HomeMy WebLinkAbout2010-12-21 CC MIN • ate
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CITY COUNCIL MEETING
December 21, 2010
REGULAR MEETING 7:00 P.M.
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
MIS Director Holman
Police Chief Gannaway
Public Works Director Sanders
City Clerk Ward
PLEDGE OF ALLEGIANCE
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
December 7, 2010, regular and recessed minutes and the December 14, 2010, special
meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Allen Okerman — Request for 24/7 parking ramp permit
Community Development Director Turnblad reviewed the request for the parking
ramp permit and the reasons that the Parking Commission does not sell residential
permits for the ramp. Mr. Turnblad stated that if the Council does approve the
request, staff would recommend five conditions attached to the approval: (i) that
granting the permit will not exceed the statutory limits of the TIF financing
arrangement for the ramp; (ii) that the permit be only valid between Oct. 1st and
April 30th; (iii) that the permit is non - transferable; (iv) that the cost of the reserved
parking sign be paid by the permit holder; and (v) that the cost of the permit should
be determined by the Parking Commission.
City Attorney Magnuson reported that he did not think the issuance of this permit
would present a problem for the TIF financing arrangement.
City Council Meeting December 21, 2010
Councilmember Roush asked where the resident is currently parking; and Mr.
Turnblad answered that Rivertown Commons parking is all assigned parking, so
newer residents with no assigned parking spot park on the street until they are able
to obtain an assigned spot. Councilmember Roush pointed out that granting the
requested permit would free up an on- street parking space. Mr. Turnblad indicated
that the Parking Commission is concerned that if ramp parking is opened up to
more than the 8 permits allotted to Rivertown Commons, it will result in a number of
additional requests.
Mayor Harycki asked if such a request could be limited to a person with a
handicapped parking permit; and City Attorney Magnuson replied that he did not
think that would be discriminatory. Mayor Harycki referred to this year's snowy
conditions and suggested restricting the residential ramp permits to persons with a
handicapped permit may be a way of limiting such requests until the City has more
experience with the ramp usage.
Councilmembers Cook and Polehna talked about the likelihood of a number of
similar requests; Councilmember Polehna suggested that perhaps such permits
should be limited to Rivertown Commons residents.
Councilmember Roush stated he didn't think this would be a big problem, given the
current usage.
Councilmember Gag said with just one year of data from the ramp usage, he would
not be comfortable with opening this up to everyone.
On a question by Councilmember Cook, City Attorney Magnuson stated that he
thought it would be legally safer to restrict such permits to persons with
handicapped permits, rather than limit the issuance to residents of a particular
facility.
Mayor Harycki suggested that this is a policy decision and the Council could direct
staff to develop guidelines for the issuance of the number of such permits that could
be reasonably accommodated.
Mr. Okerman spoke of the difficulty of having to park on the street and move his car
every three hours.
Councilmember Roush asked if the motion would be for a one -year trial basis;
Mayor Harycki noted it would likely be more of a four -month trial basis as permits
would expire at the end of April.
There was discussion as to whether it might be more appropriate to refer this back
to the Parking Commission; and it was noted that the Parking Commission does not
meet until January and approval might be delayed until the winter season is nearly
over.
Mr. Turnblad pointed out that if 10% of the parking ramp capacity is the number that
can't be exceeded due to the TIF arrangement that would limit the number of such
permits to about 25, of which 8 are already obligated to Rivertown Commons. In
discussion, Mr. Turnblad said, as he understood the direction from the Council, the
policy would be to accept application for a residential off - season parking permit from
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City Council Meeting December 21, 2010
persons with a state - licensed handicapped parking permit, with the ramp permits to
be issued on a first -come, first - served basis and limited to the 10% TIF number. Mr.
Turnblad said staff or the Parking Commission will determine the cost for the permit.
Motion by Mayor Harycki, seconded by Councilmember Roush to direct staff to
accommodate the request along with the latitude to determine the number of other
requests that could be approved, with approval contingent on the possession of a
handicapped permit. All in favor.
Mayor Harycki acknowledged a number of students in attendance.
OPEN FORUM
The resident of 142 Boutwell Court praised the work of the Public Works crews in
keeping the roads cleared during the recent snow events.
STAFF REPORTS
Police Chief Gannaway noted that two of the three squad cars purchased last year
and placed in storage until needed have now been put in service due to the ongoing
maintenance required of two older vehicles. He indicated that the third car will be
held in reserve for as long as possible. He asked residents to slow down due to the
road conditions, noting that the department has written a lot of accident reports.
Mayor Harycki asked about the device to cut down on idling of squad cars; and
Chief Gannaway responded that he had looked at the cost, $1,200 - $1,600 for
installation, and he didn't think the fuel savings would offset the actual cost of the
device, but indicated that he would look into it more.
City Clerk Ward reported that during election years, if there is a change in Council,
the 4:30 session of the first meeting in January is canceled. She noted that a notice
of the cancelation was included in the agenda packet and asked for approval to
move forward.
Motion by Mayor Harycki, seconded by Councilmember Polehna, to approve the
cancelation of the 4:30 meeting on January 4, 2011. All in favor.
MIS Director Holman reviewed her memo regarding the proposed technology and
internet use policy revisions and social media policy included in the agenda packet.
On a question by Mayor Harycki, Ms. Holman responded that the technology and
internet use policy was based on the League of Minnesota Cities policy, and that
the social media policy was based on League recommendations and from
information received from other cities. She stated that training on the new policies
would be conducted in January.
Councilmember Polehna asked if the social media policy was so restrictive as to
preclude posting of street project information or ski trail conditions on Twitter; and
Ms. Holman replied that restrictions would not prohibit the posting of pertinent
information. Ms. Holman said the department heads would be responsible for the
content that gets posted on any social media site(s).
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City Council Meeting December 21, 2010
Councilmember Roush thought the policies were well done, inclusive and flexible.
Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt
Resolution 2010 -203, approving the City of Stillwater technology and internet use and
social media policies.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Ms. Holman noted a health and wellness grant that she had applied for was
included on the Consent Agenda. She explained that the $4,000 grant is to do an
employee health risk assessment, with a needs and interest survey, and to develop
a wellness program and policy for the City. She reported that there is no in -kind
money required and any money remaining can be applied to her time spent
developing the program. She noted that the recent City blood drive exceeded the
goal of 35 units.
Public Works Director Sanders updated the Council on the recent snow events and
efforts at plowing and widening of the streets for emergency vehicles. He indicated
that there remains some work to be done, cleaning up cul -de -sacs and clearing
sight -line distances at some intersections. He thanked residents for assisting in
clearing out hydrants and asked for additional assistance in that area. He also
stated that ice rinks would be open for Christmas.
Mayor Harycki thanked crews for their efforts at plowing and clearing streets.
Councilmember Cook noted that people are still responsible for clearing their
sidewalks and pointed out that assistance is available for elderly and other folks
unable to physically take care of that task from Sentence to Serve crews; she asked
that the contact number be posted on the web site.
Community Development Director Turnblad distributed the second draft of an
economic development brochure being prepared for businesses that might be
interested in locating in Stillwater.
CONSENT AGENDA
1. Resolution 2010 -199, directing payment of bills
2. Resolution 2010 -200, adopting delinquent sewer charges Project No. 0001
3. Resolution 2010 -201, approval of the St. Croix Valley Recreation Center and Lily
Lake Arena Management Agreement
4. Resolution 2010 -202, authorizing the acceptance of the grant Health & Wellness
Grant from Statewide Health Improvement Program Washington County
5. Possible approval to carry over Capital Outlay Items
a) MIS
b) Plant City Hall
c) Fire Department
d) Recreation Center
e) Public Works, Parks, Streets, Sewer
Page 4 of 9
City Council Meeting December 21, 2010
Councilmember Roush asked that Item No. 4 (management agreement for Lily Lake
and St. Croix Valley Recreation Center) be pulled for discussion.
Councilmember Cook asked about the bill for the play equipment for Legends Park
and whether that was previously approved; and Mr. Sanders noted that it was part
of the Water Board's pump house improvements.
Motion by Councilmember Gag, seconded by Councilmember Polehna, to approve the
Consent Agenda minus Item 4.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Regarding Item 4, Councilmember Roush noted the contract includes concessions
for both Lily Lake and the Recreation Center, while the Council just recently
awarded a contract for concessions at the Recreation Center to another entity.
City Attorney Magnuson noted this is the same language that was included in last
year's contract and authorizes St. Croix Caterers to consent to the concession
agreement with the Dairy Queen people, but said the contract could be changed to
recite the new agreement if the Council so desires.
Councilmember Roush asked if the new agreement for concessions is with the City
or being subcontracted through St. Croix Caterers. Mr. Magnuson responded that
the agreement is with the City, but was arranged and brokered by St. Croix
Caterers.
Motion by Councilmember Roush, seconded by Councilmember Gag, to approve the
management contract with St. Croix Caterers.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
PUBLIC HEARINGS
No public hearings
UNFINISHED BUSINESS
Possible A. 'royal of Second Reading of Ordinance 1025 an Ordinance Amending
Chapter 56 of the Stillwater City Code, Taxes and Assessments, Section 56 -5, Local
Lodging Tax - Established
City Attorney Magnuson stated that there was one change since the first reading
relating to the requirement for an annual report. He indicated that the change
requires the CVB Board to provide the City Council with a final annual report prior to
Dec. 1 of each year, with the report to include, at a minimum, an accounting of
income and expenses of the CVB for the year and a proposed budget for the
following year.
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City Council Meeting December 21, 2010
Mayor Harycki noted that the only other open item is whether B &B should be
included or exempt.
Tom Lynum, Sauntry Mansion B &B, referred to his e-mail sent to the Council.
Councilmember Gag referred to previous discussions about exempting B &Bs and
spoke in favor of being consistent and not changing the policy.
Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Ordinance
1025, An Ordinance Amending Chapter 56 of the Stillwater City Code, Taxes and
Assessments, Section 56 -5, Local Lodging Tax - Established
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Possible approval of resolution adopting policies for events and discussion of downtown
beautification
Community Development Director Turnblad noted that there are two resolutions for
the Council's consideration, one adopting the policies for reviewing event
applications, which incorporates the recommendations of the special events task
force as discussed several time in the past. The second resolution is one brought
forward by Councilmember Cook at the previous meeting related to downtown
beautification. Mr. Turnblad said the beautification proposal is that there should be a
group, much like the Parks Commission, that would make recommendations
regarding a work program for each year, which would be adopted as part of the
budget process. He suggested that either the Downtown Parking Commission or the
Parks and Recreation Commission might be appropriate bodies for the downtown
beautification program.
Councilmember Cook stated that her intent was to protect the money currently
being allocated for beautification efforts, as well as to create some ability to raise
additional funds and accept gifts for additional enhancements. There was
discussion as to how to ensure designated gifts are utilized as a donor wishes.
Councilmember Cook spoke of her goal of having a dedicated fund to keep
additional funds raised for downtown beautification projects.
Mr. Turnblad pointed out that both the Parking Commission and Parks Commission
put together a work program for the year, which the Council adopts as part of the
budget process, so the Council will know where funding is coming from and where it
is being spent. Mr. Turnblad suggested that the Parks Commission seems to be a
better fit for this as meetings are more available to the public — the Parking
Commission meets at 8:30 a.m., with the Parks Commission meets in the evening
when more members of the public would be able to attend.
Councilmember Cook expressed some concern about the staff revision of the
resolution related to beautification; and Mr. Turnblad pointed out that for timing
purposes, it would be most important to adopt the policies for reviewing event
applications at this meeting.
Page 6 of 9
City Council Meeting December 21, 2010
Motion by Mayor Harycki, seconded by Councilmember Gag to adopt Resolution 2010-
204, Establishing policies related to review of event applications, with the beautification
resolution to be brought back at the next meeting.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Councilmember Gag thanked everyone who worked on the task force for their
efforts.
Councilmember Cook also thanked the people who worked on the beautification
subcommittee and said she would like that resolution adopted at the next meeting,
incorporating the changes discussed.
NEW BUSINESS
Possible appointment to the Human Rights Commission
City Clerk Ward noted one application had been received for the Human Rights
Commission and that the Commission remains three people short.
Councilmember Polehna reported that he and Commission Chair Taves had
interviewed the applicant and he would recommend appointment of Carla Harvieux.
Councilmember Roush said he was impressed with the applicant.
Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt
Resolution 2010 -205, appointing Carla Harvieux to the Human Rights Commission.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Possible approval of Administrative Fees for Mowing, Clean up and Snow Removal
Community Development Director Turnblad noted that the City passes on the cost
for mowing and cleanup of vacant properties. He indicated that currently only the
contract cost is passed on, but because there is a lot of staff hours involved, the
recommendation is to charge a fee of $100 for the first occurrence, and $50 for
subsequent occurrences, in addition to the contract amount.
Mayor Harycki asked if the proposed amount was sufficient to cover staff time and
Mr. Turnblad responded that staff is considering charging additional for the
extraordinary properties.
Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt
Resolution 2010 -206, approving administrative fees for mowing, clean up and snow
removal.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
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City Council Meeting December 21, 2010
Possible approval of 2011 Annual Contract for Mowing and Clean up Services
Community Development Director Turnblad reported that 18 companies were
contacted regarding the contract for services, with just 3 bids received. He noted
that the bids were competitive and lower than this year's bids. He indicated that the
recommendation is that the mowing and trash cleanup be awarded to Hassis Snow
Removal and Yard Services, with the snow removal awarded to Four Seasons
Outdoor Services.
Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt
Resolution 2010 -207, accepting bid and authorizing contract for the 2011 annual contract
for mowing, clean up, and snow removal services.
Councilmember Polehna noted securing of property wasn't included; Mr. Turnblad
said the recommendation is to also award that contract to Four Seasons.
Councilmember Roush amended his motion; Councilmember Polehna amended his
second to include the securing services as recommended.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Replacement of Retiring Sergeant
Chief Gannaway stated Sgt. Dave Roettger will be retiring at the end of January,
2011 (not officially yet), which in essence creates two vacancies — the position and
a supervisory person. He asked for approval to hire a new person and promote
within the department to fill the supervisory position; and he noted that the
processes involved take time so the request is being made at this time so the
transition can be made smoothly. Chief Gannaway noted there will be some cost
savings involved.
Mayor Harycki said if the savings materialize in 2011, he suggested that it be left to
the Chief's discretion as to whether to use the funds to replace an additional squad
car as there is none included in the 2011 budget or other equipment needs, with the
Chief to come back to the Council with a recommendation. Mayor Harycki pointed
out there is a hiring freeze, which is the reason this request is on the agenda.
Councilmember Roush noted this is a direct replacement and not an additional staff
member.
Motion by Councilmember Roush, seconded by Councilmember Gag to approve the
request as presented. All in favor.
COUNCIL REQUEST ITEMS
Beyond Yellow Ribbon Update
Councilmember Polehna told the Council a meeting is being planned with the Lake
Elmo Yellow Ribbon Network. He said the Stillwater group is working with a soldier
who was wounded in Iraq and has some needs.
Councilmember Cook asked about the Social Host ordinance and said she thought
this was going to be brought back to the Council in November. Chief Gannaway
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City Council Meeting December 21, 2010
said it was his understanding that he would meet with Councilmember Cook, a
representative from the Washington Council Collaborative and perhaps City
Attorney Magnuson to discuss the ordinance. Chief Gannaway suggested that
meeting take place right after the first of the year.
Councilmember Roush asked about the Nuisance Ordinance. City Attorney
Magnuson said one property qualified and there has been significant headway
cleaning it, with one other nuisance property brought to the District Court under the
state Nuisance Statute with an order issue prescribing the remediation that needs to
be done on that property.
Mayor Harycki thanked Councilmember Gag for his hard work during the past four
years, in particular with the special events task force. Councilmember Gag
extended his thanks to fellow Councilmembers and staff.
ADJOURNMENT
Motion by Councilmember Gag, seconded by Councilmember Pole. s- to adjourn at 8:22
p.m. All in favor.
Ken ; ���cki, Mayor
AAEST:
/riy
Diane F. Ward, City Clerk
Resolution 2010 -199, directing payment of bills
Resolution 2010 -200, adopting delinquent sewer charges Project No. 0001
Resolution 2010 -201, approval of the St. Croix Valley Recreation Center and Lily
Lake Arena Management Agreement
Resolution 2010 -202, authorizing the acceptance of the grant Health & Wellness
Grant from Statewide Health Improvement Program Washington County
Resolution 2010 -203, approving the City of Stillwater technology and internet use
and social media policies
Resolution 2010 -204, establishing policies related to review of event applications
Resolution 2010 -205, appointing Carla Harvieux to the Human Rights Commission
Resolution 2010 -206, approving administrative fees for mowing, clean up and
snow removal
Resolution 2010 -207, accepting bid and authorizing contract for the 2011 annual
contract for mowing, clean up, and snow removal services
Ordinance 1025, an Ordinance Amending Chapter 56 of the Stillwater City Code,
Taxes and Assessments, Section 56 -5, Local Lodging Tax - Established
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