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HomeMy WebLinkAbout2011-01-18 CC MIN( N&grJqjP1 I . er W 191 111TNPLAC1 � CITY COUNCIL MINUTES January 18, 2011 REGULAR MEETING Mayor Harycki called the meeting to order at 7 p.m. 7:00 P.M. Present: Councilmembers Cook, Menikheim, 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 Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Councilmember Cook asked that the minutes for the resolution relating to beautification funds (page 4) be amended to reflect that she meant that the resolution is a first attempt to create a fund where residents and other people can contribute to the beautification fund through the City. Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve the January 4, 2011, regular meeting minutes, with that change. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Council Service Award — Eckberg, Lammers, Briggs, Wolff & Vierling Law Firm Mayor Harycki presented a Council Service Award to the Eckberg, Lammers, Briggs, Wolff & Vierling Law Firm for their support of troops through the Washington County Beyond the Yellow Ribbon Network and their sponsorship of several special events for the Red Bulls and National Guard. Two representatives of the firm were present to accept the award; they acknowledged the work of Councilmember Polehna in founding the Yellow Ribbon Network in this area. City Council Meeting January 18, 2011 Certificate of Appreciation — Gary Fullerton — Retirement — 35 years of service Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2011 -11, certificate of appreciation commending Gary Fullerton for his more than 35 years of service to the City. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Certificate of Appreciation — Dave Roettger — Retirement — 29+ years of service Motion by Councilmember Cook, seconded by Councilmember Roush to adopt Resolution 2011 -12, certificate of appreciation commending Dave Roettger for his 29+ years of service to the City. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Mayor Harycki and Chief Gannaway presented the certificate of appreciation and plaque to Sgt. Roettger. Mayor Harycki read Mr. Fullerton's certificate of appreciation into the record and wished him well in his retirement. OPEN FORUM Brent Peterson, executive director of the Washington County Historical Society, invited the Council and residents to attend the Society's ice cream social scheduled for January 22. Randy Rolston, 518 Maple St., asked that the City look into making Teddy Bear Pak a "non- smoking" area, due to the topography which traps the smoke. Councilmember Polehna stated that he thought there was an ordinance which prohibits adults from using tobacco where children are present. It was agreed to have staff check into that and /or refer the issue to the Parks Commission. STAFF REPORTS Fire Chief Glaser referred to his memo regarding potential cost recovery for the fire department. He stated that he had looked at other departments around the metro area and throughout the state and found that many departments put together actual fee schedules for use of equipment, hourly wages, and some training activities the department provides in the event the opportunity arises for billing back some of the costs. He noted that most of the department's mutual aid agreements are 12 -hour agreements where the City "donates" mutual aid for up to 12 hours; if an event lasts for more than 12 hours, the department could start billing an hourly rate for use of equipment. He also noted there are state statutes for hazardous waste -type incidents and wildfire incidents which allow a department to bill the responsible party for any Page 2 of 12 City Council Meeting January 18, 2011 resources used. He asked the Council if he should pursue putting together a fee schedule for such incidents. Councilmember Cook stated that she liked the idea of having something formalized and in place for events that require the department to go above and beyond. Chief Glaser pointed out this could be used for disaster recovery as well, noting that FEMA generally will recognize a fee schedule that has been in place and approved by the governing body. Councilmember Roush asked whether it might not make sense to include police and public works for FEMA reimbursement; Councilmember Polehna agreed that there should be a fee schedule for all departments. Mayor Harycki expressed concern about billing for training services such as training in the use of fire extinguishers, suggesting that service is somewhat of a community outreach. Chief Glaser pointed out that requests for training often come from outside the department's response area. Mayor Harycki suggested taking the broader approach, including police and public works, in developing a fee schedule. Chief Glaser stated that he would put together more detailed information for a future meeting. Community Development Director Turnblad highlighted some of the information in his department's annual report. He pointed out that both the building division and planning division are directly impacted by the economy, noting that the City is at an all -time low in the issuance of commercial building permits, with residential permits appearing to have stabilized over the last two years. He stated that residential permits include both new construction and remodels /additions, and spoke of the workload of building inspections per person; he stated that the average workload per inspector is 1,400 a year or about 5+ per day. He reviewed the number of new planning cases and the types of cases. He also briefly addressed some of the new activities the department has taken on, such as economic development, work on task forces, and ordinance development. On a question by Mayor Harycki, Mr. Turnblad reviewed how permits are tracked, and he explained that staff does a sit -down with the contractor /homeowner to walk through expectations and how to fulfill those expectations. Public Works Director Sanders stated that staff has been working on the feasibility study for the 2011 street improvement project. He stated that Amundson Lane was identified in the Comprehensive Plan as having a trail or sidewalk; however, according to a survey of residents, of 54 responses only one was in favor of a trail or sidewalk. Mayor Harycki stated that he would be in favor of acknowledging the feedback and dropping pursuing sidewalk/trail. Councilmember Roush stated that in the overwhelmingly against a sidewalk or trail; was very open to the idea of rain gardens. neighborhood meeting, the sentiment was however, he stated that the neighborhood Page 3 of 12 City Council Meeting January 18, 2011 Motion by Councilmember Roush, seconded by Councilmember Cook to not include a trail or sidewalk for Amundson in the 2011 street improvement project. Motion passed 4 -1 ( Polehna). Regarding Wilkins Street, Mr. Sanders stated that the Comprehensive Plan also shows sidewalk improvements. He stated that currently there are sidewalks on both sides of the street for about 3 / of the project area, with no sidewalks toward the western portion of the area. He stated that a survey of residents was not as overwhelming as the Amundson survey, with 7 favoring a sidewalk and about 20 opposed. He noted that this segment is viewed as being a little more important since there is a sidewalk and it could be a link to Owens Street and eventually to the Zephyr trail in the future. Councilmember Cook stated that she would like to hold off on any formal action until after the public hearing. Mr. Sanders told the Council that the City has been informed by the Metropolitan Council that is has received a $106,000 for the downtown sewer lining project to eliminate the inflow /infiltration going into the trunk sanitary sewer line. He also informed the Council that the Brown's Creek Watershed District and Middle St. Croix Water Management Organization would like to schedule a joint board meeting for the March 1, at the 4:30 p.m. meeting. Mayor Harycki acknowledged the attendance of members of Scout Troop 114. Mayor Harycki suggested putting together a notification system in the event the City needs volunteers to assist in possible flood fighting efforts this spring. MIS Specialist Holman stated that staff has already started to build a Facebook page, which could be utilized for such events. Finance Director Harrison informed the Council that the City has, for the 20 consecutive year, received the GFOA award for excellence in financial reporting. She thanked the council and staff, especially the staff of the finance department, for continued support and assistance in making the award possible. CONSENT AGENDA Resolution 2011 -10, directing payment of bills Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the Consent Agenda as presented. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS No public hearings Page 4 of 12 City Council Meeting January 18, 2011 UNFINISHED BUSINESS Discussion on lobbyist efforts Moved to end of meeting. NEW BUSINESS Possible purchase of computers MIS Specialist Holman referred to her memo in the agenda packet regarding the requested purchase, which notes that since February 2008, only six computers have been purchased. She stated that there are a lot of problems with existing computers, with no resources /spare part to repair malfunctioning computers. She stated that when she reallocated money from 2010 to 2011, she made a provision for the purchase of 12 computers; she talked about the reallocation of computers when new are purchased. She stated that she thought it would be most beneficial to purchase the 12 computers at this time, but stated that she could go with six new and request the additional purchase at a later time. Councilmember Menikheim suggested negotiating with the provider to see if there might not be a better price if 12 are purchase at one time. Ms. Holman stated that the City purchases its computers through the government contract but stated that she could check into the possible price reduction. Councilmember Roush pointed out that the government contract price generally is set in stone. City Administrator Hansen noted that his recommendation to approve the purchase of six was due to the uncertainty of what the Legislature might do to cities. There was discussion of the condition of a number of computers. Motion by Councilmember Roush, seconded by Councilmember Cook to approve the purchase of the six computers as recommended by Ms. Holman and City Administrator Hansen. All in favor. Possible approval of first reading of Ordinance 1026, amending Chapter 41, Licenses, Permits and Prohibitions, Sec. 41 -4, Peddlers and Solicitors City Attorney Magnuson noted that several years ago, the City took action to not require that peddlers be licensed, only that they be registered. He stated that both the Police Chief and Clerk have requested that the Council consider amending the ordinance to again require the licensing of peddlers. He stated that the Clerk has reviewed ordinances for a number of cities and extracted the provisions that sets up the licensing procedure, requiring identification background checks and investigations; he stated that those changes have been inserted into the existing ordinance. Page 5 of 12 City Council Meeting January 18, 2011 Mayor Harycki noted that there is an exemption for youth groups, school groups and other charitable organizations; he asked about temporary sales at hotels and whether those are included. City Attorney Magnuson stated that this regulates the door -to -door peddler, and he stated there is nothing in the proposed ordinance that would go against interstate commerce regulations. City Administrator Hansen pointed out there is a possibility this will create more additional administrative work, but stated that if it does, staff can come back with that issue; he stated that he particularly liked the provision regarding emergency revocation of the licenses. Mayor Harycki suggesting adding hotel rooms to the section related to transient merchants; Mr. Magnuson stated that he would look into that. Chief Gannaway spoke in favor of the proposed ordinance change, noting that the City receives numerous complaints regarding this activity during the warmer months. Councilmember Roush suggested this is a service the residents will appreciate. Councilmember Polehna suggested that residents be notified that there is now a requirement that peddlers be licensed. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the, the first reading of the ordinance and directing City Attorney Magnuson to add the proposed additions as discussed. Councilmember Menikheim questioned whether the fee covers the cost of the background investigation; Chief Gannaway responded in the affirmative. Councilmember Menikheim questioned whether candidates for office are included and should be exempt; it was noted there is state statute that covers political campaigning. It was agreed that the language include an exemption for candidates for office. Councilmember Roush amended his motion to include that change; Councilmember Polehna agreed to amend the second. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible awarding contract to Metropolitan Mechanical Contractors Inc. City Administrator Hansen stated that he had been disappointed with the service provided by the current contractor and had given notice to that firm as required by the contract. Five quotes were received and Metropolitan Mechanical Contractors provided the low quote of $8,488.. He stated that Metropolitan Mechanical Contractors is a major player in the area and can certainly do the required work and recommended award of the contract to that firm. He stated that dependent upon the service all those submitting quotes have an automatic renewal provision subject to a 30 -day cancellation notice. Page 6 of 12 City Council Meeting January 18, 2011 Mr. Hansen did refer to one potential issue regarding the "brain box" as outlined in his memo to the Council Councilmember Cook asked if this contractor could be asked to look at the problem with the air conditioner; Mr. Hansen stated that could certainly be done. Motion by Councilmember Polehna, seconded by Councilmember Cook to adopt Resolution 2011 -13, accepting quotes and awarding contract for HVAC maintenance for city hall, fire department and public works Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of resolution for Fees for Services /Publications /Administrative Citations —2011 Clerk Ward reviewed the changes to the fees, noting there is an increase in the sanitary sewer and water hookup changes and a new fee, as permitted by law, for lead certification/ verification. She also stated that the Parks Commission increased some fees, which this schedule reflects. She pointed out that some of the previous administrative citations are no longer allowed and have been eliminated. Councilmember Roush suggested that the wording of fees for audio and video tapes be updated to indicate the fee is for copies or CD /DVD, rather than tapes. Councilmember Cook referred to item 3 of the alcohol violations, noting that the presentation by the Chemical Health Collaborative pointed out that Stillwater's fines are the lowest of any jurisdiction, with one of the largest number of vendors; she suggested that the fine be raised to be comparable with other jurisdictions, $500 for the first offense. Councilmember Cook stated that increasing the fines would send a message regarding a serious issue. Mayor Harycki and Councilmember Polehna suggested raising the fees for 2 and 3rd offenses as well, to $750 for the second offense and $1,000 for the third. Mayor Harycki suggested increasing the fines for item 4 to the same levels; on a question by Councilmember Polehna, Police Chief Gannaway stated that sales to obviously intoxicated persons is a problem periodically. Motion by Councilmember Cook, seconded by Councilmember Polehna to adopt Resolution 2011 -14, approval of resolution for Fees for Services /Publications/ Administrative Citations — 2011, with the language change suggested by Councilmember Roush and changing the fines for items 3 and 4 of the alcohol violations to $500 for the 1 st offence, $750 for the 2nd and $1,000 for the 3rd Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Page 7 of 12 City Council Meeting January 18, 2011 Possible appointment of alternate member to Middle St. Croix Watershed District Board Councilmember Cook volunteered to serve as the alternate. Motion by Mayor Harycki, seconded by Councilmember Menikheim, moved to appoint Councilmember Cook as the alternate to the Middle St. Croix Watershed Board. All in favor. Discussion on St. Croix Packet contract of Stillwater Barge Propert y City Attorney Magnuson informed the Council that the current lease expires July 21, 2011. A copy of the lease agreement was included in the agenda packet. Councilmember Roush stated that he had asked that the contract be addressed as the dynamics of the lease have changed, specifically the rent in -kind as the Cayuga and Frank E are no longer on the property. City Attorney Magnuson noted the Frank E is still located at the site. Councilmember Cook suggested that the City never would have entered such an agreement if it hadn't been for the presence and problems posed by the Cayuga; she also suggested the rent is not close to the fair market value and questioned why the lease would be renewed and the land not be put to public use. It was noted the site is under consideration for a possible public boat launch. On a question by Councilmember Roush, City Attorney Magnuson stated that there is no automatic renewal clause for the lease agreement, but advised that if the lease if not going to be renewed, notice should be given to the tenant by June. Possible approval to hire temporary seasonal Community Service Officers Police Chief Gannaway reviewed the request for the hiring of temporary seasonal employees, two seasonal Community Service Officers (CSO), one seasonal parking enforcement officer and 4 -6 part-time parking attendants. He stated that the cost savings from Sgt. Roettger's pending retirement will be used to fund one of the CSO positions; the parking enforcement officer and parking attendants are funded through the Parking Enterprise Fund. Chief Gannaway also stated that the intent is to have additional officers on duty downtown during the summer months and the second CSO person will be able to assist with those duties. Councilmember Cook spoke in favor of providing additional traffic control direction, especially at the corner of Main and Chestnut streets; Chief Gannaway stated that the department would institute some type of traffic direction and would report back on that issue at a later meeting. Motion by Councilmember Cook, seconded by Councilmember Roush to approve the requested hiring's as presented. All in favor. Page 8 of 12 City Council Meeting January 18, 2011 Possible adoption of resolution committing site for National Guard Armory Mayor Harycki invited comments from the audience. Karen Garley, 13295 Boutwell Road, expressed concerns that if the proposed resolution passes, the neighborhood may experience a loss of property values, properties that have been purchased and held in good faith based on a Comprehensive Plan which guides this land for residential development. She stated that there are also concerns that people's riparian rights would be violated or infringed upon. She urged the City to not act hastily in giving this property away to the state, saying the public has not even seen a conceptual sketch of what an armory would entail. She noted that the proposed armory site is in the Township Annexation Area, and the Joint Board has yet to take action on this, making the Council's possible action at this meeting premature. She spoke of the need for a public through street, and she questioned how the armory, parking spaces, fire station and buffer could fit on this site. She asked that the Council spend additional time to complete an investigation with public input in order to make an informed decision. Mayor Harycki pointed out that at this time, the City would not be giving the land to the state; that doesn't happen until about the 30% design phase, he stated that. Mayor Harycki also pointed out there will be about a year and a half of public input on this. Richard Schultz, 13055 Boutwell Road, stated that he lives on the western boundary of the site in question and has been through a number of development proposals in the past. He stated that he had just heard of the armory proposal. He referred to Washington County's previous position regarding traffic crossing County Road 12 at Maryknoll and Northland. He also referred to the Comprehensive Plan which designates the property area as low density /high density housing. He expressed concern about runoff /pollution for a potential parking lot for 600 spaces; land values in the area; sight lines and traffic; noise factor of Guard activities. He also expressed concern about whether this would be a secure site; whether activities would be held once a month or every weekend; the potential appearance of the building(s). He also questioned the eventual cost to the City. Mayor Harycki reiterated that the City is entering a year and a half public design process, noting that most of the questions being asked are many months away from being answered. Mayor Harycki closed the public comment period. Mayor Harycki pointed out the resolution before the Council only formalizes the "intent" to convey property for a joint facility to accommodate a National Guard Armory and community uses. Councilmember Cook asked about the added costs for the roads and whether the City will bond for this. City Administrator Hansen stated that the land was paid for with reserve funds, with the intention to sell a bond issue sometime this year, noting that the budget includes $85,000 for estimated debt service. Mr. Hansen stated that he believes Page 9 of 12 City Council Meeting January 18, 2011 the entrance to the site off Myrtle (County Road 12) will be City costs, an estimated $250,000. Mr. Hansen stated that the entrance off Boutwell would be paid by the Guard. On a question by Councilmember Cook, Mr. Hansen stated that a best estimate of City costs, including land purchase and roads, is the $1.1 million. Councilmember Cook suggested the level of frustration being expressed by residents is due to the lack of public input to date. Motion by Mayor Harycki, seconded by Councilmember Roush to adopt Resolution 2011- 15, declaring intent to convey city property to the Minnesota State Armory Building Commission for a joint facility to accommodate a National Guard Armory and community uses. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook Possible approval for replacement laptop in squad car Chief Gannaway reviewed the request and problems experienced with the current computer system. He stated that the request is to try one Panasonic Toughbook to determine if that is a good option for solving the problems. MMIS Specialist Holman also spoke to difficulties with the current system. Mayor Harycki spoke of his concern regarding idling squad cars and stated that he had researched a system that would eliminate the need for constant idling; he stated that the system costs about $600 and suggested the savings in gasoline would pay for the system in one year. Mayor Harycki stated that he would pass the information along to Chief Gannaway. On a question by Councilmember Cook, Ms. Holman stated that quite a few other departments are using the Toughbooks. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the purchase of the Panasonic Toughbook laptop with the docking /locking mechanism. All in favor. Possible approval to hire a replacement of full -time Community Service Officer Chief Gannaway stated that he had just been informed today that the full -time Community Service Officer is retiring in February after 24+ years of service. He described some of her duties, including animal control and responsibility for the property room, fleet maintenance, as well as staffing the public contact window as much as possible. He noted there will be some cost savings in the salary of the replacement person. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the hiring of the replacement full -time Community Service Office. All in favor. Page 10 of 12 City Council Meeting Discussion on lobbyist efforts January 18, 2011 Mayor Harycki noted that in a previous meeting, the Council's list of priorities for lobbying efforts had been narrowed down to closure of the lift bridge and issues related to the new river crossing, Zephyr trail, consolidation of watershed rules, armory project, Metropolitan Council issues related to unfunded mandates, alternative funding for streets, market value- homestead credit issues, funding for safe passage to schools. Mayor Harycki suggested that the Council pick two or three high value items to concentrate efforts on, saying he thought closure of the lift bridge and related issues should be pursued. Councilmember Polehna stated that he thought the Zephyr trail was a big issue. Regarding consolidation of watershed rules, Mayor Harycki spoke to the cost to the City involved in dealing with multiple watersheds; Councilmember Polehna suggested discussing this issue at the upcoming joint meeting with Brown's Creek and the Middle St. Croix watersheds. Regarding Metropolitan Council issues, Councilmember Cook stated that it might be premature given new leadership at that agency. Mayor Harycki stated that he thought the Bridge Coalition will take care of the lobbying efforts for a new river crossing and perhaps the City's efforts should be focused on closure of the Lift Bridge and related issues of traffic and repairs of roads, as well as continued pressure for completion of the Zephyr trail. Councilmember Menikheim stated that he thought it was imperative from a safety standpoint that the lift bridge be closed. Motion by Mayor Harycki, seconded by Councilmember Polehna to set the lobbying effort priorities as pursuing legislation for the closure of the lift bridge and related traffic issues in City neighborhoods and continuing to pursue /support the Zephyr trail purchase. Councilmember Polehna seconded the motion. All in favor. COUNCIL REQUEST ITEMS Beyond the Yellow Ribbon Update Councilmember Polehna stated that a joint meeting would be held with the City of Lake Elmo to discuss an upcoming event and to discuss Post Traumatic Syndrome and its treatment among returning troop members. Councilmember Menikheim stated that while he voted in support of t he resolution related to the armory, he stated that he also supported Councilmember Cook's observation regarding public input. Mayor Harycki spoke of the number of previous meetings that have been held and again noted that many of the residents' questions can't be answered because the project is so early on and not into specific designs. Page 11 of 12 City Council Meeting January 18, 2011 Councilmember Menikheim spoke of the process School District 834 is using regarding its proposal for a new Early Childhood Family Education Center; he also suggested that the Army needs to be involved in the public process. Councilmember Polehna noted there are many members of the community in support of the project for its community facilities, and he stated that the National Guard is looking at forming a committee, including local residents, to look at issues. Mayor Harycki noted there is a timeline for public hearings /meetings. Community Development Director Turnblad pointed out that all the City has done to date is purchase the right to start planning; over the next 14 months, and that there is a very formalized public process. Councilmember Cook asked if the project would still move forward if people rallied against the project; Mr. Turnblad stated that the Council and Joint Board have the option to say this project would not be appropriate in that neighborhood. ADJOURNMENT Motion by Councilmember Roush, seconded by Councilmember Polehna, adjourn at 9:36 p.m. All in favor. ATTEST: ui a &'� J Diane F. Ward, City Clerk , Mayor Resolution 2011 -10, directing payment of bills Resolution 2011 -11, certificate of appreciation to Gary Fullerton Resolution 2011 -12, certificate of appreciation to Dave Roettger Resolution 2011 -13, accepting quotes and awarding contract for HVAC maintenance for city hall, fire department and public works Resolution 2011 -14, approval of resolution for Fees for Services /Publications /Administrative Citations — 2011 Resolution 2011 -15, declaring intent to convey city property to the Minnesota State Armory Building Commission for a joint facility to accommodate a National Guard Armory and community uses Page 12 of 12