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HomeMy WebLinkAbout2009-06-16 CC MIN TNE lIIIiTH'LACE OF MllllEla'" CITY COUNCIL MEETING June 16, 2009 REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Fire Chief Glaser Finance Director Harrison Police Chief Gannaway Assistant Engineer Kraftson Assistant Public Works Superintendent Moore City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Cook, seconded by Councilmember Polehna to approve the minutes of the June 2, 2009, regular and recessed minutes. All in favor Mayor Harycki noted the passing of Jerry Fontaine, who served the City for many years as a member of the Planning Commission. OPEN FORUM No public comments STAFF REPORTS Chief Gannaway reported that the State Patrol conducted a commercial vehicle saturation patrol on the lift bridge, with numerous violations found during 30 inspections. He stated two of the violations were for being over the height restriction, and those vehicles were diverted off the bridge. The Chief also updated the Council on the bike race held the previous weekend; he stated the race went well, with no incidents. He said three vehicles were towed prior to the race and two complaints were received about towing and that an additional complaint was received about traffic flow. City Council Meeting June 16, 2009 Chief Gannaway stated he had just received information about a grant he had applied for as part of the stimulus package. He said the department is eligible for $11,700 in funding, with no match required, for a specific initiative. He noted his department had been contemplating putting together a downtown camera security system, part of which would be funded by the Downtown Parking Commission; he asked the Council for approval to apply for the grant to provide additional funding for the camera security system. Motion by Mayor Harycki, seconded by Councilmember Roush to adopt Resolution 2009-91, authorizing application for the Recovery Act Edward Byrne Memorial Justice Assistance Grant (Jag) Program, for possible funding of downtown security cameras. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Fire Chief Glaser updated the Council on the fire station construction grant. He stated there is one item in the grant application which asks whether there is any interest on the part of the applying agency in providing a contribution toward the grant. There is no required contribution but noted the grant is expected to be a very competitive process and a commitment to contribute a certain amount of dollars may be the difference in a grant award. It was decided to bring this item back for discussion at the July 7 Council meeting when Chief Glaser will have more information regarding construction estimates for a new station, and more information will be known about the State budget cuts as well. Councilmember Cook suggested contacting the granting authority to try to determine if there are any guidelines regarding a suggested contribution level. Mayor Harycki asked Finance Director Harrison to look at the implications for the City's outstanding debt. Chief Glaser reminded citizens that burn restrictions are still in place and asked citizens to check the City's web site for updated information on any burning restrictions. Chief Glaser told the Council all of the department's engines had the annual ISO and FPA pump certification test and all passed. He reported the department had responded to a house fire in the 1 OOO-block of South Sixth Street. He also noted the department celebrated its 13ih anniversary on May 28. City Clerk Ward reported that she, the City Administrator and City Attorney are working on the contract list and should have something for the a meeting in July. Community Development Director Turnblad told the Council that the Planning Commission had approved the cell tower proposed to be constructed at the Jaycee fields. He said approval came with a number of conditions, including that the antennas be internally mounted. He noted there is a 1 O-day appeal period for the approval; the appeal period expires June 13, 2009. Mayor Harycki asked a,bout a possible impact on the location of a new fire station at the former dump site; Mr. Turnblad said that shouldn't have any impact, according to the consulting engineer's report. Councilmember Roush referred to a law prohibiting a cell tower or other major antenna Page 2 of 12 City Council Meeting June 16, 2009 within a certain radius of a municipal antenna; it was decided to have City Attorney Magnuson research this issue for possible bearing on an appeal by the City. Mr. Turnblad provided an update on research into what other communities are doing regarding solar panels and wind turbine. He said a complete report would be prepared for late summer/early fall; Mayor Harycki asked that the issue be added to the Council's September work plan. Mr. Turnblad provided an update on the contract with A-1 Maintenance to provide cleanup/maintenance of vacant properties and that the contract will be evaluated when it is due for renewal. He said the company has been sent to about 12 properties that have been the subject of complaints, most regarding long grass and that most of the property owners have been paying the bills charged for the cleanup. Mr. Turnblad reported on issues related to the screening of the portable toilets near the downtown gas station at Main and Myrtle streets. He said it is not necessary to have two handicap-accessible toilets, as are currently provided. He noted there was a previous estimate of $4,460 for materials and labor to construct the screening however by using Sentence to Serve people, the cost could be reduced to materials only, $1,460. However, he noted that Sentence to Serve would not be available to do the project until August. He said another alternative would be to utilize the assistance of a resident who has basically volunteered to do the work for about $300; Public Works would do the footings due to the number of cables, etc. in the area. Councilmember Gag questioned the expenditure if the facilities are not going to be needed long-term, given the new restroom facilities that will be provided in the near future. Mr. Turnblad said he thought the facilities would be needed for a relatively long period of time; City Administrator Hansen pointed out that there is a high demand for public restroom that the City has not been able to fill. Councilmember Polehna suggested the money saved by cutting back on the number of facilities would pay for the cost of screening in a relatively short time. It was consensus to provide two regular and one handicap-accessible toilet. Motion by Mayor Harycki, seconded by Councilmember Cook to authorize the expenditure of up to $2,000 for the screening of the toilets. All in favor. Mayor Harycki thanked the resident who has volunteered his labor. Assistant Public Works Superintendent Moore updated the Council on the dog park issue. He said staff has obtained quite a bit of information regarding operation and maintenance of such facilities from other communities. He said the Parks Commission would be touring a possible site, by the skate park, at its next meeting. On a question by Mayor Harycki, Mr. Moore reviewed other possible sites. He said the Parks Commission would likely be addressing the issue in depth at its August meeting; Mayor Harycki asked that this be placed on the Council's September work plan. Mr. Moore reported staff had received several quotes for the repair of the steps at City Hall and that complete replacement of the steps and railing would cost approximately Page 3 of 12 City Council Meeting June 16, 2009 $7,000-$12,000. Rather than complete replacement, staff is looking at a system of concrete rehabilitation, which should provide another 5-10 years of use for the stairs; estimates for the rehab work range from $1,500 to $2,400. Assistant Engineer Kraftson provided an update on the Washington Avenue project and that the project, a mill and overlay from Highway 36 to Orleans, will be done with stimulus funding, with a 20 percent City match. He said plans for the project need to be completed by September, with bids likely let in the winter. Mr. Kraftson also provided an update on the ravine project and the annual street project; he reported that a lot of soil/sub-grade corrections, more than anticipated, have been encountered in Center Street and Owens where utilities are being installed. On a question by Councilmember Roush, Mr. Moore stated the water fountain in Lowell Park is out of service and would be expensive to repair. City Administrator Hansen asked to clarify whether the Council was authorizing the expenditure for the repair of the steps at City Hall. In discussion of possible funding sources, it was noted that this project could be tied to the annual sidewalk project. Finance Director Harrison reviewed the monthly financial report and the concept of period budgeting. The report indicates that revenues collected for the period January through May are about $56,000 below what was anticipated and spending is over $330,000 below what was budgeted for the period. She highlighted key factors for the variations -- permit fees and refunds/reimbursements on the revenue side and the hiring freeze and capital expenditure freeze on the spending side. Ms. Harrison stated a monthly report will be provided in the agenda packet on a monthly basis. City Administrator Hansen noted that Governor Pawlenty had announced his unallotments, with the results a "mixed bag" for the City. He said the statement indicates that for 2009, the Governor is going to unallot $359,402; and that he had been anticipating a reduction more in the range of $1 million, and the City has already made cuts of $600,000. He said if the announcement reflects a true and correct number, the City is in good shape for 2009. For 2010, the Governor unallots $829,277, according to the announcement; the confusing thing is that the figure is more than the LGA anticipated to be received in 2010. He spoke to the difference in the figures given in the latest announcement regarding unallotments and the announcement the Governor made in January. He said he would provide updated information at the first or second meeting in July. CONSENT AGENDA Councilmember Roush asked about two expenses related to the marathon; City Administrator Hansen stated those expenses are to be reimb'ursed by the event organizers. Page 4 of 12 City Council Meeting June 16, 2009 Motion by Councilmember Gag, seconded by Councilmember Roush to approve of the Consent Agenda. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None 1. Resolution 2009-88, directing payment of bills 2. Resolution 2009-89, approval of Trunk Highway 95 Cooperative Construction Agreement with Mn/DOT 3. Resolution 2009-90, approval of Qwest Agreements for T1 lines to Washington County & Public Works PUBLIC HEARINGS This is the date and times for a public hearinq requested bv the United States Postal Service to explain USPS intent, answer questions. and receive comments and suqqestions. Please note: No decision concerninq alternatives will be made at this meetinq. Notice was published in the Stillwater Gazette on June 4. 2009. Ken Lieu, real estate specialist, U.S. Postal Service, Englewood, CO., gave a Power Point presentation regarding plans for the relocation of the Post Office to a new building across the street from its current building. The presentation highlighted the association with Trinity Lutheran Church, issues related to the current building space, parking and traffic, handicap accessibility, and other needs. He noted this meeting was to serve as a community contact meeting, which will allow for a 30-day comment period from the public; any offers that may be of better values to the Postal Service than offered by Trinity Lutheran Church may also be submitted during the 30-day comment period, he noted. Renderings of the proposed new building were included in the presentation. There was a question as to whether the drawings were the most recent renderings; Mr. Turnblad provided additional drawings. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Mr. Lieu asked that the Council pass a resolution indicating its support for the relocation and reaffirm the City's position as stated in a letter in 2007 regarding the possible move. Mr. Lieu said the Postal Service would be willing to work with the City and Trinity Church to address any concerns regarding parking and traffic circulation. City Administrator Hansen spoke to previous Councils' desire to keep the Post Office in the downtown area. Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Resolution 2009-92, resolution supporting the move of the United States Post Office, with City Attorney Magnuson is to develop the specifics of the language of the resolution to satisfy project requirements. Page 5 of 12 City Council Meeting June 16, 2009 Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None This is the date and time for a public hearinq to consider the 2009 Mill and Overlay proiect. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 5 & 12. 2009 Assistant Engineer Kraftson briefly reviewed the project, noting that a neighborhood meeting, which was very well attended, had been held on June 8. He also reviewed proposed assessments. He spoke to the amount of soil correction that has been encountered in the street reconstruction project. Due to the soil corrections problem, he would recommend that rather than proceeding with mill and overlay of both the Tuenge/Shelton Drive neighborhood and the Second Street area initially proposed, only the Tuenge Drive neighborhood be done at this time. He recommended putting the Second Street area on hold pending more information on the extent of the soils corrections problem and possibly delaying this work until next year when state aid funds will be available. He noted there was good neighborhood support of both portions of the mill and overlay project. Mayor Harycki opened the public hearing. Ron Anderson, 1900 Westridge Circle, spoke of the neighborhood meeting and noted that according to a survey he had done, 23 or 24 people in attendance favored the project. He spoke of cut-through traffic going through the neighborhood. No other comments were received, and the hearing was closed. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009-93, ordering improvement, approving plans and specifications, and extending unit prices from the 2009 Street Improvement Project for the 2009 Mill and Overlay Project (Project 2009- 08) as recommended by Mr. Kraftson. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS Discussion on Mainstream Development project Community Development Director Turnblad reviewed the conditions of the agreement with Mainstream Development for the use of the staging area for their construction project, specifically the conditions relating to the U-Hauls and signage. He said those conditions have now been met, noting that it was decided it would be better to have the City make and install the signs so they appear the same as other City signage and invoice Mr. Stefan for that cost. Mr. Stefan was present and apologized for any previous problems/misu nderstand ings. Page 6 of 12 City Council Meeting June 16, 2009 Consider amendment to the Heirloom Homes contract with Don Empson (Resolution-Roll Call) Community Development Director Turnblad referred to the information in the agenda packet from Planner Pogge providing the reasoning/justification for the proposed contract amendment. Councilmember Polehna asked what Mr. Pogge's recommendation was; Mr. Turnblad stated Mr. Pogge did not provide a recommendation but he thought Mr. Pogge believed Mr. Empson's work was better than expected. Councilmember Cook, liaison to the Heritage Preservation Commission, referred to an e-mail from Mr. Empson that she thought addressed the issue and noted that the HPC had agreed to this amendment. Councilmember Roush asked about the precedent in that this was a public contract and asked for comment from legal counsel. Councilmember Gag, who was Council representative on the HPC when the contract was awarded, noted that the HPC wanted stronger narratives than had been provided by the previous consultant. City Attorney Magnuson said this is an issue of "substantial performance," and if there has been substantial performance, the contract has been fulfilled. Councilmember Gag suggested the difference in the work provided by the previous consultant and Mr. Empson's is "night and day" and suggested the City is getting something special for its web site in Mr. Empson's work. Don Empson, 1206 N. Second St., pointed out he could have done everything required in the original contract in less than a month, but instead spent six months researching the homes. Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Resolution 2009-94, approving amendment to contract with Don Empson. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible first readinq of Ordinance 1008, an ordinance amendinq the City Code by chanqinq commission requlations which relates to term limits for Parkinq, Planninq, Heritaqe Preservation, Human Riqhts and Downtown Parkinq Commissions City Attorney Magnuson stated this amendment is an attempt to have uniform commission terms, all expiring at the same time of year and all having term limits of three consecutive terms unless there is a shortage of suitable applicants. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the first reading of Ordinance 1008, an ordinance amending the City Code by changing Commission regulations. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 7 of 12 City Council Meeting June 16, 2009 Possible approval of resolution chanqinq Downtown Parkinq Commission requlations which relates to term limits. City Attorney Magnuson noted this commission was established by resolution and can be changed by resolution. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009-95, resolution amending Resolution 2008-36 and Resolution No. 92-249 establishing Downtown Parking Commission and Bylaws. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible second readinq of Ordinance 1009, an ordinance amendinq Article 21-13 of the City Code by addinq &21-13. Subd. 6 which relates to ordinance adoption procedures City Attorney Magnuson noted this was a housekeeping matter to address a concern that there not be an inordinate amount of time between the first and second readings of an ordinance and that consideration of a new ordinance is by the same City Council. Mr. Magnuson noted that the proposed amendment requires that an ordinance be considered by the same City Council unless the 60-day rule would be involved and require action. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Ordinance No. 1009, an ordinance amending Article 21-13 of the City Code by adding S21-13, Subd. 6 which relates to ordinance adoption procedures. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Har'ycki Nays: None NEW BUSINESS Discussion qaraqe encroachment on Sherburne Street Community Development Director Turnblad stated the City has received a request from property owner Tony Mutter to vacate a portion of Sherburne Street North as a means of dealing with an issue related to the fact that his garage encroaches onto city right-of- way. Mr. Turnblad pointed out the garage was constructed before Mr. Mutter purchased the property; he also noted the requested vacation would not affect the proposed McKusick trail project. Mr. Turnblad reviewed several options related to the request and also noted the City had received a similar request in May 2003 and denied the vacation request in favor of granting a license for use. There was discussion of the legal differences between a vacation and license. Councilmember .Gag pointed out that normally such requests go to the Planning Commission for a recommendation before coming to the Council. Page 8 of 12 City Council Meeting June 16, 2009 Baiers Heeren, representing the Mutters, suggested that the use of a license, rather than vacation, creates an ongoing marketability problem for the Mutters and pointed out that this is an attached garage rather than an ancillary structure which would be easier to remove should that be required of a license holder in the future. Mr. Heeren stated no action was being requested of the Council at this time; the presentation was being made to make the Council aware of the issues and obtain possible feedback. Councilmember Gag said he would not be comfortable making any comment or providing any direction until the request goes to the public and through the proper channels. Councilmember Roush asked if an appraisal had been done for the property requested to be vacated and requested that information be made available for the next time the Council considers this matter. Mr. Turnblad pointed out that vacations are simply a transfer of title, with no payment involved; City Attorney Magnuson stated sale of right- of-way is not allowed. Councilmember Polehna pointed out that a previous Council had already denied the vacation request in favor of a license for use of the property subject to the Mutters providing a survey and this Council would not have to take any action. Mr. Heeren suggested the nature of the property has changed since the previous Council's action in 2003; City Attorney Magnuson agreed that the previous request was different in that it encompassed a number of unimproved streets in the area. Councilmember Roush rescinded his request for an appraisal. No action was taken and Mr. Heeren stated that they would be going through the Planning Commission for a vacation request. St. Croix Boat & Packet Information-Number of Boats/Permit City Attorney Magnuson reviewed the permits for St. Croix Boat & Packet and Mr. Turnblad's memo to the Council which concludes that the permits allow for 4 moored excursion boats at the City docks and one additional boat which can be boarded at the City docks, but must be moored elsewhere; the permits also allow the mooring of up to boats for repair. In discussion, it was noted that currently there are only four boats moored at the docks, thus there is no issue. It also was noted that in the permits, unlike the special use permit, the vessels are not named. Councilmember Cook said this discussion was prompted by concerns about the view obstruction of the larger boat and also that the larger boat is not typical of the excursion boats or of an historical character. As a compromise, Councilmember Cook suggested that the new boat be moved to the south end of the docks. Councilmember Gag suggested that if there is language that needs to be updated/changed, that be done when the Council considers the annual renewal of permits. Page 9 of 12 City Council Meeting June 16, 2009 Possible acceptinq of feasibility report and call for hearinq for 2009 Sidewalk project (Resolution-Roll Call) Assistant Engineer Kraftson reviewed the proposed project, which would include 55 properties at an estimated cost of $38,281; 50 percent of the cost would be assessed to the property owners. In addition, Mr. Kraftson noted there is $4,000 budgeted for rehabilitation of sidewalks adjacent to City property and believes the rehabilitation of the steps at City Hall can be included by delaying one of the locations proposed to be done this year. It was verified that this action included the rehabilitation of the City Hall steps. Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Resolution 2009-96, resolution receiving report and calling hearing on 2009 Sidewalk Rehabilitation Project (Project 2009-05) Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible appointments to Special Event Task Force City Clerk Ward stated interviews were held for the at-large citizen representatives on the special event task force and the recommendation is to appoint Debbie Johnson and Chris Murphy as those representatives. Motion by Councilmember Gag, seconded by Councilmember Cook to approve the appointment of Debbi Johnson and Chris Murphy as the citizen representatives to the Special Events Task Force. All in favor. Possible approval of Summer Tuesdays Special Event City Clerk Ward noted the Parks Commission would consider this request June 22 and the Parking Commission on June 18. It was noted that the Chamber should submit the application sooner to go through the commissions prior to Council approval. Motion by Councilmember Polehna, seconded by Councilmember Gag to approve of the special event application for Summer Tuesdays as presented. All in favor. Possible appointments to Traffic Safety Committee City Clerk Ward stated with the change allowing for the appointment of five residents to the traffic safety committee, she had prepared a resolution appointing the five applicants with staggered terms determined by lot. Councilmember Polehna pointed out a possible typo in the spelling of one of the applicant's names; Ms. Ward said she would check on that. Page 10 of 12 City Council Meeting June 16, 2009 Motion by Councilmember Roush, seconded by Councilmember Gag to adopt Resolution 2009-97, appointments to Traffic Safety Review Committee, which included Mark Gieseke, Brian Larson, James Martin, Jarod Prom and Emily Malony. Ayes: Councilmembers Cook, Gag, Polehna and Mayor Harycki Nays: None Possible appointment to Library Board (Resolution - Roll Call) City Clerk Ward read the memo from the Library Board recommending appointment of Tom Corbett to the Library Board of Trustees. It was noted Mr. Corbett is currently a member of the Charter Commission and would resign from that position if appointed to the Library Board. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2009-98, appointing Tom Colbert to the Library Board. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Discussion on benchmarks Mayor Harycki suggested asking City staff to develop some benchmarks for consideration, referring to the presentation made by the ad hoc budget committee at the previous Council meeting. Councilmember Polehna questioned doing that until the state budgetary picture is clearer. Councilmember Gag said he thought it would be healthy for department heads to have benchmarks within their responsibility. City Administrator Hansen said he would have no issue with doing that. Discussion of Stillwater Barqe Terminal property Mayor Harycki stated he had received calls from folks interested in leasing/using the property. City Attorney Magnuson suggested utilizing the RFP process which would allow the Council to determine which the best proposal for the City's interests is. City Administrator Hansen encouraged Councilmembers to visit the property and go inside the boat to get a better understanding of the conditions. There was discussion of whether to include a minimum rent in the RFP. Councilmember Roush suggested requiring a minimum monthly rent of $1 ,500, which was what the City had offered to Max Todo, along with the maintenance of the boat/property. Councilmember Cook asked staff to provide some financial information to help evaluate proposals. It was consensus to have staff prepare and publish an RFP, with staff to determine the monthly minimum after reviewing information from local marinas. Motion by Councilmember Polehna, seconded by Councilmember Roush to have staff prepare and published the RFP as discussed. All in favor Page 11 of 12 City Council Meeting June 16, 2009 COMMUNICA TIONS/REQUESTS Councilmember Roush said he had a request to extend best wishes for a speedy recovery to a local diver, Maggie Kieffer, who had suffered severe head injuries in a recent diving accident at the University of Minnesota. COUNCIL REQUEST ITEMS Mayor Harycki asked staff to check into a safety grant to help fund a proposed underpass on Myrtle Street by Eagle Ridge. ADJOURNMENT to Executive Session for Employment Review Motion by Councilmember Gag, seconded by Councilmember Polehna to adjourn to executive session for the annual employment review for the City Administrator at . in favor. A TIEST: ~ or c{(ptZ Diane F. Ward, City C erk Resolution 2009-88, directing payment of bills Resolution 2009-89, approval of Trunk Highway 95 Cooperative Construction Agreement with Mn/DOT Resolution 2009-90, approval of Qwest Agreements for T1 lines to Washington County & Public Works Resolution 2009-91, authorizing application for the Recovery Act Edward Byrne Memorial Justice Assistance Grant (Jag) Program, for possible funding of downtown security cameras. Resolution 2009-92, resolution supporting the move of the United States Post Office Resolution 2009-93, ordering improvement, approving plans and specifications, and extending unit prices from the 2009 Street Improvement Project for the 2009 Mill and Overlay Project (Project 2009-08) Resolution 2009-94, approving amendment to contract with Don Empson Resolution 2009-95, resolution amending Resolution 2008-36 and Resolution No. 92- 249 establishing Downtown Parking Commission and Bylaws Resolution 2009-96, resolution receiving report and calling hearing on 2009 Sidewalk Rehabilitation Project (Project 2009-05) Resolution 2009-97, appointments to Traffic Safety Review Committee Resolution 2009-98, appointing Tom Colbert to the Library Board Ordinance No. 1009, an ordinance amending Article 21-13 of the City Code by adding ~21-13, Subd. 6 which relates to ordinance adoption procedures Page 12 of 12