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HomeMy WebLinkAbout2010-10-19 CC MINQ *4 a .1e, T.. 1......... 1. ■....... CITY COUNCIL MEETING October 19, 2010 REGULAR MEETING Mayor Harycki called the 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 7:00 P.M. Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of October 5, 2010 regular and recessed meeting minutes Motion by Councilmember Cook, seconded b y Councilmember Polehna to approve the October 5, 2010 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Co -op Day Mayor Harycki read a proclamation designating Oct. 21, 2010, as Stillwater Cooperative Day. Mead Stone of River Market Community Coop was present for the reading of the proclamation and spoke briefly about the definition and mission of cooperatives. OPEN FORUM No comments were received. City Council Meeting STAFF REPORTS October 19, 2010 Police Chief Gannaway spoke of the problem with coyotes in the area. He said the DNR has that this is a local problem and will not provide any assistance. He recommended the residents keep an eye on small children and pets. He said a local trapper is being utilized in an effort to deal with the problem and that shooting the animals will be done if that effort of removal is unsuccessful or if an animal demonstrates aggressiveness. He provided an update on Harvest Fest by stating that there was a large crowd, with no issues encountered. He stated officers on patrol shift caught a burglar, who was responsible for at least two known burglaries, and as a result recovered about $6,000 in stolen property. Councilmember Polehna asked about a recent burglary to a house in the Croixwood area; Chief Gannaway said he would look into that. Fire Chief Glaser reported on Fire Prevention Week activities. He said presentations were given to over 1,000 students during the week. He said 1,200- 1,500 people attended the annual Open House. He said he and Chief Gannaway are members of the Washington County Emergency Management Council. He informed the Council that this Council decides how to expend the Urban Area Security Initiative grant monies. He said Stillwater is the recipient of some of those funds, including funding for training activities and outdoor warning siren upgrades. He stated he would be attending the State Fire Chiefs training conference later in the week. City Clerk Ward reported that the canvassing board for the municipal election had been scheduled for November 4; however, because of a change in the law, the canvassing board must meeting between 3 -10 days and requested that session be changed to Friday, November 5, at 8 a.m. Motion by Councilmember Gag, seconded by Councilmember Polehna to change the canvassing board meeting to 8 a.m. Friday, November 5. All in favor. Community Development Director Turnblad reported that an open house for the proposed pedestrian plaza will take place prior to the Parks Commission meeting on Oct. 25. He said RFPs for the master plan for north Lowell Park and development documents for the pedestrian plaza have been sent out. He stated the special events task force policy recommendations have been sent to event organizers who currently have contracts with the City, as well as to the IBA; for comments and will be brought back to the Council prior to adoption of the policies on December 7. He also stated than an RFP was sent out for the installation of video surveillance cameras for the parking ramp; however, he stated no responders followed the directions in the RFP so they will be reissued. Public Works Director Sanders stated the Corps of Engineers' flood control project is moving forward and it is hoped a complete set of plans will be Page 2 of 12 City Council Meeting October 19, 2010 completed for bid documents by the first part of 2011. On a question by Mayor Harycki, Mr. Sanders said community meeting could be scheduled after the plans are completed. He said he had met with the DNR regarding a possible boat launch site and that staff submitted plans for two different layouts at the former Cayuga site. He said the DNR appeared to be receptive of that opportunity, and he is awaiting comments back from that agency. City Administrator Hansen stated staff has been doing due diligence with respect to the armory project, noting that some issues had come up recently regarding access and cost share. He said he would be meeting with Armory representatives the day following the Council meeting and had additional meetings scheduled with the County. He said he would come back with a report on those meetings. CONSENT AGENDA Resolution 2010 -154, directing payment of bills Resolution 2010 -155, approval of SafeAssure Consultants, Inc. for OSHA and safety consultation Resolution 2010 -156, approval of health and dental rates for 2010 Resolution 2010 -157, approval of agreement for professional services with Carmen Tschofen Possible approval of Utility Bill adjustments Councilmember Roush asked that Utility Bill Adjustments item be pulled for discussion. Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the Consent Agenda, with the exception of the Utility Bill Adjustment item. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Regarding the utility bill adjustments, Councilmember Roush expressed concern about having other residents pay for other people's inattention to maintenance details, such as leaky faucets. He suggested this is an issue the Council should discuss. He said if the City keeps crediting utility bills, there will be no incentive for homeowners to take responsibility for proper maintenance. Finance Director Harrison explained that since sanitary sewer bills are based on first quarter water consumption, if there is a problem during the first quarter, that problem is reflected for the entire year. She stated that past practice has been to ask the resident to pay for the time the water is leaking and then adjust the remainder of the year's billing back to what it would normally be had there not been a leak during the first quarter of usage. Page 3 of 12 City Council Meeting October 19, 2010 City Administrator Hansen reaffirmed that residents are being made to pay for the time when a leak was occurring, but the City is not charging for the ensuing quarters, after a leak has already been fixed. Ms. Harrison noted the Water Board is diligent about noticing excessive water use and does go out and assist residents in helping find the problem. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the Utility Bill adjustments item of the Consent Agenda. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS Case No. 2010 -12. This is the date and time for a public hearing to consider a request from City of Stillwater for a zoning text amendment on swimminq pool safety enclosures. Notices were mailed to affected property owners and published in the Stillwater Gazette on October 8, 2010 Community Development Turnblad reviewed the current ordinance, which gives pool owners the choice of utilizing a safety fence or pool cover, and the actions since a change to the ordinance was first discussed earlier in the year. He also reviewed the different recommendations to the Council provided by a discussion group, the Planning Commission, and staff. Mayor Harycki opened the public hearing. Tim Nolde, 775 Green Twig Way, said he has an existing pool cover. He noted when the ordinance was changed five years ago, the City did a study of other communities that allowed either a pool cover or fence. He questioned the purpose of the ordinance, suggesting that if the purpose is safety, then all drainage ponds, the river and other public properties should be fenced as well. He suggested that a pool cover is safer than any fence. Councilmember Roush spoke of the difference in grade between a pond and a pool; he also noted the existing ordinance must be rewritten because it doesn't specify the definition of a pool cover. The resident of 1320 Amundson Place said he has a key -lock safety pool cover. He spoke of the extensive landscaping he has done to his property and that the pool is not visible. He said he went by the rules and regulations when he had the pool put in and purchased the safety cover. He stated that he would not like to spend any more money on a fence. Marie Lennartson, 2201 Bayberry, said she has followed this issue since it began this spring and participated in the discussion group meetings. She stated they have a pool cover and followed the ordinance when they installed their pool and Page 4 of 12 City Council Meeting October 19, 2010 cover. She said she thought the fair thing to do would be to grandfather the existing pool covers if the ordinance is changed. The resident of 309 E. Willow St. spoke in support of pool fencing. She spoke of the short time it takes for a child to drown and noted that drowning is the second leading cause of injury - related death for children ages 1 -14 and highest in preschoolers ages 1 -4. She spoke of the sources that recommend a four -sided fence as a pool safety barrier and stated one source estimates that pool fencing would reduce the number of drowning in domestic swimming by up to 67 %. She spoke of the difficulty of enforcing that pool covers are in place when someone is not attending the pool. She also expressed concern about grandfathering existing pool covers because of the risk those covers pose. Desmond Kilcoyne, 1213 Third Ave. S., noted the pool covers remove the water visibility, so there is no attractive nuisance. He said he agrees that the ordinance has to be changed to include a definition of allowable pool covers. He noted he followed the law when he installed his pool and that the pool is not visible and to put a fence around it would be detrimental. He also noted that folks with a fence only can't close the pool off when there are children or visitors around. He also pointed out that mandating a fence will mean a pool will be left uncovered and open for a much longer period of time than a pool with a cover only. There was discussion of winter closing of pools and how long a pool cover may or may not have to be left off during that procedure. Councilmember Roush spoke of malfunctions he has experienced with his pool when the cover was in the open position; he also spoke of the possibility of power outages. Marie Lennartson spoke of open gates and other fence violations she had observed; she also spoke of statistics indicating most drownings occur in family pools. Kevin Balfanz, 313 W. Sycamore St., stated he is a certified safety professional and served on the pool discussion group. He spoke of testimony in April from a pool installer and some of the problems that person had encountered with pool covers. He pointed out there is no background research that advocates pool covers that does not come from a pool cover manufacturer. He said he would favor what the staff is recommending. Anne Siess, 170 Interlachen Way Court, said she has been very involved with this issue and all the research she has done indicates fencing is the favored safety protection. She said a fence is a passive barrier for young children and elderly. No other comments were received, and the hearing was closed. Councilmember Roush said he thought the majority of sentiment supports fences going forward and the issue that needs to be discussed is whether or not to grandfather the existing pool covers. Page 5 of 12 City Council Meeting October 19, 2010 Mayor Harycki said he would consider a permanent grandfathering for the people who build their pool during the years the current ordinance has been in place and that he would favor requiring a fence of new construction /new permits. Councilmember Roush asked about the possibility of tying a requirement for a fence to transfer of ownership or title of a property; City Attorney Magnuson said a decision must be made as to whether this is a zoning requirement or a requirement under the police power, noting that state statute was changed in 2005 to give status to nonconforming uses, which eliminated the right of municipalities to amortize those nonconforming uses out of existence. Mr. Magnuson stated if this is a zoning requirement, then these nonconforming uses do have the protection of law; if this is some type of public safety requirement, such as speed limits or driving rules, then it is not a zoning issue, it's a public safety issue. Mr. Magnuson said it appears to him that this would fall under the zoning ordinance. In discussion, it was noted that the change in state statute would eliminate the need for grandfathering as that is already guaranteed to the nonconforming use. Councilmember Gag noted that most cities have a pool fence ordinance. Motion by Councilmember Gag, seconded by Mayor Harycki to approve the first reading of the proposed ordinance. Councilmember Roush said he thought the motion ought to be clarified, suggesting there are two options — whether to consider this a zoning issue or a public safety /police issue. Mr. Magnuson said in his view this is a zoning ordinance provision and since this is a regulation under the zoning power, there are restrictions with regard to the power to eliminate nonconforming uses — the change in statute allows nonconforming uses to be maintained and improved, the only restriction is that the use cannot be enlarged. Councilmember Roush said he wanted to be clear that there is no option regarding grandfathering rights. Mr. Magnuson said the Council always has a certain amount of choice /discretion to write regulations the way it would like, but there are some legal restraints and it could be subject to legal challenge. Mr. Magnuson stated he thought the safe way for the City, from a liability standpoint, would be to recognize the existing pools (covers) are lawful, nonconforming uses. Mayor Harycki noted that the staff recommendation for the motion reiterates that any swimming pool built between June 21, 2005, and November 2010 is allow to continue operating using a power safety cover. Page 6 of 12 City Council Meeting October 19, 2010 Councilmember Cook asked if this included safety barriers. Councilmember Gag said his motion is for approval of staff's recommendation. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Councilmember Polehna said a local resident has established a foundation, the Little Prince Foundation, in memory of his son who drowned. He informed the Council and audience that the foundation provides cards with safety tips for parents and suggested that the information be posted on the City web site or made available elsewhere. It was suggested, by City Clerk Ward, that the cards be handed out with pool permits. Councilmember Roush suggested amending the motion to terminate the use of a pool cover if it has not been used for a period of time. Mr. Turnblad noted that according to state statute, a nonconforming use loses its grandfathered status if not used for a period of 12 months. UNFINISHED BUSINESS No unfinished business. NEW BUSINESS Possible approval of improvements to server room MIS Specialist Holman spoke of problems /concerns with the server room, including cooling of the room and sprinkler heads. She said she has been working with a general contractor that would be willing to coordinate, warranty and be responsible for all work associated with installing a 2 -ton split air conditioning unit and clean agent fire suppression system. The cost for the improvement would be $23,760. City Administrator Hansen noted this has been a long- standing issue therefore he recommended approval of the requested expenditure; it was noted this is a budgeted item, with money available in reserves. On a question by Councilmember Cook, Ms. Holman said this solution should solve the problem well into the future. Motion by Councilmember Polehna, seconded by Councilmember Gag to approve the bid as presented. All in favor. Page 7 of 12 City Council Meeting October 19, 2010 Possible approval of Shared Fire and Rescue Services Grant Fire Chief Glaser asked for approval to apply for a fire and rescue shared services feasibility study grant available through the Department of Public Safety State Fire Marshal Division. He said the grant amounts range from $25,000 to $40,000 to hire a third -party consultant to do a study of the different agencies and how services might be provided more efficiently. He said he met with fire chiefs from Bayport, Lake Elmo, Mahtomedi and Lower St. Croix Valley to discuss interest in applying for the grant and four of the five are interested. He pointed out that the results of the study may or may not indicate there are advantages for some types of shared services. He said, if approved, Stillwater would serve as the lead agency for the grant application. On a question by Councilmember Roush, Chief Glaser said there is a 10% match required, which would be split among the participating agencies; should any of the other agencies decide not to move forward, he would keep the Council informed. Mayor Harycki said this seems a prudent thing to do given the current budget situation. There was discussion as to why Bayport has decided not to participate and whether that lack of participation might make the study a moot point. City Administrator Hansen said he has had many discussions with the Bayport City Administrator and that he would make him well aware of this opportunity. Chief Glaser noted the grant application is due December 1. Motion by Councilmember Roush, seconded by Councilmember Cook to adopt Resolution 2010 -158, authorizing the Stillwater Fire Department to apply for the fire and rescue shared services feasibility study grant. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible appointments to Planning Commission City Clerk Ward stated two applications were received for the Planning Commission openings, with interviews conducted by Councilmember Gag and Planning Commission Chair Middleton. She stated that it was the recommendation to appoint Anne Siess as the new voting member to the commission with her term ending May 1, 2013 and appointing Matt Gallick beginning January 1, 2011 to fill the unexpired term of David Middleton which ends May 1, 2012. Page 8 of 12 City Council Meeting October 19, 2010 Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -159, Appointing Anne Siess and Matt Gallick to the Planning Commission. Councilmember Cook suggested changing the description of Ms. Siess's position. City Clerk Ward stated that clarification of the position would be made. Councilmember Roush amended his motion to reflect that change in description, Councilmember Polehna agreed to the amendment. Roll call vote was taken. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible purchase of John Deere Utility Tractor Public Works Director Sanders reviewed the request for the purchase of a utility tractor. Cost of the purchase price of $46,923 would be offset by $10,000 from the Recreation Center for use of another piece of Public Works Department equipment for maintaining the outdoor rink at the Recreation Center. In addition, he said the City would receive a trade -in value of $28,400, making the overall purchase price of the new tractor about $9,000. Mr. Sanders stated the Recreation Center also is requesting to purchase a tank and sprayer for the outdoor rink at a cost of $5,000, snow blower for $6,000 and improvement to a storage shed for $3,000. He noted the Recreation Center had budgeted $45,000 for purchase of the equipment it will now be sharing with Public Works. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -160, approving the purchase of John Deere 4720 utility tractor and recreation center improvements and equipment. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of 2011 & 2012 Marathon Agreement City Administrator Hansen noted most changes are minor. He said some changes included language related to public input on changes to the course /start and finish lines, dates for fee payments, a small increase in the number of participants. Councilmember Roush said he was pleased with the changes made. Councilmember Cook questioned the language related to item No. 4 — changes to starting and finish lines. Page 9 of 12 City Council Meeting October 19, 2010 City Administrator Hansen said that wording was to allow Council enough time to make a decision on whether to approve any change to the start/finish lines. Councilmember Cook asked about the provision for insurance and the wording of maximum liability as set forth "from to time." City Attorney Magnuson explained that wording is due to the fact that the maximum liability is frequently changed; Councilmember Cook pointed out the amount may change but the statute number does not. It was agreed to remove the "from time to time." Councilmember Cook asked about item No. 23 and the amount of the deposit for City costs; it was noted the deposit will be based on actual expenses from the previous year. Councilmember Cook asked that this be a one -year contract as is done with the art fairs and bike race and that she thought all of the large events should be one -year contacts. Mayor Harycki noted that the event promoter believes that having to negotiate on an annual basis delays his marketing efforts. City Administrator Hansen referred to the time involved in negotiating these contracts on an annual basis. Councilmembers Gag and Roush said they would be comfortable with a one -year contract. Police Chief Gannaway asked about a timeline for obtaining MnDOT permits for road closures; City Attorney Magnuson suggested adding language to the emergency plan section (page 5) stating that "all agreements and permits with outside agencies must be submitted to the City no later than April 1... Councilmember Polehna noted that art fair contracts are one -page permits, unlike this agreement, and he noted the contract provides the ability to reopen contract negotiations on an annual basis. Motion by Councilmember Roush, seconded by Councilmember Gag to adopt Resolution 2010 -161, approval of 2011 Marathon Agreement. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of Private Sewer and Water Repair City Administrator Hansen reviewed a situation involving a neighborhood problem with water and sewer lines, where people are getting water out of a garden hose. He said the people were informed the problem was with their services lines and therefore their responsibility to pay for repairs. Mr. Hansen suggested that if the property owners requested, the City may agree to pay the upfront cost and assess the cost as a special assessment on the properties; he Page 10 of 12 City Council Meeting October 19, 2010 noted that the City has done this on a number of occasions in the past when folks are in a bad situation. He said he recommended that the folks with the problem obtain written estimates of the cost; they were also advised they would have to sign a waiver of right to contest the assessments, which have been obtained. He said the assessment would be spread over a five -year period, with interest. On a question by Councilmember Cook, Mr. Hansen said the City has never required proof of hardship in the past; he also stated due to the season, this situation does represent an emergency. Motion by Councilmember Gag, seconded by Mayor Harycki to adopt Resolution 2010- 162, authorizing emergency repairs entering into a contract with Fuhr Trenching and Trucking Company for the replacement of sewer water lines at 722 Martha Street and 812 Abbott Street in the city. Councilmember Roush said he didn't think it appropriate for government to be providing personal loans for home projects. Mayor Harycki pointed out this is the same as is done for street projects. City Administrator Hansen pointed out that this request is not unique to Stillwater, other communities do the same; he reiterated these people will pay 100% of the cost, plus 4.5% interest over the next five years. Councilmember Cook said she thought there was enough difference about this situation and the emergency involved. Aye: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Polehna provided an update on Yellow Ribbon activities. He stated a Veterans' Day service will take place November 7 at Trinity Lutheran Church. He thanked Councilmember Gag for his efforts in getting prints made of the downtown Stillwater's welcome home 34 banner. He said a meet - and -greet event is scheduled for November 9 at the Prom Center as part of the Yellow Ribbon Network of Washington County. He said he would be giving a presentation on Stillwater's Yellow Ribbon program at the National Recreation and Parks Association Congress. There was discussion of the recent ruling on the new St. Croix River crossing. Mayor Harycki stated a meeting of the Bridge Coalition was scheduled to discuss the impact and suggested that the Coalition seems to be the right structure to get some political force behind the effort for a new bridge. Mayor Harycki noted the Page 11 of 12 City Council Meeting October 19, 2010 National Park Service has left the door open indicating it would honor an act of Congress. ADJOURNMENT to Executive Session for Labor Contracts Motion by Councilmember Gag, seconded by Councilmember Roush to adjourn to executive session at 9:33 p.m. All in favor. ATTEST: d WVAAI� - Larry D. risen, City Administrator Resolution 2010 -154, directing payment of bills Resolution 2010 -155, approval of SafeAssure Consultants, Inc. for OSHA and safety consultation Resolution 2010 -156, approval of health and dental rates for 2010 Resolution 2010 -157, approval of agreement for professional services with Carmen Tschofen Resolution 2010 -158, authorizing the Stillwater Fire Department to apply for the fire and rescue shared services feasibility study grant. Resolution 2010 -159, Appointing Anne Siess and Matt Gallick to the Planning Commission Resolution 2010 -160, approving the purchase of John Deere 4720 utility tractor and recreation center improvements and equipment Resolution 2010 -161, approval of 2011 Marathon Agreement Resolution 2010 -162, authorizing emergency repairs entering into a contract with Fuhr Trenching and Trucking Company for the replacement of sewer water lines at 722 Martha Street and 812 Abbott Street in the City of Stillwater Page 12 of 12