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HomeMy WebLinkAbout2010-03-16 CC MIN", , a �e� q TY ►LACE Of ■IEYEEYIA CITY COUNCIL MEETING March 16, 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 Fire Chief Glaser 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 Polehna, seconded by Councilmember Roush to approve the March 2, 2010, regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Resolution 2010 -49, Certificate of Appreciation — water samples from Lily Lake — Tom Koontz Mayor Harycki read a certificate of appreciation (resolution 2010 -49) recognizing Tom Koontz for his volunteer efforts taking water samples at Lily Lake, thereby saving the City money and providing a clean water lake for the residents of the community. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -49, certificate of appreciation to Tom Koontz. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Chuck Hass would like to express appreciation for council's recognition of Beyond the Yellow Ribbon program. Chuck Haas, representing the Hugo Yellow Ribbon Network, expressed appreciation for the City of Stillwater's Yellow Ribbon group and Councilmember Polehna's efforts in hosting nearly 100 members of the returning 34 Infantry's Red Bull Division for a pheasant hunt at the Wild Wings shooting preserve in City Council Meeting March 16, 2010 Hugo. He also thanked the many volunteers and businesses in Stillwater who helped make the event a success. Councilmember Polehna referred to custom designed hats donated by Heritage Embroidery for the event as well as the sponsor signs that were displayed; Councilmember Polehna and Mr. Haas also recognized Councilmember Gag's efforts in securing the sponsor posters. OPEN FORUM There were no public comments. STAFF REPORTS Police Chief Gannaway noted there have been a number of vehicle break -ins recently. He noted that in most instances, the vehicles were unlocked, and he urged residents to lock their vehicles at night. Fire Chief Glaser provided his biweekly report and also presented his department's annual report. He briefly highlighted some aspects of the annual report, including services provided, numbers of calls, and some demographic trends, a mapping of call locations within the City, budget and grant applications, serious events, and some 2010 anticipated activities. City Clerk Ward referred to her written activities report. She noted that commission appointments are due in May and letters will be sent to those whose terms expire May 1; the City will be advertising for vacancies. She stated staff is preparing a spring newsletter, the only newsletter for this year. She also stated the City's web site is being updated, and the process of digitizing City records is continuing. She told the Council the primary election has been moved to August 10, so preparation and work on the primary election begins at this time; she noted filing dates have been changed to May 18 -June 1, with absentee voting to begin June 25- August 9. Ms. Ward said she is currently recruiting election judges and making other preparations, including a change in polling places, from Trinity Lutheran to Ascension Episcopal Church, due to a conflict with the new election schedule. Community Development Director Turnblad highlighted three items from his activity report — the Comprehensive Plan status, development of a voucher system for the parking ramp, and building permit activity. Public Works Director Sanders provided the Council with a flood update. He stated the National Weather Service has predicted the river will go to 686, so Jersey barriers will be installed as a precautionary measure. He said 10,000 sandbags were ordered and volunteers have been helping fill the sandbags. On a question by Mayor Harycki, Mr. Sanders said people wishing to volunteer can call to see if additional help is needed. Mr. Sanders said due to the weather, staff has started street sweeping citywide and also has started patching potholes. He also indicated that Tom Koontz has volunteered to do water sampling at Lily Lake for an additional year. City Administrator Hansen stated he had met with representatives of four of the six labor groups whose contracts are up in 2010. He said the general contact has Page 2 of 8 City Council Meeting March 16, 2010 been cordial with most of the groups. He said he will have a presentation on benchmarks at an upcoming meeting. Councilmember Cook said she found that written activity reports very helpful and wondered if the complete reports were posted on the website. City Clerk Ward responded that the minutes of the various committees and commissions are posted on the website, the department staff reports are not posted. Councilmember Cook said she thought it would be good if the staff reports are available on the website also; City Administrator Hansen said staff would look into doing that. CONSENT AGENDA 1. Resolution 2010 -50, directing payment of bills 2. Possible approval of waiver of garbage collection charges 3. Resolution 2010 -51, designation of polling places Motion by Councilmember Polehna, seconded by Councilmember Gag, to approve the Consent Agenda as presented. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Possible second reading of Ordinance 1015, an ordinance amending the Charter of the City of Stillwater. City Attorney Magnuson stated this item was brought to the attention of the Charter Commission by the City Clerk who pointed out that the publication of the summaries of City Council meetings as required by the Charter is something that might be a needless expense in this day and age, and since the minutes are published on the website once approved by the City Council, the minutes are available to the public in a more complete form than anticipated by the Charter provision when it was enacted. The Charter Commission reviewed the issue and recommended to the Council that this ordinance be adopted, to do away with the requirement for the publication of the summary of the minutes in the official newspaper. He stated an ordinance to change the Charter requires a unanimous vote of the full Council; he also noted that, if approved, it will not be effective for 90 days to provide time for a potential petition. City Clerk Ward said the potential savings amounts to couple hundred dollars a month in publication costs. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Ordinance 1015, an ordinance amending the Charter of the City of Stillwater. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 3 of 8 City Council Meeting March 16, 2010 Possible adoption of Findings of Fact relating to possible second reading of Ordinance 1016, amending City Code Section 38 -1, Public Nuisances by declaring outdoor wood boilers a public nuisance and prohibiting them in the City of Stillwater. City Attorney Magnuson said the findings, which he reviewed, were prepared by Planner Pogge and are very well done. Community Development Director Turnblad suggested that if the ordinance is adopted, the order of motions be to approve the findings of fact first, followed by adoption of the ordinance. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2010 -52, approving findings of fact conclusions and order relating to Ordinance 1016, an Ordinance Amending the Stillwater City Code Section 38 -1, Public Nuisances. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Ordinance 1016, amending City Code Section 38 -1, Public Nuisances by declaring outdoor wood boilers a public nuisance and prohibiting them in the City of Stillwater Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Update of budget cuts City Administrator Hansen said he had issues that require action at this time, with Councilmember Gag regarding hi s item back at the next Council meeting. no update. He said there are no burning and that he had not had a chance to talk concerns. He said he would bring this NEW BUSINESS Possible appointment to Joint Cable Commission City Clerk Ward informed the Council that Mr. Tim Press has expressed an interest in serving on the Joint Cable Commission. Councilmember Roush said this applicant would be filling the vacancy of the resident representative on the Commission. He asked if an interview had been conducted. City Clerk Ward stated the City does not interview applicants for this Commission. There was discussion as to why interviews are not conducted. City Clerk Ward pointed out this Commission is part of a joint powers agreement with two other cities, with representatives from the various cities serving on the body, not just the City of Stillwater. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -53, appointment to Joint Cable Commission Page 4 of 8 City Council Meeting March 16, 2010 Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of skidsteer replacement Public Works Director Sanders said the City has an opportunity to replace its existing 2008 machine with a 2010 model for a cost of $2,000. He said the tires on the current machine need to be replaced at a cost of about $800 - $1,000. In addition and that the new machine would include a complete one -year warranty on all parts and labor. City Administrator Hansen said he supports the request as being very cost - effective. On a question by Councilmember Cook, Mr. Sanders listed the various functions of the machine, which is utilized by parks, streets and sewer departments. Motion by Councilmember Gag, seconded by Councilmember Polehna, moved approval of the requested skidsteer. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Discussion of possible repealing of the pool /fence ordinance and reverting back to the original ordinance Community Development Director Turnblad explained that prior to 2005; all swimming pools had to be enclosed by a fence with self - locking gates. In 2005, an ordinance was adopted that allowed pool covers as a safety barrier. He said Councilmember Roush has asked about reverting back to the previous ordinance requiring fencing of pools. Councilmember Roush said the pool covers deteriorate over time, and it is possible a person could fall through the cover. Councilmember Roush said the automatic closing covers in question are also problematic; he talked of a problem he had with his cover that would have left his pool open for more than a week if he didn't have fencing in addition to the cover. Councilmember Roush said for the general public's safety, he believes it is imperative to have fences around pools, also speaking of water that accumulates on the covers. The resident of 170 Interlachen Way Court, Stillwater, asked the Council to reconsider the pool fence ordinance, expressing a concern about an in- ground pool in her neighborhood that is not fenced. She said she felt the current ordinance is not sufficient to ensure the neighborhood safety. She also noted during discussion that the current ordinance does not specify the type of pool cover nor are there any time requirements for when a cover must be in place. Mayor Harycki asked about pools built under the current ordinance. City Attorney Magnuson said if this is considered a zoning matter, consideration has to be given to vested rights. If this is a public safety or nuisance sort of issue, Mr. Magnuson said it may be lawful to require pools be retrofitted. Mr. Magnuson noted there will be a lot of people who have strong feelings on this issue; he Page 5 of 8 City Council Meeting March 16, 2010 suggested getting additional community input before preparing any possible ordinance language. On a question by Councilmember Roush, Community Development Turnblad said he could check building permits to get some kind of idea of how many pools might be impacted by a change in ordinance. Councilmember Polehna agreed with the need to get more public input. It was agreed to have a public hearing regarding a possible ordinance change at the next Council meeting. Council discussion on Lift Bridge strategies. Mayor Harycki noted that the week prior to the Council meeting, a judge had ruled in favor of the Sierra Club's lawsuit. He invited Jennifer Severson, executive director of the Chamber of Commerce, to participate in the discussion with the Council. Mayor Harycki listed several options that he has heard mentioned, such as removal of parts of the river from the National Scenic Waterways Act; posting signs at Manning Avenue warning of "congestion ahead, use alternate routes "; petitioning Minnesota Department of Transportation (MnDOT) to abandon Highway 95 in downtown Stillwater, which he noted can't be done as MnDOT will not maintain the lift bridge unless it is connected to a state trunk highway. Ms. Severson said the Chamber has been looking at ways to be proactive in supporting the new bridge project and that the Chamber is looking at a coalition of communities and businesses on both sides of the St. Croix to come together to support the project. She said the Chamber would continue to look at options; she said the court decision doesn't change the need for the new bridge and the impact of the project on the communities along the river. Mayor Harycki suggested inviting County representatives, Chamber representatives and other stakeholders to a 4:30 workshop session at the first meeting in April. Mayor Harycki talked about stepping up enforcement on the bridge. Councilmember Cook said she thought the City needs to explore other options as well; she recommended asking the Traffic Committee to come up with some recommendations regarding actions that can be done now, such as removing some parking spots on Main Street, having an officer directing traffic at peak times, etc. She also suggested going to the Parks Commission regarding projects that can done in Lowell Park, noting that projects have been put off for years waiting for the new bridge. Councilmember Polehna noted the lawsuit was against the National Park Service, not with MnDOT or the City. City Attorney Magnuson pointed out that in the last lawsuit, 10 years ago, the judge stopped the project for the same reason — that the National Park Service had not done a 7A analysis regarding the visual impact on the values for which the river was designated a National Wild and Scenic Riverway. Councilmember Polehna suggested the City needs to focus its efforts on getting the National Park Service to complete the necessary report. Councilmember Page 6 of 8 City Council Meeting March 16, 2010 Polehna agreed with Councilmember Cook about getting moving on the Lowell Park improvements; he suggesting talking with the City's congressional delegation regarding both the bridge and levee wall projects. Mayor Harycki asked Mr. Turnblad and Mr. Sanders to put together a recap of some of the funds escrowed for Lowell Park improvements. Ms. Severson reiterated the need for working together on the issues. Councilmember Polehna said he and a number of guests attended a play downtown recently and that the streets /sidewalks were disgusting. He asked Ms. Severson if there is some way downtown merchants could be encouraged to sweep sidewalks. Ms. Severson said she would pass that message along. Councilmember Cook asked if official action is required to direct the Traffic Committee to look at recommendations as she suggested earlier. Mr. Sanders said he would bring that to the Traffic Committee's attention. Special Event Committee discussion. Councilmember Cook said it is taking the Committee longer than anticipated, with a lot of participation on the part of all the Committee members. Councilmember Gag said he thought the group was about 80% of the way to completing its task, and that he thought the outcome would put staff and future councils in a better position. Mayor Harycki asked if promoters /sponsors of the various events would be brought in for discussions before the group makes its final recommendations. Possible appointment to Heritage Preservation Commission City Clerk Ward stated interviews were held for the vacancy on the Heritage Preservation Commission, and the interview committee has recommended the appointment of John Brach to fill an unexpired term ending May 1, 2010. On a question by Councilmember Polehna, Ms. Ward stated that Mr. Brach would have to go through the interview process again if he desires to be reappointed when the term expires May 1; it was agreed to make the appointment effective May 1. Motion by Councilmember Cook, seconded by Councilmember Polehna to adopt Resolution 2010 -54, a resolution approving an appointment to the Heritage Preservation Commission. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 7 of 8 City Council Meeting COUNCIL REQUEST ITEMS March 16, 2010 Councilmember Cook asked about the status of the marathon. City Administrator Hansen said a letter would be sent to Mr. Eckberg stating that unless certain items are completed, the City would exercise Section 21, allowing the City to cancel the event. Mr. Hansen said Mr. Eckberg does have an agreement approving the event, so the most the City can do is exercise its right under Section 21. He said Mr. Eckberg is aware of the City's position and that he would copy Councilmembers on the letter sent to Mr. Eckberg. Councilmember Cook asked about the status of the energy audit. Mr. Hansen said he hasn't had any further communication regarding the audit for several months. Councilmember Cook asked about painting of the light poles outside of Terra Springs. Mr. Sanders said he would contact Xcel Energy regarding that issue. ADJOURNMENT Councilmember Polehr 8:30 p.m. All in favor. Attest: Aie�� 4 Diane F. Ward, City Clerk Resolution 2010 -49, certificate of appreciation to Tom Koontz. Resolution 2010 -50, directing payment of bills Resolution 2010 -51, designation of polling places Resolution 2010 -52, approving findings of fact conclusions and order relating to Ordinance 1016, an Ordinance Amending the Stillwater City Code Section 38 -1, Public Nuisances Resolution 2010 -53, appointment to Joint Cable Commission Resolution 2010 -54, a resolution approving an appointment to the Heritage Preservation Commission Ordinance 1015, an ordinance amending the Charter of the City of Stillwater Ordinance 1016, an Ordinance Amending the Stillwater City Code Section 38 -1, Public Nuisances Page 8 of 8