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HomeMy WebLinkAbout2010-01-19 CC MINstet T.i i.... ►IAC. if ilii Eli ►N CITY COUNCIL MEETING January 19, 2010 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 Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE 7:00 P.M. Students from the Lego League led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Cook, seconded by Councilmember Polehna to approve the January 5, 2010, recessed and regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Swearing in of Officer Jason Belisle Police Chief Gannaway administered the oath of office to Officer Jason Belisle. Proclamation: George Thompson Day Mayor Harycki read a proclamation declaring January 21, 2010, as George Thompson Day in the City of Stillwater in recognition of Mr. Thompson's volunteer efforts in constructing a portable restroom enclosure, which saved the City considerable money, and in recognition of the difference one person can make in his or her community. Mayor Harycki spoke of the importance of volunteerism and asked the Council to request that staff add a tab on the City's web site with volunteer opportunities. City Council Meeting January 19, 2010 Motion by Councilmember Roush, seconded by Councilmember Polehna directing staff to add the volunteer tab to the web page. All in favor. Certificate of Appreciation — Retirement — Sue Moore & Kathy Rogness (2 Resolutions (2010- 14 & 15 Motion Councilmember Gag, seconded by Councilmember Roush, moved approval of Resolution 2010 -14 commending Susan Moore for 14+ years of service to the City of Stillwater. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Motion by Councilmember Gag, seconded by Councilmember Polehna, moved approval of Resolution 2010 -15 commending Katherine Rogness for 11+ years of service to the City of Stillwater. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Mayor Harycki read and presented certificates of appreciation to Ms. Moore and Ms. Rogness. City Clerk Ward thanked Ms. Moore and Ms. Rogness for their service to the community, to all departments at City Hall, and especially for their hard work during elections. City Administrator Hansen added his personal thanks and best wishes for retirement. OPEN FORUM Members of the Lego team from Rutherford Elementary School talked about an issue they have been researching, specifically a safety issue related to the placement of garbage cans on collection day. The students suggested that the City clarify the definition of "curbside" in its ordinance related to trash collection. Mayor Harycki asked City Attorney Magnuson to research the ordinance as suggested by the students. The Council thanked the students for their efforts. STAFF REPORTS Police Chief Gannaway reported that the grand jury cleared the Stillwater officer in the recent shooting. Community Development Director Turnblad stated the equipment is now functional at the parking ramp and will be put into operation beginning on Monday of the following week. He said previously purchased parking passes would be extended by one month. Mr. Turnblad presented information regarding what other communities are doing to regulate outdoor wood burners /boilers. He said the outdoor burners are generally regulated through nuisance ordinances or through zoning ordinances and that most Page 2 of 12 City Council Meeting January 19, 2010 communities that regulate the use of the outdoor burners are doing so by declaring them a nuisance and creating regulations for their operation. He suggested the City has two options — to prohibit such burners in the nuisance ordinance or regulate them through zoning ordinance. Mayor Harycki noted the property owner with the burner that prompted the recent complaints has added a chimney extension which may have solved the problem with smoke. Councilmember Gag said the materials provided by Mr. Turnblad indicate the remnants of burning from such boilers end up coming back to the area around the device. On a question by Councilmember Roush, Mr. Turnblad said concerns are related to smell, smoke, and the chemical composition of the exhaust; he explained some of the workings of such boilers. Councilmember Gag spoke in favor of prohibiting such burners in a nuisance ordinance and perhaps grandfathering the existing burner in some fashion. City Attorney Magnuson noted that if the burners are regulated through the zoning ordinance, the ordinance must provide recognition of vested rights (grandfathering), while there are no vested rights recognized by a nuisance ordinance. Mayor Harycki noted the property owner in question did attempt to go through the proper channels and has a considerable amount of money invested in the boiler. It was consensus to prohibit the use of such boilers through a nuisance ordinance. It also was consensus to have Mr. Turnblad and City Attorney Magnuson look at options for accommodating use of the existing permitted device in some fashion. Public Works Director Sanders reviewed the request for purchase of 9 radios for the Public Works department due to the need to go to narrow band frequency. Mr. Sanders said cost of the purchase of the new radios could be offset by reducing the maintenance contract. On a question by Councilmember Gag, City Administrator Hansen said staff is looking at all maintenance contracts and the possibility of rebidding /consolidating such contracts. Councilmember Polehna asked if the radios would be able to communicate with the 800 MHZ radios utilized by police and fire; Mr. Sanders noted there are some portable 800 MHZ radios available. Motion by Councilmember Polehna, seconded by Mayor Harycki to approve of the purchase of the radios for the Public Works Department. All in favor. Mr. Sanders stated the highway signs acknowledging Stillwater as a Yellow Ribbon community would be available in about 30 days and would be placed on Highway 95. Mr. Sanders also told the Council he had received a quote from Menards for purchase of salt and sand barrels, $60 for a 50 gallon barrel. It was decided to try placing the barrels in several locations before purchasing barrels to replace the existing 36 containers. Page 3 of 12 City Council Meeting CONSENT AGENDA January 19, 2010 1. Resolution 2010 -12, directing payment of bills 2. Resolution 2010 -13, approving Washington County Cooperative Fire Protect Agreement 3. Resolution 2010 -16, approval of agreement for professional services with Collaborative DesignGroup Motion by Councilmember Polehna, seconded by Councilmember Gag to approve the Consent Agenda. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: none PUBLIC HEARING Case No. 09- 51.This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision from Grant LaForce for a request for a variance for the construction of a lean -to located at 641 Hidden Valley Court in the RA, Single Family Residential District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on January 8, 2010. Mayor Harycki noted the applicant has requested that this item be tabled until the February 1, 2010 Council meeting. Mayor Harycki opened the public hearing. Motion by Councilmember Cook, seconded by Councilmember Polehna to table the case until the February 1, 2010 meeting. All in favor. UNFINISHED BUSINESS Possible approval of final plat, development agreement and second reading of Ordinance 1012, an ordinance amending Stillwater Citv Code Section 31 -300 District Boundaries, relatin to Bob and Jan( Street North, in the AP, Agricultural Preservation District to rezone from AP, Agricultural Preservation, to LR, Lakeshore Residential Community Development Director noted that the Council at its last meeting approved the first reading of the rezoning of the property and gave conceptual approval to the other issues related to the case. He noted the Council had also discussed possibly deferring fees and the requirement to hook up to City water until the property changes hands and that both of those items have been dealt with in the development agreement. City Attorney Magnuson stated the applicant has requested two changes to the development agreement — that the insurance requirement be either provided by the developers or their contractor, which Mr. Magnuson said should not be of concern as Page 4 of 12 City Council Meeting January 19, 2010 long as a policy is in place protecting the City from liability, and that the deferral of the hook up to City water be until the development of the other large parcels, rather than on the same term as deferral of the impact fees, which Mr. Magnuson said would be a reasonable change. Mr. Magnuson also noted that is a typo in the list of City impact fees due, parking fee should be park fee. On a question by Councilmember Cook, Public Works Director Sanders said the applicants would be allowed to drill a private well as proposed. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Ordinance 1012, an Ordinance Amending Stillwater City Code Section 31 -300 District Boundaries. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2010 -17, a resolution approving the Preliminary Plat and Final Plat for Lake Hill Acres Case No. 2009 -49. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Motion by Councilmember Roush, seconded by Councilmember Cook to adopt Resolution 2010 -18, a resolution approving the Lake Hill Acres Development Agreement, as amended. Councilmember Polehna asked whether language should be added requiring hookup to City services within a certain timeframe as was done with the North and South Hill areas, when those services are readily available. City Attorney Magnuson noted that with the North and South Hill areas, services were available at curbside, unlike this area where considerable trunk work needs to be done. It was agreed to add language requiring hookup to City services within one year of when those services are readily available. Councilmember Roush amended his motion to include the new language related to hookup to services; Councilmember Cook agreed to amend the second. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Update on Downtown Garbage Community Development Director Turnblad reviewed options related to downtown trash storage, maintaining the status quo; requiring all trash and dumpsters to be out of public view, either inside a building or within a dumpster enclosure; or requiring all trash to be stored indoors. Mr. Turnblad spoke of the costs and difficulty associated with the various options. Mayor Harycki asked if there is any requirement in City code that would Page 5 of 12 City Council Meeting January 19, 2010 require a business to step up to a higher standard of dealing with trash storage when that business changes hands. Mr. Turnblad said there are state regulations, such as the prohibition of storing trash indoors unless it is a completely sealed off area with a defined access to outdoors and that the one opportunity for the City to require storage of trash in an enclosure comes during design review. Councilmember Cook spoke in favor of taking the position that if a business is making substantial improvements, a trash enclosure will be required. Mr. Turnblad said if that is the position the Council wishes to take, he would like to have a little more time to look at the impact on businesses. Mayor Harycki also suggested that position may be tied to the issue of how willing the City is to contribute its land for location of trash enclosures. There was discussion of requiring that trash be stored out of public view for those uses that require special permits. It was agreed to have Mr. Turnblad look at the options for dealing with special use permits and retrofitting of establishments and bring the issue back to the Council at a future meeting. NEW BUSINESS Possible approval to purchase computers City Administrator Hansen reviewed the request from MIS Specialist Rose Holman for purchase of computers. He noted the original request was for 8 new computers, and he asked that the number be reduced to 4. Ms. Holman responded with reasons why she did not believe she could get by with just 4. Mr. Hansen said he is recommending the purchase of 6 new computers, with the caveat that he may have to come back with an additional request later in the year. He noted that replaced computers are recycled to lower end users. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the 6 computer purchases as presented. All in favor. Possible approval of dock permit for St. Croix Boat & Packet (Resolution — Roll Call) Councilmember Polehna stated he would like to speak with Mr. Anderson before approval. Motion by Councilmember Polehna, seconded by Councilmember Cook to table this until the next meeting. All in favor. Possible receiving report and calling for hearing on 2010 Street Improvement Project Assistant Engineer Kraftson reviewed the proposed 2010 street improvement project feasibility study. He noted the proposal is based on the 2007 pavement management plan, which rated 16 miles of streets in poor and worst category. He stated most of the Page 6 of 12 City Council Meeting January 19, 2010 streets selected for reconstruction are in the Oak Glen neighborhood and rated in the poor and worst condition. Mill and overlays are proposed for streets in the Radles neighborhood, streets rated in fair condition, along with 4 th Street South from Orleans to Willard Street and Second Street from Wilkins to River Heights Drive. Councilmember Gag asked if Oak Glen Trail is included in the trail plan; Mr. Kraftson said it was included in the 2000 trail plan but was not included in the Comprehensive Plan update, primarily because it is not seen as a connecting route. Mr. Kraftson identified some of the utility work that will be included in the project, estimated cost, financing, proposed assessments and proposed project schedule. He stated a neighborhood meeting was held December 3 to address questions related to scope of the project, assessment costs, assessment procedures, utility concerns and some drainage concerns; he noted the meeting was well attended. Mayor Harycki asked about the ratio of reconstruction to mill and overlay. Mr. Kraftson said he thought the target was 30 percent, but that it was his understanding the ratio was based not on the number of miles but on how the dollars are being expended. He stated that this project is in the upper 30 % range for mill and overlays based on project costs. Councilmember Roush noted the possibility of a bike /pedestrian lane was raised at the neighborhood meeting; Mr. Kraftson said he advised those residents to bring the issue before the traffic committee for that group's study /recommendations. Councilmember Cook stated that residents are concerned that improving the street may increase the speed of vehicles especially on Linden Street. Mr. Kraftson responded that because this street a mill and overlay there are limits on what can be done because most traffic calming features are more closely related to a reconstruct project. He also stated that he did refer the residents to contact Mr. Sanders of their concerns for review by the Traffic Safety Review Committee. He mentioned that the traffic may be an enforcement issue as well. noted the bike /pedestrian lane issue was primarily related, a mill and overlay which somewhat restricts major changes. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2010 -19, resolution receiving report and calling hearing on 2010 Street Improvement Project (Project 2010 -02). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible accepting bids and awarding contract for Washington Avenue Mill & Overlay Project Assistant Engineer Kraftson noted there is a typo in the low bid from Tower Asphalt; the bid amount is $274,997.83, and not the $284,997.83 as indicated in the report. He Page 7 of 12 City Council Meeting January 19, 2010 noted seven bids were received and were well under the engineer's estimate. He noted that because this is a federal project, approval was needed, and received, from Minnesota Department of Transportation. Motion by Councilmember Cook, seconded by Councilmember Polehna to adopt Resolution 2010 -20, accepting bid and awarding contract for Washington Ave Mill & Overlay Project (Project 2009 -10). Ayes: Councilmembers Cook, Polehna, Roush and Mayor Harycki (Councilmember Gag absent) Nays: None Possible approval to purchase squad cars Police Chief Gannaway reviewed the request to purchase 3 police vehicles through the Minnesota state contract at a total cost of $68,871. He said just one of the vehicles would be put into service immediately, for the canine unit, with two stored until another vehicle needs to be taken out of service. Mayor Harycki brought up the issue of looking at options for more fuel- efficient vehicles for supervisors /detectives. Chief Gannaway said he would look into that issue. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the purchase of the 3 Dodge Chargers as presented. All in favor. Possible first reading of Ordinance 1013, an ordinance amending the Stillwater Code Section 25 -1, entitled Human Rights Commission (1st reading — Roll Call) Possible first reading of Ordinance 1014, an ordinance amending the Stillwater Code Section 22 -7, entitled Heritage Preservation Commission (1 st reading — Roll Call) City Clerk Ward noted that at the last meeting Council directed staff to prepare an ordinance making Council representatives to the Human Rights and Heritage Preservation Commission voting members of the commissions. Councilmember Cook restated her opposition to making the Council representatives voting members, pointing out that if decisions from those commissions come before the Council, the appellate body in this instance, people who voted on those decisions as a commission member would have to recuse themselves, leaving the Council with just four voting members and no tiebreaker. Councilmember Gag questioned whether the Councilmember would have to recuse him or herself. City Attorney Magnuson said if the member voted in the lesser body then that member would have prejudged the issue and be severely compromised and subject to challenge. Page 8 of 12 City Council Meeting January 19, 2010 Mayor Harycki noted the change was proposed to be consistent among the various commissions. Councilmember Gag agreed with the need to be consistent among the commissions and pointed out that there are voting members on commissions in other cities. Mayor Harycki asked City Attorney Magnuson to research the issue. Motion by Councilmember Cook, seconded by Councilmember Polehna to table consideration of Ordinances 1013 and 1014 until the February 1, 2010 meeting. All in favor. Possible adoption of resolution amending Downtown Parking Commission By -Laws It was agreed to table this item until the issue of voting membership of Council representatives is decided. Motion by Councilmember Cook, seconded by Councilmember Polehna to table this issue until the February 1, 2010 meeting. All in favor. Possible approval of a contract for parking ramp cleaning services Community Development Director reviewed the proposals for cleaning services for the parking ramp. He noted the $345 per parking space per year that needs to be generated in revenue by the ramp includes custodial services as well as maintenance and cleaning service for the ramp decks if needed at a later date. He reviewed where the request for proposals were advertised and stated letters were sent to all cleaning services listed in the local phone books. He stated that two bids were received with the low bid submitted by St. Croix Boat & Packet. The Parking Commission reviewed the bids and recommended St. Croix Boat & Packet with the additional recommendation that the City try to negotiate with the company to accept credit for future parking as payment for services. Mayor Harycki said he thought such an arrangement would be good for the first year, but not once the ramp begins to generate revenue so as to avoid the impression the City is giving away parking spaces at no cost. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -21, approval of 2010 -2011 Contract for Parking Ramp Tower Cleaning Services, and using parking space credits as payment for one year. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible 2010 Publications and Fee Schedule City Clerk Ward noted the Council should adopt fees for services /publications on an annual basis. She stated there are a few changes proposed, indicated in red on the agenda information, which are based on department head input. Page 9 of 12 City Council Meeting January 19, 2010 Mayor Harycki verified that the pawn broker fee does not include local jewelry stores purchasing used gold. Councilmember Cook asked how often the fees are reviewed; City Administrator Hansen said the fees are reviewed on an annual basis. Councilmember Cook stated she would be voting no to be consistent with her previous vote on the parking ramp fees, which she disagrees with. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2010 -22, Fees for Services /Publications 2010. Ayes: Councilmembers Gag, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook Contract List with Bid /No Bid & Amounts City Administrator Hansen reviewed the list of contracts and the recommendations for bid or no bid. He said there has been significant progress in the direction of Council to rebid as many contracts as possible; he spoke to a number of contracts that have been rebid recently and that the results have been good. Councilmember Gag said it would be good if some process was in place documenting the quality of work of the various contractors. Possible approval of agreement with Washington County for the transfer of 62nd Street (Resolution -Roll Call) Public Works Director Sanders noted the agreement includes portions of two streets, 62 " Street and Oxboro Avenue, and noted that Oak Park Heights has already signed off on the agreement. He said the agreement as proposed; Washington County would take over all maintenance responsibilities and is planning upgrades to the streets. On a question by Councilmember Cook, Mr. Sanders stated that Stillwater does not have any utilities in the portions of the streets covered by the agreement. Motion by Councilmember Gag, seconded by Mayor Harycki to adopt Resolution 2010 -23, approving the agreement between the City of Stillwater, the City of Oak Park Heights and the County of Washington on the Jurisdictional Transfer of Certain Roads within the City of Stillwater and the City of Oak Park Heights. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 10 of 12 City Council Meeting January 19, 2010 COUNCIL REQUEST ITEMS Beyond the Yellow Ribbon Update— State Plan Councilmember Polehna said he was looking for someone to chair a welcome home event for returning troops as he will be unable to do so due to an upcoming knee surgery. It was noted the first of the troops are scheduled to arrive home Jan. 24. Councilmember Polehna suggested publicizing an invitation to join in welcoming the troops home. It was also noted that welcome home banners should be in place for the first of the returning troops. Councilmember Polehna suggested scheduling a mid -year evaluation for City Administrator Hansen. It was agreed to schedule the evaluation for the second Council meeting in February. STAFF REPORTS (continued) City Clerk Ward reminded the Council that its next meeting will be Monday, February 1. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Cook to adjo at 9:35 p.m. All in favor. Ken I-ioWi, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2010 -12, directing payment of bills Resolution 2010 -13, approving Washington County Cooperative Fire Protect Agreement Resolution 2010 -14 commending Susan Moore for 14+ years of service to the City of Stillwater Resolution 2010 -15 commending Katherine Rogness for 11 + years of service to the City of Stillwater Resolution 2010 -16, approval of agreement for professional services with Collaborative DesignGroup Page 11 of 12 City Council Meeting January 19, 2010 Resolution 2010 -17, a resolution approving the Preliminary Plat and Final Plat for Lake Hill Acres Case No. 2009 -49. Resolution 2010 -18, a resolution approving the Lake Hill Acres Development Agreement, as amended. Resolution 2010 -19, resolution receiving report and calling hearing on 2010 Street Improvement Project (Project 2010 -02) Resolution 2010 -20, accepting bid and awarding contract for Washington Ave Mill & Overlay Project (Project 2009 -10) Resolution 2010 -21, approval of 2010 -2011 Contract for Parking Ramp Tower Cleaning Services, and using parking space credits as payment for one year. Resolution 2010 -22, Fees for Services /Publications 2010. Resolution 2010 -23, approving the agreement between the City of Stillwater, the City of Oak Park Heights and the County of Washington on the Jurisdictional Transfer of Certain Roads within the City of Stillwater and the City of Oak Park Heights Ordinance 1012, an Ordinance Amending Stillwater City Code Section 31 -300 District Boundaries. Page 12 of 12