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HomeMy WebLinkAbout2009-07-21 CC MINREGULAR MEETING Mayor Harycki called the meeting to order at 7:05 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Planner Pogge City Clerk Ward PLEDGE OF ALLEGIANCE Prior to the Pledge, Mayor Harycki asked that a moment of silence be observed in honor of the three soldiers from the Red Bull Division who were killed in Iraq. Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES THE IIITHPLHCE Of MINNESOTA CITY COUNCIL MEETING July 21, 2009 Motion by Councilmember Roush, seconded by Councilmember Gag to approve the July 7, 2009, regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS COMMENDATIONS Discussion on Marathon /Possible approval of 2010 Marathon Dave Eckberg reviewed the results of this year's marathon; a compilation of comments was distributed. While some minor tweaks need to be made, he stated the event went very well and has a great future. He asked for approval of the event for 2010 and perhaps 2011 in order to move forward under the same terms as 2009 based on the fact that competitor marathons are already advertising and securing participants for next year. Police Chief Gannaway and Fire Chief Glaser agreed that this year's marathon, the first -ever Stillwater marathon, went well. 7:00 P.M. City Council Meeting July 21, 2009 Councilmember Cook pointed out she has not seen the contract agreement for 2009. She said as a member of the special events task force, which was formed specifically to look at the larger events that take place in the City as to the events' overall benefit to the community, she believes it would be premature to approve next year's contract until the task force has developed a policy and process that is consistent to all applicants. She also stated she had been told that the Council would be presented with a more formal briefing regarding this year's marathon. Councilmember Gag, also a member of the special events task force, pointed out that group has only had one meeting to date and that he was unsure as to when that group might be able to look specifically at the marathon. Councilmember Roush said he agreed with Councilmember Cook that the Council should have a draft of the contract before approving any agreement. There was discussion of the number of participants. It was noted that the 2009 contract limited the number of participants to 5,750, while about 2,500 runners participated this year. Mr. Eckberg said he would not want to expand too rapidly in the second year and that he envisioned about 5,000 participants and leaving the contract maximum as in 2009. Chief Gannaway agreed with keeping the number at the original level as he would like to analyze the impact on traffic and traffic control. Councilmember Gag said he thought the original contract was well written and seemed to have been followed fairly well; and thought the marathon was a real positive event for Stillwater. Councilmember Roush asked about cleanup; Public Works Director Sanders stated there were no problems in that area. Mayor Harycki asked about the shuttle system; Mr. Eckberg stated the reviews of the system were very positive. Councilmember Polehna said he had received a request from the manager of the Oasis that Mr. Eckberg stop in and talk with him about the event. Mr. Eckberg said that next year, they intend to pull the starting point up a bit to alleviate any issues with the Oasis being shut down for a short period of time and also eliminate the need for a switchback at another location in the route. Mayor Harycki asked about the economic impact study; Mr. Eckberg stated the Chamber is working on that analysis. Councilmember Cook said she was looking for more formal data, such as the economic impact report, as well as a copy of the contract, before acting on the request. There was discussion as to when this might be put back on the agenda for action, with August 18, 2009, as the likely date. Motion by Councilmember Gag, seconded by Councilmember Roush to table this request. All in favor. Financial Statement Presentation Tom Koop, Larsen Allen Tom Koop and Brady Hoffman, of Larson Allen, reviewed the results of the annual audit process and results. It was noted there were no internal control deficiencies found, no corrections made to the books, and an unqualified (clean) opinion given on the financial statements. The presentation highlighted revenues and expenditures in the various funds. There was discussion of the impact of the loss of state aid in 2008 on the general fund balance. The presentation also highlighted trends in tax capacity; a breakdown of outstanding debt and legal debt margin. There was discussion about mill rates and the utilization of TIF districts. Page 2 of 11 City Council Meeting July 21, 2009 Human Rights Award Presentation Mayor Harycki read a proclamation and presented the annual Human Rights Award to Mary Leadem Ticiu in recognition of her efforts at motivating and helping the most challenging students, of all different ethnic backgrounds, stay in school and remain interested in learning. Ms. Ticiu expressed her appreciation for the award. Proclamation: Night to Unite (August 4, 2009) Mayor Harycki read a proclamation designating Aug. 4, 2009, as Night to Unite Day in the City of Stillwater. OPEN FORUM No public comments STAFF REPORTS Police Chief Gannaway said preparations for Lumberjack Days were complete. He said the National Guard will be assisting with traffic control. He informed the Council the department has entered into a mutual aid agreement, Internet Crimes Against Children (ICAC) task force; one of the department's investigators will be assigned to the task force through a mutual aid agreement and that there is no cost involved; it is more a sharing of resources and intelligence. Chief Gannaway said the department has received a hazard mitigation grant from Washington County to participate in the County's development of an updated hazard mitigation plan and that a statement of interest is requested. City Clerk Ward read the statement of interest. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2009 -113, statement of interest in All- Hazard Mitigation Planning. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Councilmember Cook asked about plans for the National Night Out (Night to Unite). Chief Gannaway said the Command Post will be in Lowell Park distributing information and treats. Also, he said that residents can register for a block party, and the department will provide supporting materials and an officer to make an appearance. Fire Chief Glaser reported on a house fire in the Liberty development and a garage fire on Maple Street. He said the department has been dealing with a hazardous material spill in the downtown area. He said a business had a fuel oil leakage that got into the storm drains and is now leaking into the River; the MPCA and Bay West have been notified and cleanup efforts are underway. Chief Glaser also noted that there have been several grass fires in the townships. He said the department also is preparing for Page 3 of 11 City Council Meeting July 21, 2009 Lumberjack Days, with additional personnel to be on hand during the weekend. He noted that one of the department's vehicles is currently out of service due to a pump issue and is likely to be out of service for two to three weeks. He stated the fire station grant was completed and submitted on July 10 and the DEED grant is nearly complete. He also reported that background checks are being completed on four people the department is hoping to hire as on -call firefighters. Community Development Community Development Director Turnblad provided the annual residential building permit report for the orderly annexation area. He provided information regarding graffiti removal; he stated John Vaughan, a local resident who has a lot of experience with community development corporations and graffiti removal, has volunteered to put together several volunteer cleanup days. He said a graffiti informational brochure has been prepared for distribution to local businesses. In addition to the informational brochure, it is proposed that the City provide businesses with the chemicals necessary to remove future graffiti incidents. Motion by Councilmember Roush, seconded by Councilmember Cook to approve the purchase of the requested graffiti removal materials. All in favor. On a question by Mayor Harycki, Mr. Turnblad noted that the Youth Service Bureau will be utilized in the volunteer cleanup events. It was noted that the City's web site includes a graffiti reporting form. Mr. Turnblad stated PD Pappy's has requested to be allowed to keep their dumpsters at the current location until the levee project is under way; Mr. Turnblad suggested that a lease be utilized to be consistent with what has been required of other businesses. Councilmember Polehna suggested PD Pappy's be required to construct some type of temporary enclosure for the dumpsters. In discussion, it was noted that there likely is no location for a permanent enclosure other than on City property. Motion by Councilmember Polehna, seconded by Councilmember Gag to allow construction of a temporary wooden structure to screen the dumpsters at the current location for the remainder of this year and address the dumpster issue at the north end of downtown next year. In discussion, Mr. Turnblad asked whether the temporary structure can remain past next year in the event that the levee project doesn't begin as anticipated. Councilmember Polehna agreed to amend his motion to indicate that the temporary structure be allowed until next spring with the issue to be revisited at that time; Councilmember Gag agreed to the amended motion as the seconder. All in favor. Public Works Public Works Director Sanders reported that the 2009 street project is progressing, with a closure of Myrtle Street and detour to Pine Street scheduled for the following week. Seal coating is scheduled to begin July 31, with notices to residents mailed the week prior. Page 4 of 11 City Council Meeting July 21, 2009 City Attorney City Attorney Magnuson referred to his memorandum regarding the license agreement with PD Pappy's for the patio. He provided maps of the area in question and reviewed the lease /licenses that originated when the railroad owned the properties. Specifically, he reviewed the license with the Yacht Club; now PD Pappy's, noting that a license preserves the City ownership and use of the property should it be needed for construction of the Lowell Park improvements in the future. Also, he stated he has reviewed the statutes and contacted Minnesota Liquor Control and there is no prohibition from serving alcohol on the property in question. Finance Finance Director Harrison told the Council that state statutes require that the City publish a financial summary report, which will be done in the Gazette and if anyone wishes a full financial statement, copies are available at City Hall. City Administrator City Administrator Hansen told the Council he had the first meeting with one of the City unions and relayed the Council's position, that of a 0% increase for the next contracts. He said he thought the meeting went well, with the union understanding the City's position. Mr. Hansen asked about the annual picnic for boards and commissions, whether the Council wished to continue hosting the picnic given the economic conditions. He said the cost of the annual event is generally about $1,000. Councilmember Roush suggested serving burgers and brats, versus steak and chicken, to keep costs down, noting that he thought the City owned the commission members some recognition for their service. Councilmember Polehna noted that a lot of County commission members get paid and /or receive mileage, while City commission members are volunteers and work tirelessly on behalf of the City. It was consensus to continue with the annual event, serving burgers and brats as suggested by Councilmember Roush. CONSENT AGENDA 1. Resolution 2009 -111, directing payment of bills 2. Resolution 2009 -112, approval of Lift Station Improvements Upgrades, Project 2007 -08 Change Order No. 1 3. Possible approval to purchase several sets (5 -6) of firefighter turnout gear from 2009 Capital Outlay funds Mayor Harycki and Councilmember Cook asked several questions regarding specific bills, which were answered by staff. Motion by Councilmember Polehna, seconded by Councilmember Roush, moved approval of the Consent Agenda. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS Page 5 of 11 City Council Meeting Page 6 of 11 July 21, 2009 Case No. 09 -14. This is the date and time for a public hearing to consider an appeal of the Plannin• Commission's decision to as 'rove a special use •ermit to re lace a 60 -foot tall li• ht pole with a new 100 -foot tall multipurpose cell tower located at 1900 Myrtle Street West. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 26, 2009. (Tabled from 7/7/09 meeting) Planner Pogge reviewed the previous action relating to the Planning Commission's approval of the new tower to be located at the Jaycee Field, 1900 Myrtle St. He noted that one of the conditions of approval was that all antennas be internally mounted in the 100 -foot tower. He pointed out that KLBB's AM station tower is located south of the proposed site, and City code requires review of towers within 2 miles to see if existing towers could support the antennas requested. He stated the KLBB tower is 50 years old and consulting engineers do not believe the existing tower would support the additional antennas being requested; the City's consulting engineer stated the KLBB tower could be replaced but that would present some technical and aesthetic concerns, as well as some safety concerns because it is considered a "hot" tower. Mr. Pogge noted that City code requirements for a special use permit for a cell tower in a residential district has 8 conditions for approval, and the request for the new cell tower meets all eight conditions. Councilmember Roush suggested that some of the conditions of approval are subjective, such as the condition that it be visually unobtrusive; Councilmember Roush also questioned the need for the tower in the proposed location and the potential impact on a proposed new fire station in that area. Mr. Pogge spoke to some of the ways to lessen the visual impact, such as internally mounted antennas and painting of the tower, as well as the coverage area need. Mr. Pogge also addressed the comment regarding impact on a fire station, noting the consulting engineer's report indicates the new tower would not be an issue for public safety communication. Mayor Harycki opened the public hearing. Steve Carlson, T- Mobile, addressed the issue of public safety communication impact, noting they have co- located with public safety on several towers, including Lily Lake and Hugo. He noted that their request was modified to have internally mounted antennas, and he spoke to the need for the tower to serve residential customers. On a question by Councilmember Roush, Mr. Carlson stated power output is regulated by the FCC which results in towers being low powered and neighborhood- specific sites. On a question by Councilmember Cook, Mr. Carlson addressed the reasons why it is not recommended that the KLBB tower be removed and replaced with another tower to serve this need. On a question by Councilmember Cook regarding an alternative site in a more commercial /industrial area, Mr. Carlson provided coverage maps and again spoke to the fact that sites are neighborhood specific, with no commercial /industrial areas in close proximity. Councilmember Roush asked about the distance of coverage area. Councilmember Cook expressed a concern about continuing proliferation of additional requests for cell towers; Mr. Carlson spoke of the carriers' use of different frequencies and thus the different needs for infrastructure. Councilmember Roush asked whether co- location would be possible on a 75' high tower; Mr. Carlson said he did not think that would be feasible. Councilmember Roush referred to Mr. Smith's appeal; Mr. Carlson said one of Mr. Smith's comments relates to possible RF interference, noting that according to law, if there is interference, T- Mobile City Council Meeting July 21, 2009 and AT &T would have to remedy any problem. Regarding Mr. Smith's comments about not investigating co- location at the KLBB site, Mr. Carlson responded they did not pursue those negotiations as co- location as that site does not appear to be a viable alternative for the previously discussed reasons. Ken Nielsen, AT &T, spoke briefly in support of the request. Councilmember Cook asked about the possibility of adding another user to the proposed new tower; Mr. Carlson said potentially there is room for a third carrier. Mr. Nielsen said AT &T will need the bottom two canisters on the new tower, so if a third carrier were to utilize the site, it would likely have to be located on a different pole. No other comments were received, and the hearing was closed. Councilmember Gag, who serves on the Planning Commission, noted that the consultant from Owl Engineering was very helpful with technical questions and noted many of these same questions were asked at the Planning Commission. The Planning Commission did not find any substantial reasons of fact or findings for denial. Councilmember Gag stated that he felt, through the Planning Commission and staffs' efforts, a lot of due diligence went into the approval process. Garrett Lysiak, Owl Engineering, stated he had reviewed this application regarding coverage need, public safety issues, as well as the potential co- location with KLBB. He stated the KLBB tower cannot structurally handle the phone carriers; it could be replaced but would have to be much larger and wider and would still present safety and aesthetic issues. Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the Special Use Permit for the proposed 100 -foot multi purpose cell tower with the eight conditions of approval. Ayes: Councilmembers Gag, Polehna and Mayor Harycki Nays: Councilmembers Cook and Roush UNFINISHED BUSINESS Joyce Melton Used Car Property Request Community Development Director Turnblad reviewed the request and the findings subsequent to the last meeting. He stated the findings indicate that car sales use is a legal non conforming use, which would allow the Melton property to be used for a car sales business even though the special use permit has expired. He said it is recommended that the requested zoning ordinance amendment be denied with the finding that a car sales business on the Melton property is a legal non conforming use, if that use comes back within a year. Page 7 of 11 City Council Meeting July 21, 2009 City Attorney Magnuson pointed out that when the ordinance amendment was changed to eliminate car sales use as a permitted special use in that zoning district, it was a text amendment and notice was not sent to the property owner, essentially rezoning the property without notification. City Attorney Magnuson said the fairness of this avenue is that now the Meltons know about the change and have one year to utilize the legal, non conforming status and that state law provides that if a non conforming use is abandoned for a year, the property loses its status. It was noted this finding applies just to this owner. Motion by Councilmember Roush, seconded by Councilmember Cook to adopt Resolution 2009 -114, approval of resolution adopting findings of facts, conclusion and order related to the application of Joyce Melton for property located at 1200 Highway 36 (Case No. 09 -18) and deny the ordinance amendment. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of barge terminal property contract City Administrator Hansen stated a potential agreement for joint use of the property fell through and the only agreement he has is with St. Croix Boat Packet. The contract provides for a monthly rent of $1100 per month and an agreement to keep the Cayuga afloat. He stated MnDOT has indicated it wants to do some test footings for the new river crossing this fall and would like to utilize the barge terminal property and that St. Croix Boat Packet would agree to that usage. Councilmember Roush asked if the rent was seasonal; Mr. Hansen said the rent is to be paid monthly for two years according to the agreement. In discussion, Mr. Hansen said it is likely St. Croix Boat Packet will use the area to work on its other boats. Councilmember Cook asked if the DNR limits the number of craft that can be moored there. City Attorney Magnuson said the contract requires the tenant to obtain and maintain the necessary permits. Councilmember Cook stated that she thought the contract was too broad and too vague to the use. Motion by Mayor Harycki, seconded by Councilmember Roush to adopt Resolution 2009 -115, approval of lease agreement with St. Croix Boat Packet Company. Ayes: Councilmembers Gag, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook Parking Ramp Update Community Development Director Turnblad provided an update on the parking ramp costs, which indicate the total project is about $16,000 under budget. Members congratulated Mr. Turnblad and Mr. Hansen for their efforts on the project. Page 8 of 11 City Council Meeting July 21, 2009 NEW BUSINESS Administrative Fines Information Chief Gannaway said the City would be adopting state law providing for the issuance of administrative citations for certain traffic offenses. He said the City would continue to do administration citations for the quality of life problems such as alcohol in public, sandwich board violations, etc. On a question by Mayor Harycki, Chief Gannaway explained that the state law was changed, effective August 1, to limit the number of traffic offenses that the City can write administrative citations for under Chapter 169 of the Traffic Code, lowered the fine to $60, with the state taking 20% of that amount. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2009 -116, a resolution authorizing administrative citations for certain traffic offenses pursuant to Minnesota Statute 169.99. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible accepting of plans specifications for annual sidewalk project authorize advertisement for bids Public Works Director Sanders stated as the result of the public hearing, staff talked with the resident who had expressed concern her sidewalk problem was due to a City water leakage and staff believes the repair of the water main had no effect on the settlement of the sidewalk and the property should be included in the project. Mayor Harycki questioned the listed date for bid opening. Mr. Sanders stated quotes would be solicited from contractors and that the three weeks for bids is required only for projects over $100,000. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2009 -117, approve plans specifications and ordering advertisement for bids for 2009 Sidewalk Rehabilitation Project (Project 2009 -05). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval to direct staff to prepare the feasibility report for the Washington Avenue Mill and Overlay Project Public Works Director Sanders stated the City had received some stimulus funding, $280,000, for this project; the usual 20% City match will not be required for the project if the cost comes in at $250,000. He noted that according to the City's assessment policy, mill and overlay projects are considered an improvement project and assessed 100% against the benefiting properties. City Attorney Magnuson noted the assessment Page 9 of 11 City Council Meeting July 21, 2009 policy was adopted to provide some fairness rather than having some "free" streets, MSA designated streets, for example. City Administrator Hansen pointed out the Council was not being asked to make a decision about the assessments at this time, but to order the feasibility report which will preserve the option to assess the cost. Motion by Councilmember Roush, seconded by Councilmember Gag to adopt Resolution 2009 -118, resolution ordering preparation of feasibility report for Washington Avenue Mill and Overlay Project. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of a contract for parking ramp revenue control equipment Community Development Director Turnblad stated two companies had submitted proposals for the equipment for the parking ramp and some replacement equipment for the two pay lots downtown. The Parking Commission heard presentations from both companies and recommends that the contract is awarded to Amano McGann. Cost for the parking ramp equipment, installation and training is $88,995, which would be paid from the parking revenue fund. Chief Gannaway said the desire is to update the two existing pay Tots with the same equipment; cost for the two existing lots could be about $28,000. Councilmember Roush asked about the impact of not replacing the machines in the pay lots; Chief Gannaway stated the equipment has been slated for replacement for some time. Councilmember Roush said he would like more information regarding how much money is actually generated by the machines. Chief Gannaway referred to the auditor's report regarding how much revenue is generated, noting there is about $500,000 in the parking enterprise fund at this time. Mayor Harycki asked about the revenue projections for the parking ramp; Mr. Turnblad stated projections indicate hourly parking use revenues will pay off the cost of the parking ramp equipment within the equipment's useful life. Chief Gannaway reviewed the equipment options reviewed by the Parking Commission. City Administrator Hansen pointed out the parking rates have to be set so revenues not only cover the cost of the machines but also contribute to a maintenance fund. Councilmember Gag suggested it would be helpful for the Council to review all the information the Parking Commission had in making its decision. Motion by Councilmember Roush, seconded by Councilmember Cook to table this item pending additional information. All in favor. Councilmember Roush asked if boat trailers are discouraged from utilizing the parking Tots; it was noted that boat trailers are not legal in the downtown area. City Attorney Magnuson referred to past problems with many boat trailers parking in the downtown taking up many spots, which prompted adoption of the ordinance restricting trailers. Page 10 of 11 City Council Meeting ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Cook to adjourn at 10:33 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk July 21, 2009 Resolution 2009 -111, directing payment of bills Resolution 2009 -112, approval of Lift Station Improvements Upgrades, Project 2007- 08 Change Order No. 1 Resolution 2009 -113, statement of interest in All- Hazard Mitigation Planning. Resolution 2009 -114, approval of resolution adopting findings of facts, conclusion and order related to the application of Joyce Melton for property located at 1200 Highway 36 (Case No. 09 -18) Resolution 2009 -115, approval of lease agreement with St. Croix Boat Packet Company Resolution 2009 -116, a resolution authorizing administrative citations for certain traffic offenses pursuant to Minnesota Statute 169.99 Resolution 2009 -117, approve plans specifications and ordering advertisement for bids for 2009 Sidewalk Rehabilitation Project (Project 2009 -05) Resolution 2009 -118, resolution ordering preparation of feasibility report for Washington Avenue Mill and Overlay Project Page 11 of 11