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Home My WebLink About2010-07-27 CC MINate fill a I ON T.► .1RTR ►.... 1f . ■.El�1A CITY COUNCIL MEETING July 27, 2010 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Cook, Gag, Polehna and Mayor Harycki Absent: Councilmember Roush Motion by Mayor Harycki, seconded by Councilmember Polehna to excuse the Councilmember Roush's absence as he was not present due to City business. All in favor. Staff present: City Administrator Hansen Finance Director Harrison Public Works Director Sanders City Clerk Ward OTHER BUSINESS Park Maintenance Plan and Legend Park Update Tim Moore, assistant Public Works superintendent, reviewed a proposed turf management plan. He said the plan will help staff determine different maintenance levels for parks, public outlots and building areas. He said the plan will be useful in budgeting and allow for better utilization of manpower; the plan also will improve turf quality in all parks, including those that have higher visibility and higher use. He stated the turf management plan is part of a comprehensive parks maintenance plan, which has been reviewed and approved by the Parks and Recreation Commission. He stated that the turf management plan breaks City -owned properties into two classifications — athletic turf and landscape turf, which includes everything from the high visibility areas to outlots and mowed trails. The plan breaks down athletic turf into three different maintenance levels, the highest level for areas with irrigation systems, level B highly used athletic areas without irrigation, and the lowest level C for smaller fields with no irrigation and less use. The landscape turf is also broken down into three maintenance levels, he explained, with the highest level for those high visibility areas around public buildings, as well as Pioneer Park and Lowell Park; level B which includes most of the general- purpose turf areas in the park system; and level C, outlots and grass trails or areas around paved trails. On a question by Mayor Harycki, Mr. Moore noted there could be several different levels of turf and turf maintenance areas within a single park. He noted that the plan City Council Meeting July 27, 2010 includes maintenance schedules for mowing, irrigation, fertilization, weed control, aeration and overseeding. Councilmember Cook asked about the toxicity of materials used for weed control. Mr. Moore stated the materials are toxic but applied at much diluted levels and under controlled conditions; he noted that areas are posted after materials are applied and it is generally safe to use the areas again within several hours. He noted the plan includes a classification for all the parks, schedules and types of maintenance. He said the plan also includes areas for possible reduction or elimination of mowing; he showed slides of some of the areas for possible reduction /elimination of mowing. Mr. Sanders suggested that reducing the level of maintenance in some of the areas proposed would free up staff time to do other work, such as park equipment maintenance, weeding, etc. He said his goal is to mow all the parks in three days, leaving two days for other maintenance efforts. On a question by Mayor Harycki, Mr. Moore said the next step would be some public education efforts and that the plan would be phased in. Councilmember Polehna suggested it might be good to notify neighbors of plans and perhaps schedule neighborhood meetings. Motion by Councilmember Polehna, seconded by Mayor Harycki, to approve the Park Maintenance Plan as presented. All in favor. Mayor Harycki asked if the new park in the Milbrook development has been added to the mowing schedule. Mr. Moore stated the area has been mowed twice in an effort to determine the condition of the turf before accepting the area from the developer; Public Works Director Sanders said negotiations are still taking place with the developer. There was discussion of possible options to pursue with the developer; Mr. Sanders was to report back on this matter at the next Council meeting. Mr. Moore reviewed proposed improvements to Legends Park, to be funded with a $90,000 contribution from the Board of Water Commissions in exchange for the land for the new well house. He stated a meeting was held with residents to get their input of possible improvements. He stated one of the priorities for residents, a new shelter, was done last year as part of the Water Board's well house construction. He said an existing shelter was removed at that time, and the infield of the ball field was improved earlier this year, bringing the total expenditures on park improvements to less than $28,000. He said bids have been received for a new play structure and irrigation system. He said he thought the desired turf improvement could be done in- house. He said the Park Commission has approved the plan, noting the funding is available from the contribution from the Water Board. Page 2 of 13 City Council Meeting July 27, 2010 Motion by Councilmember Polehna, seconded by Councilmember Gag to approve the Legends Park improvements as presented. All in favor. On a request by Councilmember Polehna, Mr. Moore reviewed a request for staff to look at the possibility of a playground at Settlers Park. Mr. Moore stated that the Park CIP includes a new playground structure for Triangle Park. He noted that the equipment at Ramsey Grove Park is deteriorating and will have to be replaced; after that, there is no money budgeted for playground equipment for this year. STAFF REPORTS Public Works Director Sanders told the Council that the City has been notified by the DNR that the Jackson Wildlife property will be up for public sale unless the City is interested in purchasing the property. He said the DNR has indicated it would sell the property to the City at appraised cost, but that cost is not known at this time. Mayor Harycki wondered whether anything could be done with the property, given Brown's Creek regulations /restrictions; he suggested getting an analysis from Brown's Creek regarding restrictions and obtaining from Washington County information regarding what, if any, market value is attached to that property. Councilmember Gag suggested applying for an open space grant from Washington County. Councilmember Polehna said the property was donated by a prominent local citizen and he thought there was a restriction that the property couldn't be disposed of or it would go back to the City. Mr. Sanders said he would check on the items requested, wait for the appraisal and report back to the Council. Mr. Sanders stated there are two vacancies on the Brown's Creek Watershed Board, and appointments are due by October 22. He said interested persons should contact him, with names to be forwarded to Washington County. He noted that the current members may want to be reappointed, and they would be considered along with any new applicants. Mr. Sanders provided an update on the levee project. He stated the first thing the City needs to get started on is the soil mitigation. He said the City needs to work with a consultant and the PCA to develop a remediation /mitigation plan before the Corps will sign off on any project. He said the Corps is hiring a consultant to begin the plans and there is a possibility the Corps may begin work on the project in April 2011. He noted there has been some talk of a future project and additional funding; however, he noted, if there was to be a future project, the contaminated soils would have to be excavated and moved off site, a cost estimated at $1 million which would be 100% City cost. City Administrator Hansen stated sometimes federal funds are too expensive and in this case, if the City were to seek additional federal funds, the Page 3 of 13 City Council Meeting July 27, 2010 City would have costs of its own that would be prohibitive; he also suggested that this could jeopardize state funding if a project is delayed pending application for a future project. Finance Director Harrison reported that the required TIF annual reports must be submitted to the State Auditor by July 31. She said the reports were submitted on July 22, with a summary of the information published in the Stillwater Gazette on August 4. Councilmember Gag asked when Councilmembers might be receiving information prior to the first scheduled budget meeting on August 17; Ms. Harrison said she would try to get that information out as soon as possible. City Administrator Hansen reported he had received just two complaints regarding Lumberjack Days. Mayor Harycki said he had received a few calls and a -mails regarding noise. Councilmembers Cook and Polehna spoke of the good job the Guard personnel did with traffic assistance. The meeting was recessed at 5:33 p.m. RECESSED MEETING Mayor Harycki called the recessed meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna and Mayor Harycki Absent: Councilmember Roush Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE 7:00 P.M. Mayor Harycki led the Council and audience n the Pledge of Allegiance. APPROVAL OF MINUTES -July 20 minutes available for approval on August 17, 2010 OPEN FORUM There were no public comments. CONSENT AGENDA 1. Resolution 2010 -111, directing payment of bills Page 4 of 13 City Council Meeting July 27, 2010 2. Resolution 2010 -112, authorizing the Certified Local Government Grant application through the Minnesota Historical Society Mayor Harycki asked that the refund grading escrow for Lennar Homes be pulled from the payment of bills. Motion by Councilmember Polehna, seconded by Councilmember Cook to approve the Consent Agenda minus the Lennar refund. Ayes: Councilmembers Cook, Gag, Polehna and Mayor Harycki Nays: None Mayor Harycki asked whether the Lennar grading escrow could be used as leverage to encourage the developer to get the park area up to acceptable standards for turning over to the City. Public Works Director stated the grading escrows are for the individual lots; Mr. Hansen said he thought it might be better to use the Letter of Credit for leverage regarding the park issues. Motion by Mayor Harycki, seconded by Councilmember Polehna to include the Lennar escrow payment for grading in the previous resolution. Ayes: Councilmembers Cook, Gag, 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 this application has been withdrawn. No action was taken. Page 5 of 13 City Council Meeting UNFINISHED BUSINESS July 27, 2010 Request from ArtReach for reconsideration of change of venue for Art in the Park Katie Tomten, community and youth programming intern with ArtReach St. Croix, explained the mission of ArtReach. She noted that one of the most popular of ArtReach's programs is Art in the Park, a free, family art festival. She explained the reasons for the request to change the location to the library lawn and lawns in front of their new building: keeping the event more confined, which makes it easier to keep an eye on the children participants; accessibility for volunteers and equipment; availability of shelter and restrooms for participants and families; and to raise awareness of ArtReach's new building, which is directly across the street from the library. Lynn Schafer, ArtReach board member, provided four letters of support from neighbors, including the owners of the Aurora Staples Inn; she noted that ArtReach has cooperated with the neighbors in the past year and a half and has solicited neighbors' input and support. Councilmember Gag asked about parking arrangements; Ms. Schafer explained parking will be available in the Trinity parking lot, and she noted volunteers will be assisting with traffic control for pedestrians. Ms. Tomten said since this is such a central location, many people walk or ride bikes, thereby alleviating the need for parking; she said there is never a huge rush of people at one time, as people come and go at various intervals during the event. There was discussion as to whether the event will continue to be held at this new location or return to Pioneer Park next year if that spot is available. Motion by Councilmember Polehna, seconded by Mayor Harycki to approve the requested location as presented. All in favor. NEW BUSINESS Approval of Special Event — Live Music on Deck — American Legion City Clerk Ward stated this request will be going to the Planning Commission in September as a special use permit request. She explained that the Legion has an upcoming special event and would like approval for outdoor music before the Planning Commission considers the special use permit. Brent Banchy, finance officer for the Stillwater American Legion, said the plan is to have weekly use, Sundays from 4:30 -8:30 p.m., until the weather isn't conducive to outside music; it is the intent to apply for the more permanent status for music on the deck for the following year. Page 6 of 13 City Council Meeting July 27, 2010 Mayor Harycki noted that there has been outdoor music and the Legion just became aware of the need for a permit. He asked about the previous hours of operation. Mr. Banchy said music has been playing on Sundays, as is the current request, with the exception of Lumberjack Days when music was offered on Saturday. Mr. Banchy stated that the Legion will be celebrating an anniversary when they would like to play music on Saturday as well as Sunday. Mayor Harycki noted this issue came about due to an inquiry from a neighbor regarding the music. Councilmember Cook pointed out that with the addition of all the special activities and events, folks in the area hear noise non -stop in summer. Mr. Banchy pointed out the Legion is a non - profit organization that gives back to the community, and that the Legion needs the deck and music to be able to continue to support the community. Mayor Harycki pointed out that the Council is still dealing with issues related to operation /events at the library and suggested holding a meeting with neighbors around the Legion. Councilmember Cook pointed out that the noise isn't just confined to the immediate neighbors. Mr. Banchy pointed out the Legion is located in the business -zoned district and that he didn't think it unreasonable to request music on the deck from 4:30 to 8:30 p.m. He stated that it is not the intent to be intrusive or disrespectful to neighbors. Councilmember Gag noted that everything contributes to the noise and that he did not have a problem with this request. Councilmember Cook said she didn't have a problem with a one -time event request but is concerned with the on -going music; she spoke of the need for the Council to look at this issue in a larger context. Councilmember Gag pointed out neighbors will have an opportunity to speak when the request comes before the Planning Commission and suggested allowing the music until that time will be a good way to see if neighbors have a problem with sound levels. Councilmember Polehna asked about the use of an awning to confine the noise. Mr. Banchy said there currently is an awning primarily to block the sun, but there is no permanent structure; but he wouldn't be opposed to trying that concept. Page 7 of 13 City Council Meeting July 27, 2010 Mayor Harycki said he would like to have the opportunity to talk with the resident who had contacted him about this issue. Mayor Harycki also pointed out the Council is missing one person at this meeting, which could result in a 2 -2 vote; he suggested tabling this until the next Council meeting on August 17. Mr. Banchy said in the interim he would look at building some type of enclosure and would come back with those plans. There was discussion as to whether music should be allowed on the Sundays before the August 17 meeting. Motion by Councilmember Gag, seconded by Councilmember Polehna to allow the music on the three Sundays prior to the August 17 meeting. Motion passed 3 -1, with Councilmember Cook voting no. There was discussion of various options for sound dampening. Possible approval of resolution declaring costs and preparing assessment roll and resolution calling for assessment hearing for 2010 Street Improvements (Project 2010 -02) & 2010 Supplementary Street Improvement (Project 2010 -07) LI 388 Public Works Director reviewed the request to declare costs and prepare the assessment roll for the street improvement projects. He noted that costs are about 14% lower than estimated in the feasibility study, with the savings passed on in the assessments; he stated the assessment ratio would stay the same. He noted the assessment hearing would take place Aug. 17. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2010 -113, declaring cost to be assessed and ordering preparation of proposed assessment for 2010 street improvement project (Project 2010 -02) and 2010 supplementary street improvement project (Project 2010 -07) L.I. #388. Ayes: Councilmembers Cook, Gag, Polehna and Mayor Harycki Nays: None Motion by Councilmember Polehna, seconded by Councilmember Gag, to adopt Resolution 2010 -114, Calling for hearing on proposed assessment for 2010 street improvement project (Project 2010 -02) and 2010 supplementary street improvement project (Project 2010 -07), L.I. #388. Ayes: Councilmembers Cook, Gag, Polehna and Mayor Harycki Nays: None Possible approval of resolution declaring costs and preparing assessment roll for Washington Avenue Mill and Overlay Project (Project 2009 -10) LI 386. Page 8 of 13 City Council Meeting July 27, 2010 Councilmember Polehna, seconded by Councilmember Cook to adopt Resolution 2010- 115, declaring cost to be assessed and ordering preparation of proposed assessment for Washington Avenue mill and overlay project ,Project 2009 -10, L.I *. #386. Ayes: Councilmembers Cook, Gag, Polehna and Mayor Harycki Nays: None Motion by Councilmember Polehna, seconded by Councilmember Cook to adopt Resolution 2010 -116, calling for hearing on proposed assessment for Washington Avenue Mill and overlay project 2009 -10, L. 1. #386. Ayes: Councilmembers Cook, Gag, Polehna and Mayor Harycki Nays: None Possible approval of Pond Excavation project Public Works Director Sanders stated pond excavation projects have been budgeted for the past three years. He said the ponds are primarily those that didn't have wet storage in them when they were constructed; however these ponds do not reduce phosphorus — the water just drains through them. He stated that this year's project is a pond by Victoria Court and that it is estimated that the excavation will result in a reduction of about 20 pounds of phosphorus a year. He said that five different quotes were received, with the low bid of $24,607 from Bell Trucking; he noted that $45,000 had been budgeted for the project. Councilmember Gag asked if the low bidder had done any other work for the City; Mr. Sanders replied in the negative, but that they are aware of other excavation projects the contractor has done in the City. Councilmember Polehna asked about the timeframe of the project and who is responsible for the soils removed. Mr. Sanders replied it is estimated the work can be completed in about two weeks and stated the contractor is responsible for the soils. Councilmember Polehna suggested the possibility of the City doing the work in- house in future; Mr. Sanders spoke of the problem with staff time and storage of soils. City Administrator Hansen echoed Mr. Sanders' comments regarding staff time. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2010 -117, authorizing contract for pond project with Bell Trucking. Ayes: Councilmembers Cook, Gag, Polehna and Mayor Harycki Nays: None Page 9 of 13 City Council Meeting July 27, 2010 Possible approval to lease postage and folding machine City Administrator Hansen reviewed Ms. Holman's memo regarding the request and recommendation to lease new postage and folding machines. Mayor Harycki noted there had been discussion of going to a paperless billing system and asked whether that equipment had been purchased; Finance Director Harrison responded that hasn't been purchased due to expense but that staff is looking at other options for billing electronically. Councilmember Polehna asked if the Water Department pays the City to do their billing; Ms. Harrison stated the Water Department does its own billing and has its own machine. Mayor Harycki asked about the possibility of renting the Water Department's machine. City Clerk Ward spoke of the need to mail the newsletter as well as the utility billing. Ms. Harrison suggested making approval contingent upon negotiations with the Water Department, pointing out the pricing on the machines is only good through July 31. Mayor Harycki said he couldn't imagine the Water Department turning down the request to save money. City Administrator Hansen suggested sharing a postage machine is not workable as mail goes out every day but that staff could certainly approach the Water Department regarding the sharing of the folder /inserter. Motion by Councilmember Polehna, seconded by Councilmember Gag, moved approval of the postage machine. Councilmember Cook asked about the cost of the lease for the postage machine only. After discussion, Councilmember Polehna rescinded his motion and Councilmember Gag the second, pending more information regarding the cost and negotiations with the Water Board. Armory /Fire Hall City Attorney Magnuson stated after the last meeting there was discussion of at least three possible sites that might be suitable for an armory/fire hall. He said he inquired on behalf of an undisclosed agent and the site that seems the best possibility for consideration is a parcel owned by the Lake Area Bank, an 18 -acre site between County Road 12 and Boutwell Road. Mr. Magnuson said he discussed a possible Page 10 of 13 City Council Meeting July 27, 2010 purchase with the bank, including asking price and terms that the bank would be willing to consider. He said he put that information together in a draft purchase agreement for the Council's consideration. He noted that banks are holding distressed property and are motivated to sell in a market where real estate isn't a hot commodity, which is to the City's advantage. He said the asking price is $900,000 for the property and that he reviewed the County Assessor's information and found that the combined value of the land and buildings on the three separate parcels that combine the 18 acres is $1,073,500 for the 2010 assessment. He noted there are three houses on the properties, with rental income of $1,200 a month for one house and $1,400 a month for another house. Mayor Harycki asked about the next step. Mr. Magnuson said he thought the next step should be for the Council, if it so desires, to accept the draft purchase agreement and present it as an offer to the bank. Then the bank would have to present the offer to its shareholders. Councilmember Cook said she thought discussion of a possible purchase agreement was way ahead of where she thought the discussion ended at the last meeting. She stated that she thought the Council had agreed to have a working session to talk about and flush out some of the issues. Mayor Harycki spoke of the potential savings and possible cost to taxpayers of $1 a month to secure a future site for a fire hall and bring in an armory to Stillwater. Councilmember Cook pointed out the Fire Chief is not present and it was agreed he should be part of the discussion. Councilmember Polehna agreed that all the issues need to be on the table and that he would be concerned about moving forward in the absence of Councilmember Roush. Councilmember Gag pointed out that this Council has never talked about whether the armory is a priority. He said he is in favor of moving forward and not sitting on things, but he thought this was too soon. Councilmember Gag said he thought there should be more consensus on the priorities. City Administrator Hansen said at this point there was no agreement for a meeting date for further discussion of the issues. Mayor Harycki said this matter was on the agenda as initially because City Attorney Magnuson thought the City could consider a $5,000 option to buy an additional 90 days to consider a purchase, however, that option offer has been withdrawn. Page 11 of 13 City Council Meeting July 27, 2010 Mr. Magnuson said the bank was not interested in the option as it does not want to tie the property up for that amount of time. There was discussion of possible special meeting dates; it was agreed to meet at 7:30 a.m. Thursday, August 5, if Councilmember Roush could be in attendance. The meeting was recessed at 8:35 p.m. while Mayor Harycki contacted Councilmember Roush regarding his availability. The meeting was reconvened at 8:38 p.m. Mayor Harycki confirmed Councilmember Roush's availability. Motion by Mayor Harycki, seconded by Councilmember Cook to hold a special meeting at 7:30 a.m. August 5, 2010. All in favor. COUNCIL REQUEST ITEMS Mayor Harycki noted the annual Relay for Life will take place at Stillwater Senior High School at 7 p.m. Aug. 6. Councilmember Cook asked that there be a discussion /debriefing on Lumberjack Days at the next meeting; Mr. Hansen said that could be put on the August 17 agenda. ADJOURNMENT to Executive Session for labor negotiations and to develop or consider offers for the purchase of real property, pursuant to Mn. Stat. Sec. 13D.05 Subd. Mayor Harycki noted, according to state law, the Council would adjourn to executive session to consider a labor negotiation contract. Motion by Councilmember Polehna, seconded by Councilmember Cook to adjourn to executive session at 8:41 p.m. All in favor. Ken, icki, Mayor ATTEST: Diane F. Ward, City Clerk Page 12 of 13 City Council Meeting July 27, 2010 Resolution 2010 -111, directing payment of bills Resolution 2010 -112, authorizing the Certified Local Government Grant application through the Minnesota Historical Society Resolution 2010 -113, declaring cost to be assessed and ordering preparation of proposed assessment for 2010 street improvement project (Project 2010 -02) and 2010 supplementary street improvement project (Project 2010 -07) L.I. #388. Resolution 2010 -114, Calling for hearing on proposed assessment for 2010 street improvement project (Project 2010 -02) and 2010 supplementary street improvement project (Project 2010 -07), L.I. #388. Resolution 2010 -115, declaring cost to be assessed and ordering preparation of proposed assessment for Washington Avenue mill and overlay project ,Project 2009- 10, L.I *. #386. Resolution 2010 -116, calling for hearing on proposed assessment for Washington Avenue Mill and overlay project 2009 -10, L.I. #386. Resolution 2010 -117, authorizing contract for pond project with Bell Trucking. Page 13 of 13