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HomeMy WebLinkAbout2010-02-16 CC MIN • vae TIFF IIITIFFIFCF OF ■IIFIFFIIFIA CITY COUNCIL MEETING February 16, 2010 REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:00 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 Assistant Fire Chief Ballis Police Chief Gannaway Public Works Director Sanders Assistant Engineer Kraftson City Clerk Ward Administration Secretary Manos PLEDGE OF ALLEGIANCE Students from Rutherford Elementary School led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Councilmember Roush pointed out scrivener's errors in the February 1, 2010, minutes as follows: • Page 6 "coach" should be "cost" • Page 8 under St. Croix Board & Packet permit, he asked that his request to have the Parking Commission review the ramifications of the application be added to the record. Councilmember Cook asked that her statement on Page 7 be clarified to indicate that certain requirements may require daily pickup during the busiest part of the season. Motion by Councilmember Roush, seconded by Councilmember Polehna, moved approval of the February 1, 2010, regular and recessed minutes with the above noted corrections. All in favor. City Council Meeting February 16, 2010 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Stillwater Girls Swimming & Diving Team Day Mayor Harycki read a proclamation in honor of the state Class AA champion Stillwater girls swimming and diving team, declaring February 17, 2010, to be Stillwater Girls Swimming and Diving Team Day in the City of Stillwater. Coach Brian Luke expressed his appreciation to his coaches and to the Council for its recognition. Councilmember Polehna expressed his appreciation to Coach Luke for his efforts in developing good athletes and good citizens. Resolution 2010 -28, Certificate of Appreciation — Stillwater Hockey Association Mayor Harycki read a resolution expressing the City's appreciation to the Stillwater Hockey Association for its efforts in construction of the outside skating rink at the Recreation Center. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -28, certificate of appreciation — Stillwater Hockey Association. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Robert Kaufman, representing the Stillwater Hockey Association, expressed his appreciation to the City for its assistance in bringing the project to fruition. Councilmember Polehna commended Recreation Center Manager Doug Brady and Public Works staff, including Tim Moore, for their efforts in the project. Resolution 2010 -29, Certificate of Appreciation — Cub Foods Mayor Harycki read a resolution for a certification of appreciation for Cub Foods for its support of the City's Beyond the Yellow Ribbon campaign supporting military troops and their families. Motion by Councilmember Polehna, seconded by Councilmember Cook to adopt Resolution 2010 -29, certificate of appreciation — Cub Foods for its support of the Beyond the Yellow Ribbon Campaign. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Chuck Lynch, representing Cub Foods, thanked the Council for the expression of appreciation and also for the City's efforts at being recognized as a Yellow Ribbon Community. Stillwater Bicycle Criterium — June 20, 2010 - Andrew Dahl Oliver Vrambout, Stillwater coordinator for the Nature Valley bike races, described the event. On a question by Mayor Harycki, City Administrator Hansen stated that the agreement with the race organizers is basically the same as last year's agreement. Page 2 of 12 City Council Meeting February 16, 2010 Councilmember Roush asked whether the vendor cooking grills would be charcoal or propane. Assistant Fire Chief Ballis said the grills are propane and are inspected by the Fire Department prior to the event. Councilmember Roush asked about the arrangement for paying costs associated with police and fire efforts, whether the City would be subsidizing some of those costs. City Administrator Hansen said the arrangement is the same as last year — the event organizers pay $1,000 for costs incurred by the Police Department, Public Works Department and Fire Department, which he agreed does not cover the full cost, but was something the Council had agreed to the past. Mr. Hansen said there is also an impact fee of $1 per participant paid to the Chamber for beautification projects. Councilmember Roush asked for an estimate of the actual cost to the City; Mr. Hansen said he would estimate that cost to be about $8,000. Mayor Harycki noted that the discussion last year was on forming an events task force to look at the whole impact of the use of City resources for events and to develop a standardized policy moving forward. Councilmember Gag pointed out that last year the City implemented the $1,000 fee and the participation fee. City Administrator Hansen noted that the event organizers donate any profits to the Children's Hospital Hospice and that he thought that was a factor in the Council's previous decisions related to this event. Mayor Harycki suggested that pending the events task force recommendations, the agreement be renewed with the understanding that there will likely be changes next year; he also suggested that negotiations be initiated earlier to avoid 11th -hour discussions. Motion by Mayor Harycki, seconded by Councilmember Polehna to approve the special event application and proposed contract as presented. Councilmember Polehna asked that organizers look at parking arrangement for racers, perhaps having them stage out of Stillwater Junior High. Mayor Harycki suggested directing City staff to work with organizers regarding parking for participants. Councilmember Cook inquired about having officers provide traffic directions at several locations, speaking of problems with congestion last year; Police Chief Gannaway said organizers pay for four officers and all reserves work the event. Mayor Harycki amended his motion to include directing staff to work with event organizers to develop a parking plan for race participants. Councilmember Polehna agreed to amend the second to the motion. Councilmember Roush said he was in favor of the event but would have to vote against the agreement because he is vehemently opposed to the City paying $8,000 to sponsor an event like this. Councilmember Cook said she would be voting in favor partly because of the work of the special events committee to treat everyone fairly and make sure residents aren't covering costs of events, but yet recognizing that such events are an opportunity for residents as well. Page 3 of 12 City Council Meeting February 16, 2010 Motion to adopt Resolution 2010 -42, approving contract for the 9 Annual Nature Valley Grand Prix - Stillwater Criterium contract and the staff directive for parking of racing participants. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None OPEN FORUM There were no public comments. STAFF REPORTS Police Chief Gannaway informed the Council the newest member of the Police Force, a 15- month -old German Shepherd named Buzz, had arrived and would begin canine training next month. Community Development Director Turnblad reported on revisions to the Comprehensive Plan update subsequent to the Metropolitan Council's response that the plan was "incomplete." He said the revisions do not affect any of the goals, policies, objectives or programs, but were only minor changes involving the addition of a lot of maps and charts. He said the Planning Commission has reviewed the revisions and recommended that the Council approve the revisions for submission to the Met Council. There was discussion of the amount of staff time required to accomplish the revisions. Motion by Councilmember Polehna, seconded by Councilmember Gag, moved to approve the revisions /additions as submitted. All in favor. Public Works Director Sanders gave the preliminary forecast for flooding of the St. Croix River, a forecast of very little chance of major flooding of the river. He said he would provide updates at future meetings and that staff has been talking with various contractors to ensure equipment is available should it be needed to deal with any flooding problems. Councilmember Cook asked about snow removal in the downtown area; Mr. Sanders responded that removal would begin the evening of the Council meeting. Mayor Harycki asked if any removal is done in residential areas; Mr. Sanders responded residential removal is limited to areas where catch basins are covered up or there is ice buildup on sidewalks /streets that affect the safety of the public. Councilmember Polehna suggested the Council ought to be more aggressive in pursuing federal funding for the levee project; it was agreed to add this issue to a 4:30 agenda item. City Administrator Hansen reported that Governor Pawlenty has proposed additional cuts to cities and if the Governor's proposal is followed, the City will lose the remainder of its local government aid, $183,000, and all of its market value homestead credit reimbursement, $374,993, a total Toss of $558,000 over what was just cut a few months ago. He said he had met with Finance Director Harrison and identified areas when the City might be able to handle about Page 4 of 12 City Council Meeting February 16, 2010 $300,000 in reductions; and that he would be back to the Council in the coming weeks with additional cuts to ensure a balanced budget. Mayor Harycki asked that this be put on the 4:30 agenda of the March 2nd meeting. CONSENT AGENDA Councilmember Cook asked that item No. 6 be pulled for discussion. 1. Resolution 2010 -30, directing payment of bills • a - 3. Resolution 2010 -32, approval of total system support service policy with Cardinal Tracking, Inc. 4. Resolution 2010 -33, approval of software license agreement with Cardinal Tracking, Inc. 5. Resolution 2010 -34, approval of storm water maintenance agreement with Brown's Creek Watershed 6. Resolution 2010 -35, approval of Stillwater Area Public Schools partnership - Police and Fire Motion by Councilmember Gag, seconded by Councilmember Polehna, moved approval of the Consent Agenda minus No. 6. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Regarding Item 6, Councilmember Cook said she would like some discussion of the need for the contract. City Administrator Hansen said the City has had this contract for years; the forester provides answers to residents' questions about tree issues and goes out to homes or businesses if needed. Mr. Hansen said he might have cut this service from the budget but with the threat of emerald ash borer did not think that would be prudent at this time; he noted that when the forester reviews a development project, those costs are charged back to the developer. Councilmember Cook said there are other services that will provide the same advice /recommendations for free, and she suggested that rather than a contract, the City consider a more limiting arrangement. Public Works Director Sanders noted that the forester works with staff and has also offered to train staff in proper tree trimming and that the forester is a value not only to citizens but to public works staff for tree care. Mayor Harycki noted the contract is something of a time and materials agreement already; he noted the City could cut the hours back and limit it to the 12 hours for emerald ash borer, for example. Councilmember Roush suggested the contract could be passed but not utilized; City Administrator Hansen said the City could choose not to utilize some of the services, but in would not be fair to the person in question not to utilize any of the services, as she needs to budget her time. Councilmember Gag said he would be voting to deny the contract due to the upcoming state cuts. Page 5 of 12 City Council Meeting February 16, 2010 Councilmember Polehna noted the County used to perform these services but no longer does so, and spoke of the value of the services and threat posed by emerald bash borer. Mayor Harycki suggested sending the contract back and reducing the amount by eliminating seminars, some hot -line services, etc. City Administrator Hansen said he would try to re- negotiate the contract in view of that suggestion. PUBLIC HEARINGS 2010 Street Improvement Project. Assistant Engineer Kraftson reviewed the highlights of the project, including the streets proposed for reconstruction and those proposed for mill and overlay. He also described some of the utility work to be completed in conjunction with the project. He reviewed the proposed financing and assessment policy. He noted the total estimated cost is $1,762,000, just under the project budget of $1,772,000. He noted two neighborhood meetings were conducted and highlighted some of the concerns raised during the meetings — water main breaks, sewer backups, location of rain gardens, the possibility of a marked bike lane in the Oak Glen area, and elimination of a center stripe on Oak Glen Trail; he briefly talked of how each of those concerns was addressed. He also reviewed the proposed project schedule. Mayor Harycki asked about the process of recycling on the mill and overlay streets; Mr. Kraftson said a two -step recycling process is utilized. Mayor Harycki noted last year street project bids came in very low and wondered if consideration had been given to extra streets that may be included in this year's project depending on bids. Mr. Kraftson said last year's bids were used for this year's estimate and that he didn't think there would be significant changes, however staff could have suggestions for adding streets should bids warrant that. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Gag said the public meetings were well attended and residents' concerns addressed. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2010 -31, ordering improvement and preparation of plans & specifications for the 2010 Street Improvement Project (Project 2010 -02). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS Possible second reading of Ordinance 1013, an ordinance amending the City Code by amending §30 -1 Garbage and Rubbish This discussion was moved to the Petitions portion of the agenda to accommodate the students' schedules. Mayor Harycki welcomed the Twizbots Page 6 of 12 City Council Meeting February 16, 2010 from Rutherford Elementary School, noting that about a month previous, the students had approached the Council with a recommendation to amend the City's ordinance to more clearly define where garbage should be placed on pickup days; he noted the suggestion came about as a result of a competition the students participated in, a competition in which the Twizbots placed first in the state. Mayor Harycki described the process for amending an ordinance and read the ordinance amendment. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Ordinance 1013, an ordinance amending the City Code by amending §30 -1 Garbage and Rubbish Ayes: Councilmembers Cook, Gag, Roush and Mayor Harycki � g, Y rY cki Nays: None The students' advisors thanked the Council for their support. Councilmember Polehna suggested sending a copy of the ordinance to the students. Possible approval of findings of fact relating to denial of request 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 City Attorney Magnuson said the findings of fact were prepared by Community Development Director Turnblad and he found them very specific to the facts that were introduced at the public hearing and consistent with the Council's straw vote taken at the last meeting to deny the variance request. Motion by Councilmember Polehna, seconded by Councilmember Cook to adopt Resolution 2010 -36, Adopting Finding of Fact Conclusions and Order Relating to Denial of Request 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, Mr. LaForce stated he did not see the findings of fact. It was agreed to hold this discussion open until Mr. LaForce had an opportunity to review the findings. When the discussion resumed, Mr. LaForce stated he felt he should have been noticed or provided a copy of the findings prior to the meeting. City Attorney Magnuson noted this is not a public hearing; the public hearing took place at the last meeting when the Council decided to deny the variance. Mr. LaForce said the Council did not deny the variance but decided on finding of fact. Mr. Magnuson stated the Council gave direction to staff to prepare findings consistent with the decision /straw vote to deny the variance. Mr. LaForce said he was told it was a finding of fact before a decision was to be made. Mr. Magnuson said the findings of fact follow the direction the Council gave at the last meeting - a straw vote to deny the variance. Mr. La Force said there are several inaccuracies in the findings of fact that he would like to address, or have his Page 7 of 12 City Council Meeting February 16, 2010 lawyer address. Mr. Magnuson said an appeal would be to the District Court. Mr. LaForce reiterated his position that he should have received the findings of fact prior to the meeting; City Attorney Magnuson explained why that was not necessary. Mayor Harycki asked the Council whether it wished to proceed. Councilmember Polehna noted that if Mr. LaForce disagreed with the findings of fact, the appeal would have to be to the Court. Mr. LaForce asked that the Council give him time for rebuttal of the findings. Councilmember Roush said he would not be opposed to giving time for rebuttal. Councilmember Gag pointed out this is the City's findings of fact and called for a vote. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Discussion on Outdoor Wood furnaces Community Development Director Turnblad reviewed a proposed ordinance amending City Code related to public nuisances, which makes outdoor wood burners a public nuisance and thereby prohibited. He said the proposal could be changed to provide for a grandfathering of existing outdoor wood boilers, should the Council so desire. Mr. Turnblad asked for direction on whether the Council wished to provide for grandfathering of existing appliances before the language is refined for public hearing. Mayor Harycki asked about effective date of a new ordinance. City Attorney Magnuson said it would be effective upon publication but the Council could provide some time for people to abate a nuisance and could do so in the ordinance language. Mayor Harycki said based on the phone calls and letters he has received, he would adopt the ordinance as a nuisance without a grandfathering clause. Motion by Mayor Harycki, seconded by Councilmember Gag to adopt Resolution 2010- 37, a resolution calling for a public hearing on amending Stillwater City Code Section 38 -1 Public Nuisances and directing staff to prepare an ordinance that declared outdoor wood furnaces to be a nuisance, and without any grandfathering provision. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Councilmember Roush said he felt City staff dealt with the resident who has a permit for a burner in good faith, but based on the overwhelming feedback the Council has received, this clearly is a nuisance. Page 8 of 12 City Council Meeting February 16, 2010 NEW BUSINESS Possible 1st reading of Ordinance 1014, and adoption of resolution relating to Council representatives voting on commissions City Clerk Ward reviewed the impact and actions required to change the voting status of Council representatives on the various commissions. Mayor Harycki said based on legal guidance provided at the previous meeting, it would make sense to have all the commissions in alignment with council representatives serving as non - voting members. Motion by Councilmember Cook, seconded by Councilmember Polehna, to approve the first reading of Ordinance 1014 and Resolution 2010 -38, Resolution Amending Resolution 2009 -95, 2008 -36 and 92 -249 Establishing Downtown Parking Commission and Bylaws Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Information from Charter Commission relating to publication of proceedings according to City Charter City Attorney Magnuson reviewed his memo related to the Charter Commission's recommendation that the Council change the Charter to eliminate the provision requiring the City to publish minutes or summary of minutes in the official newspaper. He noted the provision is costly in terms of the City Clerk's time and in expense of publication. He noted that after approval by the Council, minutes are posted on the City website. Mayor Harycki asked about the cost of publication; City Clerk Ward responded the cost is about $250 per month. Mr. Magnuson noted that the Charter Commission recommended that the Charter be changed by ordinance to eliminate the requirement. He stated the ordinance to change the Charter would require a unanimous vote of the Council, and he pointed out that if the Council decided not to pursue the recommendation, the Commission would simply withdraw its request as the Commission does not want the issue put on the ballot due to the cost of referendum elections. It was noted that this change would apply to the summary of Council minutes only, as there are statutory requirements for publication of legal notices, such as public hearings, etc., Mr. Magnuson suggested that this requirement has been outdated by modern technology. Motion by Councilmember Roush, seconded by Councilmember Cook to approve the first reading of Ordinance 1014, an ordinance amending the City Code by changing Commission Regulations. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 9 of 12 City Council Meeting February 16, 2010 Possible approval of temporary easement — Mn /DOT City Administrator Hansen stated MnDOT has requested a temporary easement for when the lift bridge is converted to pedestrian /bicycle traffic only. He said for long -term use, he believed the City should be reimbursed for the use, but for small, temporary uses such as this, the City has not been asking for any reimbursement. Councilmember Cook asked when MnDOT might actually be using the easement. Mr. Hansen said depending on the TIGER grant funding, it could be after 2013 until the property is used. City Attorney Magnuson noted this is due to federal sensitivity to the use of any parkland. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2010 -39, approving temporary easement in Lowell Park relating to Lift Bridge Conversion Project S.P. 8217- 4654D. Possible directory and information kiosk in parking ramp Mayor Harycki said this proposal came from a recent Chamber of Commerce event and would take the proposal to the CVB for possible funding. On a question by Mayor Harycki, Community Development Director Turnblad said he thought the proposal should go to the Downtown Parking Commission for input; he noted the special events task force has also looked at similar suggestions for the ramp and other locations. Possible approval of Minnesota Cultural Heritage Grant application for Phase III of Stillwater Heirloom Homes & Landmark Site Program Community Development Director Turnblad requested approval for a grant application to fund the third phase of the Heirloom Homes and Landmark Site program. If approved, the City's match for the $7,000 grant will be staff, HPC time, postage, etc., no cash requirement. He said the grant, if approved, will become the match for a CLG grant. Motion by Councilmember Roush, seconded by Councilmember Cook to adopt Resolution 2010 -40, authorizing the Minnesota Cultural Heritage Grant for Phase III of the Stillwater Heirloom Homes & Landmark Sites Program funded through the Minnesota Historical Society. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 10 of 12 City Council Meeting February 16, 2010 Possible appointments to Downtown Parking Commission (Resolution- Roll Call) City Clerk Ward informed the Council the Downtown Parking Commission held interviews for the two vacancies on the Commission and is recommending the appointment of Aimee Pelletier and Sherri Hopfe Franke. She stated the Commission felt there were enough at -large representatives on the Commission and the appointment of these two applicants associated with downtown businesses would balance out the Commission. She noted if appointed, Ms. Pelletier's term would expire May 1, 2012, replacing the Council representative, and Ms. Hopfe Franke's term would expire May 1, 2011, replacing the unexpired term of Michael Rice. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2010 -41, appointments to Downtown Parking Commission. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Beyond the Yellow Ribbon Update Councilmember Polehna said this is why he had Cub Foods representatives at the meeting earlier as Cub provided steaks for the returning veterans, as well as cookies and beverages for the various welcome home activities. He stated Cub is also helping sponsor the pheasant hunt. He also thanked staff for putting up the welcome home banners and all the citizens who turned out to welcome the troops home. ADJOURNMENT to executive session for performance review Motion by Councilmember Cook, seconded by Councilmember Roush, to adjourn to executive session at 8:57 p.m. All in favor. Ken Harycki, Mayor Attest: 4.,,,,c_11.160421t4 Larry D. Hansen, Acting City Clerk Resolution 2010 -28, certificate of appreciation — Stillwater Hockey Association. Resolution 2010 -29, certificate of appreciation — Cub Foods for its support of the Beyond the Yellow Ribbon Campaign Resolution 2010 -30, directing payment of bills Resolution 2010 -31, ordering improvement and preparation of plans & specifications for the 2010 Street Improvement Project (Project 2010 -02) Page 11 of 12 City Council Meeting February 16, 2010 Resolution 2010 -32, approval of total system support service policy with Cardinal Tracking, Inc. Resolution 2010 -33, approval of software license agreement with Cardinal Tracking, Inc. Resolution 2010 -34, approval of storm water maintenance agreement with Brown's Creek Watershed Resolution 2010 -35, approval of Stillwater Area Public Schools partnership - Police and Fire Resolution 2010 -36, adopting finding of fact conclusions and order relating to denial of request 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 Resolution 2010 -37, a resolution calling for a public hearing on amending Stillwater City Code Section 38 -1 Public Nuisances Resolution 2010 -38, resolution amending Resolution 2009 -95, 2008 -36 and 92- 249 Establishing Downtown Parking Commission and Bylaws Resolution 2010 -39, approving temporary easement in Lowell Park relating to Lift Bridge Conversion Project S.P. 8217 -4654D Resolution 2010 -40, authorizing the Minnesota Cultural Heritage Grant for Phase III of the Stillwater Heirloom Homes & Landmark Sites Program funded through the Minnesota Historical Society Resolution 2010 -41, appointments to Downtown Parking Commission Resolution 2010 -42, approving contract for the 9 th Annual Nature Valley Grand Prix - Stillwater Criterium Ordinance 1013, an ordinance amending the City Code by amending §30 -1 Garbage and Rubbish Page 12 of 12