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HomeMy WebLinkAbout2010-01-05 CC MINQ 4*4a . ler 7M1 I.....E�16E Of Y... E1111 CITY COUNCIL MEETING January 5, 2010 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 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 Planner Pogge Public Works Director Sanders City Clerk Ward OTHER BUSINESS Cell Regulation Debriefing — Jim Roush Councilmember Roush highlighted information he learned in a web seminar related to cell tower regulations he participated in webinar with City Attorney Magnuson and Planner Pogge. Councilmember Roush presented a PowerPoint presentation pointing out camouflage options available to the City to demand from some of the cell companies. Planner Pogge noted that the City's updated ordinance for cell towers does provide the City with the ability to require such options and that the updated ordinance requires design review by the Heritage Preservation Commission. Councilmember Roush suggested there also needs to be education of the Commission members so they are aware of the stealth /camouflage technology. Councilmember Roush pointed out that the City does have the right to place a moratorium on any new cell tower placements if the City chose to do so; he also suggested the Council and City need to think about the continual changes in technology that may make the existing towers obsolete; Planner Pogge stated the City ordinance does require that the towers be removed within a specified timeframe after no longer in use. Councilmember Roush encouraged the Council to embrace the camouflage technology. STAFF REPORTS City Clerk Ward informed the Council there are a number of openings on various City commissions. She noted that when the Council implemented term limits last year, there City Council Meeting January 5, 2010 were two commissions that did not have Council representatives as voting members — Human Rights and Heritage Preservation. As there are now openings on those commissions, she asked the Council whether it wished to proceed with making the Council representative a voting member, thereby reducing the number of vacancies to be advertised. She stated that if the Council does wish to make the change, she suggested that Council direct City Attorney Magnuson to prepare such an ordinance. Councilmember Cook said having served on the Heritage Preservation Commission for the past year; she thinks it is probably better if the Council representative doesn't have a vote on the commissions, noting that person isn't voting on behalf of the Council but as an individual representative. Councilmember Cook said she sees the role of the Council representative as more of a liaison to the Commission and bringing information back to Council as necessary. ' Councilmember Gag spoke of his disappointment at being a non - voting member while serving on the HPC. City Attorney Magnuson suggested the Council might want to consider a possible issue related to appeals to the Council if the Council representative on a commission is a voting member and a case if subsequently appealed to the Council. Motion by Mayor Harycki, seconded by Councilmember Polehna to direct City Attorney Magnuson to prepare the ordinance making Council representatives to the Heritage Preservation and Human Rights commissions voting members. Motion passed 4 -1 with Councilmember Cook voting nay. Community Development Director Turnblad reported that the parking ramp equipment is not operational as yet, so free parking will be available until the equipment is in operation. Councilmember Gag said several residents have raised an issue regarding a wood - burning furnace. Mr. Turnblad said the League of Minnesota Cities has done some research on the issue as well as the EPA and various state agencies. He stated the EPA has found there is some health concerns related to the outdoor wood burners and that more and more cities are beginning to regulate such burners. Mr. Turnblad said the trend is toward prohibiting the burners in urban settings which the City could deal with the issue through a nuisance ordinance or by a change in the zoning ordinance. Mr. Turnblad noted that dealing with the burners through a nuisance ordinance would allow immediate action, while a change in the zoning ordinance would grandfather existing facilities. There was discussion of the difference between the outdoor wood burners and indoor fireplaces. Mayor Harycki asked if setbacks or building permits are required for the outdoor wood boilers /furnaces; Mr. Turnblad said the ordinance related to accessory structures would be involved. Mr. Turnblad explained that if the Council does wish to allow such appliances it could develop performance standards including setbacks, height of stacks, etc. Councilmember Gag noted that the owner of the wood burner that has been the subject of the complaints did get the necessary permits. Councilmember Polehna suggested finding out what other communities are doing to regulate such Page 2 of 12 City Council Meeting January 5, 2010 appliances. Mr. Turnblad said staff has already done a lot of research and can provide information /examples of what other communities are doing for the next meeting. Councilmember Gag suggested that the other Councilmembers visit the site in`question and see how it impacts the neighborhood. City Attorney Magnuson provided information regarding impact fees in the annexation area, specifically the trout mitigation fee and the transportation adequacy fee. He said if a property owner in the annexation area wants to connect to City sewer and water without doing a subdivision, fees are limited to $2,500 for hooking up to sewer and $2,500 for hooking up to water. He stated in the case of the upcoming Meisterling's request, the Council could view the request as not subdividing to create a new1ot for development purposes but is due to a medical necessity to build a new structure with handicap accessibility. Mayor Harycki suggested there might be some way to tie the fees to a change in title, outside of the family, handling the fees as a deferral, similar to the deferral requested for the Aamodt subdivision. City Attorney Magnuson said that could be made part of the development agreement and deferred fees recorded against the entire property. The meeting was recessed at 5:28 p.m. 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 Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE 7:00 P.M. A Boy Scout from Troop 242, Our Savior's Lutheran Church, led the Council and audience in the Pledge of Allegiance. Mayor Harycki noted a number of Troop 242 members were in attendance and were working on their Citizenship in the Community Merit badge. Page 3 of 12 City Council Meeting APPROVAL OF MINUTES January 5, 2010 Motion by Councilmember Gag, seconded by Councilmember Cook to approve the December 15, 2009, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Mayor Harycki noted the City was honored earlier in the day for participating in the Beyond the Yellow Ribbon initiative to support troops during deployment and returning troops. Councilmember Polehna thanked the Council for its support and read the proclamation by Governor Pawlenty recognizing the City as a Yellow Ribbon City. Councilmember Polehna noted members of the Red Bull Division would start coming home in February and suggested placing a welcome home banner in the downtown area. Motion by Mayor Harycki, seconded by Councilmember Roush to request a banner permit for the welcome home banner. All in favor. Councilmember Cook thanked Councilmember Polehna for his leadership in making the City a successful Yellow Ribbon community. Mayor Harycki asked about having a Yellow Ribbon Community designation placed on the City entrance signs. Public Works Director Sanders stated he would check with Mn /DOT. Councilmember Polehna stated a pheasant hunt for returning troops is scheduled for March 14 and support is being sought from businesses and individuals. OPEN FORUM Linda Saveland asked if anything has been done about licensing of landlords or whether they are any plans to do so. She said nothing has been done in her neighborhood regarding the rental property next door since she requested help at the last City Council meeting. She said there are at least nine people living at the house in question, with constant noise, cars parked on the street and numerous vehicles coming and going. She suggested the impact of a rental property on a neighborhood is directly proportional to the participation of the landlord, and the landlord needs to be responsible for the complaints from homeowners impacted by the renters. She said the right of a landlord ought to be a privilege that can be revoked if the landlord doesn't accept the responsibilities that privilege is based on, and felt that it is the responsibility of the City to enforce the ordinances that are in place to protect the property values, quality of life and safety of homeowners from renters. She said rentals ought to be brought up to City code regarding the number of entrances and parking spaces. She said it is up to the City to license landlords and enforce the landlords' licensing responsibilities. There was discussion of the cost of an inspection program. Page 4 of 12 City Council Meeting January 5, 2010 Councilmember Cook said she would be meeting with Police Chief Gannaway and Community Development Director Turnblad regarding this issue and had asked Fire Chief Glaser to check the City of St. Paul's web site regarding its certificate of occupancy program, a basic check of livability before landlords are able to rent out a unit. Councilmember Cook stated she has received numerous calls asking what the City is doing and suggested the support indicates the community is reaching a zero tolerance regarding quality of life issues; Councilmember Cook stated she is also meeting with a councilmember from St. Croix Beach, a community that is also struggling with this issue and is looking at a rental housing ordinance. CONSENT AGENDA 1. Resolution 2010 -01, directing payment of bills 2. Resolution 2010 -02, designation of depositories for 2010 3. Resolution 2010 -03, designating a responsible authority and assigning duties in accordance with the State Of Minnesota Data Practices Statute 4. Resolution 2010 -04, approval of contract between the City of Stillwater "and Sand Creek Group, Ltd. 5. Resolution 2010 -05, designating the Stillwater Gazette (legal publications) and Press Publications (proceedings) at the City's legal publication and approving contract with the Stillwater Gazette and Press Publications for 2010. 6. Resolution 2010 -06, approval of arbitrage compliance - engagement letter with HLB Tautges Redpath, Ltd. 7. Resolution 2010 -07, approving the grant acceptance form from the Minnesota Historical Society Councilmember Cook asked that Item 1 be pulled for discussion. Motion Councilmember Gag, seconded by Councilmember Polehna to approve the Consent Agenda, except Item 1. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Regarding Item 1, Councilmember cook asked if the City was purchasing another Zamboni. City Administrator Hansen explained that it takes a long time to order a Zamboni and this is payment for the purchase previously approved. Motion Councilmember Polehna, seconded by Councilmember Roush to approve Resolution 2010 -01, directing payment of bills. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 5 of 12 City Council Meeting PUBLIC HEARINGS January 5, 2010 Case No. 09- 47.This is the date and time for a public hearing to consider a request from Teary O'Hara for a special use permit transfer of the James Mulvey Inn to Teary O'Hara and Lee Sather located at 622 West Churchill Street in the RB Two Family Residential District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 4 2009. Lee Sather spoke of recent improvements made to the property and that he hopes to operate the Inn as he has in the past. He said he is respectful of the neighborhood and the history of the property. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Roush asked if there are any variances involved; Community Development Turnblad stated that is just general language to avoid re- publication if there are any variances involved. Councilmember Roush asked about the difference between a B &B and a hotel, motel, rooming house or boarding house. Mr. Turnblad explained by definition, B &Bs differ quite a bit, noting there are 12 conditions in order to be considered a B &B including such items the offering of meals, having a resident manager, and other commercial differences. Motion by Councilmember Cook, seconded by Councilmember Polehna to adopt Resplution 2010 -08, a resolution approving a Special Use Permit for a Bed and Breakfast at 622 Churchill St W (Case No. 2009 -47). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Case No. 09 -48. This is the date and time for a public hearinq to consider a request from David Fischer, Buell Consulting for a special use permit for co- location of Clearwire antennas on the existing T- Mobile tower with equipment cabinet to be located within existing fenced compound located at 523 West Marsh Street in the RB, Two Family Residential District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 4 2009. Community Development Director Turnblad reviewed the request to co- locate on an existing monopole at the Stillwater Junior High School site. He said the applicant has agreed to paint the equipment to match the environment, the antenna to match, the light pole and cabinets to match the colors of the press box. He said all conditions have been met and approval is recommended with the conditions listed in the staff report. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Page 6 of 12 City Council Meeting January 5, 2010 Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2010 -09, a resolution approving a Conditional Use Permit to Co- Locate Wireless Antennas on an existing communication monopole tower with necessary ground appurtenances at 523 Marsh St W for Clear Wireless LLC DBA Clearwire (Case No. 2009 -48). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Case No. 09- 49.This is the date and time for a public hearing to consider a request from Bob and Janet Meisterlina for nreliminary and final nlat annroval and for the subdivision of one lot into two lots located at 12550 72 Street North. in the AP. Aaricultural Preservation District, and a zoning map amendment to rezone from AP, Agricultural Preservation to LR, Lakeshore Residential, and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 4, 2009. Community Development Director Turnblad reviewed the site and request to subdivide the property from one lot into two lots. He said the proposed rezoning is consistent with the neighborhood and consistent with the City's comprehensive plan. He also reviewed the proposed plat, which includes designated right -of -way for 72 Street, and an outlot of lakeshore property. He said sewer and water will be extended to the site for future connection. He said the Planning Commission and Parks Commission, along with staff, have reviewed and recommended approval of the rezoning and plat with five conditions of approval. He spoke to the issue of development fees and the recommendation to charge $20,102, the existing development fees, which is a reduction of what could be charged, noting that fees are proposed to be charged only to the new home siti'. Councilmember Roush asked if there would be access from Myrtle Street. Mr. Turnblad said access would be from 72 Street only, but a ghost plat was done for the property for future road connections. Mayor Harycki pointed out the Council had some discussion regarding the development fees at the 4:30 p.m. meeting with a possible solution discussed to defer the fees until the property title passes ownership, at which time the fees would have to be paid to the City; he pointed out that at this time, the property is not changing ownership, but there is a need to construct a new home on the property due to health issues. Mayor Harycki asked if the deferred fees would be fixed or increased based on inflation /interest. City Attorney Magnuson said the fees would be reviewed /adjusted every year. On a question by Councilmember Gag, Mr. Magnuson reviewed the conditions related to hookup to City sewer and water; Mr. Turnblad noted the cost of extending sewer and water are construction costs, not fees, and are the responsibility of the property owner. Page 7 of 12 City Council Meeting January 5, 2010 Councilmember Roush asked if any covenants would be placed regarding the size of the house; Mr. Turnblad said no covenants are proposed, noting that just one home would be constructed. Mr. Meisterling briefly described the proposed home; he spoke to the costs in fees /assessments to build the new home, costs incurred before construction can even begin. Mr. Meisterling said total fees and expenses amount to $139,000, the most significant of which, about $64,000, is to bring in sewer from the north. He asked that consideration be given to allow him to drill a well instead of connecting to City water, which would save about $20,000 in costs and that he would do that with the stipulation that if any further development were to occur on the property, connection to City water would be required. He said the well should have no negative impact on the eco- system, and they would be willing to install rain gardens to control runoffs from the roof and driveway. Mayor Harycki noted the Council dealt with a similar situation regarding a property on the South Hill. Mr. Meisterling noted he is not requesting a deferment of hookup from sewer, only the water. Public Works Director Sanders said he would have to check into whether drilling of a well would be allowed in that area. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Gag said in this case, where there are not multiple lots involved; he thought the issue was one of fairness and that he would support doing something about the well if possible. Motion by Councilmember Gag, seconded by Councilmember Roush, moved to approve the project and have City Attorney Magnuson create a development agreement addressing the issue of item 5, deferment of fees as outlined, as well as possible allowance of drilling a well and deferring of water hookup requirement. It was noted that this will come back to the Council for a second reading. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS There was no unfinished business NEW BUSINESS Designation of Vice Mayor Motion by Mayor Harycki, seconded by Councilmember Cook to designate Councilmember Roush as Vice Mayor and adopt Resolution 2010 -10, Designating Council Vice Mayor. Page 8 of 12 City Council Meeting January 5, 2010 Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Designation of Council representatives for Boards /Commissions & Lumberjack Days Committees Councilmember Cook stated she would like to stay with the Heritage Preservation Commission and noted she is also on the Special Events Committee and Lumberjack Days Committee. Councilmember Gag said he would be unable to continue to serve on the Parking Commission due to the time of the meetings. In discussion, it was decided to have City Attorney Magnuson develop a resolution allowing membership by a councilmember or the general public on the Parking Commission. Councilmember Polehna volunteered to stay on his current commission assignments, along with the Yellow Ribbon committee, but noted an alternate should be found for the Middle St. Croix Water Management Organization. Councilmember Gag volunteered to serve as alternate for the Middle St. Croix WMO and to continue his current assignments excluding the Parking Commission. Councilmember Roush volunteered to remain on his four current commission /committee assignments. Motion by Mayor Harycki, seconded by Councilmember Polehna to approve the following 2010 Council committee appointments. All in favor. Joint Cable Commission - Councilmember Roush Planning Commission - Councilmember Gag Parks Board - Councilmember Polehna Heritage Preservation Commission - Councilmember Cook Human Rights Commission - Councilmember Polehna Lumberjack Days Advisory Committee - Councilmembers Cook and Gag Lumberjack Days Music Committee - Councilmember Roush Middle St. Croix Watershed Management - Councilmember Polehna — Alternate Councilmember Gag Joint Board - Councilmember Roush & Mayor Harycki Convention & Visitors Bureau - Mayor Harycki Fire Relief Association Board - Councilmembers Gag and Roush Request from Calsey Hoefler for a 24/7 parking ramp pass Community Development Director Turnblad reviewed the request and stated that the resolution setting rates for the parking ramp stated 24/7 residential parking permits would not be sold, with the exception of the 8 spaces designated for the Rivertown Commons. The person making the request lives in downtown Stillwater, and thought the Council should stick with the resolution until the parking use is known. There was discussion about possibly offering off - season 24/7 permits in the future. Page 9 of 12 City Council Meeting January 5, 2010 Councilmember Cook asked if the Council would be dealing with similar requests. Mr. Turnblad said he interpreted the Council's action as affirming the position of not offering any 24/7 residential permits. Motion by Councilmember Roush, seconded by Councilmember Polehna, moved to deny the request. All in favor. Possible approval of a snow removal contract for sidewalks Community Development Director Turnblad noted the Council had given direction to staff to solicit bids for snow removal contracts for owners who don't remove snow from sidewalks within the designated period after a snowfall. He said three bids were received, with Lehmicke Construction the "apparent" lowest bidder based on a possible scenario for needs. On a question by Councilmember Roush, Public Works Director Sanders stated the City removes snow from sidewalks on all City -owned property, but no residential sidewalks. Councilmember Polehna asked where bids requests were published or solicited as there were no Stillwater companies represented in the bidders; he asked that in future bids be advertised /posted in Stillwater. Motion by Councilmember Roush, seconded by Councilmember Gag to adopt Resolution 2010 -11, approval of Snow Removal Contract (Sidewalks) with Lehmicke Construction Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Work Plan Mayor Harycki asked that the Council review the work plan. Councilmember Cook asked if the Council would be holding another retreat. It was agreed to add a retreat to the May work plan, with a notation added to the April work plan for discussion of possible topics for the May retreat. It was agreed to tentatively schedule the retreat for May 7 from 9 a.m. to 3 or 4 p.m. Mayor Harycki noted fee adoption is scheduled for the second meeting in April along with the Yellow Ribbon update; he asked Councilmember Polehna to review the state plan at that time. City Clerk Ward reminded Council that the first meeting in February will take place on Monday, February 1. Page 10 of 12 City Council Meeting COUNCIL REQUEST ITEMS January 5, 2010 Councilmember Cook told the Council the Heritage Preservation Commission would like to have a retreat to re- evaluate its mission and efforts. Members were supportive of the HPC retreat. Councilmember Gag said the issue of garbage was brought up at his recent Town Hall meeting and wondered if the City had contacted garbage haulers for their input. Community Development Director Turnblad said Planner Pogge has spent countless hours on this issue and has talked to haulers and that he would have Mr. Pogge prepare a report for an upcoming meeting. Councilmember Roush informed the Council the Aurora Staples Inn was the only Minnesota property named to the top 10 list of B &Bs in the Great Lakes area and congratulated Inn owners. Mayor Harycki spoke about the possibility of placing salt barrels at various spots on the North Hill where intersections get icy. He showed a photo of the type of container he had in mind. Public Works Director Sanders will look into the issue. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Cook to adjourn at 8:50 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Page 11 of 12 City Council Meeting January 5, 2010 Resolution 2010 -01, directing payment of bills Resolution 2010 -02, designation of depositories for 2010 Resolution 2010 -03, designating a responsible authority and assigning duties in accordance with the State Of Minnesota Data Practices Statute Resolution 2010 -04, approval of contract between the City of Stillwater,and Sand Creek Group, Ltd. Resolution 2010 -05, designating the Stillwater Gazette (legal publications) and Press Publications (proceedings) at the City's legal publication and approving contract with the Stillwater Gazette and Press Publications for 2010. Resolution 2010 -06, approval of arbitrage compliance - engagement letter with HLB Tautges Redpath, Ltd. Resolution 2010 -07, approving the grant acceptance form from the Minnesota Historical Society Resolution 2010 -08, a resolution approving a Special Use Permit for a Bed and Breakfast at 622 Churchill St W (Case No. 2009 -47). Resolution 2010 -09, a resolution approving a Conditional Use Permit to Co- Locate Wireless Antennas on an existing communication monopole tower with necessary ground appurtenances at 523 Marsh St W for Clear Wireless LLC DBA Clearwire (Case No. 2009 -48). Resolution 2010 -10, Designating Council Vice Mayor. Resolution 2010 -11, approval of Snow Removal Contract (Sidewalks) with Lehmicke Construction Page 12 of 12