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HomeMy WebLinkAbout2011-10-18 CC MINQ I I w wad e� 1NV 11117HPLACL if ■INNEINTA CITY COUNCIL MINUTES October 18, 2011 REGULAR MEETING Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Menikheim, Cook, Polehna, Roush, and Mayor Harycki Staff present: City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Planner Pogge City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES 7:00 P.M. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the minutes from the October 4, 2011, regular and recessed meeting. All in favor. OPEN FORUM Brent Peterson, executive director of the Washington County Historical Society, and Brent Banchy, finance officer of the Stillwater American Legion, invited the Council and residents to visit the American Legion on Oct. 22 and Oct. 23 to view rare murals painted by Jo Lutz Rollins. Mr. Banchy explained the murals were discovered in the basement of the Legion and that some of the murals have not been seen for 60 years. Mr. Peterson stated Anita Buck would be present on Saturday, Oct. 22, talking about Jo Lutz Rollins and the Stillwater Art Colony. Mike Sobieski, 1022 Third St. N., expressed his disappointment in working with City staff regarding the Wilkins Street project. He stated that he attended all neighborhood meetings regarding the project, and that his input and the input of other residents was not documented in any of the minutes from the meetings, and was not taken into account in any of the street designs. He suggested that the design of the project between Fourth and down to Second Street does not make sense and there was no explanation as to why that design was done. He noted that Wilkins to the west of Fourth is 38' and between Fourth and Third streets goes down to 32', with all parking pushed to one side of the street -- the same side of the street where all the snow is stored and has a smaller boulevard. He said residents on the north side of that segment of street had a choice of trees planted in the boulevard, a larger boulevard, while those on the south side were never asked about their choice. He stated when.the plan was presented to the Council, Council directed staff to have the street 38' the entire length. City Council Meeting October 18, 2011 He stated the project has started and is well behind schedule; he said the last information received from the City, dated Aug. 8, indicated pavement reclamation would take place late in August, but information from the construction crews is that the project will not be finished this year or the road sealed this year. He also expressed concern about the portions of the street being well below the level of existing manholes. Regarding his assessment, Mr. Sobieski noted that he is on a corner lot, and according to City policy should be assessed as a 1 /2 unit, but at the last meeting, the Council passed an assessment roll that would have him charged a full unit. He said he had met with staff regarding his objection to the assessment, with no resolution; he said he could find no written policy to support the staff s position that it should be assessed as a full unit because the house faces an unimproved street. He reiterated his concern with the lack of communication and interaction between the City and residents regarding the project. Mayor Harycki noted a gas line replacement has contributed to the project being behind schedule, and he noted that because of all the underground work that has been done, it is felt there should be a winter of allowing the ground to settle before putting the second pavement lift on to reduce the potential of the new pavement breaking up because of the freeze -thaw cycle. City Attorney Magnuson explained the assessment policy of charging 1 /2 unit for corner lots and the reason for charging a full unit in this instance — that there is little or no probability that the homeowner will ever be charged a street assessment for improvements on Third Street. He also noted that Mr. Sobieski has more than 100 ft. of frontage on Wilkins, with the driveway off Wilkins. Mr. Magnuson also noted the appraiser, Mr. Kirchner, had viewed the property and felt that the increase in market value would be at least as much as the assessment for the improvement. Councilmember Roush suggested providing Mr. Sobieski with a letter stating he would be exempt from a future assessment on that side, within a reasonable time frame, before the next Wilkins Street improvement, to alleviate Mr. Sobieski's concern about the potential for another assessment. Mr. Magnuson agreed that might be a fair thing to do. Mr. Sobieski said there still seems to be some communication issues, noting he had not been informed by the City that the street will not be finished before winter. STAFF REPORTS Fire Chief Glaser provided an update on Fire Prevention Week activities, including the annual open house at the fire station attended by nearly 1,000 people. He thanked everyone for their support, and noted that fire prevention should be a year -long attitude, with winter the deadliest time of the year for fires. Councilmember Cook asked whether it is true that seniors can receive free smoke detectors, and Chief Glaser answered that the City had received a grant from FEMA a number of years ago with hundred of detectors distributed through that grant, but the supply is nearly depleted. Chief Glaser added that the department would certainly provide assistance if needed. Mayor Harycki complimented department staff on a very good job with the Cub Scouts from Stonebridge and asked that his thanks be passed along. Chief Glaser reported that the shared feasibility study has been completed and distributed to the Councilmembers. He pointed out that the next step is for the consultant to present the Page 2 of 7 City Council Meeting October 18, 2011 study to all three cities: Lake Elmo, Mahtomedi and Stillwater, at the same time and asked about potential dates for that meeting. It was suggested that Chief Glaser come up with potential dates and circulate those dates to the councils; it also was suggested that the joint meeting be held at the Washington County Board room. Chief Glaser noted that the study found that Stillwater has the lowest per capita cost for fire protection of the three cities, and suggested that is something the City should be proud of. Planner Pogge announced that construction of the pedestrian plaza restroom is under way. He added there are some contamination issues that need to be addressed, with some costs involved; he indicated that Council would be advised when more information is available. He provided an update on the Brown's Creek state trail, noting that City staff had met with representatives of the DNR as part of the master planning process. He noted that the DNR has indicated no construction will take place in 2011, with some construction to begin in 2012 after the master plan has been completed; he added that construction will be dependent on the availability of funding. There was brief discussion of a bridge versus tunnel crossing at Manning Avenue. Mr. Pogge stated the DNR had scheduled a public open house on the project for Oct. 19 at the Stillwater Public Library. Councilmember Roush suggested that if the DNR doesn't do it, perhaps the City should apply for grant funding to do the tunnel at Manning Avenue, if the Council believes that is the most aesthetically pleasing option. Mr. Pogge stated that is an issue the Parks Commission likely will be looking at over the next few months. Public Works Director Sanders told the Council the majority of this year's street project is complete, with restoration work remaining. He reported that Wilkins Street was the only street where the final lift of blacktop was not done. He added that there are some concerns with one area on Wilkins at Fifth Street where there is a low point, and said staff is talking with the contractor about potential remediation to prevent ice buildup over the winter. He noted that manholes are raised, but not above the road, so that shouldn't be a problem during the winter. CONSENT AGENDA 1. Resolution 2011 -149, directing payment of bills 2. Possible approval Utility Bill Adjustments 3. Resolution 2011 -150, approving health and dental insurance premiumsand city contributioneffective January 1, 2012 4. Possible purchase of items for Police forfeiture lot Councilmember Cook asked that the payment of bills be pulled. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approved the remaining consent agenda. Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None Regarding the payment of bills, Councilmember Cook reiterated her opposition to any payment to the Conach Group and the trip to Washington for lobbying. Page 3 of 7 City Council Meeting October 18, 2011 Councilmember Roush asked about a payment to the League of Minnesota Cities Insurance Trust for fireworks insurance; he asked why the City was paying for insurance when the fireworks displays are done by a third party. City Attorney Magnuson responded that he believes that is due to a requirement of the League to protect the City for its exposure to what is termed an ultra hazardous activity. Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve Resolution 2011- 149, directing payment of bills. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook PUBLIC HEARINGS This is the date and time for a public hearing to consider amending the City's Building Demolition Ordinance, Chapter 34, of the Stillwater Cites City Planner Pogge reported that the Planning Commission had tabled action on this item. He indicated that a meeting was held with some citizens with concerns regarding the proposal, and stated this will be going back to the Heritage Preservation Commission to address those concerns. He added this issue will brought back to the Planning Commission and City Council. He noted the recommendation is to table this item indefinitely with the public hearing re- published at a later date. Mayor Harycki opened the public hearing. Motion by Councilmember Roush, seconded by Councilmember Cook, to table this hearing indefinitely. All in favor. UNFINISHED BUSINESS Discussion and possible awarding of contract for Fire Station Programming and Feasibility Study Fire Chief Glaser stated the RFP process has been completed for the feasibility study, with bids received from 10 different firms. Staff reviewed all bids in detail, with the listed narrowed to three. He noted an interview panel consisting of himself, Deputy Chief Ballis, City Engineer Sanders, City Planner Pogge, and Councilmember Roush, interviewed the candidates. Based on the proposal reviews, interviews and references, he stated the recommendation is to award the bid to Buetow and Associates at a cost of $9,750. He said staff and interview panel felt this firm had a good handle on the scope of the project and understanding of the potential for the space sharing aspect of the project. He added the firm also has a consultant on staff that works with the National Guard Armory and understands those requirements. Councilmember Cook asked how the feasibility study coordinates with the study regarding shared services and Chief Glaser explained that the shared services study, just completed, still finds that a central station is the best option, with any future expansion north into the townships. He indicated this feasibility study is basically a space needs study, and a look at how a new station might be co- located with the National Guard Armory. Chief Glaser pointed out even if a merger of the three city fire departments occurred, the City would still need a centrally located station. Page 4 of 7 City Council Meeting October 18, 2011 Councilmember Roush offered that this feasibility study will basically provide a concept of the type of architecture that might be utilized in a new station, along with cost estimates; he added he highly recommended awarding the bid to Buetow and Associates, noting that was a unanimous recommendation of the interview panel. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2011 -151, accepting bid and awarding of contract for Fire Station programming and feasibility study to Buetow and Associates. Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None NEW BUSINESS Possible accepting of bids and awarding of contract for Pedestrian Walkway City Planner Pogge reviewed bids for the downtown pedestrian walkway site work, with five bids received. He stated the low bid, submitted by Meisinger Construction, was $569,000, compared to the engineer's estimate of $643,745. He noted there was an error in the low bid related to the removal of sign posts, $2,000 for 12 posts, which was intended as $200 per post, as well as an addition error in the bid tabs. He noted that normal procedure is to accept the bid tabs and not the lump sum bid, resulting in a cost of $585,200, which would still be the low bid. He indicated staff did talk with the contractor and the constructor suggested that the City reject the sign post line item, which would lower the overall bid to $561,200, with the contractor later doing a change order for the sign post work in the amount of $7,800, bringing the total back to the lump sum bid. On a question by Mayor Harycki, Mr. Pogge replied this bid is about $90,000 under estimate, which may reflect the fact that some of the walkway work was moved over to the restroom bid, that came in over estimate. On a question by Councilmember Polehna, Mr. Pogge answered that the contractor's references were checked; project consultant Bill Sanders stated the contractor has done other work for them and he would recommend them. Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Resolution 2011 -152, accepting bid and awarding contract for Downtown Pedestrian Walkway site work project to Meisinger Construction. Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None Discussion and possible approval of contract for contract management agreement for Pedestrian Walkway City Planner Pogge reviewed recommendations for the construction management of the pedestrian walkway project. He listed three options — 1) all in- house, 2) hiring an architect or construction management firm, or 3) a hybrid approach. He offered that staff is recommending a hybrid approach, with much of the work being done in- house, and a third party to review more complex issues. He pointed out staff is recommending using the project design team to do this work on an hourly basis, and he added since the City already has a contract in place, City Attorney Magnuson has advised that the work could be done under the existing contract. Page 5 of 7 City Council Meeting October 18, 2011 Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve Option 3, Hybrid approach for construction management for the Pedestrian Walkway. All in favor. Possible approval of second round of Facade Program loans City Planner Pogge reported three additional requests have been received for the second round of fagade program loans, one for additional funds due to some construction issues for the work at 229 Main St. S., another from Brine's for restoration of transom windows at 219 Main St. S., and a third for restoration and repair of windows and siding at 114 Chestnut S. He noted these loans have to be repaid over a 15 -year period at 3.25 %, and all property owners have signed the agreements for the special assessments for the loan repayment. Mr. Pogge stated there is about $130,000 remaining in the program fund, and the City is receiving a lot of calls from interested person. He said staff would suggest that the program be opened up on an ongoing basis until the funds are depleted; and added that recommendation would come back to the Council for consideration. Mayor Harycki expressed concern about the Chestnut Street site, noting there are several years of outstanding delinquent taxes due. Mr. Pogge responded that if there is a delinquency, it will have to be paid before funds are released, even if approved by the Council at this point. Mayor Harycki asked about safeguards to prevent this loan money being used to pay delinquent taxes; and Mr. Pogge answered that before the applicant can request any loan money payment, the taxes will have to be made current, and the program is set up so loan payments aren't made until a certain percentage of the work is completed. On a question by Mayor Harycki, Mr. Pogge replied that the program requires that written bids be submitted so staff can verify amounts. Mayor Harycki suggested that staff get more information regarding the 114 Chestnut St. project. On a question by Councilmember Polehna, City Attorney Magnuson explained the City's recourse would be, if there is a tax sale, the assessments are cancelled, but the statute allows us to reassess. The statute states that you may assess over the remaining years that you have either on a bond or in this case, it is the same thing as a bond; it is a loan, and the assessment agreement provides for that sort of process. Motion by Councilmember Cook, seconded by Councilmember Polehna, to adopt Resolution 2011 -153, approving funding requests for the facade renovation loan program, for Jeff & Jennifer Anderson and Brine's Partners LLP. Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None Re op rt regarding the 2011 Street Improvement assessment appeals Public Works Director Sanders reviewed the recommendations regarding the seven appeals to the assessments for this year's street improvement project. He stated that staff sent letters to each of the seven property owners who contested the assessments, inviting them to meet with staff to discuss the appeal. He noted that of the seven, three met with staff. He indicated staff is recommending that six of the seven be unchanged, with the assessment to the property at1016 N. Third St. reduced from $5,130 to $2,565. Page 6 of 7 City Council Meeting October 18, 2011 Motion by Councilmember Cook, seconded by Councilmember Polehna, to adopt Resolution 2011 -154, revising assessment roll for 2011 Street Improvement Project (Project 2010 -02, L.I. 390), with the addition that a letter be provided to Mr. Sobieski, drafted by the City, indicating he is exempt from any further assessments on Third Street during the life of this improvement. All in favor. COUNCIL REQUEST ITEMS Councilmember Roush reported that he had attended the most recent Water Board of Commissioners' meeting, where it was suggested that the Water Department manager contact the City regarding purchasing its gasoline through the City's bulk purchase agreement as a possible cost - savings measure. Public Works Director Sanders stated that contact has not been made. It was suggested that a workshop meeting be scheduled with the Water Board to discuss possible cooperative, cost - savings measures that might be taken. Councilmember Polehna stated he will be applying for a national award for Stillwater's Yellow Ribbon efforts. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn at 8:25 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Resolution 2011 -149, Directing Payment of Bills Resolution 2011 -150, Approving health and dental insurance premiums and city contribution effective January 1, 2012 Resolution 2011 -151, Accepting bid and awarding of contract for Fire Station programming and feasibility study Resolution 2011 -152, Accepting bid and awarding contract for Downtown Pedestrian Walkway site work project Resolution 2011 -153, Approving funding requests for the facade renovation loan program Resolution 2011 -154, Revising assessment roll for 2011 Street Improvement Project (Project 2010 -02, L.I. 390) Page 7 of 7