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HomeMy WebLinkAbout2010-08-17 CC MIN Budget WorkshopSillwater IP IMF 1f1ETMFLACE Of ■IEEEAFTA CITY COUNCIL MEETING August 17, 2010 BUDGET WORKSHOP Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Gag, Cook, Roush, Polehna and Mayor Harycki Staff: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Public Works Director Sanders Recreation Center Manager Brady Assistant Public Works Superintendents Chaves and Moore 4:30 Recreation Center 4:30 P.M Doug Brady, Recreation Center Manager, presented the proposed 2011 budget for the Recreation Center. He stated that the fabric on the dome has an 18 -20 year life and it is currently on the 12 year of the facility and the cost would be approximately $500,000. He also stated that the new turf will be installed in September 2010. Council requested information on when the bonds on the recreation center would be paid. Finance Director Harrison will bring that information to the next budget meeting on August 27 5:00 Engineering /Streets /Parks /Sanitary Sewer /Storm Sewer /Signs & Lighting Shawn Sanders, Director of Public Works, Tim Moore and Nick Chaves, Assistant Public Works Supt. reviewed the Engineering /Streets /Parks /Sanitary Sewer /Storm Sewer /Signs & Lighting Budgets Mr. Sanders stated that the maintenance agreement for AutoCAD should be $2,900. Finance Director Harrison will check with MIS Specialist Holman for the amount. He stated that he didn't include the capital improvement projects in the budget. Tim Moore, Asst. Public Works Supt., reviewed the proposed 2011 parks budget. Discussion on the park fees took place and that maybe they should be raised. Mr. Moore stated that information will be going to the Parks Commission next week. City Council Meeting August 17, 2010 Mr. Sanders will provide capital outlay information for Parks and Sanitary Sewer. Councilmember Gag and Cook reviewed the Special Event Task Force relating to the fees for events. The Task Force asked that the City budget $15,000 a year for the beautification for downtown in lieu of designated fees associated with events. It was unsure where the funding for the beautification for downtown would come from. They stated that the formal presentation of the Special Event Task Force recommendations will be at the 4:30 meeting on September 7, 2010. Discussion took place on the storm sewer fund and the possibility of raising the rate by $1.00 per quarter. Mr. Sanders stated that the maintenance agreement for signs & lighting should be looked at. Finance Director Harrison will check with MIS Specialist Holman for the amount. He spoke of federal mandates that are unfunded mandates as follows: Larger Street id signs (6" lettering) replaced by 2012 Retro - reflectivity: Regulatory signs (stop signs, speed limit, no parking, etc) by 2015 All others by 2018 including Street id signs by 2018. Mr. Sanders stated that larger street id signs with retro - reflectivity will be done at the same time. Mayor Harycki suggested auctioning off the non - compliant street signs. The need for traffic feedback signs and traffic calming devices were also discussed. REGULAR MEETING Mayor Harycki called the recessed meeting to order at 7:05 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 7:00 P.M. Page 2 of 14 City Council Meeting PLEDGE OF ALLEGIANCE August 17, 2010 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 July 20, 2010, regular meeting minutes, July 27, 2010, regular, recessed and executive session minutes, August 5, 2010, special meeting minutes and August 12, 2010, record of canvass results. All in favor. OPEN FORUM No comments were received. STAFF REPORTS Police Chief Gannaway provided an update on Lumberjack Days activities. He stated that, overall; calls were about average compared to the last several years. He informed the Council that on Saturday the entrance gates were closed as it was determined the park was at capacity for that concert. He said he was amazed at how fast the park cleared at the conclusion of the concert. He said there was one fairly serious incident on Saturday evening, but otherwise the event went fairly smooth. Councilmember Cook verified that there will be a Lumberjack Days debriefing at a Council meeting in September. Chief Gannaway said Night to Unite was exceptionally successful with activities taking place at 10 different locations throughout town, including downtown. Fire Chief Glaser referred to his memo regarding the Fire Department's involvement in Lumberjack Days. He said the department has been kept busy responding to storm - related calls, including a lightning strike in the Legends neighborhood. He noted that the Fire Department also participated in Night to Unite event and agreed it was very successful. City Clerk Ward reported that 145 election judges were trained during five two hour training sessions for the primary and general elections. She stated things went well at the polls on Election Day. Community Development Director Turnblad referred to his memo related to building activity, noting that activity is up as compared to last year. Finance Director Harrison noted the last of the fire inspection fee refunds were included in the list of bills to be paid. Page 3 of 14 City Council Meeting August 17, 2010 City Administrator Hansen provided an update on the situation with the noise from the rooftop air conditioning units. He said staff is continuing to look at other options, but it appears those options will be very expensive. He said he had not talked directly with any neighbors since the installation of the blanket system regarding the noise level. Councilmember Cook suggested contacting Lakeview Hospital regarding treatment of the hospital's rooftop units. CONSENT AGENDA 1. Resolution 2010 -120, directing payment of bills 2. Resolution 2010 -121, accepting improvement and authorizing final payment for the Washington Avenue mill and overlay project 3. Possible approval of temporary liquor license for ArtReach Alliance — September 10, 2010. 4. Possible approval of Lowell Park Bathroom Facilities Improvements. 5. Possible approval of permit to sell liquor for a ball tournament at Lily Lake Park; August 27 -29, 2010 Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the consent agenda. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS This is the date and time for a public hearing to consider the assessments for the 2010 Street Improvement and 2010 Supplementary Street Improvement proiect. Notices were sent to affected property owners and published in the Stillwater Gazette on July 30, 2010. Assistant Engineer Kraftson briefly reviewed the project timetable, including the neighborhood meetings, and the proposed final assessments. He showed some before and after photos of the project areas. He reviewed project costs and comparison between preliminary and final proposed assessments, noting there was a 14% across - the -board reduction between the preliminary and final assessments due to the low bids and the fact that construction went essentially as planned. He stated all residents received letters with the final assessment amounts, with payment terms spelled out in the letter. He noted there are three deferred assessments on the street project for vacant parcels and that the assessments will only be charged if a home is built on the parcel. Councilmember Cook asked if residents have the option of paying the assessment off in years other than the first year; Mr. Kraftson stated the assessments can be paid off in any year prior to November 15. Page 4 of 14 City Council Meeting August 17, 2010 Councilmember Polehna stressed the November 15 deadline for making payment; Mr. Kraftson said that is explained in the letter. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Cook, seconded by Councilmember Roush to adopt Resolution 2010 -122, adopting assessment for 2010 street improvement (Project 2010 -02) and 2010 supplementary street improvement project (Project 2010 -07) L.I. 388 and Resolution 2010 -123, adopting deferred assessments for 2010 street improvement project (Project 2010 -02, L.I. 388). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None This is the date and time for a public hearing to consider the assessments for the Washington Avenue Mill and Overlay Improvement project. Notices were sent to affected property owners and published in the Stillwater Gazette on July 30, 2010. Assistant Engineer Kraftson reviewed the project timetable. He showed some before and after photos of the project area. He noted there were 17 properties in the project area. He reviewed project costs and proposed final assessments. He noted that the assessment policy for the Industrial Park area is that property owners are assessed 100% of the project costs and that only the essential mill and overlay project component costs are being assessed. He noted that the final assessment is 13.7% less than the preliminary assessment projection. Mayor Harycki opened the public hearing. During the previous public hearing, Brian Simonet and Paul Simonet questioned the assessment for the Simonet Furniture property; after Mr. Kraftson's presentation, they indicated their questions had been addressed. No other comments were received, and the hearing was closed. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2010 -124, adopting assessment for Washington Avenue mill and overlay project (Project 2009 -10) L.I. 386 Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a request from Jennifer Trom for a variance to construct an attached, two -car garage with living space above located at 1101 4th Street South in the Page 5 of 14 City Council Meeting August 17, 2010 RB -Two Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 6, 2010. Community Development Director Turnblad reviewed the request and the Planning Commission's decision for denial. He noted that the Planning Commission felt there were alternatives to the request that wouldn't be quite as divergent from the code requirements; and stated that financial considerations are not generally considered a hardship in granting variances — hardship has to do with the physical characteristics of a property. On a question by Councilmember Cook, Mr. Turnblad provided an aerial photo of the property to demonstrate possible impact on neighboring properties, which was not a major concern during the Planning Commission's consideration of the request. Councilmember Roush asked if any neighbors expressed concerns during the Planning Commission public hearing; Mr. Turnblad said he did not believe there was any negative testimony. Councilmember Cook referred to the staff report that stated granting a variance would impact the privacy of current and future adjacent property owners and would also set precedence for future cases that would materially impair the purpose and intent of the ordinance and Comprehensive Plan. There was discussion of the advantages /disadvantages of having a detached garage without living space versus the applicant's proposal. Councilmember Gag noted the Planning Commission must vote on the proposal in front of it, not suggest changes that might lead to approval; he did not think this proposal would necessarily be detrimental to neighbors but noted that the request involves five variances, some of which are rather extreme. Mayor Harycki suggested that some of the variances are due to the layout of the lot and on a corner. Councilmember Roush suggested the location of the house on the property to the south is what drives the difficulties with this lot. Councilmember Cook asked if this had been reviewed by the Heritage Preservation Commission; Mr. Turnblad said HPC would review an only a request for a detached garage with living space. They did not review this request that was an error in the memo. Mayor Harycki opened the public hearing. Page 6 of 14 City Council Meeting August 17, 2010 Ms. Trom talked about the difficulties associated with alternate locations for a garage /addition, suggesting that the alternate locations would have more impact on adjacent properties and that she has verbal support from all her neighbors for her plans. She also noted parking is available on street, so parking should not be a concern. Ms. Trom also pointed out she is missing 25' from the rear of her property, and if the lot was the regulation size, she would not need a variance. No other comments were received, and the hearing was closed. Councilmember Cook pointed out that the Planning Commission was fairly firm in its findings and she was concerned about a possible precedent for the older neighborhoods. On a question by Councilmember Roush, City Attorney Magnuson said each property, by law, is unique so precedent is not binding legally, but could be a persuasive argument. Mayor Harycki suggested that the layout of the property, done over 100 years ago, created a hardship, and felt that is was not unreasonable to try to accommodate a garage in the proposed location. Councilmember Roush said the spirit of the ordinances are good, but it is not a one size -fits all situation and that he was satisfied it is the best alternative of the possible locations Councilmember Polehna spoke of the 6 -1 decision by the Planning Commission and felt he would have a problem overruling the Commission's decision. Councilmember Roush spoke of putting common sense into the equation. Councilmember Gag spoke of the difficulties presented by the lot but noted there are rules for a reason and that in this case, some of the requested variances are a bit extreme. Mayor Harycki said he thought the request is the best option. Motion by Councilmember Roush, seconded by Mayor Harycki to approve the application. Motion failed 2 -3. Nays: Councilmembers Cook, Gag and Polehna City Attorney Magnuson suggested that the Council do a straw vote and direct staff to prepare findings of fact for denial. Councilmember Polehna suggested denial without prejudice to leave the door open for the applicant to resubmit plans. Motion by Councilmember Polehna, seconded by Councilmember Cook to deny without prejudice. Page 7 of 14 City Council Meeting August 17, 2010 Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS Approval of Special Event — Live Music on Deck — American Legion (continued from 7/27/10 meeting) Brent Banchy, financial officer for the American Legion in Stillwater, asked for approval to allow music on the deck on Sundays from 4:30 to 8:30 p.m. for the remainder of the season, likely through the end of September. Mayor Harycki noted that when the Council discussed the request previously, it suggested that the Legion look at some means of dampening the sound. Mr. Banchy said the Legion doesn't have the money at this time to pay for such an enclosure. He suggested that pursuing such an enclosure for five more events wouldn't be economically feasible at this time. He stated that the Legion would be open to that idea for next year. Mayor Harycki spoke of the noise level at some residences to the north of the deck, as well as from the street level; he suggested changing the orientation of the band to direct the music to the east. Councilmember Cook said after the last discussion, she thought the Legion was going to attempt to mitigate the sound levels and suggested that at least there should have been a good faith effort in turning the volume down. Mr. Banchy said the Legion did talk about an enclosure but does not have the financial wherewithal to do that. Councilmember Cook also noted that the application to the Planning Commission is for music from 6 to 10 p.m. and suggested the request is growing exponentially. Councilmember Gag suggested the Council needs to determine what to do until the Planning Commission hears the special use permit request on September 13 and until the Planning Commission's decision becomes effective. Mr. Turnblad pointed out that the Planning Commission's decision will be for next year, as the outdoor season is nearly over. Councilmember Cook asked if the Planning Commission would hold a public hearing; Mr. Turnblad responded in the affirmative. Councilmember Gag suggested asking Planning Commission members to listen to the music prior to consideration of the special use permit request. Page 8 of 14 City Council Meeting August 17, 2010 Mayor Harycki asked if the Legion would be willing to change the time requested for the special use permit from 6 to 10 p.m. to perhaps 4 to 8 p.m.; Mr. Banchy said that would be acceptable. A Legion member stated she thought the requested 6 to 10 p.m. was for the one -time 90 anniversary celebration; she noted that with the end of the season and earlier sunset, the music will take place earlier in the afternoon, likely 3 to 7 p.m. by the end of September. Councilmember Cook asked the reason for selecting Sunday for the music; the Legion representative stated because Sunday is the slowest business day of the weekend. Councilmember Cook spoke of the many events /activities that contribute to the increasing noise experienced by residents and that she has seen no effort on the part of the Legion to acknowledge the concerns. Mayor Harycki said he would be amenable to providing some sort of extension to allow the Legion to orient the speakers to the east and pay close attention to the volume levels. Councilmember Roush asked about the height of the speakers; it was noted that the speakers have been moved down lower to the ground. A member of the band in attendance stated that the speakers have been moved to a lower position. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve a temporary extension, until the September 12 Planning Commission meeting, allowing music from 4 to 8 p.m. to experiment with moving speakers to face east. Steve Gnan, 231 Third St. N., stated that the Legion has had three weeks to do something about the noise and nothing has been done — the speakers haven't been moved, the volume hasn't been lowered. He stated that three weeks ago, the music went until 8:55 p.m., and he could not hear his TV. Mr. Gnan felt there is music everywhere, with no control. Councilmember Roush amended his motion to provide that police can monitor the volume and force an adjustment to the volume. Barb Gnan, 231 N. Third St., reaffirmed the fact that the TV couldn't be turned up loud enough to hear above the music from the Legion, which is two blocks away; she noted the Legion did this all last summer without a permit and stated they have contacted the police on two different occasions with no response. Mrs. Gnan suggested there is a noise ordinance that should be enforced; she suggested that the Legion should obtain permits for special events, like the library does, rather than be given a blanket permit for music from May until September. Page 9 of 14 City Council Meeting August 17, 2010 Councilmember Polehna reiterated the concern about the volume and the need for the Legion to monitor the noise. Councilmember Roush urged the Gnans to contact the police if the noise levels are still as disruptive as they described earlier. Councilmember Cook talked about quality of life issues and the right to peace and quiet vs. the right to noise. Mr. Banchy stated he would make sure the volume issue is addressed. In additional discussion, it was noted that anyone can appeal the Planning Commission's decision regarding the special use permit. There was discussion of decibel levels; City Attorney Magnuson noted the ordinance establishes certain decibel levels. Mayor Harycki noted the onus is on the Legion at this point to make an effort to address the concerns. Councilmember Roush amended his motion to make the temporary extension valid until the next City Council meeting, September 7; Councilmember Polehna agreed to the amendment. Motion passed 4 -1, Nay: Councilmember Cook. Possible approval of lease for postage machine (tabled from 7/27/10 meeting) Mr. Hansen referred to Ms. Holman's memo regarding the cost of lease and purchase of the postage machine. He pointed out that it cheaper to purchase the machine over a period of five years and that is the recommendation. Councilmember Roush brought up the issue of consolidating billing with the Water Department. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the postage machine purchase. All in favor. NEW BUSINESS Possible approval of the Millbrook 4th Addition development agreement Mayor Harycki noted the parkland issue has been resolved in the proposed agreement. Mr. Turnblad stated staff has done more negotiating and obtained even more favorable terms; he reviewed the key items related to the payment of all Phase II fees as well as requiring a cash escrow account to establish turf at the two parks Page 10 of 14 City Council Meeting August 17, 2010 sites by May 31, 2011, and a deadline for providing the City with the deeds to the two parks by September 15, 2010. Councilmember Roush asked about plans for improvements to Neal Avenue in the future; Mr. Turnblad stated the transportation adequacy fees could pay for those upgrades, as well as state aid monies perhaps. Councilmember Polehna asked about the construction of trails; Mr. Turnblad said that is done as each phase and plat is completed. On a question by Councilmember Polehna, Mr. Turnblad said a trail along the south end of Twin Lake that will connect with a future trail on Highway 96 will be done when the properties are developed in that area, phase 3. Mr. Turnblad said so far the developer has lived up to the requirements regarding trails; what has slowed down, and that the completion of the phases of the development due to the economy. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -125, adopting Millbrook 4th Addition development agreement Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Participation in Local Housing Incentives Account Mr. Turnblad explained that this is part of the Metropolitan Livable Communities Act and something the City has been involved in since 1996. He briefly spoke of the benefits of participating, including a number of grants totaling $683,000. He explained that if the City wants to continue participating in the program it must change the adopted goal for affordable housing units and life -cycle housing goals. He said he does not believe the City can reach the Met Council's suggested high end goal for life -cycle housing of 650 units, however Met Council has indicated there are no consequences for not making that goal. Councilmember Roush asked if there are any consequences for the budget by not participating; City Administrator Hansen said there is nothing in the budget related to participation in the program. Mayor Harycki questioned Met Council's indication there are no consequences for not meeting a goal, citing Lake Elmo's experience. Mr. Turnblad said the City can opt out of the program at any time, but would lose that that potential grant revenue source. Councilmember Roush wondered whether participation would change future Comp Plan allocations for subsidized housing units and whether the goal in the Page 11 of 14 City Council Meeting August 17, 2010 Comp Plan was influenced by the Met Council; Mr. Turnblad agreed that goal was influenced, in part, by Met Council's regional goals. Councilmember Polehna noted that the City can opt out at any time Councilmember Roush asked for City Administrator Hansen's recommendation; Mr. Hansen pointed out the City has participated for a number of years and has benefited from participation Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2010 -126, adopting Participation in Local Housing Incentives Account. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of quotes to televise and clean interceptor sewer in preparation of interceptor slip lining Public Works Director Sanders said this is the first step in the downtown sewer lining project. He stated two quotes were received, with the low bid submitted by Infratech at a not -to- exceed cost of $11,891. City Administrator Hansen asked if this cost would count toward the City's surcharge; Mr. Sanders responded in the affirmative. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2010 -127, accepting quotes and awarding contract for interceptor sewer cleaning and televising. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of No Parking Zone on South Third Street at Chestnut Mr. Sanders explained the request for the no- parking zone, which will allow for a right -turn lane for folks turning onto Chestnut Street. He said the County has indicated it will stripe and install the signage for the right -turn lane. He said both the Downtown Parking Commission and traffic committee have reviewed the proposal. Motion by Councilmember Cook, seconded by Councilmember Roush to adopt Resolution 2010 -128, designation no parking on portion of South Third Street (County Road 23) Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 12 of 14 City Council Meeting COUNCIL REQUEST ITEMS August 17, 2010 Integrated Emergency Management Course Update — Councilmember Roush said this would be presented at a later workshop. On a question by Councilmember Cook, Police Chief Gannaway stated there have been several burglaries in the downtown area, but stated he could not comment a lot as the investigation is ongoing. He said police would be meeting with downtown business owners, both the IBA and Chamber, to discuss some crime prevention measures. Councilmember Cook asked about an incident that occurred the Saturday night before the Council meeting; Chief Gannaway stated there was an altercation with several people arrested. Councilmember Cook said she heard vendors were selling on the street, with about 200 people walking up and down the street at 2:30 in the morning. Chief Gannaway informed the Council that he would be meeting with Mr. Turnblad regarding the issue with vendors and will be coming back to the Council regarding possible changes to the hours for the vendors. Chief Gannaway said it is not unusual to have that many people of the street at that time during a summer weekend. Councilmember Polehna asked about a motorized pedicab that he observed downtown; Mr. Turnblad said one complaint had been received about that vehicle. Mayor Harycki asked Mr. Sanders to forward a suggestion to the Brown's Creek Watershed that a ditch cut on Orwell Court might be a suitable place for a rain garden to alleviate a person's concern about mowing that ditch that was made during last year's street improvement project. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Gag to adjourn at 9:22 p.m. All in favor. K6n`Harycki, Mayor ATTEST: A �4� " Larry D. Hagisen, City Administrator Page 13 of 14 City Council Meeting August 17, 2010 Resolution 2010 -120, directing payment of bills Resolution 2010 -121, accepting improvement and authorizing final payment for the Washington Avenue mill and overlay project Resolution 2010 -122, adopting assessment for 2010 street improvement (Project 2010 -02) and 2010 supplementary street improvement project (Project 2010 -07) L.I. 388 Resolution 2010 -123, adopting deferred assessments for 2010 street improvement project (Project 2010 -02, L.I. 388) Resolution 2010 -124, adopting assessment for Washington Avenue mill and overlay project (Project 2009 -10) L.I. 386 Resolution 2010 -125, adopting Millbrook 4th Addition development agreement Resolution 2010 -126, adopting Participation in Local Housing Incentives Account Resolution 2010 -127, accepting quotes and awarding contract for interceptor sewer cleaning and televising Resolution 2010 -128, designation no parking on portion of South Third Street (County Road 23) Page 14 of 14