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HomeMy WebLinkAbout2010-06-15 CC MIN11 ; - i I Water IMF EINTN ►LACE Of MIEN EEO►A CITY COUNCIL MEETING June 15, 2010 REGULAR MEETING Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Gag, Cook, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE 7 :00 P.M. Mayor Harycki and members of the Fire Department led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Cook, seconded by Councilmember Polehna to approve the May 14, 2010, Special Meeting minutes and the June 1, 2010, regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Human Rights Award Presentation Councilmember Polehna presented the annual Human Rights Award to Nancy Berven for her efforts in promoting awareness of human rights. Ms. Berven expressed her appreciation for the recognition. Stillwater Firefighter's Relief Association Presentation Fire Chief Glaser gave a presentation related to the Stillwater firefighters Relief Association -- its relation to the City, the goals of the Association and board of trustees, staffing and retention issues, and financial history. City Council Meeting June 15, 2010 The presentation highlighted the fact that 80% of the Stillwater Fire Department staffing is by paid, on -call personnel; Chief Glaser spoke to the issues of retention of the experienced on -call staff. The presentation noted that the Stillwater Relief Association has not requested any municipal contributions and is strictly funded through state aid fire funding. The presentation included a proposal from the Relief Association Board of Trustees to close the $800 gap between the Relief Association approved benefit of $5,000 and the City ratified benefit of $4,200 over a three -year period. Councilmember Roush asked about the issue of continued state fire funding. Councilmember Cook asked how the Relief Association arrived at the $5,000 amount; Chief Glaser said that was determined by what was available in the fund in order for the portfolio to be fully- funded. An explanation of state statues related to the funding ratios and benefit increases was provided. Councilmember Roush, ex- officio member of the Association Board of Trustees, said he was convinced the increase was justifiable based on the staffing concerns. City Administrator Hansen said he did support an increase in the state guaranteed benefit amount in 2006, because the request at this time due to the current budget crisis and economic climate. He stated that he did not think the City is in the position to guarantee anybody any additional values /benefits. Mayor Harycki said he thought the proposal was something that should be considered during the upcoming budget cycle; Councilmember Cook agreed that this is not a good time to consider the request. Fire Chief Glaser reiterated that there is no City contribution into the Relief Association pension fund — it's more of insurance for the fund. Councilmember Gag, also an ex- officio member of the Board of Trustees, spoke of the importance of recruiting and retention of on -call personnel and suggested that the reward for approving the increase is greater than any risk to the City. Mayor Harycki reiterated his position that this should be looked at in the context of the City's entire budget picture. Councilmember Roush pointed out that the cost should the City have to make up any difference in the fund versus the cost of training new personnel are basically "a wash." No action was taken. OPEN FORUM No public comments Page 3 of 10 City Council Meeting STAFF REPORTS June 15, 2010 Police Chief Gannaway told the Council that he had presented a certificate of appreciation to Mark Magnan, Stonebridge Elementary School, for his efforts with Stonebridge's School Patrol. He noted Stillwater would be working with the Bayport Department on the annual Safety Camp for 1St -5th graders scheduled for August 2 -3. Chief Gannaway he plans a three - pronged approach to downtown traffic: scheduling reserves to assist on busy weekends and special events; looking at actual physical changes to downtown such as making another turn lane on Third and Chestnut, as well as changes to Water Street; and meeting with the Minneapolis Police Department to get a new perspective on how to handle special events. Chief Gannaway introduced Buzz, Stillwater's canine officer, along with handler Officer Dave Wulfing. Councilmember Cook noted that part of the traffic problems downtown are created by pedestrians; Chief Gannaway agreed and that officers have to balance vehicle and pedestrian traffic. There was discussion of truck traffic; Chief Gannaway said citizens who observe a large truck that appears to be waiting to cross the lift bridge should notify the Police Department (non- emergency number) as citations will be issued. Councilmember Gag spoke of the rash of break -ins to vehicles /burglaries and asked whether there truly is an increase in such crimes and whether it might not be time to formalize a neighborhood watch system. Chief Gannaway said the idea of neighborhood watches has been promoted numerous times over the years and two neighborhoods have asked to participate in such a program. He stated that the department would be happy to facilitate a watch program for any neighborhood interested in participating. Chief Gannaway said the main increase has been break -ins to vehicles and reminded folks to lock their cars. Councilmember Cook noted that residents in Ward 2 had initiated their own electronic watch program, notifying folks by e-mail of suspicious activity to be alert for. Councilmember Gag suggested publicity to promote such programs; Chief Gannaway said it might be possible to do something more with the electronic type program. City Clerk Ward noted the volunteer contact information has been posted on the web site. Mayor Harycki asked whether staff would be putting together a wish list of projects that volunteers might work on; City Administrator Hansen said staff is working on that. Community Development Director Turnblad gave a presentation highlighting the results of the survey of downtown businesses regarding issues with trash /dumpsters. The summary of the survey indicates that the majority of those who responded do not feel there is problem with trash /dumpsters and do not feel the City should get involved in some type of dumpster /enclosure program. The results also indicate the overwhelming majority would not be willing to pay for community dumpsters and the majority did not think the City should require Page 4 of 10 City Council Meeting June 15, 2010 businesses to build their own dumpster enclosures. The majority also did not think the City should contract with a single hauler and did not favor daily pickup. Mr. Turnblad said code enforcement people have been working in the downtown area to at least get trash containers and dumpsters off public property and that effort will be continued. He said staff is also working with the owners of "notorious" dumpster enclosures that need improving. Mayor Harycki asked whether a new business, a bar, would be required to go with a higher standard of enclosures; Mr. Turnblad responded in the affirmative and that part of the new business's proposal includes construction of a complete trash enclosure, brick to match the building with four walls and a roof. Mr. Turnblad said the attempt is that as new businesses come into town or as businesses expand, staff will work with the owners to try to take of the dumpsters and keep them out of view. Councilmember Polehna asked about the City's enforcement authority in getting dumpsters off public property; Mr. Turnblad said the City does have sufficient power. Mayor Harycki asked about the next step. Mr. Turnblad said the City had identified the most egregious of the dumpsters and has times scheduled to get those taken care of and as new businesses come into town the issues of enclosures will be addressed, so overtime things will improve. Public Works Director Sanders provided an update on the Washington Avenue project and the 2010 street improvement projects. He noted the Cayuga is gone. He said letters have been sent to residents along Long Lake regarding encroachment on City property and survey of boundaries will be done later in the summer with signage installed at that time. He said Tim Moore is working on the turf management program, which should go to the Park Board this month. Councilmember Polehna asked that staff look at 72 Street and also suggested that staff look at the condition of trees in the Manning Avenue Boulevard. Mayor Harycki thought there would be more boulevard trees; Mr. Sanders said he would look into that as well. City Administrator Hansen spoke of the good job the contractor for the Washington Avenue project is doing considering the amount of traffic on that street. City Attorney briefly addressed the issue of private encroachment on public property and that the City can always enforce its rights to the property either by ticket or injunction. Page 5 of 10 City Council Meeting June 15, 2010 Finance Director Harrison said the 2009 financial results would be presented at the first meeting in July. City Administrator Hansen noted that one of the items on the Consent Agenda is approval of the Water Board's financial statement. He said he serves as treasurer for the Water Board and has reviewed the financial statement found nothing unusual in the report and had no concerns. Fire Chief Glaser noted that the Fire and Police Departments had participated in a radio exercise with Washington and St. Croix counties and a number of other agencies testing the new 800 MHz system. He said everything went well. CONSENT AGENDA 1. Resolution 2010 -89, directing payment of bills 2. Resolution 2010 -90, accepting work and ordering final payment for Myrtle Street Ravine Project and Curve Crest Pond (Project 2009 -04 and 2009 -03) 3. Acceptance of Board of Water Commissioner's Financial Statement for period ending December 31, 2009 Motion by Councilmember Gag, seconded by Councilmember Roush to approve the Consent Agenda as presented. Ayes: Councilmembers Gag, Cook, Roush, Polehna and Mayor Harycki Nays: None PUBLIC HEARINGS No Public Hearings UNFINISHED BUSINESS Possible 2nd reading of Ordinance No. 1018 amending the Stillwater City Code Section 31 -1, Subdivision 5, entitled Establishment of Districts (Ordinance — Roll Call) Community Development Director Turnblad noted that at the last Council meeting, the Council took two actions that supported School District 834's plans to purchase the former UFE buildings to expand the Early Childhood Family Education program; those actions were the first readings of a necessary rezoning and a Comprehensive Plan amendment that would allow the rezoning. He stated the development agreement discussed at the last meeting will be part of the Special Use Permit application and will likely come before the Council at its July 6 meeting. He stated that the actions requested at this time are the adoption of the ordinance for the rezoning and approving the resolution for the Comprehensive Plan amendment. Page 6 of 10 City Council Meeting June 15, 2010 Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Ordinance No. 1018 amending the City Code, relating to the rezoning of the former UFE buildings to expand the Early Childhood Family Education program. Aye: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2010 -91, approving a comprehensive plan land use map amendment changing the future land use for property located on Greeley Street South from Industrial to Commercial. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None NEW BUSINESS Fishing from the Bridge Public Works Director Sanders said the Minnesota Department of Transportation (MnDOT) is looking at putting "no fishing" signage on the lift bridge and that the MnDOT representative did not know when the signage might be posted. City Attorney Magnuson noted the signs were up for many years and taken down during the most recent painting. He stated that historically the state highway patrol that has enforced the fishing regulations, but that enforcement is something that MnDOT may request of the City. Chief Gannaway said he did not think enforcement would be a big issue; Mr. Magnuson noted there is a real question as to how far the City's jurisdiction extends on the bridge. Members felt once the signs are posted most people will comply with the no fishing regulation. McKusick Lake Follow -up Mayor Harycki noted that at the last meeting McKusick Lake residents raised a number of concerns and Bruce Werre, of the McKusick Lake Water Association, had volunteered his assistance in several areas, specifically booming off some of the algae and putting together some barley bales. Mayor Harycki noted that a boom has been located and a resident has volunteered warehouse space for the barley bale operation. Mr. Werre spoke of some of the assistance that will be required for the barley bale operation -- baling, placement and removal. Councilmember Roush noted that when the algae is removed, phosphorus also is removed, so if this bloom of algae is removed, when the next one comes, that much more phosphorus will be Page 7 of 10 City Council Meeting June 15, 2010 removed from the lake. Mr. Werre suggested that time is of the essence as the barley takes two to three weeks to work; he also spoke of some special permits that might be required. Mr. Werre was advised to work with City staff regarding permits and any other assistance needed. Mayor Harycki noted that more information about the possibility of the use of an iron filling filter would be forthcoming. Councilmember Polehna talked about the potential to induce a blue green algae bloom if the lake is harvested; he asked if there is a plan to counteract the blue green algae should that occur. A resident of McKusick Lane noted that the proposal is not to harvest algae but to skim the algae off the top of the lake for aesthetic purposes. There was discussion about continued participation in the Middle St. Croix Water Management Organization. Mayor Harycki noted that the City contributes $32,000 a year to the Middle St. Croix WMO, yet it will be the City's responsibility to fund any project for McKusick Lake. He suggested that the $30,000+ might be better spent on actual projects than on more paper and having two or three agencies involved in surface water management. Mayor Harycki noted that pulling out of the Middle St. Croix WMO would also eliminate a situation of double taxation — paying a separate tax as a resident of the Brown's Creek Watershed and City tax to the Middle St. Croix WMO. City Attorney Magnuson noted the Middle St. Croix is a joint - powers entity; and that there is a section of state statute that allows a community to petition the Bureau of Water and Soil Resources ( BOWSER) for withdrawal of territory from a WMO. Mr. Magnuson said the petition must give grounds that the territory gets no benefit or will not receive benefit from the district; however he thought the City had such grounds. Councilmember Polehna said the City has received benefit with the Middle St. Croix helping residents install rain gardens and funding the project at Lily Lake; he also noted that the WMO has worked at education with the residents around McKusick. Councilmember Gag pointed out that Brown's Creek is a separate taxing entity. Councilmember Roush wondered whether Brown's Creek Watershed would extend the services currently provided by the WMO should the City opt out of the Middle St. Croix. City Attorney Magnuson suggested that changing the boundaries of the watershed district should be part of the petition to BOWSER. There was discussion of the City taking over as the WMO. It was agreed to schedule another joint meeting with Brown's Creek to discuss these issues and contact BOWSER regarding possible withdrawal from the WMO. Page 8 of 10 City Council Meeting June 15, 2010 Councilmember Gag said he would like to see some information regarding the financial implications of taking over the WMO duties. Mr. Werre added that Middle St. Croix has worked with residents to install rain gardens around McKusick, but noted that Brown's Creek Watershed District provides those same kinds of services; he agreed with Mayor Harycki about the possible benefit of withdrawal from the WMO. Possible appointment to Board of Water Commissioners Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2010 -92, Appointment of Adam Nyberg to the Board of Water Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible acceptance of bids and awarding contract for 2010 Seal Coating Public Works Director Sanders said bids for the seal coating project were opened June 3. He said the bid received was for $272,842, which included the communities of Stillwater, Oak Park Heights, Baytown Township, Stillwater Township and Bayport. Stillwater's cost would be $106,000 and that $100,000 was budgeted for seal coat. He said approval of the bid is sought, with staff to monitor quantities to keep the cost within the $100,000 budgeted. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -93, accepting bid and awarding contract for 2010 Street Sealcoat Project (Project 2010 -04). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Swimming pool covers Community Development Director Turnblad noted that several months ago the Council held a public hearing regarding swimming pool enclosures that led to the formation of a discussion group to look at the issue. He said the group has met twice and was unable to come to a unanimous opinion as to whether safety pool covers are sufficient by themselves but did reach consensus on a number of items. The group agreed that from this point forward, pools need to have safety enclosures — 48" high and impenetrable — and also agreed that owners of legal non - conforming pools (without fences) should be allowed to have those for a certain amount of time, such as until the sale of home. Page 9 of 10 City Council Meeting June 15, 2010 Mr. Turnblad noted it is difficult to enforce something tied to change of ownership and City Attorney Magnuson recommended that a notice be filed with the chain of title that states the pool cover was non - compliant and that a fence would have to be added within a certain amount of time. Mayor Harycki asked how many non - conforming pools there are; Mr. Turnblad said there could be as many as 14. Councilmember Roush noted the real issue is whether or not to grandfather the non - compliant pools and what type of grace period should be allowed to implement the new requirement for fences should the non - compliant pools not be grandfathered. There was discussion about parental responsibility and the makeup of the discussion group. Motion by Councilmember Gag -, seconded by Councilmember Roush to send the issue to the Planning Commission for public hearing and recommendation to Council. COMMUNICATIONS /REQUESTS Mayor Harycki noted that Peter Cox would be leaving the Gazette; the Council wished him well. COUNCIL REQUEST ITEMS Councilmember Polehna reported on the activities of the Yellow Ribbon Network. He stated a joint meeting would be held with the Lake Elmo group. He said a Black Hawk helicopter will land in Lowell Park as part of the 4 of July festivities. He noted the Red Bulls would be serving as grand marshals of the Lumberjack Days parade. ADJOURNMENT Motion by Councilmember Roush, seconded by Councilmember �Po . o adjourn at 9:08 p.m. All in favor. Mayor AT ST: Diane F. Ward, City Clerk Page 10 of 10 City Council Meeting June 15, 2010 Resolution 2010 -89, directing payment of bills Resolution 2010 -90, accepting work and ordering final payment for Myrtle Resolution 2010 -91, approving a comprehensive plan land use map amendment changing the future land use for property located on Greeley Street South from Industrial to Commercial Resolution 2010 -92, Appointment of Adam Nyberg to the Board of Water Resolution 2010 -93, accepting bid and awarding contract for 2010 Street Sealcoat Project (Project 2010 -04) Ordinance No. 1018 amending the City Code Page 11 of 10