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HomeMy WebLinkAbout2009-08-18 CC MINater THE OIOTNFLACE OF MINNESOTA CITY COUNCIL MEETING August 18, 2009 REGULAR MEETING 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 Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES 7:00 P.M. Motion by Councilmember Cook, seconded by Councilmember Polehna to approve the July 7, 2009, Executive Session minutes, July 21, 2009, regular meeting and July 28, 2009, regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS COMMENDATIONS Presentation of Plaque to Julie Kink Mayor Harycki presented a plaque to Julie Kink in recognition of her many years of service covering City Council meetings as a reporter for the Courier News. Ms. Kink expressed her appreciation for the assistance of City staff and Council over the years. Mayor Harycki acknowledged the passing of Phil Eastwood, who served on the Heritage Preservation Commission for many years and was active in other civic organizations. OPEN FORUM Mike Robinson, 801 W. Pine St., spoke of the conditions of approval for the dumpsters at PD Pappy's, including that the dumpsters be screened. He stated the conditions of approval for the special use permit have never been met in 20 years. Mayor Harycki City Council Meeting August 18, 2009 noted that staff is working with the PD Pappy's people regarding an enclosure. Mr. Robinson also spoke to the licensing of the use of the property where the deck is located. STAFF REPORTS Police Chief Gannaway reviewed the activities that took place in conjunction with National Night Out. He said there was an excellent turnout at the eight different neighborhood gatherings the department participated in, as well as downtown where the department distributed 600 Sno Cones and glow necklaces. Community Development Community Development Director Turnblad reported that the Metropolitan Council has responded to the City's application for the Comprehensive Plan update and informed the City that the application is not complete due to issues related to inflow /infiltration in the downtown area and population /employment projections. Mr. Turnblad also provided an update on the parking ramp project and that the contractor has asked the Council for a waiver from the City's noise ordinance in order to begin the upcoming 5 pour of concrete at 6 a.m. rather than 7 a.m. Mayor Harycki pointed out that noise has been an issue with neighbors in the area. The consensus not to deny the waiver to the noise ordinance. Councilmember Cook asked about the status of the graffiti removal project. Mr. Turnblad stated he thought the project had begun, but was not completed at this time. Public Works Public Works Director Sanders told the Council that the staff would be meeting with the Corps of Engineers regarding the levee wall project and he would provide an update on that meeting at the next Council session. Mr. Sanders stated the first meeting of the Traffic Review Committee was scheduled for August 19. He noted the sidewalk project is under way and the street project is progressing nicely, with just the mill and overlay portion of the project in the Tuenge /Shelton Drive area still to be completed. He said he had been informed by the Middle St. Croix WMO that the WMO has some money available and plans to do some water quality improvements at the Lily Lake fishing pier. Mr. Sanders said 30% of future street projects would be obligated to mill and overlay projects. He informed the Council that he is working on a memo reminding residents on the South Hill that properties adjacent to sanitary sewer must be hooked up by 2010. He informed the Council that there are 13 homes remaining that have not yet hooked up to sanitary sewer. Mayor Harycki noted that the Brown's Creek Watershed District wants to use City pumps to pump out the Herberger's pond to do some native vegetation restoration; he also stated that the presence of Milfoil has been confirmed at the north end of Long Lake. Mayor Harycki also stated the Watershed District would like a pier on City land at Page 2 of 11 City Council Meeting August 18, 2009 Long Lake; he suggested perhaps a service group might be interested in undertaking such a project. Administration City Administrator Hansen reminded the Council of the upcoming boards and commissions' annual picnic. He also reminded the Council that a budget meeting is scheduled for 4:30 p.m. September 1. CONSENT AGENDA 1. Resolution 2009 -124, directing payment of bills 2. Possible approval of Utility Bill adjustment 3. Possible approval of temporary liquor license September 26, 2009 Ascension Episcopal Church There was discussion of police costs related to Lumberjack Days Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the Consent Agenda. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS This is the date and time for a public hearing to consider the transfer of an On -sale Sunday liquor license from Stones Restaurant, LLC, DBA: Stone's Restaurant to Stillwater Kitchens LLC, DBA: The Kitchen in Stillwater. Notice was published in the Stillwater Gazette on August 5, 2009. Ingrid Johnson and Benjamin Hiza applicant. City Clerk Ward noted that approval is contingent on police, finance, fire and building department review /approvals and Minnesota Liquor Control review and approval and payment of any associated fees. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Gag, seconded by Councilmember Roush, to adopt Resolution 2009 -125, approving transfer of ownership of the On -Sale and Sunday Liquor Licenses. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 3 of 11 City Council Meeting UNFINISHED BUSINESS Page 4 of 11 August 18, 2009 Continuation of discussion for an amendment to the City Code concerning height variances, whereb all re uests to va a structure height b more than 10% would re uire as *royal b the City Council. (Ordinance 1 reading Roll Call) Community Development Director Turnblad noted that this discussion was prompted by the issue of cell towers and the likelihood of requests for wind turbines. He stated the Planning Commission felt there might be better approaches to addressing the height issue, rather than the suggested ordinance amendment, and recommended denial. Mr. Turnblad pointed out that the Council recently passed an ordinance that will require all cell tower applications to be reviewed /approved by the Council, but nothing has been done regarding wind turbines. Mr. Turnblad suggested that the Council could opt to take a specific approach to the issue and pass an ordinance requiring all wind turbines to meet the height maximum of the zoning district in which it would be located. Councilmember Roush stated he asked that the ordinance be amended due to the potential for the Planning Commission to grant a (height) variance unbeknownst to the Council. Councilmember Gag stated the Planning Commission prides itself at looking at the ordinances and zoning restrictions and has a history of being firm on height restrictions and, in fact, they developed the current height limits. He stated that it is the Councils' that have overturned some of the height restrictions that the Planning Commission has denied through the appeal process; therefore he would be backing the Planning Commission on this issue and vote no on the proposed amendment. Motion by Councilmember Roush, seconded by Mayor Harycki to approve the first reading of the ordinance with the addition of language addressing wind turbines. Ayes: Councilmembers Cook, Roush and Mayor Harycki Nays: Councilmembers Gag and Polehna Possible approval of resolution for street vacation and municipal license Tony Mutter Colleen Eddy Community Development Director Turnblad reviewed the area to be vacated all the area directly beneath the foundation of the garage, footings of the garage and 5' of additional space outside the walls of the garage. He stated that staff and the property owners were unable to come to an agreement regarding a mutually acceptable plan to buffer the Mutters' property from the trail. He reviewed what the Mutters would propose, including an existing row of trees, along with two separate fencing systems a wrought iron fence and a 6' privacy fence. Mr. Turnblad said staff would support a somewhat more compact version, and he reviewed staff's suggested area for licensure. Mayor Harycki said he could understand the need to extend the fence to the edge of the driveway turnaround to prevent cut through traffic from the trail. City Council Meeting August 18, 2009 Councilmember Gag verified that the City would not be paying for any of the proposed buffer improvement. Mr. Turnblad suggested that if the Council agrees with the Mayor's suggestion to extend the area of licensure /fence to the edge of the turnaround and allow some type of vegetation plantings that the City Forester reviews the plans for the plantings. Motion Councilmember Roush, seconded by Councilmember Cook to adopt Resolution 2009- 126, a resolution vacating part of North Sherburne Street and Sylvan Avenue. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Motion by Mayor Harycki, seconded by Councilmember Roush to adopt Resolution 2009 -127, approving Municipal License for 1104 Meadowlark Drive GEO Code 2803020230094, with the license agreement extending the fence to the driveway turnaround and working with the City Forester, applicant and City Planner on an acceptable shrubbery planting plan. Councilmember Polehna clarified that the City is not paying for the shrubbery or the fence. Mayor Harycki made note that the City Clerk would put this statement in the record. Councilmember Polehna stated that during the Parks walking tour of the area, he noticed irrigation pipes and electricity going through City property and suggested that ought to be removed as part of the license agreement. Mr. Mutter stated that he had been given approval by City staff to run the irrigation pipeline under the driveway. City Administrator Hansen suggested having staff check on the situation rather than table action. Mr. Turnblad suggested amending the motion approving the municipal license as stated in the Mayor's motion to "vegetation" plan rather than "shrubbery." Mayor Harycki and Councilmember Roush agreement to amend the motion as suggested. 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 as directed by the Council when the purchase was first proposed, staff and consultants have reviewed ramp revenue projections and feel confident revenues will be sufficient to pay the equipment off in little more than three years; according to the manufacturer, the useful life of the equipment is seven to 10 years, he stated, but experience indicates that 10 -15 years of service is not uncommon. Councilmember Gag asked about projected costs versus this actual cost; Mr. Turnblad stated the actual cost is about half of what was estimated. Page 5 of 11 City Council Meeting August 18, 2009 Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2009 -128, accepting proposals for parking equipment. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of findings of fact relating to denial of 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 City Attorney Magnuson reviewed the findings of fact. Motion by Councilmember Polehna, seconded by Councilmember Cook to adopt Resolution 2009 -129, a resolution adopting Findings of Fact, Conclusions and Order Related to a split approval for the property located at 1001 North 4 Street. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of findings of fact relating to an appeal of the Planning Commission's decision to approve a special use permit to replace a 60 -foot tall Tight pole with a new 100 -foot tall multipurpose cell tower located at 1900 Myrtle Street West. City Attorney Magnuson noted the findings recite the reasons why the Council approved the cell tower and noted that the findings have to be rather specific as they are in response to an appeal to the granting of the permit for the cell tower. Mayor Harycki pointed out one scrivener's error, "gearing" should be "hearing." Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2009 -130, a resolution adopting Finding of Fact, Conclusions and Order Related to the approval of a Special Use Permit to replace a 60 -Foot Tall Light Pole with a new 100 -foot tall multi purpose tower with lights and wireless communication antennas with necessary ground appurtenances located at 1900 Myrtle St W for T- Mobile and AT &T Case No. 2009 -14. Ayes: Councilmembers Gag, Polehna and Mayor Harycki Nays: Councilmembers Cook and Roush Possible approval of Development Agreement between the City of Stillwater and U.S. Homes for Millbrook Plat 3 City Attorney Magnuson reviewed the agreement noting that the amendment to the agreement is relatively simply as all the costs for the public improvements that were made to serve this phase of the development have been completed. He stated the one condition that has changed is the requirement that the developer remove all soil stock piles from the active park sites in Phase 1 and establish a final grade for the parks Page 6 of 11 City Council Meeting August 18, 2009 before March 31, 2010. Mayor Harycki asked about the installation of an irrigation system in exchange for the City taking over maintenance of the park(s) and establishing the turf. Public Works Director Sanders stated staff has put forth that proposal to the developer and is waiting to hear back; Mr. Turnblad said the eventual resolution regarding the irrigation /establishment of turf will be spelled out in the development agreement for the next phase of the development. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009 -131, approval of development agreement with US Home Corporation for Millbrook 3rd Addition. Aye: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None NEW BUSINESS Possible approval of building monitoring improvement 2009 Capital Budget Library Mayor Harycki referred to a memo from the Library outlining some of the issues related to the request for the release of funds to purchase additional security cameras. City Administrator Hansen stated there are some dead spots in the existing security system that he supports the request. Chief Gannaway stated his department has been doing some foot patrols of the Library to help address problems. Mr. Hansen noted the requested funds are already in the budget approved for 2009. Councilmember Cook encouraged looking at other alternatives, such as police monitoring, as well. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the release of the funds as requested. All in favor. Possible approval of Special Event St. Croix Harvest Fest Giant Pumpkin Weigh -off City Clerk Ward reviewed the request, noting the original request has been before the Park Board and been approved; however, she stated the original application did not include any liquor. A new request has been received to have beer tasting stations throughout downtown, as well as the use of a parking lot for a kiddie tractor pull. Ms. Ward stated there are concerns about the beer tasting stations because it involves a temporary liquor license which requires that locations must be compact and contiguous. Ms. Ward said she had contacted Minnesota Liquor Control about possible options but has not heard back from that agency. Scott Zahren was present representing the Chamber. He said the plan is to combine the chili cook -off and tasting with a micro brew tasting at seven different locations which would take folks from the south to north end of town. He said each station would be cordoned off, with a volunteer at each station to make sure that no one walks off with a beverage. He said the tasting would be limited to one small tasting at each station. Mr. Zahren said proceeds will go to Valley Outreach. Councilmember Roush asked about Page 7 of 11 City Council Meeting August 18, 2009 the maximum amount of beer that might be consumed; Mr. Zahren responded that with a 4 ounce mug, the maximum could be 40 ounces if there are 10 stations. Police Chief Gannaway said there are some issues with the proposal, noting that when alcohol is involved, it is required that an area be fenced and have security present. City Attorney Magnuson said there is a question whether the City has the authority to allow this as state law states that the licensed premises must be compact and contiguous; he suggested that City might be able to issue individual non profit licenses to the various stations, but added that the City has already issued most of its allotted 12 licenses per year. In discussion, Chief Gannaway suggested that a single, fenced location would be the best solution. There was discussion of possible locations for the tasting. Ms. Ward also noted that the use of the parking lot for the tractor pull was not included in the original application and did not go before the Parking Commission and Parks Commission. Mr. Zahren outlined some of the family- oriented activities planned for the event. It was consensus to table this issue to the September 1 to investigate alternatives and obtain information from Liquor Control. Motion by Councilmember Cook, seconded by Councilmember Roush, moved to table this item to the September 1 meeting. All in favor. Declaration of costs, preparation of roll calling for assessment hearing annual street improvement project (Project 09 -02) Public Works Director Sanders referred to the memo regarding the costs and assessments for the annual street project, noting that due to favorable prices, the proposed final assessments have been reduced by 12.6 percent from the preliminary assessments. Councilmember Gag noted that in recent years the Council has struggled to keep the final assessments in line with the preliminary assessments. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2009 -132, resolution declaring cost to be assessed and ordering preparation of proposed assessments for 2009 Street Improvement Project (Project No. 2009 -02) and Resolution 2009 -133, resolution calling for hearing on proposed assessment for 2009 Street Improvement Project (Project 2009 -02).. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Declaration of costs, preparation of roll calling for assessment hearing for 2009 Mill and Overlay Project (Project 2009 -09) Public Works Director Sanders noted this project was added due to the lower cost for the street improvement project. Costs are based on actual bid received from the contractor, thus there is no reduction in the final assessment. Page 8 of 11 City Council Meeting August 18, 2009 Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2009 -134, resolution declaring cost to be assessed and ordering preparation of proposed assessments for 2009 Mill and Overlay Project (Project No. 2009 -08) and Resolution 2009- 135, resolution calling for hearing on proposed assessment for 2009 Mill and Overlay Project (Project 2009 -08). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of license agreement 1 Ridge Lane Drive Michael Sheehy Public Works Director Sanders stated the owner of 1 Ridge Lane has approached the City about a street improvement in front of his property and that the owner has agreed pay for and do the improvements to City standards with a typical pavement section of 4" of asphalt and 6" of gravel. The request is to approve a license agreement, with some conditions, allowing the property owner to do the work. Mr. Sanders said conditions include: approval from adjacent property owners, with the agreement signed prior to the initiation of the work, and reimbursing the City for the cost of inspections. Dan Thurmes, representing the applicant, Michael Sheehy, stated that Mr. Sheehy is planning on paying the entire cost of the project himself and as part of the conditions; he will have to get written consent from the neighboring property owners. John DeLeon, representing Joan DeLeon, 5 Rivercrest Lane, said his mother is a long- time resident and should have a say in the improvements. Mr. DeLeon spoke of Mr. Sheehy's previous plans to build a new garage, which Mr. Sheehy said would be done in such a way as to protect her view but ended up being other than what Mr. Sheehy said it would be. Mr. DeLeon said this plan would encroach on Joan DeLeon's property, remove trees and a flagpole. Mr. Sanders said all the work proposed to be done is on City right -of -way, not private property. Ms. DeLeon's daughter also spoke against the proposed plans and expressed concerns about the garage which Mr. Sheehy constructed. There was discussion as to whether the garage was constructed according to the plans approved by the Planning Commission. It was decided to have Mr. Turnblad check on the Planning Commission approvals related to the garage. There was a suggestion that the street be moved closer to the Sheehy property; Mr. Sanders said there is a concern with doing that because of the location of an existing force main which would be under the curb if the street were to be reconfigured as suggested. Mayor Harycki suggested tabling this proposal until there is signed consent from the neighbors. Motion Mayor Harycki, seconded by Councilmember Cook moved to table this proposal until a future meeting if there is a resolution between Mr. Sheehy and the DeLeons. All in favor. Page 9 of 11 City Council Meeting August 18, 2009 Information on revised Flood Insurance Maps Community Development Director Turnblad referred to Planner Mike Pogge's memo regarding flood insurance maps. He noted that the City has six months in which to revise its flood plain ordinance to be incompliance with the new maps. Request to purchase trailer Public Works Councilmember Cook asked if the requested purchase is the cheapest available. Public Works Director Sanders explained that the requested tilt trailer is the only one that will handle the compacter roller for patching streets. Councilmember Cook asked if the existing trailer could be sold. City Administrator Hansen said he does support the request and noted that the vehicle is used on almost a daily basis in the summer. Councilmember Cook asked if there are used vehicles available; Mr. Sanders said it was thought a new vehicle would provide a longer life and meet all DOT standards. Councilmember Gag suggested adding a not to exceed amount to the motion and encourage staff to look into possible purchase of a good, "gently used" trailer. Mr. Sanders noted the requested purchase is part of the state bid which ends August 31 Motion by Councilmember Polehna, seconded by Councilmember Gag approved the purchase of a tilt trailer and encourages staff to look into possible purchase of a good, "gently used" trailer with the amount "not to exceed" $6,753.45. All in favor. Discussion of payments to beautification fund Mr. Hansen noted there was language in the bike race contract in which promoters promised to pay $1 per participant to the Chamber in support of downtown beautification. He stated that was the same requirement imposed on the marathon promoters; he stated the check has been received from the marathon promoters. Councilmember Polehna asked that the Special Events committee look at the issue, noting that events other than athletic events, such as art fairs or the pumpkin weigh -in aren't asked to contribute. He suggested that all events that utilize Lowell Park ought to be considered for inclusion in the requirement. COUNCIL REQUEST ITEMS Mayor Harycki asked how long the videos of Council meetings are retained. City Clerk Ward said the videos are not retained at City Hall; the Cable Company retains the videos for three months, which is required by the City's retention schedule. Mayor Harycki suggested it might be wise to keep the videos for a longer period of time. Ms. Ward said the digital audio recordings of meetings are retained for a period of three months as well and it was agreed to look into the matter. Page 10 of 11 City Council Meeting ATTEST: Councilmember Roush asked about a correspondence related to an assessment. City Administrator Hansen said the letter was in regard to a levied assessment and that he didn't think there was any mechanism for dealing with the writer's concern. ADJOURNMENT Motion by Councilmember Gag, seconded by Councilmember Cook t in favor. 1J11(- Diane F. Ward, City Clerk August 18, 2009 Ken cki, Mayor Resolution 2009 -124, directing payment of bills Resolution 2009 -125, approving transfer of ownership of the On -Sale and Sunday Liquor Licenses Resolution 2009 -126, a resolution vacating part of North Sherburne Street and Sylvan Avenue Resolution 2009 -127, approving Municipal License for 1104 Meadowlark Drive GEO Code 2803020230094 Resolution 2009 -128, accepting proposals for parking equipment Resolution 2009 -129, a resolution adopting Findings of Fact, Conclusions and Order Related to a split approval for the property located at 1001 North 4 Street. Resolution 2009 -130, a resolution adopting Finding of Fact, Conclusions and Order Related to the approval of a Special Use Permit to replace a 60 -Foot Tall Light Pole with a new 100 -foot tall multi purpose tower with lights and wireless communication antennas with necessary ground appurtenances located at 1900 Myrtle St W for T- Mobile and AT &T Case No. 2009 -14. Resolution 2009 -131, approval of development agreement with US Home Corporation for Millbrook 3 Addition Resolution 2009 -132, resolution declaring cost to be assessed and ordering preparation of proposed assessments for 2009 Street Improvement Project (Project No. 2009 -02) Resolution 2009 -133, resolution calling for hearing on proposed assessment for 2009 Street Improvement Project (Project 2009 -02) Resolution 2009 -134, resolution declaring cost to be assessed and ordering preparation of proposed assessments for 2009 Mill and Overlay Project (Project No 2009 -08) Resolution 2009 -135, resolution calling for hearing on proposed assessment for 2009 Mill and Overlay Project (Project 2009 -08) Page 11 of 11 9:42 p.m. All