avenue Evening Tentis Matt 2909 Greenbriar Drive Morning Wildenborg Mary 1091 Gilmore Valley Road All 2nd Ward - 1st Precinct St. Anne’s Hospice Cenfield Raymond 1473 Park Lane Evening Dahl Richard 1167 West 5th St. Morning Hoffmann Thomas 1169 West Howard St. Evening Lehn Steven 516 Collegeview St. Evening Olson Joliene 416 West Howard St. All Walz Renee 1221 Gilmore Valley Rd All 2nd Ward - 2nd Precinct West Rec Center Bjork Joie 1743 Gilmore Valley Road All Hawkinson Lisa 23022 Blackberry Road All Hegard Teresa 1373 Sunset Drive All Johnson Emily 174 East 5th Street; #2 All Mulyck Chris 180 North Baker Evening Regular City Council Meeting – February 3, 2020 Page 272 2nd Ward - 3rd Precinct Cotter Schools - St. Cecilia Commons Simon Pamela 422 West King St. All Mohan Madeline 1271 Wincrest Drive 4 - close Campbell John 472 W. 6th St. Evening Forsythe Barb 765 West King Street 11 – close 2nd Ward - 4th Precinct Cotter Schools - St. Cecilia Commons Grawe Robin 678 Sioux Street All Hyma Jeffery 554 West Lake Street Evening Olson-Ventura, Nancy 764 West Broadway Morning Warneke Jane 672 Harriet Street Morning 3rd Ward - 1st Precinct Kryzsko Commons, WSU Debnath Joyati 64 White Oak Court All Krause Laura 713 Main Street All Graff Sophia 703 Main Street 4 - close 3rd Ward - 2nd Precinct Lake Lodge Hennessy Barbara 359 Ewing St, Apt. 11 All Gorden Carole 1613 Gilmore Valley Rd All Koenig Margaret 63 Sharal Lane Evening Sannerud Peggy 412 East Mark St. All Troke Darlene 410 East Wabasha Morning 3rd Ward - 3rd Precinct Central Fire Station Olson Myrna 357 East 10th Street All Hancock Cooper 191 Sweetwater Drive 4 - close Kramer Carol 366 East 5th Street All Krause-Wohlfeil, Karla 20 Franklin St, Apt. 301 Evening Lee Frederick 157 West 3rd St., Apt. 410 All Neitzke Arlene 213 East Howard St. Morning Papenfuss Patricia 276 Pleasant Hill Drive Morning 3rd Ward - 4th Precinct City Hall Banicki Jacquelyn 827 East 4th St Evening Doerr Judith 1950 Gilmore Valley Road All Gerdes Judith 1262 West Broadway Evening Mueller Grace 3525A West 7th St. Morning Prudoehl Carole 1418 Brookview Drive All 4th Ward - 1st Precinct East Rec Center Seppanen Linda 2225 Garvin Heights Road All Looman Cheryl 4155 West 6th Street Evening Peterson Robert 23443 East Burns Valley Rd All 4th Ward - 2nd Precinct East Rec Center Borzyskowski, Carol 128 Lohse Drive All Donahue Mary 111 Mankato Avenue All Badciong Ruth 1419 Homer Road Morning Foss Jason 402 East Broadway All Krause Fred 713 Main Street All Lyons Polly 163 Chatfield Street Morning 4th Ward - 3rd Precinct Southeast Technical VanGuilder Amy 1435 49th Ave All Badciong Peter 1419 Homer Road 4 - close Beck Linda 120 Glen Mary Rd All Hanson Jill 250 Oak Leaf Dr. Morning McManemy Terri 125 East Garvin Heights Rd All Moeller Jan 25971 County Road 9 Evening Regular City Council Meeting – February 3, 2020 Page 273 4th Ward - 4th Precinct National Guard Armory Terpstra Brenda 266 Oak Leaf Drive All Charles Ruth 262 Wilson Street Evening Klink Barbara 1330 East Burns Valley Rd Morning Knuesel Elizabeth 813 Hickory Lane Morning Rowekamp Betsy 79 Shady Oak Court Evening Wilke Janet 127 Lohse Drive Evening Thereupon Borzyskowski moved to waive the reading of the resolution and to adopt same. The motion was seconded by Schollmeier, and carried with all voting aye. Thereupon the Mayor declared the resolution duly adopted. 5.2 Extend Cable Television Franchise Agreement – Charter Communications The City Clerk reported that in December 2015, the Council approved a new cable television franchise agreement with Hiawatha Broadband Communications, Inc. (HBC), and extended the current agreement with Charter Communications until June 30, 2016. The Council has since extended the franchise agreement with Charter several times for additional six month increments. The current extension expired on January 31, 2020. Legal counsel and City staff have met most recently in December with representatives from Charter to draft the new agreement, but additional time is required to complete this process. Therefore, another extension of the old agreement is requested. Staff is recommending extending the agreement until July 31, 2020, or until such time as the new agreement has been fully executed. The following resolution was then presented for the Council's consideration. Resolution 2020 – 08 WHEREAS, on February 21, 2000, the City of Winona, Minnesota (“City”) adopted Cable Television Franchise Ordinance No. 3442 (“Franchise”), which is currently held by Spectrum Mid-America, LLC, d/b/a Charter Communications (“Charter”); and WHEREAS, the initial term of the Franchise expired on December 31, 2015; and WHEREAS, the City adopted Resolution No. 2015-118 on December 21, 2015 extending the term of the Franchise until June 30, 2016; and WHEREAS, Charter executed said Resolution No. 2015-118 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 2016-56 on June 6, 2016 extending the term of the Franchise until December 31, 2016; and WHEREAS, Charter executed said Resolution No. 2016-56 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 2016-103 on December 5, 2016 extending the term of the Franchise until June 30, 2017; and WHEREAS, Charter executed said Resolution No. 2016-103 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 2017-60 on June 5, 2017 extending the term of the Franchise until December 31, 2017; and WHEREAS, Charter executed said Resolution No. 2017-60 and agreed to continue complying with the Franchise, as amended by the Resolution; and Regular City Council Meeting – February 3, 2020 Page 274  WHEREAS, the City adopted Resolution No. 2017-149 on December 18, 2017 extending the term of the Franchise until July 16, 2018; and WHEREAS, Charter executed said Resolution No. 2017-149 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 2018-56 on July 2, 2018 extending the term of the Franchise until December 31, 2018; and WHEREAS, Charter executed said Resolution No. 2018-56 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 2018-106 on December 3, 2018 extending the term of the Franchise until June 30, 2019; and WHEREAS, Charter executed said Resolution No. 2018-106 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 2019-59 on July 1, 2019 extending the term of the Franchise until January 31, 2020; and WHEREAS, Charter executed said Resolution No. 2019-59 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City and Charter desire to extend the term of the Franchise to facilitate renewal negotiations under state and federal law. NOW, THEREFORE, the City Council of the City of Winona, Minnesota hereby resolves as follows: 1. The Franchise is hereby amended by extending the term of the Franchise from February 1, 2020 through and including July 31, 2020 unless earlier renewed by the parties. 2. Except as specifically modified hereby, the Franchise shall remain in full force and effect. 3. The City and Charter hereby agree that neither waives any rights either may have under the Franchise or applicable law. 4. This Resolution shall become effective upon the occurrence of both of the following conditions: (1) The Resolution being passed and adopted by the Winona City Council and (2) Charter’s acceptance of this Resolution. Thereupon Borzyskowski moved to waive the reading of the resolution and to adopt same. The motion was seconded by Moeller, and carried with all voting aye. Thereupon the Mayor declared the resolution duly adopted. 5.3 Invasive Aquatic Plant Management Grant The Minnesota Department of Natural Resources periodically offers grant funds to aid in the control of invasive aquatic plant species. Lake Winona is known to harbor invasive aquatic plants such as curly leaf pondweed and Eurasian watermilfoil. The City’s Natural Resources and Sustainability Coordinator recommends seeking these grant funds to help defray the cost of managing the invasive species. Staff proposes using herbicide to kill curly leaf pondweed biomass in early June in order to remove the reproductive parts of the plant before they are mature. A later season application of herbicide could be utilized to control Eurasian watermilfoil. State regulations limit the project size of a strictly herbicide application to 15% of a lake basin. Staff suggests starting with 15% of the smaller west basin, which would constitute about 11.5 acres. Regular City Council Meeting – February 3, 2020 Page 275 A requirement of the grant is to do a lake inventory of aquatic plant species, and can be reimbursed up to $1,000. The grant also funds the treatment at $1,050 plus another $50 per acre above 10 acres. Thus the City would likely receive funding of $2,025. The total cost of the project would be about $4,500, meaning the City would need to provide about $2,475 in funding. Staff suggests utilizing the storm sewer fund for this expense. Moeller moved to approve the request. Schollmeier seconded the motion, and after a brief discussion, it carried with all voting aye. 7.1 Council Concerns Moeller congratulated the Minnesota Marine Art Museum on their recent Shutterbug exhibit, and noted that it received media coverage throughout the state. Thurley congratulated Visit Winona on their response to the Super Bowl ad which was filmed in Winona. Schollmeier was concerned about potential flooding of the Mississippi River, and was glad to hear that staff is monitoring the situation. He echoed Thurley’s comments about Visit Winona. Borzyskowski noted the presence of Wincraft products made in Winona on the field at the end of the Super Bowl. He offered his condolences to the family of Mary Lou Pellowski, who recently passed away. 8.1 Consent Agenda The City Clerk presented the Consent Business Agenda as follows: Item No. 8.1: Approval of Minutes – January 21, 2020; and Item No. 8.2: Claim against the City by Shane Rasmussen. Thurley moved to approve the consent agenda. Eyden seconded the motion, and it carried with all voting aye. The time being 6:50 p.m. and there being no further business to come before the Council this evening, Borzyskowski moved to adjourn. Eyden seconded the motion, and it carried with all voting aye. _________________________________ Monica Hennessy Mohan City Clerk Mark F. Peterson Mayor Regular City Council Meeting – February 3, 2020 Page 276