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HomeMy WebLinkAbout2009-07-28 CC MINStaff present: City Administrator Hansen Finance Director Harrison OTHER BUSINESS Budget Workshop 4:30 Recreation Center ilhva!e Tiff IIITHPLA CI Of YINNE11f1 CITY OF STILLWATER CITY COUNCIL MEETING Tuesday, July 28, 2009 REGULAR MEETING Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki 4:30 P.M. City Administrator Hansen explained that minor adjustments were made to salaries, not because any raises are planned, but because a increase went into effect July 1, as well as some step increases that are contractually bound. Also, he noted that PERA went from 6.75 to 7 Regarding capital purchases, he stated there is no plan to sell a capital equipment bond in 2010, so the only capital purchases he has approved have been in instances where the department has carry-over funds available from prior years. Mayor Harycki asked about travel; City Administrator Hansen said there is some travel /education that is required for people to retain licenses that is included in the budget; otherwise such expenses have been eliminated. Regarding health insurance, Mr. Hansen said he has not heard from the City's insurance consortium regarding health insurance, but the best information he has indicates a 10% increase is likely; that figure will be adjusted when firm information is received. Mr. Hansen also suggested that the Council hear from all departments before making any decisions. Mr. Hansen said he anticipates the Governor will be making additional unallotment at the end of the year and said he will be preparing a plan to deal with that likelihood, a plan that may include mandatory furloughs and additional personnel cuts. Doug Brady, Recreation Center Manager, said his proposed budget is much the same as 2009. He said a couple of numbers that were incorrect or not shown previously have been adjusted. Ms. Harrison said $274,000, the amount of revenue over expenditures, will be transferred out for debt service; it was noted that is about one -half of the debt service for the Recreation Center. Mayor Harycki asked Mr. Brady if he anticipates any loss of revenue due to less ice time rental. Mr. Brady stated so far rentals have been stable, but said fall registrations may be a different situation; he stated he thinks they City Council Meeting July 28, 2009 will be right on with projections. Councilmember Polehna pointed out an increase in fees has been proposed and discussed by the Parks Commission and suggested that the increase ought to be implemented sooner rather than later. Mr. Brady said the projected revenues do not reflect any increase, any fee increase. There was discussion of the likelihood of repairs being needed at Lily Lake Arena and how those would be funded. Mr. Hansen said the goal had been to put several hundred thousand aside this year for future repairs, but that is just not possible at this time. There was discussion about energy costs. Mr. Hansen said there had been thought given to doing some additional insulation of the dome using stimulus money, but, as Mr. Brady explained, the stimulus money for cities the size of Stillwater has not been released at this time. Councilmember Roush asked if an earlier issue related to figure skaters' ice time had been resolved; Mr. Hansen said discussions are continuing. Councilmember Cook asked about the possibility of charging non residents a different fee; Mr. Brady noted that several surrounding communities participated in the original construction of the Recreation Center so it would be difficult to charge a higher rate to non residents. Councilmember Cook asked if there are other opportunities to increase revenues; Mr. Brady stated he does advertising to promote usage, and if renters are available, he will have the facility opened 24 hours a day. Mr. Hansen said he is looking at the possibility of having a third party run the concessions so the City would have not to pay employees, yet still receive revenue, and said staff is continually looking at ways to increase revenues. 5:00 Engineering /Streets /Parks /Sanitary Sewer /Storm Sewer /Signs Lighting Public Works Director Sanders stated the Engineering budget has not changed. He noted there is an $800 fee for inspection of a culvert on Neal Avenue, which is technically considered a bridge and must be inspected every two years according to MnDOT regulations. It was noted during discussion that these figures are gross numbers as engineering fees charged to projects come back to the general fund as revenue. Mr. Sanders noted there was a $21,000 reduction in the streets budget in 2009 and some savings was achieved by doing crosswalk stripping in house. He said no major changes are planned other than crosswalk stripping and a $5,000 reduction in seal coating. He said there are no capital outlay requests for bonding, but there are several requested capital items, including an asphalt roller trailer that was in this year's budget but not purchased yet and replacement of a 23- year -old grader with a multi purpose hook truck. Mr. Sanders stated there is no increase in the proposed Parks budget other than moving some funds around to address specific needs, such as chemicals, seed and top soils. Mr. Hansen pointed out that the cost of chemicals is up, while contract costs are way down, as staff is doing the weed control, turf maintenance, etc. Mayor Harycki asked about the agreement for Teddy Bear Park, whether the City is obligated to pay for programming; Mr. Hansen stated the agreement calls for the City to Page 2 of 15 City Council Meeting July 28, 2009 maintain the facility only or it reverts back to the owner. Mr. Hansen stated the owner has agreed to pay for programming for an additional year, on a year -to -year basis. Mr. Hansen said he also decided that with the Emerald Ash Bore threat, it would be wise to keep the agreement with the Kathy Widin, forester. Mayor Harycki asked about rental of the Teddy Bear Park building; Assistant Public Works Superintendent Moore stated there have been 60 rentals. Mr. Hansen said staff has been attempting to increase rentals of the facility and the efforts seem to be working well. Mayor Harycki asked about the possibility of renting the second floor of the public works building for outside uses; it was noted the space is unfinished and would require work on the HVAC system. There was discussion about the possibility of getting additional Sentence to Serve assistance. Mr. Sanders said any parks' capital improvements will be paid for by carryover funds. Mr. Sanders noted the Sanitary Sewer Fund is a revenue fund, with no increase in the budget. He noted a good portion of the budget goes to pay Met Council fees for metro waste charges. He said there are no capital outlay expenditures for bonding; there is some capital outlay expense for lift station repairs. There was discussion of some planned improvements to the Nelson Street lift station. City Administrator Hansen stated there are three items that if not done will result in a surcharge from the Met Council; by doing the work, the City can eliminate the surcharge, which amounts to about $80,000 a year. City Administrator Hansen noted that the Met Council has increased its rates, but the City has not increased its rates for a number of years; he suggested that in the near future, the City may be forced to increase its rates. Mr. Sanders stated the Storm Sewer fund is another revenue fund, and the City just tries to match revenues with expenses. He noted that several years ago, the fund was split into two categories storm sewer and water quality. He informed the Council that all street sweeping went into the water quality fund. There was discussion of some planned pond improvements. There was discussion of staff allocation; Mr. Sanders stated the staffing allocation has not increased. Councilmember Polehna asked about memberships and dues; Mr. Sanders stated the membership /dues in question (surface water management) were related to the Middle St. Croix WMO fees. Mr. Sanders stated there is no capital outlay planned for storm sewers. The Sign Lighting is another revenue fund, Mr. Sanders stated, with the goal to match revenues and expenses. A good portion of the expenses goes to pay for electricity. He said there was a request to replace the sign maker for the sign shop, but that will be delayed. It was noted the next budget meeting is scheduled for 4:30 p.m. August. 11. The meeting was recessed at 5:40 p.m. Page 3 of 15 City Council Meeting July 28, 2009 RECESSED MEETING Mayor Harycki called the recessed meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Planner Pogge Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. He acknowledged the death of a young Stillwater girl struck by lightning and asked people to keep her family in their thoughts, along with the families of the three National Guard members who were killed recently in Iraq. APPROVAL OF MINUTES Minutes for July 21, 2009, will be presented at the August 18, 2009, meeting for approval. PETITIONS, INDIVIDUALS, DELEGATIONS COMMENDATIONS Community Thread (formerly Community Volunteer Services 7:00 P.M. Kristian Wesloh, development director of Community Thread, spoke to the change in the name of the agency from Community Volunteer Services to Community Thread. She said the new name better reflects the agency's role in the community but the mission, vision and programs remain the same. She noted the City has been a long- time supporter of the agency, for which the agency is grateful. She talked of the mission to promote volunteerism in the community, connecting people and enriching lives; she also briefly spoke of the six primary programs of the agency. She referred to the annual report which highlights the number of people served in 2008, noting that 92 cents of every dollar contributed to the organization supports direct services. She noted that Stillwater's financial support has always been a critical factor in supporting the organization's mission in the community. She acknowledged the difficult financial times facing the City and offered Community Thread's partnership and resources for residents, noting that Community Thread services and programs contribute to the safety and wellness of residents throughout the community. City Council Meeting July 28, 2009 OPEN FORUM No Public Comments STAFF REPORTS Police Police Chief Gannaway reviewed Lumberjack Days activities, noting that the department received 166 total calls for services, with about 40 people arrested and 18 transported to jail. He acknowledged the assistance of the National Guard in traffic control. Councilmember Roush referred to a concern about water and other items being thrown at parade participants, which could create safety issues. Chief Gannaway said this is a fairly standard activity during the parade and that next year police would patrol the route a bit more and try to curb the activity. Councilmember Cook asked if an itemization of costs would be provided; Chief Gannaway responded in the affirmative, but noted that information is not available until other agencies have provided their cost information. Fire Chief Glaser also highlighted Lumberjack Days activities. He said the level of service was pretty typical of previous years, with the department receiving 41 total calls for services. He said staff spent 32 and one -half hours in code enforcement relating to Lumberjack Days, with total staff hours amounting to 385 hours preparing for and responding to the event. Community Development Planner Pogge told the Council the flag pole plaque for Lowell Park has been completed and installed. He noted the portable toilet enclosure has been installed at the Water Street location, and staff currently is working with utility companies on the relocation of some utilities to accommodate the trash enclosure on Water Street south of Chestnut Street. He said it is hoped the trash enclosure can be completed sometime this fall. Mayor Harycki asked about the landscaping for the Manning Avenue project; it was noted the landscaping is to be installed in September. Mayor Harycki also pointed out there are a number of bulbs missing at the Veterans' Memorial; City Administrator Hansen said he would talk with the Veterans' Memorial Committee chairman about that issue. Public Works Public Works Director Sanders stated work has started on the McKusick Lake loop trail. He said all the trees are transplanted; the next phase will be construction of the retaining wall, with construction of the trail to begin after the wall is completed. On a question by Mayor Harycki, Mr. Sanders said a 1' drop in the elevation requested by one homeowner can be accommodated. Mr. Sanders stated Myrtle Street is closed for work on water service replacement, catch basin replacements, as well as mill and overlay; weather permitting, the work should be completed by the week following the Council meeting. Mayor Harycki asked staff to install signage for the new canoe launch on McKusick. Page 5 of 15 City Council Meeting July 28, 2009 City Administrator Hansen stated work on the budget is expected to be completed by the end of August. CONSENT AGENDA* Motion by Councilmember Polehna, seconded by Councilmember Gag, to approve the Consent Agenda. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None 1. Resolution 2009 -119, directing payment of bills 2. Possible approval of permit to sell liquor Brian Nelson Lily Lake Park Bean Bag Tournament PUBLIC HEARINGS Case No. 09 -26. This is the date and time for a public hearing to consider a request from U.S. Home Corporation for approval of the final plat of Millbrook 3' Addition; two 8 unit townhome buildings. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 26, 2009. (Tabled July 7, 2009) Planner Pogge noted that all the improvements to support this addition were completed with the Millbrook 2 addition. He said the Planning Commission did review this request and recommended approval of the final plat. The Joint Board reviewed the application and recommended that the stock pile of dirt located in the western portion of the large park be relocated by May 31 of 2010, with turf re- established soon after. Mayor Harycki reviewed the Joint Board's position and the desire to get the parkland into active use as soon as possible and that he would like to see that attached as a condition of approval. Mr. Pogge pointed out that the City Park Commission considered the request and recommended that the stock pile be removed by March 31 to facilitate the establishment of the turf; Councilmember Polehna, a member of the Park Commission, noted that the Park Commission also recommended that the developer install the irrigation system and the City take over the establishment of the turf. Mr. Pogge stated staff has proposed to the developer, Lennar Corp., that they install the irrigation system and the City would accept the parkland at that time. Mr. Pogge suggested that the Council consider adopting the final plat and address the issues regarding the park in the final development agreement. Mayor Harycki opened the public hearing; no comments were received, and the hearing was closed. Motion by Councilmember Polehna moved to approve the final plat, with the condition that the park be graded and weeded in preparation for seeding. Mr. Pogge said typically conditions are not attached to final plat approval as it can create problems with title; conditions are dealt with in the development agreement. Page 6 of 15 City Council Meeting July 28, 2009 Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2009 -120, a resolution approving the final plat for Millbrook 3 Addition (Case No. 2009 -26). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Case No. 09 -21. This is the date and time for a public hearing to consider a request from Joe Jablonski, U.S. Home Corporation, for an amendment to the residential planned unit development for house plans and siteplan revisions located in the Millbrook Subdivision. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 26, 2009. (Tabled July 7, 2009) Planner Pogge reviewed the request for the addition of five new house plans, with two to four elevations each, to the current mix of eight housing plans, as well as a lot layout change that increases the size of the lots in the remaining CR (Cottage Residential) lots and decreases some of the TR (Traditional Residential) Tots. He stated overall, the changes in lot size would result in the loss of four CR lots and increase of two TR lots. He stated the Planning Commission recommended that the TR lots remain unchanged and that the new house plans not be permitted in the TR area; and that the Joint Board concurred with the Planning Commission. Mayor Harycki opened the public hearing. No comments were heard and the hearing was closed. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009 -121, a resolution approving a Planned Unit Development Amendment for Millbrook. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Case No. 09 -24. Consider a request from Scott Junker for a subdivision and variance request to subdivide an existing lot of 15,000 square feet into two lots of 7,500 square feet. The property is located at 1001 4 St North. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 17, 2009 Mr. Pogge reviewed the request. He stated due to the slopes of the property, the request does not meet minimum lot size requirements. He stated staff, as well as the Planning Commission, recommend denial. It was noted that should the Council decide to deny the request, it should be a straw vote pending preparation of findings of fact. Mayor Harycki opened the public hearing. Pat Lockyear, 1016 N. Third St., endorsed the Planning Commission and staffs recommendation for denial, noting the subdivision would not result in a buildable lot and would result in the City creating a non conforming lot, which could cause problems in the future. She later noted that the granting of a variance requires a demonstration of Page 7 of 15 City Council Meeting July 28, 2009 undue hardship, which the applicant has not shown. She also noted the slope in question is a highly erodible slope. Pat Sullivan, 921 N. Fourth St., spoke of existing problems with the property and that he thought approval would result in additional problems in speaking for denial of the request. He later referred to City ordinance regarding removal of trees, vegetation in ravines, bluffs or slopes and provided photos of dumping items in the ravine. Scott Junker, applicant, said the re- subdivision request has the proper square footage. Mr. Junker suggested that part of the City's character is the fact that it is built into a hill; he spoke of other properties that were granted variances from slope restrictions. He said he is not requesting a building permit, he just wants to subdivide the 15,000 square feet. No other comments were received, and the hearing was closed. Councilmember Gag spoke of the Planning Commission's recommendation, which was made on two basic premises the request doesn't meet zoning code in regard to slope restrictions and the request would result in the creation of a non conforming lot. Motion by Councilmember Roush, seconded by Councilmember Cook to deny the application. City Attorney Magnuson recommended taking a straw vote and directing staff to prepare findings consist with that action for consideration at the next meeting. Councilmember Roush amended his motion as recommended by City Attorney Magnuson; Councilmember Cook seconded the amended motion. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Case No. 09 -31. Consider a request from Tony Mutter and Colleen Eddy for a street vacation request for a portion of Sherburne Street abutting Lots 19 and 20, Block 13, Sabins Addition to Stillwater. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 17, 2009. Planner Pogge reviewed the request. He spoke to three options to deal with the existing encroachments the vacation as requested, licensing the existing use or doing nothing. He pointed out that in general, state law requires that a street vacation have a public benefit and not be vacated for the sole benefit of the adjoining property owner(s). Mr. Pogge noted that granting a license does provide some reassurance that the structure will not have to be removed but does leave some cloud regarding the title. Doing nothing could affect the long -term marketability of the property. He stated it was the Planning Commission's recommendation to deny the requested vacation and pursue a licensing arrangement. Mr. Pogge reviewed the three criterias for a vacation, stating there are no utilities located in the right -of -way and the City foresees no need for the property for that need, but would recommend that a utility /drainage easement be retained except for under the garage and within three feet of the outside wall of the Page 8 of 15 City Council Meeting July 28, 2009 garage. He said it would be difficult for staff to find a public benefit for the requested vacation, but suggested that is a policy decision for the Council. Mayor Harycki opened the public hearing. Baiers Heeran, attorney representing the applicants, said the goal of the vacation is to benefit both the City and people using the trail and the applicants by creating a buffer and protecting them from the increased traffic using the trail, which will be in close proximity to their house. He noted the proposed agreement protects the City by providing an easement for any future utility /drainage needs. Colleen Eddy, applicant, 1104 Meadowlark Drive, said the request will support the property's value and tax revenue that helps support the City in these tough times, whereas a revocable license will bring in no added tax revenue and will erode the value of the property over time. She stated they have worked hard to benefit the community through their stewardship of Lake McKusick, the loon nesting project and other projects. Barry Stack, land surveyor, 9090 N. Fairy Falls Road, stated similar situations have occurred in the past and street vacations have been granted based on structure encroachments. He said in the past, the Council has taken the view that where the public's rights are protected, the vacation is in the interest of the City with the generation of tax revenues from the vacated property. On a question by Mayor Harycki, Mr. Stack stated a survey of the property was done in 1979 which clearly showed the location of the house. When the property was purchased, about a year later, a building permit was applied for and granted for a 24' garage addition, resulting in the encroachment. He suggested the Mutters are innocent victims of past actions. Mary Kress, 403 N. Sherburne St., the issue before the Council is about vacating City property; a street does not have to be vacated for a homeowner to use it, she said, and recommended denial. Ron Zaniewski, 1112 W. Linden St., spoke in favor of denial, noting this is City property; he spoke of the potential for setting a precedent in this case. Later, he questioned that the property was purchased not knowing the property lines. David Haak, 504 N. Owens St., spoke in favor of denial, noting Mr. Mutter had applied for a vacation in 2003, which was turned down 5 -0. He said Mr. Mutter was told at that time to have a survey done and apply for a license, noting that Mr. Mutter knew at that time that his garage was on Sherburne Street. He also pointed out there is a turnaround at another location on the Mutter property so they do not need the one on City property. Later, he said he would have no problem with the Mutters getting a license, but is definitely against the vacation of the street. Donna Mueller, 1321 Meadowlark Drive, spoke in favor of the Mutters' request. She said the Mutters need the land asked to be vacated to use their garage and back out of their driveway. She noted Mr. Mutter was not the homeowner who built the garage 30 years ago, and she noted, as Mr. Pogge, stated there is very little likelihood the City will Page 9 of 15 City Council Meeting July 28, 2009 ever need the property in the future. She said she thought the Mutters were great stewards for the community, and she thought vacating the property was the right thing for the City to do. Tom Voves, 518 N. Owens St., suggested the Council should consider this a unique situation and consider the requested vacation, saying he thought it would solve a lot of issues. Ken Kress, 403 N. Sherburne, stated Mr. Mutter has added onto his garage after he knew it was on City property. He said he was against giving City property up because someone claims they did not know the property they purchased wasn't their own property. Doug Marthaler, 510 Olive St., said as a citizen not involved with this case, he could see this as being a win -win situation and best for the City to move ahead with the vacation. Jon Mueller, 1321 Meadowlark Drive, said he felt the Mutters have been treated unfairly in this process, with the trail and now the vacation. He said he was present when the Parks Commission did its walk- through for the trail and when members of the Commission asked whose property certain trees were planted on; Mr. Pogge stated it was City property, with no explanation given regarding the whole history of the property. He suggested the trail disrupts the livelihood of the Mutters, but he didn't think anyone would support a trail coming through their property, that was never planned, when the property was purchased. He suggested there is a hidden agenda against the Mutters, noting that none of those people opposed to the vacation can see the property in question. He suggested there is a benefit to the vacation in providing a buffer between the homeowner and folks using the trail and an increase in the taxes on the property. John Donovan, 106 Wilkins St. W., said it appears in this case a license is an adequate remedy. He suggested that if the City believes it to be in the City's best interest to transfer a particular property, it should be appraised and sold. No other comments were received, and the hearing was closed. It was clarified the City cannot sell street right -of -way. Councilmember Gag asked about the terms of a license, whether a future owner of the Mutter property would have the same opportunity to apply for a license for the encroachment. City Attorney Magnuson responded that in previous license agreements, the agreement has been made revocable in the event of the City need for the property in the future, but is transferable to the property owner's heirs and assigns, subject to the possibility of revocation. On a question by Councilmember Cook, Mr. Pogge reviewed the requested easement area and the location of the trail. City Attorney Magnuson reminded the Council that the decision is the Council's to make and is a discretionary decision. Councilmember Roush asked about state statute that requires a public benefit for a street vacation; City Attorney Magnuson stated statute requires a petition by an abutting owner, while case law states there shall be no vacation unless it is in the public interest. On a request by Page 10 of 15 City Council Meeting July 28, 2009 Councilmember Cook, Mr. Magnuson spoke of the possible public benefit of clearing a title and having a property that is more marketable, returning the property to taxable status and providing some permanence /integrity to the dwelling site that will last forever. Councilmember Roush asked about the feasibility of asking the Mutters to request vacating only beneath the footprint of the structure (garage) as a compromise; Mr. Magnuson noted that as proposed, drainage and utility easements would be retained by the City, leaving only the property beneath the garage and within 3" of the structure actually vacated. It was noted that in the RB district there is a 5' setback requirement for garages, so 5' from the garage would be the minimum vacation. After discussion, Mr. Magnuson said staff could present information at the next meeting regarding a possible vacation 5' from the garage foundation. It was decided to reopen the public hearing. Dave Haak, 504 N. Owens, said in talking with the others who had testified against the vacation, they would have no objection to vacating 5' around the foundation of the building. Baiers Heeran, attorney for the Mutters, said without having had an opportunity to discuss the proposal further, the only other concern would be to adequately buffer the trail from their home. He said the 5' proposal would help vastly with getting the title to the property cleared up, but said he thought the buffering of the trail should also be addressed, perhaps through a license. It was decided to take a short recess (at 9:05 p.m.) so Mr. Heeran could discuss the proposal with the applicant. The meeting was reconvened at 9:12 p.m. Mr. Heeran said the proposal for vacation of 5' as extended from the foundation of the garage would be acceptable to the applicants. He stated there is an existing wood fence near that area and the applicant would suggest some type of license agreement to address that issue, with the agreement to address the existing wood fence and provide for some type of buffering, consistent with City standards or subject to City review, between the trail and the Mutters' home. Mr. Magnuson suggested that staff could prepare a resolution regarding the vacation and a license agreement for consideration at the next meeting. The public hearing was closed. Councilmember Polehna asked if there would be clear parameters established for what would and would not be allowed for a buffer; Mr. Pogge said he would work with the surveyor and have a revised certificate of survey for consideration along with a buffer plan for consideration. Motion by Councilmember Roush, seconded by Councilmember Polehna to direct staff to prepare a resolution for vacation and a municipal license to accommodate the fence. All in favor. Page 11 of 15 City Council Meeting July 28, 2009 Case No. 09 -30. Consider a request from Shannon Bambery, BWBR Architect, for a Special Use Permit for Lakeview Hospital to add roof top mechanical equipment and a supplemental electrical generator to the hospital located at 927 Churchill St W. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 17, 2009 Planner Pogge reviewed the request and location of the proposed additional equipment. He noted the new equipment will have minimal visual impact as viewed from Everett Street. He stated the Planning Commission reviewed and recommended approval of the special use permit, with two additional conditions beyond what was recommended by staff that the rooftop equipment be painted the same colors as the background brick colors and that the applicant present the Council with additional information regarding the noise level of the new rooftop equipment. A representative of BWBR was not present when this discussion opened. Motion by Councilmember Roush, seconded by Councilmember Gag, moved to table the request pending the additional information regarding noise levels. Curt Geisler, president of Lakeview Hospital, asked the Council to consider approving the permit subject to the information regarding noise level being presented to the Council; but that studies he has seen indicate the additional equipment will not increase the noise from the current levels. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Gag talked about the Planning Commission's recommendation and suggested perhaps the Council could amend the condition related to noise levels to indicate that the applicant must present to City staff findings that there will be no increased noise level from the proposed new rooftop equipment; if staff determines the noise level will be increased, then the request will have to come back before the City Council. Councilmember Roush rescinded his motion to table, as did Councilmember Gag. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2009 -122, resolution approving a Special Use Permit to add a supplemental electrical generator and new rooftop equipment for Lakeview Hospital at 927 West Churchill (Case No. 2009 -30). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 12 of 15 City Council Meeting July 28, 2009 Case No. 09 -32. Consider a request from the City of Stillwater for an amendment to the City Code concerning height variances, whereby all requests to vary a structure height by more than 10 would require approval by the City Council. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 17, 2009. Mr. Pogge reviewed the request. He noted the Planning Commission held a public hearing on the proposal, with no comments received, and recommended that the process not be changed. He stated the Planning Commission believes the current process has worked well in the past and there are avenues to address specific situations in the code that would allow the Council to consider an action. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Gag spoke of the Planning Commission's recommendation and past experience with dealing with height issues, noting that the existing height restrictions originated with the Planning Commission. He also suggested that there is a good system of checks and balances in place to address situations where the Commission and Council differ. In discussion, it was noted that this amendment was originally prompted by cell tower requests and a suggestion that all requests for structures over 50' come before the Council. Councilmember Roush said he would be in support of the amendment. Councilmember Polehna asked whether the Planning Commission feels the Council isn't in support of that Commission. Councilmember Gag said he felt the Commission's recommendation was more due to the belief that the current process works well and doesn't need to be changed; and he would support the Planning Commission. Councilmember Roush suggested the proposed amendment brings transparency to the process so the occasional very tall tower or structure doesn't fall through the cracks. Motion by Councilmember Roush, seconded by Councilmember Cook to approve the first reading of the ordinance. Councilmember Cook said she wasn't sure the proposed language addresses the original concern, the height of cell towers. Mayor Harycki said he thought this ordinance would come into play very infrequently but does represent another check and balance to the system. After additional discussion, Councilmember Roush withdrew his original motion as did Councilmember Cook. Motion by Councilmember Roush, seconded by Councilmember Cook to table for further consideration at the next meeting. All in favor. Page 13 of 15 City Council Meeting July 28, 2009 Case No. 09 -04. Consider a request from Marc Putman, Putman Planning and Design, for an amendment to the planned unit development for the sign guidelines and sign ordinance for the Village Commercial District, Liberty Village, located at the southeast corner of County Roads 12 and 15. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 17, 2009 (Motion to table until September 1, 2009) Mayor Harycki opened the public hearing. Motion by Councilmember Cook, seconded by Councilmember Polehna to table this case at the request of the applicant until Sept. 1, 2009. All in favor. UNFINISHED BUSINESS No unfinished business. NEW BUSINESS Possible accepting of bids and awarding contract for 2009 Sidewalk Rehabilitation Contract Public Works Director Sanders reviewed the bids. Two quotes were received with a low bid submitted by Curb Masters of Stillwater at a cost of $28,000. Mayor Harycki noted that generally about $50,000 is budgeted for the sidewalk project, with the engineer's estimate at $32,600, which would leave $27,400 in engineering /staff time. City Administrator Hansen pointed out that in the future the City likely won't do a sidewalk project every year and save up so engineering costs are not such a huge percentage of a project. Mr. Sanders pointed out that the engineer's estimate for construction costs was $32,000; the total amount budgeted was $50,000, but engineering time is estimated at about $11,000. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2009 -123, accepting bid and awarding contract for 2009 Sidewalk Rehabilitation Project (Project 209 -05). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Polehna thanked everyone who participated in the Yellow Ribbon contingency during Lumberjack Days day. Page 14 of 15 City Council Meeting July 28, 2009 STAFF REPORTS (continued) ATTEST: Mr. Pogge asked for direction regarding the height amendment issue. It was suggested that Mr. Pogge discuss the issue with Councilmember Roush. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember •ok to adjourn at 9:50 p.m. 4 j! d Diane F. Ward, City Clerk Page 15 of 15 arycki, Mayor Resolution 2009 -119, directing payment of bills Resolution 2009 -120, a resolution approving the final plat for Millbrook 3 Addition (Case No. 2009 -26) Resolution 2009 -121, a resolution approving a Planned Unit Development Amendment for Millbrook Resolution 2009 -122, resolution approving a Special Use Permit to add a supplemental electrical generator and new rooftop equipment for Lakeview Hospital at 927 West Churchill (Case No. 2009 -30) Resolution 2009 -123, accepting bid and awarding contract for 2009 Sidewalk Rehabilitation Project (Project 209 -05)