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HomeMy WebLinkAbout2010-07-06 CC MINa er 70E OIOTO1E110E Of VIIIE1171 CITY COUNCIL MEETING July 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 Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward OTHER BUSINESS No other business. STAFF REPORTS Police Chief Gannaway reported on the 4 th of July activities, stating there were no major incidents. He said this year was reportedly one of the largest crowds ever, and officers did a lot of traffic control at the end of the fireworks. Chief Gannaway reminded the community of the upcoming Safety Camp, which will take place in Bayport, August 2 -3. Councilmember Polehna thanked Chiefs Gannaway and Glaser for their assistance in allowing the helicopter to land in Lowell Park as part of the July 4 th festivities. Fire Chief Glaser stated 4 th of July also went well for his department and was busy with 26 calls of various types, including a house fire at Willard and South Fifth Street and a call for an assist by the dive team. He noted that the oldest fire truck in the fleet did not pass its pump test during the annual certification and estimated cost for repair is over $8,000. He informed the Council that the other option is to decertify the truck to a lower gallon -per- minute pumper. Another truck did not pass the test initially due to a vacuum failure, but passed after a repair. He said annual fire hose testing is taking place at this time. City Clerk Ward reported absentee voting is under way and will continue until 5 p.m. the day prior to the primary election. City Council Meeting July 6, 2010 Community Development Director Turnblad reported that the parking ramp was full as of 9:15 p.m. July 4. Councilmember Polehna asked about the status of the parking area that was part of the Maple Island negotiations, noting that someone was charging folks $15 to park there on July 4. Mayor Harycki said he noticed that as well and has asked City Administrator Hansen and City Attorney Magnuson to review the contract regarding the parking easement. Public Works Director Sanders reported on the status of the street projects. He stated he has had several meetings with the Corps of Engineers regarding the levee project. He stated that the Corps has indicated that work could start as early as April of next spring. He said MnDOT has indicated that it will be doing a traffic inspection of the lift bridge to determine where "no fishing" signs can be placed and that it might be a month or so before the signs are actually in place. He provided some conceptual sketches /plans for a boat launch at the Barge Terminal property; he noted that both plans provide spaces for 11 vehicles. Mr. Sanders said the next step would be to contact the DNR to determine whether that agency would accept the site and what its requirements are for number of spaces, paving, etc. It was consensus to have Mr. Sanders pursue the possibility of a boat launch at that site. City Attorney Magnuson noted that MnDOT has placed $1.3 million in the bank for the sole purpose of replacing the boat launch that was lost at Oak Park Heights when plans were finalized for the bridge construction. He said as soon as the City has a site that money could be used to finance the improvements. Mr. Sanders noted that the money is part of the bridge mitigation package and won't be available until the bridge is completed. Finance Director Harrison noted the audit results and financial results for 2009 would be presented at the evening session. She reminded the Council that budget workshops are scheduled for August 17, 4:30 -6 p.m., and August 24, from 4:30 to approximately 10 p.m. City Administrator Hansen stated he had received only one minor complaint regarding the July 4 events and thanked staff for their efforts. He explained that item No. 4 on the meeting's Consent Agenda regarding liability coverage is something the City does every year, noting that he doesn't think it would make sense for the City to waive its statutory liability limits. Regarding item No. 10 on the Consent Agenda, he explained that has to do with the requested energy audit for City Hall. The meeting was recessed at 4:58 p.m. Page 2 of 10 City Council Meeting RECESSED MEETING 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 Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE July 6, 2010 7:00 P.M. Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the regular meeting minutes of June 15, 2010. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Financial Statement Presentation — Tom Koop, Larsen & Allen Tom Koop of Larsen & Allen was on hand to present the audit results for the calendar year 2009. He briefly reviewed the audit process. He stated the audit results are very positive, that the financial statements are fairly stated, with no correcting journal entries required. Regarding internal controls, the audit did not note any significant deficiencies. He stated that in the Minnesota Legal Compliance audit findings, there was one small compliance issue that has been reported to the state and already corrected and that the issue had to do with a TIF district that had not been filed. He said the findings are a very positive audit result putting the City in the upper 5% or less of cities the company works with. Mr. Koop provided an overview of some trend analyses, including the general fund balance, the recreation center fund balance, the library fund balance, parks fund and enterprise fund balances. He also reviewed trends in sources of revenues and capital outlay, tax capacity, outstanding debt and legal debt margin. Regarding the enterprise fund balances, he suggested that at some point the City will need to address a sanitary sewer rate increase, given Met Council's increases. Page 3 of 10 City Council Meeting July 6, 2010 In summary, Mr. Koop reiterated that the audit results were very positive; he commended the City staff and again recommended that the City be aware of the issue with the sewer rates. Mayor Harycki asked about interim reporting and whether Mr. Koop had some best practices from other cities that he might share with the finance department; Mr. Koop stated that varies greatly from city to city, depending on how much information a Council desires on an interim basis. Mr. Koop said looking at that issue and perhaps a sample format for a "dashboard" report will be something he will be working on in the off season. There was discussion of the City's benchmark reporting. OPEN FORUM No comments were received. CONSENT AGENDA 1. Resolution 2010 -94, directing payment of bills 2. Resolution 2010 -95, appointing election judges and fixing compensation 3. Possible approval of LMCIT liability coverage waiver form 4. Possible approval of temporary liquor license for Community Action Partnership of Suburban Hennepin (Dress for Success) at Fresh Fields — July 14, 2010 5. Possible approval of temporary liquor license for Valley Chamber Chorale at the Historic Courthouse on December 10 -12, 2010 6. Possible approval of temporary liquor license for Valley Chamber Chorale at the Historic Courthouse on February 18 -20, 2011 7. Possible approval of temporary liquor license for Valley Chamber Chorale at the Historic Courthouse on December 9 -11, 2011 8. Resolution 2010 -96, actions taken and resolution adopted by consent of the Stillwater City Council of the City of Stillwater relating to the Code Section 125 Plan, Flexible Benefits Plan 9. Resolution 2010 -97, approval of agreement for energy, waste management assessment with Minnesota RETAP 10. Possible approval of utility bill adjustments Mayor Harycki asked that the contribution to the Middle St. Croix Water Management Organization be pulled from payment of bills pending the City Attorney Magnuson's report regarding the options of possibly withdrawing from the WMO. There was discussion of how the credits for utility bill adjustments are determined. Page 4 of 10 City Council Meeting July 6, 2010 Councilmember Roush asked whether election judges must all live within the City; City Clerk Ward said judges must be a Minnesota resident and registered voter. Motion by Mayor Harycki, seconded by Councilmember Roush to pull the Middle St. Croix Water Management Organization payment off the List of Bills. All in favor. Motion by Councilmember Gag, seconded by Councilmember Roush to approve the Consent Agenda minus the one bill payment. All in favor. Ayes: Councilmembers Gag, Cook, Roush, Polehna and Mayor Harycki Nays: None PUBLIC HEARINGS Case No. 2010 -20. This is the date and time for a public hearing to consider a request from Rich Schmidt for a special use permit to build within the flood plain located at 229 Main Street South in the Central Business District. Notice was mailed to affected property owners and published in the Stillwater Gazette on June 25, 2010. Mayor Harycki noted there has been a request to continue this item. Mayor Harycki opened the public hearing. Motion by Councilmember Cook, seconded by Councilmember Polehna to table this case to the July 20 meeting. All in favor. Case No. 2010 -21. This is the date and time for a public hearing to consider a request from Mark Fabel, McGough, representing Lakeview Health Systems, for a special use permit to expand the emergency department of Lakeview Hospital located at 927 Churchill Street West in the RA Single Family Residential District and the RB Two Family Residential District. Notice was mailed to affected Property owners and published in the Stillwater Gazette on June 25, 2010. Community Development Director Turnblad reviewed the request to expand the emergency department at Lakeview Hospital with six new additional beds. He said the only item that generated much discussion at the Planning Commission was the rooftop mechanical units. He noted that with certain engineering changes, the units will meet the city's noise standards; he pointed out the Planning Commission added a condition of approval that noise testing take place after installation of the units to make certain the noise standards are being met or whether additional changes will have to be made. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Page 5 of 10 City Council Meeting July 6, 2010 Councilmember Gag reviewed the Planning Commission's position and noted the Commission was unanimous in its approval with the four conditions. Mayor Harycki read the four conditions. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2010 -98, approving a Special Use Permit to Allow the Expansion of the Emergency Department for Lakeview Hospital at 927 West Churchill. Ayes: Councilmembers Gag, Cook, Roush, Polehna and Mayor Harycki Nays: None Case No. 2010 -23. This is the date and time for a public hearing to consider a request from Matthew and Bonnie Malmberg for a variance from impervious surface, garage setback, lot size and lot width regulations on a property located at 101 Lakeside Drive in the RB, Two Family Residential District. Notice was mailed to affected property owners and published in the Stillwater Gazette on June 25, 2010. Community Development Director Turnblad reviewed the request. He noted the lot size and width variances are due to the fact that this is a legal, non- conforming lot created before the City adopted the River Overlay District. Regarding impervious coverage, he noted this proposal actually reduces the amount of coverage from what currently exists and that there will be mitigation for the amount over the allowable 20% in the form of a rain garden. Regarding the garage setback, he stated in the RB District's historic neighborhoods, it is preferable that the garages are setback behind the front of the house; however, this is not an historic neighborhood and the RB setbacks can't be met on this lot, which has streets on three sides. Councilmember Roush expressed concern about the roof pitch and making this a three -story house; Mr. Turnblad noted the plans meet DNR regulations, including the height and number of stories. Councilmember Gag noted neighbors spoke in support of the plans. Councilmember Roush wondered whether this would be setting precedent for other homes in the neighborhood. Mr. Turnblad noted that the mass of the proposed plan is not excessive given the size of the lot. Councilmember Cook expressed concern about impact of neighbors' views; it was noted no one spoke in opposition at the Planning Commission public hearing. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Page 6 of 10 City Council Meeting July 6, 2010 Councilmember Cook expressed concern from a Heritage Preservation Commission view and the guidelines regarding design in keeping with a neighborhood. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2010 -99, approving variances for property located at 101 Lakeside Drive Ayes: Councilmembers Gag, Cook, Roush, Polehna and Mayor Harycki Nays: None Case No. 09 -36. This is the date and time for a public hearing to consider a request from US Home Corporation, Joe Jablonski, for final plat, final PUD and development agreement approval for 13 single family lots and 14 townhouse lots for Millbrook 4th Addition. Notice was mailed to affected property owners and published in the Stillwater Gazette on June 25, 2010. Community Development Director Turnblad noted this request relates to the first plat in phase II of the Millbrook 4 Addition. He said the development agreement covering the extension of street and utilities will come before the Council in two weeks; the request is for final plat approval only at this time. He stated the Joint Board has recommended approval. Mayor Harycki asked about the issue of establishing the turf in the park. Mr. Turnblad stated the pile of dirt has been removed and preparations are being made to make the area ready for establishment of turf. Councilmember Polehna asked about the irrigation system; Public Works Director Sanders said that will be addressed in the development agreement. Councilmember Polehna asked whether the City had established standards for the turf and would like to see those standards included in the development agreement. Mr. Sanders said the outcome of previous discussions regarding these issues is that the developer will be given the option of completing the work and supply the City with a $40,000 escrow to ensure the work is completed to the City's satisfaction or the developer will give the City $40,000 and the City will do the work; the developer will be given a timeline for completion of the work if they chose the option of completing the work themselves. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Roush reiterated that this has been previously approved by the Joint Board and this is not an additional or new project. Page 7 of 10 City Council Meeting July 6, 2010 Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2010 -100, approving the final plat for Millbrook 4 Addition. Ayes: Councilmembers Gag, Cook, Roush, Polehna and Mayor Harycki Nays: None UNFINISHED BUSINESS No unfinished business. NEW BUSINESS Possible approval to purchase of telephone system City Administrator Hansen referred to Ms. Holman's memo regarding the request. He noted planning for this was started several years ago due to NEC's decision to discontinue the system and discontinue supporting both the hardware and software by 2010. He noted that the City did begin to budget for the purchase and NEC is offering financial incentives at this time to eliminate the system. He said he does support the request. Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the requested purchase. All in favor. Possible approval of designating no parking on portion of Main Street Public Works Director Sanders said one suggestion for improving traffic flow in the downtown area is to increase the length of the right -turn lane from northbound Main to eastbound Chestnut which could improve the right turn movements at that intersection by as many as 200 vehicles per hour. In order to increase the length of the lane, four traffic spots would have to be eliminated. He stated that the recommendation is to designate no parking on the eastside of Main Street from Olive Street to 90 feet north. Councilmember Cook asked if shop owners had been notified; Mr. Sanders said there have been no conversations with business owners or the Chamber or IBA. Mr. Sanders said staff has brought the proposal to the Downtown Parking Commission and the Commission was in support of the proposal. Motion by Councilmember Cook, seconded by Councilmember Roush to adopt Resolution 2010 -101, designating no parking on portion of Main Street. Ayes: Councilmembers Gag, Cook, Roush, Polehna and Mayor Harycki Nays: None Page 8 of 10 City Council Meeting July 6, 2010 Possible approval of plans and advertising for bids for the interceptor sewer project (Project 2010 -08) Public Works Director Sanders said a sewer lining project ought to be done before the levee project work begins. He noted that the Met Council has identified the City's sanitary sewer system as having excessive inflow /infiltration. He said the City's interceptor system was installed over 50 years ago and televising indicated root invasion and leaky joints. In addition, he noted the pipe is lower than the high water elevation at the Nelson lift station. The proposal is to slip line the entire length of the main from Elm Street to the Nelson lift station, about 3000 feet of pipe. He said silt buildup would be removed before the slip line in installed and the entire cost of the project is estimated at $425,000. He said the City has $600,000 in the sewer capital outlay fund available and that another possible funding source is a Met Council grant for inflow /infiltration projects. City Administrator Hansen pointed out the City also will get credit for the Met Council's 1/1 surcharge of about $84,000. Mr. Sanders said staff would also like to install a grinder pump at the Nelson lift station and a bypass manhole; that cost is estimated at $80,000, with funding available from the sanitary sewer capital outlay fund. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2010 -102, approving plans and advertise for bids for the Interceptor Sewer Project (Project 2010 -08) Ayes: Councilmembers Gag, Cook, Roush, Polehna and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Polehna said he hears continual complaints about the noise generated by the City Hall air conditioning unit and suggested that if the City is going to enforce noise standards on other projects, it ought to abide by those standards as well. City Administrator Hansen said this has been an ongoing problem and that recent information indicates that cost for a specially- designed /removable unit to damper the sound is about $4,000. Mr. Hansen said he does have some carry- over money available. Councilmember Cook asked if it might be worth having an acoustic engineer look at it, suggesting that this might be a maintenance issue given the age of the equipment. Page 9 of 10 City Council Meeting July 6, 2010 Mr. Hansen said he was given an estimated cost of $3,000 just to have an engineer visit the site, and he noted that there are maintenance inspections of the unit on an annual basis. Motion by Councilmember Cook, seconded by Councilmember Polehna to approve the purchase of the system for the air conditioning unit. All in favor. Councilmember Cook asked about the graffiti downtown. Police Chief Gannaway said he is working on that matter. City Administrator Hansen said the City is sensitive to the business owner /victims who are provided with free materials and assistance, if possible, for the removal of the graffiti. Councilmember Cook said she had received a letter regarding noise enforcement in the downtown area; she asked whether there are foot patrol officers in the area and whether citations are issued if a violation is observed; Chief Gannaway responded in the affirmative. There was discussion of staff cuts and staff out due to injury /illness issues. Councilmember Cook spoke of the possibility of utilizing part -time employees during such instances. Councilmember Gag noted that the St. Croix Bridge advocacy committee is being formed and asked for volunteers to serve on the committee with his not running for re- election. Mayor Harycki said he would be willing to serve in that capacity. Councilmember Roush informed the Council that Sgt. Felsch had made an arrest in the recent burglary incidents. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2010 -103, authorizing the Certified Local Government Grant Application through the Minnesota Historical Society. Ayes: Councilmembers Gag, Cook, Roush, Polehna and Mayor Harycki Nays: None ADJOURNMENT Motion by Councilmember Roush, seconded by Council p.m. All in favor. Ken ATTEST: /I Diane F. Ward, City Clerk Polehna to adjourn at 9 f Page 10 of 10