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HomeMy WebLinkAbout2010-04-06 CC MIN Met TOE OIITOIl10E OF ■IIUEIOTA CITY COUNCIL MEETING April 6, 2010 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad City Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the March 2, 2010, regular and recessed minutes. All in favor. OTHER BUSINESS Joint Partnership Discussion with Washington County Sheriff's Dept. Sgt. Cusick and Sheriff Hutton of the Washington County Sheriff's Department talked about an air boat project and the possibility of a cooperative agreement to house one of the craft at the Stillwater Fire Department. Sheriff Hutton said the details of the agreement, such as risk management, would be worked out moving forward, and said he thought this would be a great opportunity for the fire service /rescue and the Sheriff's Office. Motion by Mayor Harycki, seconded by Councilmember Cook, to support the joint partnership with the Sheriff's Department for the housing of the air boat. All in favor. Discussion about Friday & Saturday Night Venues of Lumberiack Days. Dave Eckberg requested that the Council approve waiving the park pass fee on Friday night of this year's Lumberjack Days celebration, noting the economy is still less than robust. He indicated that the Suburbs would be the featured band on Friday, and that organizers would be willing to forgo the $6.50 it would receive from the usual $10 admission pass. Mr. Eckberg asked that the City approve forgoing its share, $3.50, so admission would be free on Friday only. Mayor Harycki said he would support the proposal, noting that the revenue might be made up as Chicago will likely be a big draw for the Saturday night concert. City Council Meeting April 6, 2010 Councilmember Gag asked City Administrator Hansen if he would be comfortable with the proposal. Mr. Hansen stated that he and Mr. Eckberg have discussed the proposal, and he is in agreement that the revenue from Chicago will be a very good draw, and providing the free admission on Friday is something good to give back to the citizens. On a question by Mayor Harycki, City Attorney Magnuson said the change, if approved by the Council, could simply be a one sentence addendum to the contract with the Lumberjack Days organizers. Motion by Councilmember Gag, seconded by Councilmember Polehna, to approve waiving the Friday night park pass for Lumberjack Days for one year only. All in favor. Directional Signs for Downtown Parking Lots. City Planner Pogge reviewed a new way- finding signage program for downtown parking lots. He reported that the plan was developed in response to the new parking ramp and addresses all of the downtown parking Tots. He indicated that new signs for the parking lots were installed about five years ago, but the way - finding signage has not been updated for about 10 years, and that cost for the 14 signs is about $52 each; signs would be made by the Public Works Department. Mr. Pogge pointed out that the Downtown Parking Commission has reviewed and approved of the plan. Councilmember Polehna asked if other quotes had been received to make the signs; he also asked whether the funds would come from the Parking Commission fund. Mr. Pogge said other quotes could be solicited if the Council desires and stated funding will be from the Parking Commission budget. On a question by Councilmember Cook, Mr. Pogge said there will be signs at Main and Commercial Streets, directing traffic to the new parking ramp. Motion by Councilmember Polehna, seconded Councilmember Roush to approve the plan as presented, with staff to determine the best way to procure the signs. All in favor. Councilmember Roush said he has heard a number of citizens expressing concern about the lack of parking for boat trailers in the downtown area. Police Chief Gannaway said there is no trailer parking downtown as there is no room; he noted that trailers take up two parking spots. Chief Gannaway said the closest available trailer parking are at the marinas north of town. Chief Gannaway said parking for the boat trailers becomes problematic and that no other river towns allow parking of boat trailers in their dedicated downtown district. Discussion of Possible Solar Panel Ordinance. City Planner Pogge reviewed information regarding how other communities regulate of use solar panels. He reported that there are basically three approaches: have no standards /regulations; require attached panels to follow setbacks and maximum height of the principal structure; and typically require free - standing solar panels to follow the regulations applicable to accessory Page 2 of 15 City Council Meeting April 6, 2010 structures, with perhaps some additional regulations regarding height and screening. Mr. Pogge noted a copy of the City of Woodbury's new ordinance was included in the packet. Woodbury's is one of the most comprehensive ordinances that he has looked at. Mr. Pogge asked for direction on how to proceed. He noted that currently there are both attached and free - standing solar panels in use in the City. Mayor Harycki said in previous discussions, the intent has been that the City does not want to adopt regulations to prohibit the use of solar appliances, but to encourage the use in a manner that fits in with the historical view of Stillwater. Mayor Harycki asked whether any other communities have used the design approach in regulating solar panels. Planner Pogge said that to his knowledge, no community has used that approach. Mayor Harycki suggested starting with Woodbury's ordinance and having the Heritage Preservation and Planning Commissions look at the issue in the next several months. Community Development Director Turnblad suggested that at the same time staff could look at the various technologies available. Councilmember Polehna agreed with referring the issue to the Heritage Preservation and Planning Commissions for their input and recommendations; he suggested that staff contact Todd Fink, a professor at Century College, who is very knowledgeable of the various technologies. It was agreed to refer the issue to the Heritage Preservation and Planning Commissions for their consideration over the next several months. STAFF REPORTS Fire Chief Glaser thanked the Council for its support on the joint partnership with Washington County for the housing of the air boat, saying he thought this was an outstanding opportunity and resource for the City and citizens. He referred to his written report and noted a significant increase in the number of calls in the first quarter of this year. He noted that burning restrictions are still in effect. He also noted that several vehicles are out of service for repairs. City Clerk Ward said that staff is working on the newsletter and hoping it will be printed and distributed by the end of the month. She informed the Council and audience that since the weather has turned nicer, the City has had 46 peddlers from 11 companies apply for licenses; and that the peddlers are provided with a business -card size ID, and instructed that they must show the ID to anyone who requests such verification along with a photo ID. Community Development Director Turnblad referred to his memo regarding the status of the special events task force, noting that the group has completed five of the seven tasks assigned to it by the Council. The two remaining tasks are fees and deciding on what City services should be reimbursed by the various events utilizing police, fire, and public works services. Mr. Turnblad stated that once the group completes the seven tasks, it will make its recommendations at an open house when comments will be received; written comments also will be received, and that the recommendations likely will be submitted by the end of the summer. Page 3 of 15 City Council Meeting April 6, 2010 Mayor Harycki said he would like event organizers to be invited to a discussion to obtain feedback before the group is ready to make its final recommendations, or report. Councilmember Gag noted that the task force is looking at every angle and there will be public hearing on the recommendations at the Council level; he also noted that there are a number of interests represented in the task force membership. Councilmember Cook concurred with Councilmember Gag, noting that the task force is a very balanced committee; she also stated she thought the open house is an opportunity for the community in general and organizers to provide feedback prior to bringing the recommendations to the Council. Councilmember Polehna talked about the lack of a public boat launch in the area. He talked of the former launch site near the NSP plant on property owned partially by the City of Stillwater, City of Oak Park Heights, and NSP. He stated that he would like to see some kind of arrangement that would provide a public launch. City Attorney Magnuson noted that there is $1.3 million available for the DNR to purchase a replacement launch area and boat parking area because of the loss of the former site in Oak Park Heights. Mr. Magnuson said the DNR is anxious to spend the money and the money is available. Mr. Magnuson noted that several years ago, the parties attempted to negotiate for a parcel owned by Mrs. Aiple north of the marinas, but was unsuccessful. Mr. Magnuson noted that the property the City owned at the former boat launch was conveyed to MnDOT. Mr. Turnblad said staff could look into the matter again; and that the primary issue is finding a site — the funding is available. Mayor Harycki suggested the Cayuga site as a potential site. Councilmember Polehna said he would volunteer his time and efforts in pursuing a site. Public Works Director Sanders informed the Council that MnDOT is planning a mill and overlay project on Highway 96 from Stillwater to White Bear Lake. The downtown mill and overlay project will likely begin later this month and that an open house will take place Monday, April 12, 9 -11 a.m. for downtown business owners. Mr. Sanders provided information regarding money set aside for Lowell Park improvements, as requested at the last meeting. He indicated that there is $520,000 set aside for park improvement, with $375,000 set aside for a pedestrian plaza, as an extension of Commercial Street to the riverfront. Mr. Sanders informed the Council that several contractors have been working on the Cayuga trying to get the boat ashore, as well as removing fuel from the craft. He reported that the contractor has provided a quote for a hazardous materials survey of what would have to be removed prior to demolition of the boat. He asked the Council to authorize an expenditure of $3,200 for the hazardous materials survey, which will have to be completed before any demolition can take place. Mayor Harycki asked if there are any grants that might be available to help offset the costs; Mr. Sanders said he could check into that. Page 4 of 15 City Council Meeting April 6, 2010 Councilmember Polehna noted that the survey is a requirement and has to be done. Councilmember Gag said he thought it would be good to have some idea of the total risk. Councilmember Roush asked whether any of the costs might be recouped in the salvage value of the materials. City Administrator Hansen said he has asked the contractor to provide alternatives for scrapping the boat, but said he would like to proceed with the survey at this time. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the expenditure for the hazardous materials survey. All in favor. Mr. Sanders extended his appreciation to all the volunteers for their support of the flood protection efforts. Mayor Harycki acknowledged the efforts of staff and volunteers. Councilmember Roush reported that he had obtained information about the cost of buying used Jersey barriers; and that the cost of 2,000 linear feet of the barriers would be about $25,000, plus shipping. Mr. Sanders said the cost of renting the barriers this year was about $12,000- $14,000. Councilmember Polehna suggested applying for Legacy money for the levee. Finance Director Harrison informed the Council that the City has received its 20th consecutive Certificate of Achievement for Excellence in Financial Reporting for the 2008 financial report. The Council congratulated Ms. Harrison and her department for their efforts. She reported that the audit field work for the 2009 financial activity has been completed; and she expected the complete financial report to be presented to Council in mid -June. City Administrator Hansen noted that the Council would be adjourning to executive session to discuss some union contracts at the end of the regular meeting. The meeting was recessed at 5:50 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the recessed meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad City Finance Director Harrison Fire Chief Glaser Page 5 of 15 City Council Meeting April 6, 2010 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 Motion by Councilmember Cook, seconded by Councilmember Polehna, to approve the March 16, 2010, regular meeting minutes. All in favor. Clerk Ward read the schedule and location of the Open Book meetings for owners of property who wish to discuss the assessed valuation of their property. She noted property owners can attend any of the meetings. Mayor Harycki thanked the Public Works staff, staff from other departments, as well as community volunteers and downtown business owners, for all their efforts in the flood preparation. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Stillwater Girls Nordic Ski Team Day Mayor Harycki read a proclamation designating April 6, 2010, as Stillwater Girls Nordic Ski Team Day in the City of Stillwater, in recognition of the team's state championship and many other honors. Torry Kraftson spoke of the girls team accomplishments and expressed his appreciation to the City for allowing him the flexibility to serve as coach as well as the City's support and efforts at maintaining the Brown's Creek ski trails. OPEN FORUM Mike Robinson, 801 W. Pine, expressed concern of the Council's decision on Outdoor Wood Burners. CONSENT AGENDA 1. Resolution 2010 -55, directing payment of bills 2. Resolution 2010 -56, resolution declaring a State of Emergency 3. Resolution 2010 -57, approval of 2010 Stillwater Farmers Market contract 4. Possible approval of annual Gopher to Badger Marathon — Final Stretch — Special Event 5. Possible approval of annual Hope House special event 6. Resolution 2010 -58, accepting the grant acceptance from the Minnesota Historical Society Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve the Consent Agenda. Ayes: Councilmember Gag, Cook, Roush, Polehna and Mayor Harycki Nays: None Page 6 of 15 City Council Meeting April 6, 2010 PUBLIC HEARINGS This is the date and time for a public hearing to consider an amendment to the City's swimming pool ordinance. The amendment being considered would require all swimminq pools to have safety fences surrounding them, or surrounding the yard they are located within. Currently certain pool covers are allowed to serve as a pool's safety barrier. If adopted, the amendment would no longer allow pool covers to serve as a pool's safety barrier. Published in the Stillwater Gazette on March 25, 2010. Community Development Director Turnblad noted that this hearing is to consider a possible amendment to the ordinance to require fencing of swimming pools; and that language for a possible amendment would be developed after receiving public comments. He provided a brief background of the previous actions related to the issue of fencing versus safety pool covers. He stated that 14 pool permits have been issued since the Council's most recent action in 2005, allowing the use of safety covers rather than requiring fencing. He enumerated some of the safety concerns which prompted consideration of this change. He noted that two e -mails had been received, both suggesting that the automatic pool covers provide a better safety protection than a 4' fence. Mayor Harycki opened the public hearing. Jason Roettger, owner of Pool and Spa Professionals, said that he deals with pool covers on a daily basis and has seen some of the projects done with the covers and no fence. He stated that he believes maintenance issues and quality control as far as product manufacturing, along with other issues such as owner responsibility, are concerns and that he was a huge proponent of fencing of pools in conjunction with the covers. Ann Sundberg -Cies, 170 Interlachen Way Court, spoke in support of changing the pool ordinance language back to the original. She indicated that the way the ordinance language was changed in 2005 appears to be irregular, noting the time lag between the first and second readings of the ordinance amendment. She expressed concern about the vagueness of the current language regarding the type, style, and performance of pool covers or barrier; she also noted there is no provision that requires a cover to be in place when a person is not present. She stated she has found no research to support the position that a pool cover is superior to a fence. She also raised an issue related to homeowner insurance. She suggested that pools are a temptation for children and noted that drowning is one of the top causes of death of among children. She urged the City to repeal the current pool ordinance. Mayor Harycki noted the Council has taken steps to correct the procedure that resulted in the time lag, and different councils' approval of the current ordinance. Marie Lennartson, 2201 Bayberry Avenue, reported that she previously lived in a home with a pool with an 8' fence, and on numerous occasions kids climbed the fence and entered their yard. When she and her husband installed their current pool in 2005, they did research regarding safety of pool covers versus fencing and invested $8,000 in a pool cover. She stated that they are very diligent about closing their pool cover; and that they found no information where a child has drowned in pools with safety covers. She added that if the Council does pass the Page 7 of 15 City Council Meeting April 6, 2010 requirement for fencing, she would urge that they be grandfathered -in; that they believe they did the proper research; and believe that their pool cover is a better solution than a fence. Desmond Kilcoyne, 1213 Third Avenue South, spoke of the ASTM International standards and options for barrier protections for pools. He reported that without a cover meeting ASTM standards, there would have to be multiple barriers for protection of a pool. He noted that most drowning incidents occur in a person's own pool or a friend's pool while inside of a fence, however, very few drownings have occurred in pools with automatic pool covers. He asked the Council to investigate the ASTM standards, and the US Consumer Health Department survey which recommends that several options be provided to guarantee safety. He stated that utilizing a fence as the only barrier would provide a false sense of protection; and that he would recommend allowing the option of having a fence or an automatic ASTM - certified pool cover. He also noted there is an option for portable fencing. Councilmember Roush asked Mr. Roettger what happens when the automatic pool cover rope breaks, for example. Mr. Roettger stated the pool cover could stay open for two or three days should a service company not have the proper rope to repair the pool cover. Mr. Roettger said the biggest issue on serviceability of the covers is when the fabric starts to deteriorate, and said that a pool could be open for a number of days while the cover is being re- stitched. Councilmember Roush pointed out a pool cover only works when it is closed and in good shape, just as a fence and a gate only work if the gate is closed. Mr. Roettger agreed that an automatic pool cover is the best option, but said the technology hasn't been around long enough, and some manufacturers do not utilize the best technology. Councilmember Cook suggested perhaps the ordinance should address the standards for pool covers. Councilmember Polehna wondered whether there are ordinances that require temporary fencing while a cover is being repaired. Mrs. Lennartson said if her cover had to be removed to be repaired, she would drain her pool and suggested that is an option. Kevin Balfanz, 313 West Sycamore Street, said he was speaking as a certified safety professional, not as a pool owner, or in any way related to the industry. He indicated that he was surprised the ordinance had been changed from requiring fencing. He spoke of the issue of "attractive nuisance" and noted that the number one example of an attractive nuisance is a swimming pool. He reported that there are very specific standards for fences in State Statutes and Washington County ordinances for all public swimming pools. Requiring pools to have a non - climbable fence with a self - closing, latching gate is a generally recognized standard to protect public health, according to Mr. Balfanz. He noted that pool covers are a generally recognized as a secondary layer of protection used to help prevent drowning of people within the fenced area; and that both fences and pool covers would need to be properly designed, installed, and maintained. He suggested that fences still have a huge advantage for safety Page 8 of 15 City Council Meeting April 6, 2010 considering that pool covers require manual activation, whereas a fence requires no human involvement. He provided some written resources from organizations that recommend the installation of fences around residential swimming pools, including the US Consumer Product Safety Commission, Centers for Disease Control Prevention, American Red Cross, National Safety Council, National Drowning Prevention Alliance, Drowning Prevention Foundation, International Aquatic Foundation, and Association of Pool and Spa Professionals. He pointed out that some of the organizations make mention of pool covers, but as secondary layers of protection. He noted that there are more municipalities that require fencing than those that allow pool covers, and he suggested the ordinances of Burnsville and Coon Rapids as good examples. He stated that he would favor a new pool fence ordinance or at a minimum going back to the pre - 2005 ordinance. On a question by Mayor Harycki, Mr. Turnblad said staff has reviewed a number of ordinances from other communities, and that he could bring back examples of other ordinances, which may give the Council a sense of what the options are. Due to the conflicting statements in the public hearing, Councilmember Cook said she would be more interested in obtaining the best information from a safety standpoint. Mr. Roettger clarified that he would favor a fence, pointing out that no one has to be present to close a fence, while a cover has to be manually closed. Mayor Harycki asked Mr. Balfanz about the insurance industry's position regarding pools without fencing; Mr. Balfanz replied that most insurance carriers require a fence as the standard default and would likely encourage a secondary layer of protection. However, in his opinion, using underwriting guidelines as a basis to police or set standards is not very effective. Councilmember Roush said he had contacted several insurance agents regarding this issue, and they indicated that if they were to find out that a homeowner had a pool without a fence, the policy would be null and void. Mrs. Lennartson said their insurance carrier is fine with the pool cover, and she asked whether the City would be inspecting all the fences. On a question by Councilmember Polehna, Mr. Roettger said the City issues the permit and inspects the pool /fences. Councilmember Gag said he thought that from a safety standpoint, it appears there should be fences for pools, and moved to amend the zoning code to go back to pre -2005. Councilmember Roush said he would like to readdress the language of the previous ordinance before proceeding. Councilmember Roush seconded the motion for purposes of discussion. Mayor Harycki noted there is no draft of a proposed ordinance at this time and suggested directing staff to prepare proposed language for a first reading. Mr. Turnblad suggested that if there are specific changes in wording or definitions that Council would like included in the draft, those requests should be forward to him. Page 9 of 15 City Council Meeting April 6, 2010 Councilmember Roush suggested consideration might be given to topographical features, such as the bluff, where there is no public access to a pool. Councilmember Gag amended his motion to direct staff to prepare further draft language for the next meeting. Councilmember Roush amended the second. Councilmembers Cook and Polehna wondered whether the proposed ordinance would be to require fences only and no covers; Councilmembers Gag and Roush said that would be their intention. Councilmember Polehna said he would like to seek additional professional opinion. City Administrator Hansen urged the Council to give careful consideration before taking action and said staff could come back within several weeks with additional information. City Attorney Magnuson pointed out that if this is to be an amendment to the zoning ordinance, recognition must be given to non - conforming rights. Councilmember Gag rescinded his motion, as did Councilmember Roush the second. Councilmember Roush volunteered to work with staff in wordsmithing a draft ordinance. Mayor Harycki wondered about pool permits that might be applied for before a new ordinance is enacted, whether there should be a moratorium or whether applicants should be advised that fences might be required. Mr. Turnblad said staff could advise any applicants that fencing is an issue. UNFINISHED BUSINESS Discussion on problem properties City Attorney Magnuson reviewed the prior discussion of this issue and the research into the possibility of requiring the licensing and inspection of all rental properties. Since that would require the hiring of additional staff, Council gave direction to develop a policy /program that could be administered with existing staff. He indicated that the strategy then became to not include all rental properties in a program, but rather to concentrate efforts on particular properties that have become a problem for neighborhoods. He pointed out that existing state law dealing with nuisance houses, and state and local nuisance laws usually deal with houses that have gambling, drugs, prostitution, and other high crime area issues; they don't address properties that are just a bother to adjacent property owners or homes that have deteriorated so as to affect the market value of adjacent properties. He noted that the proposed ordinance attempts to define violations that occur on property, that are defined by ordinance or state law, as well as problems that arise because of traffic congestion, noisy or late night parties, gatherings that disturb adjoining property owners, unreasonable or excessive amounts of parking associated with parties, social gatherings, abusive or threatening language, or gestures by residents directed at adjacent neighbors. He reported that the proposed strategy is that when those types of problems have occurred at least three times in an 18 -month period, then that property will be placed on a problem properties List, with that decision to be made by the City Page 10 of 15 City Council Meeting April 6, 2010 Administrator in consultation with staff (community development director, chief of police and city attorney). That decision could be appealed to the City Council within 10 days. Once a property is on the problem property list, it will be the obligation of the owner to apply for a problem property license, a license that will require a deposit of an annual license fee equal to the amount of estimated City cost in dealing with the property for a year. Mr. Magnuson said there will also be an abatement program addressed by the license. The ordinance also provides that any unpaid license fees or costs can be assessed against the property in question. On a question by Mayor Harycki, Mr. Magnuson said the ordinance provides mechanisms that will ensure that violations are substantial and founded before a property is placed on the problem property list. There was discussion of the process of documenting violations and what happens when a property changes hands. Councilmember Roush said he was pleased with the proposed language and said both he and Councilmember Cook had worked with staff in developing the proposed ordinance. Motion by Councilmember Roush, seconded by Councilmember Cook to approve the first reading as presented for purposes of discussion. Councilmember Cook suggested it would be good to include some of the language of Apple Valley's ordinance that talks about protecting the health, safety and welfare of the community at large and providing a decent, safe and sanitary city, as well as language that addresses maintenance of property so it doesn't become a nuisance that fosters blight and deterioration. Councilmember Cook pointed out the intent of the ordinance is to deal with situations that pose the biggest threat to the community's standard of living. City Administrator Hansen said that including language such as the Apple Valley ordinance would result in a program the City doesn't have the manpower to enforce. Councilmember Cook said that language is to define the purpose of the ordinance only. City Attorney Magnuson said he could add more language to the purpose section of the ordinance if the Council so desires. Councilmember Polehna said he still believes the City needs to address cleaning up of yards. Councilmember Cook wondered whether the cost of the license fee should be stated in the ordinance; Mr. Magnuson said that would be set by resolution of the Council after staff provides an estimate of the cost for a particular property. Mayor Harycki invited comments from the public. Pat Wolf, 509 S. Third St., said that her neighborhood has been dealing with a problem property for several years and that she supports the language in the proposed ordinance. Page 11 of 15 City Council Meeting April 6, 2010 Julie Pawluk, 519 S. Third St., also spoke in favor of the ordinance, saying if anything, she would like the language stronger. Both described ongoing problems with the property and both expressed concern about the physical condition of the property. Ms. Pawluk asked the Council to also look at an ordinance that describes the physical condition of properties. A friend of both residents provided some ICRs (Initial Complaint Reports) issued for the property in question, saying the reports read like a "horror story." Linda Saveland, 106 Sherburne St. N., spoke of similar experiences with the property next to her. Ms. Saveland said she would like the ordinance to include some consequences, other than implied consequences; she suggested the ordinance include a minimum fee as well as address how many residents are allowed and how many vehicles are permitted, etc. Councilmember Polehna asked what would happen if a property owner doesn't comply with the licensing fee; City Attorney Magnuson stated that would be a misdemeanor. Councilmember Polehna wondered whether a stronger penalty could be imposed. Mr. Magnuson said that for the second reading of the ordinance, additional language could be added to the purpose section; other possible changes for the second reading Mr. Magnuson enumerated included: adding deterioration of maintenance as a problem, adding language related to occupancy numbers and minimum parking spaces, as well as setting a minimum fee and /or fine schedule. There was discussion about erha s having a new first reading, the decision p p 9 9� made that the discussed changes could be made for the second reading. Ayes: Councilmember Gag, Cook, Roush, Polehna and Mayor Harycki Nays: None Discussion on CGI Contract renewal City Administrator Hansen informed the Council there is a clip of the Mayor talking about the Stillwater community on the City's website. The contract for that clip expires in July, and if the Council wishes to remove the clip, 60 -days notice must be provided. Mayor Harycki noted there is no cost involved. Councilmember Gag said the only feedback he has heard is that the Chamber felt there should be some synergy with its website. Motion by Councilmember Gag, seconded by Mayor Harycki, to approve the auto renewal of the contract for the video clip. All in favor, with Councilmember Polehna not present for the vote. Page 12 of 15 City Council Meeting April 6, 2010 NEW BUSINESS Discussion on the dome turf — Recreation Center Recreation Center Manager Doug Brady informed the Council there is an opportunity to replace the turf at the field house, with the assistance of the St. Croix Soccer Club. He noted the current turf is the older technology and out -of- date. He indicated that the Soccer Club has pledged $160,000 over the next 10 years for the replacement. City Administrator Hansen said that the City had been putting aside $60,000 a year for the turf replacement and does have $240,000 already set aside; he noted that the new turf cost is estimated at $400,000, so the $160,000 commitment from the Soccer Club brings the funding to the $400,000 level. Mr. Hansen also indicated that the Soccer Club has been a very reliable partner having made a similar commitment when the facility was constructed, a commitment the Club fulfilled. Mr. Hansen said City Attorney Magnuson has put together a similar contract with the Soccer Club for the turf replacement. Mr. Brady noted this type of turf usually only lasts about 10 years and there are getting to be dead spots in the field; and that some groups have not returned because of the style of turf in the field house. Mr. Brady said the turf needs to be upgraded for the field house to remain competitive in rentals. Councilmember Polehna expressed a concern about the use of silica sand beneath the new turf due to potential health problems. Mr. Brady said some of the sand is used in all of the new fields, with rubber used on top of the sand. Councilmember Polehna asked whether the Soccer Club would be given exclusive rights and whether rental time would still be available to other groups. Mr. Brady said he has had discussions with the Soccer Club to work out a balance with other groups, but said in making the financial commitment; he felt the Soccer Club should have some priority over other groups that have not participated financially in the facility. Councilmember Polehna said he wanted to make sure that there is still time for other groups' participation; Mr. Brady said the Soccer Club is well aware of that concern. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2010 -59, approving agreement with the St. Croix Valley Soccer Club Inc. Councilmember Cook asked whether there are other groups that might participate in the funding. Mr. Brady said no other groups have come forward. Councilmember Polehna suggested possibly reusing the old turf at the outdoor ice rink; Mr. Brady said he would have to check with vendors to see if that might be possible. Ayes: Councilmember Gag, Roush, Polehna and Mayor Harycki Nays: Councilmember Cook Page 13 of 15 City Council Meeting April 6, 2010 Councilmember Cook stated her vote was not a reflection on the facility or the management but a reflection of a concern about a $400,000 payment in difficult economic times. Mayor Harycki asked about rentals of the outdoor ice rink; Mr. Brady said there were no rentals last year, but he doesn't anticipate there will be a great demand for rentals for hockey practices at this time. Possible approval to hire two (2) summer seasonal for Public Works sewer department Public Works Director Sanders said the two summer interns would primarily work in the sewer department and as needed in the parks and street departments. He noted interns are available on weekends to assist with cleanup and other duties at Teddy Bear Park and Washington Square. He indicated that the positions would be funded through the sewer fund and not part of the operating budget; and that $14,000 has been budgeted for the seasonal positions. On a concern by Mayor Harycki, City Administrator Hansen said the seasonal positions are advertised and hired according to City personnel policy. Motion by Councilmember Cook, seconded by Councilmember Polehna to approve the hiring of the two seasonal positions for the sewer department. All in favor. Possible approval of rates for parking ramp vouchers Community Development Director Turnblad reviewed the Downtown Parking Commission's proposal for parking ramp voucher prices. He reported that the Parking Commission is recommending that vouchers for the $3 parking tickets be sold, minimum of 25, at $2.75, and the $5 tickets at $4.75. Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Resolution 2010 -60, approval of rates for parking ramp vouchers Ayes: Councilmember Gag, Roush, Polehna and Mayor Harycki Nays: Councilmember Cook Changing of Canvassing Board date for August Primary Election Clerk Ward noted the canvass board must meet two days after the primary election; she asked that the canvass board meet at 8 a.m., Thursday, August 12. Motion by Councilmember Polehna, seconded by Councilmember Roush to change the canvassing date. All in favor. COUNCIL REQUEST ITEMS Councilmember Gag asked about the Post Office project and whether the design would come before the Council. Mr. Turnblad stated the design review received final approval from the Heritage Preservation Commission the Monday before the Council meeting. Councilmember Polehna said the streets /sidewalks in the downtown area have been cleaned up, and thanked the merchants and Public Works. Page 14 of 15 City Council Meeting April 6, 2010 Mayor Harycki asked if the parking committee would look at some way of preventing bridge traffic from spilling over into the neighborhoods or at least some traffic calming measures to deal with that traffic. Councilmember Polehna noted the Parks Committee would like to see the Barge Terminal property cleaned up. Mayor Harycki noted that MnDOT is looking at moving the Shoddy Mill building this summer. Councilmember Polehna said the Parks Committee was looking at cleanup of the Overlook Road to downtown; he suggested using Sentence to Serve crews and said he would assist Mr. Sanders in arranging that. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Roush, to adjourn at 9:40 p.m. All in favor. . rycki, Mayor Attest: Diane F. Ward, City Clerk Resolution 2010 -55, directing payment of bills Resolution 2010 -56, resolution declaring a State of Emergency Resolution 2010 -57, approval of 2010 Stillwater Farmers Market contract Resolution 2010 -58, accepting the grant acceptance from the Minnesota Historical Society Resolution 2010 -59, approving agreement with the St. Croix Valley Soccer Club Inc. Resolution 2010 -60, approval of rates for parking ramp vouchers Page 15 of 15