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HomeMy WebLinkAbout2010-02-01 CC MINl l ater IRE 1111TH ►LACE OF NIIHEIOTA CITY COUNCIL MEETING February 1, 2010 REGULAR MEETING Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Cook, Polehna, Roush and Mayor Harycki Absent: Councilmember Gag 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 OTHER BUSINESS Phase 3 Levee Project - Brett Coleman, Corps of Engineers 4:30 P.M. Mr. Brett Coleman, representative of the Corps of Engineers, provided Council with an update on the proposed levee project, and has completed most of the Engineering Document Report (EDR). He stated that currently the Corps does not have all the money to complete the project ($8M) and presented estimated costs of various projects that could be done with the $2.31VI which is only federal money. The Council expressed concern that the estimated costs by the Corps were being estimated so high that the project wouldn't be feasible. City Administrator Hansen stated that Congress and the State of Minnesota have stated that the City cannot ask for more money until the City has spent what it has. On a question from Mayor Harycki, Mr. Coleman stated that construction would be in 2011. Integrated Emergency Management Course — Deb Paige Washington County Emergency Manager Ms. Deb Paige, Washington County Emergency Management Manager, presented Council with an opportunity to attend an Integrated Emergency Management Course City Council Meeting February 1, 2010 being offered by FEMA. She stated that the County has received a grant so that the program is built to enhance /improve the emergency management in the City, therefore it is important to include elected and appointed officials in this course. It was the consensus of the Council that whoever was interested would submit their name to City Administrator Hansen and he would forward the information to Ms. Paige. STAFF REPORTS Mayor Harycki asked if spot checks are still being done on the semi - trucks going across the bridge. Chief Gannaway responded in the affirmative. Fire Chief Glaser reported on 2 fire incidents during the last weekend in January. He also reported that he and Chief Gannaway attended the Urban Area Security Initiative at Washington, which received $330,000 of grant funding distributed throughout the County. He stated that they have had several meetings regarding the Stillwater Marathon. Councilmember Polehna thanked City Clerk Ward for organizing the banners for the Welcome Home for the Red Bulls. City Clerk Ward stated that it is was a cooperative effort between Public Works, Washington County, and Specialty Signs. Community Development Director Turnblad reported that the restrooms are now open in the parking ramp. He also stated that the ramp is approximately 1 14 full. He also reported that he will be preparing a response to the recent article on the Shoddy Mill being placed on the Stillwater Barge property. He stated that this was requested by Mn /DOT and the DNR. Public Works Director Sanders provided an update on the Shoddy Mill transfer, and that it may happen in the fall of 2010 and in place by the end of the year. He reminded the Council that there is a neighborhood meeting on Thursday, February 4, 2010, at 7:00 p.m., relating to the 2010 Street Improvement project. City Administrator Hansen reported that the Legislature convenes February 4. He stated that he will be watching, in contact with the League during the Legislative session, and it may be possible that the recently approved 2010 budget will have to be amended, but does not know to what extent. Mayor Harycki recessed the meeting at 5:49 p.m. Page 2 of 11 City Council Meeting RECESSED MEETING Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Cook, Polehna, Roush and Mayor Harycki Absent: Councilmember Gag Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of January 19, 2010 regular meeting minutes. February 1, 2010 7:00 P.M. Councilmember Cook provided a correction to the minutes on Page 7 under the feasibility report for 2010 Street Improvement relating to traffic as stated below: "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 is a mill and overlay, there are limits on what can be done, because most traffic calming features are more closely related to a reconstruction 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." Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the minutes as corrected. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Gail Nordstrom Day Mayor Harycki read the proclamation dedicating February 13, 2010 as Gail Nordstrom Day in recognition for almost 20 years of service as the children's librarian. OPEN FORUM There were no public comments. Page 3 of 11 City Council Meeting CONSENT AGENDA February 1, 2010 1. Resolution 2010 -24, directing payment of bills 2. Possible approval to purchase firefighter turnout gear 3. Possible approval to purchase radio pagers and associated accessories 4. Possible approval of Utility Billing Adjustments 5. Possible approval of Pay Equity Report Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the Consent Agenda. Ayes: Councilmembers Cook, Roush, Polehna and Mayor Harycki Nays: None PUBLIC HEARINGS 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. (Tabled from 1/19/2010 meeting) Community Development Director Turnblad reviewed the appeal and action of the Planning Commission regarding Mr. Grant LaForce's request for a variance to allow a recently constructed lean -to on his garage to remain in place. This lean -to is located two feet from the side property line. He stated that the Planning Commission did not find a justification for the variance or a hardship. Mayor Harycki opened the public hearing. Grant LaForce, 641 Hidden Valley Court, stated he is appealing the decision of the Planning Commission. He felt that it was denied because the original report was incorrect, which stated that a 10 foot setback was required, when in fact, it was a 5 foot setback that is required. He explained that the lean -to was built basically to accommodate a pass through from the front of his house to the backyard, so that he is able to get his boat and trailer in and out during various times. He stated that it is that size because there is a 15 year old oak tree, approximately 20 feet in front of the lean -to and sits approximately 5 -8 feet off the property line, which would make it difficult to maneuver a vehicle and trailer in and out of the backyard. He stated that the required building setback is three feet and that he is only a foot off of that. He also stated that Code allows 1,000 sq. ft. of garage space and no more than a three car garage. He stated that with the lean -to and the double car garage, he has only 896 sq. ft. He explained that he cannot use one of his other single car garages because he stores building materials from his job. He continued that the City informed him that he would get a citation if the materials were outside. He stated that another reason he built the Page 4 of 11 City Council Meeting February 1, 2010 lean -to is that he has couple of vehicles, one being restored, and his work vehicle, and since the other garage was used for materials, he needed more room. He stated he was aware that if a building is any closer than three feet it has to be fireproof. He confirmed that he would be willing to fireproof the wall to the Fire Codes so if there ever was a fire for any reason it could be contained within that lean -to. Mayor Harycki asked if the house next door was owned by the people living there, or if it was owned by a management company. Mr. LaForce stated that Cates Construction owns it. Councilmember Polehna asked if the floor was cement or dirt. Mr. LaForce stated that there is a cement slab but no foundation, and that it is mainly used for a pass through to the back yard. Councilmember Polehna asked how it was built without going through the City Building Department and following the Codes of the City in the first place. Mr. LaForce responded that he had talked to the Building Official and that a building permit was not needed for a lean -to. Councilmember Polehna stated he wanted to make sure that this wasn't something that had already been built and then requesting forgiveness later. He stated that he has received calls from neighbors. Councilmember Polehna asked about moving the tree which would allow Mr. LaForce to meet the requirements. Mr. LaForce responded that there would be problems which would be the cost of moving the tree, where to move it to, and, if he did reduce it to 8 feet it would be too narrow to open a car door. He stated that it is open on each end and supported by the wall. Councilmember Polehna stated that he felt that a lean -to was more of a carport than a garage, and what Mr. LaForce has now is an open ended garage. Mr. LaForce stated that the wall was built to support the roof and for protection against the elements. Councilmember Roush asked if Mr. LaForce's business is to the point where some of the commercial goods should be at a commercial storage facility. Page 5 of 11 City Council Meeting February 1, 2010 Mr. LaForce stated that his business isn't big enough to absorb the cost of storage of the materials for his businesses. He also explained his reuse and recycling of the items. Councilmember Cook asked Community Development Director Turnblad if it was true that inaccurate information was presented to the Planning Commission. Community Development Director Turnblad explained that in the staff report it had stated a 10 foot setback, actually if it's an attached garage. For any building besides an attached garage, it is 10 feet, but there is a footnote that states if it's an attached garage it's five feet. He stated that the correction was made at the Planning Commission meeting with an oral statement. Councilmember Cook asked about the requirement of a three foot setback. Community Development Director Turnblad responded that the Building Code for fire protection purposes wants to see a 6 foot separation for certain kinds of structures, so from a Building Code standpoint, three feet is the absolute minimum amount for any kind of structure. He stated that the Zoning Code is a different set of regulations, which looks at things besides just public safety. It looks at a number of other issues, and therefore the Zoning Code says five feet and the Building Code say no less than three feet. Councilmember Cook asked if there was a fence between the properties and if that met the Fire Code. Fire Chief Glaser responded that there is always concern when things are close together. Fire can escape from the area of origin, and the closer together things are, the more it can cause problems. Councilmember Polehna asked about the business license. Community Development Director Turnblad explained that Mr. LaForce has a Home Occupation permit, which is specific about what can or can't be done. Essentially, as long as in this case there aren't any outside employees, materials aren't stored outside, and not more than 300 sq. ft. of the home is used for purposes of home occupation. He stated that if Mr. LaForce outgrows his property, he would have to bring it back into compliance, and that at this time he believes Mr. LaForce is in compliance. After considerable discussion on the issue of reducing the size of the lean -to, the Zoning Code and the Building Code differences, and removing the wall, Mr. LaForce responded that he would be willing to meet the Building Codes, the three foot. He stated the back is at 3 Y2 feet and the front is at 2 feet, because of the shape of the lot, but if he is allowed to adjust it a foot, he could live with that. He also stated that if he had to make that wall fireproof, he would like to leave the wall there itself, but move it so Page 6 of 11 City Council Meeting February 1, 2010 it is parallel three feet to the lot line. He stated that if he had to meet the Zoning Code, he felt he would have to take the matter to court. Councilmember Cook stated that she would like to know definitively whether or not Mr. LaForce needed a permit to build a lean -to. Mr. Turnblad responded that he would find that out from the Building Official. Motion by Mayor Harycki, seconded by Councilmember Polehna to deny the request and direct staff to prepare findings of fact to be acted upon at the February 16, 2010 meeting. Ayes: Councilmembers Cook, Roush, Polehna and Mayor Harycki Nays: None UNFINISHED BUSINESS Downtown garbage follow -up Community Development Director Turnblad asked what the options were for screening or getting the trash out of public view in the downtown area. Mr. Turnblad presented two areas for Council consideration regarding tweaking the City's existing Codes. One was through the Design Review Guidelines, and the other through a Special Use Permit. Mayor Harycki felt that making something required during these economic times would put hardships on the businesses and he would prefer not to do that. Mr. Jeff Johnson, vice -chair of the Heritage Preservation Commission, reviewed the HPC process and suggested that maybe it should be tied to a review of a sign for a new business, because the commission sees that more than a remodel. Community Development Director Turnblad stated that there is really not a connection between the sign — trash connection. Councilmember Cook stated that she felt that the issue goes past the aesthetics into public health and safety. She did state that when changes come before the HPC, there should be a mechanism to require the trash issue to be taken care of. She felt that maybe in the summer months there could be a daily pickup during the busiest part of the season. Councilmember Roush felt that the overall costs for daily pickup would be less because the number of trash dumpsters would be reduced. Mr. Johnson also suggested the possibility of issuance of business licenses and tie the trash enclosure with that license. Page 7 of 11 City Council Meeting February 1, 2010 It was the consensus of Council to use Option 3, tweaking current Codes, finding out the amount of haulers, availability of daily pickup, and test the waters for daily pickup by contacting the Chamber and the IBA. Community Development Director Turnblad stated that he will discuss with the Planning Commission on language for tweaking the Code relating to trash, and bring their recommendations along with the additional information requested. NEW BUSINESS Possible first reading of ordinance 1013, an ordinance amending the City Code by amending 430 -1 Garbage and Rubbish City Attorney Magnuson reviewed the proposed ordinance relating to the request of Lego team from Rutherford Elementary School regarding a safety issue concerning the placement of garbage cans on collection day. Motion by Councilmember Roush, seconded by Councilmember Polehna approving the first reading of Ordinance 1013, an ordinance amending the City Code by amending §30 -1, Garbage and Rubbish, with the second reading being done on February 16, 2010. Ayes: Councilmembers Cook, Roush, Polehna and Mayor Harycki Nays: None Possible approval of dock permit for St. Croix Boat & Packet (Resolution — Roll Call) Councilmember Roush requested that the Downtown Parking Commission review the parking ramifications of the application. Motion by Mayor Harycki, seconded by Councilmember Cook to table the approval of the dock permit to the March 2, 2010 meeting. All in favor. Possible approval of Special Events and Agreements for Downtown Art Fairs (Spring & Fall) (Resolution — Roll Call) Community Development Director Turnblad reviewed the special events and agreements related to the Spring and Fall Art Fairs. He stated that there are no changes in the agreement from previous years. Motion by Councilmember Polehna, seconded by Mayor Harycki to adopt Resolution 2010- 25, approval of the 2010 Rivertown Art Fair (Spring) and 2010 Fall Colors Fine Art & Jazz Festival Agreements. Ayes: Councilmembers Cook, Roush, Polehna and Mayor Harycki Nays: None Information on voting Councilmembers on Commissions /Committees /Boards Page 8 of 11 City Council Meeting February 1, 2010 City Attorney Magnuson stated that the City Charter is silent on the subject, but Minn. Stat. §412.111 authorizes the City to create departments and advisory boards for the proper management of its affairs But that no statute controls whether a council person is entitled a vote on a board that the council creates. He stated the staff lawyers at the League of Cities found nothing directly on point nor did their search reveal a pattern of practice in other cities. He stated that the City code allows any person aggrieved by any committee to appeal that decision to the City council. It would mean that a council person that voted in committee could have their credibility challenged on appeal and recommended that voting not be allowed, but it was up to the Council. Councilmember Roush expressed concern about Councilmembers not voting on Joint Board etc. City Attorney Magnuson stated that the Joint Board, Watershed District and Joint Cable are Joint Powers entities and would not be a part of non - voting issue. Motion by Mayor Harycki, seconded by Councilmember Polehna directing staff to provide information on the impacts on the Planning, Park and Recreation and Downtown Parking Commission based on the no vote option. All in favor. Possible Awarding of Contract for Annual Sprinkler and Alarm Testing (Resolution — Roll Call) City Administrator Hansen reviewed the bids for the annual sprinkler and alarm testing. He felt that is was significant savings and that Deputy Chief Ballis did a great job in bidding out these items. Motion by Mayor Harycki, seconded by Councilmember Roush to adopt Resolution 2010 -26, approving contract with Escape Fire Protection for fire suppression system annual testing and approving contract with EFS for alarm system annual testing. Ayes: Councilmembers Cook, Roush, Polehna and Mayor Harycki Nays: None Possible Authorization of Certified Local Government Grant Application through the Minnesota Historical Society Community Development Director Turnblad reviewed the request for the Certified Local Government Grant. He stated that with this grant, staff would be applying for a Legacy Grant to cover the required match for the CLG grant, therefore the cost to the City would be in -kind staff time and HPC members. Motion by Councilmember Polehna, seconded by Councilmember Cook adopting Resolution 2010 -27, authorizing the Certified Local Government Grant Application through the Minnesota Historical Society. Page 9 of 11 City Council Meeting February 1, 2010 Ayes: Councilmembers Cook, Roush, Polehna and Mayor Harycki Nays: None Discussion on interview process for Downtown Parking Commission City Clerk Ward stated that there were three applications for the Downtown Parking Commission, and being that there was no Council Representative on the Commission asked how the Council wished to proceed. She also stated that Councilmember Gag has indicated that he would help with the interviews, and that normally the chair of the commission also interviews. Councilmember Cook stated that she would be willing to be Councilmember Gag's backup. It was the consensus of the Council that interviews would be held by Councilmember Gag, Chief Gannaway and the Chair of the Downtown Parking Commission. COUNCIL REQUEST ITEMS Councilmember Polehna thanked the community for welcoming the troops home and that the rest will be coming home shortly. Mayor Harycki stated that when the buses came through town the people in the Mad Capper came out of the establishment to welcome them home. Councilmember Cook asked what will be the next step in the levee issue and whether another meeting would be needed. City Administrator Hansen stated that lobbying at this time would not be productive at this time because until the City spends the money that it has we won't get anymore. Councilmember Polehna suggested that the City be proactive and keep this issue on the radar of the representatives. Mr. Hansen stated that there may be some flexibility at the state level outside the normal 12% area with the City and the State partnership and spend the remaining funds and that he has been told it is a possibility. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember C po to adjourn at 8:39 p.m. Ken J0 cki, Mayor ATTEST: Diane F. Ward, City Clerk Page 10 of 11 City Council Meeting February 1, 2010 Resolution 2010 -24, directing payment of bills Resolution 2010 -25, approval of the 2010 Rivertown Art Fair (Spring) and 2010 Fall Colors Fine Art & Jazz Festival Agreements Resolution 2010 -26, approving contract with Escape Fire Protection for fire suppression system annual testing and approving contract with EFS for alarm system annual testing Resolution 2010 -27, authorizing the Certified Local Government Grant Application through the Minnesota Historical Society Page 11 of 11