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HomeMy WebLinkAbout2012-05-15 CC MIN1 l�vater iNE 11NTMA LACE Of MINNESOTA CITY COUNCIL MEETING MINUTES May 15, 2012 REGULAR MEETING Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad 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 7:00 P.M. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the May 1, 2012, regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Library Board Update Ned Gordon provided an update of Library activities, highlighting some of the statistics from the Library's annual report including the value of the service provided by volunteers, along with the growth in electronic materials and related issues. He touched on budget concerns such as the cost of purchasing titles in a variety of formats and building repair issues, and referenced the value calculator which shows the estimated total value of the library to the community is nearly $8 million in resources and other services. Councilmember Roush asked if the sharing of materials through MELSA also applies to electronic materials and whether that offsets some of the cost. Librarian Lynne Bertalmio explained the arrangement between Stillwater and Washington County Library, but noted that the Stillwater Library is still purchasing material in many different formats, supported in part by Friends of Stillwater Public Library and Library Foundation. City Administrator Hansen reported that there was a request for release of library capital funds included in the agenda packet. City Council Meeting May 15, 2012 Motion by Councilmember Polehna, seconded by Councilmember Cook, to adopt the request as presented. All in favor. Proclamation — Miss Vicki Bliss Mayor Harycki read a proclamation declaring May 25, 2012, Miss Vicki Day in the City of Stillwater in recognition of Ms. Bliss's 38 years of teaching preschool children at St. Croix Preschool. Certificate of Appreciation - Don Fixmer Mayor Harycki presented a Council Service Award to Don Fixmer in recognition and appreciation of his 25 years of service broadcasting various City meetings. OPEN FORUM Paul Gonya, 631 W. Wilkins, Stillwater, and his wife, Sandra, were present. He remarked that his street was part of last year's street improvement project, and he had called the City several times about a final statement of assessment as he wanted to pay that off, but never received such a statement. However, he indicated that when he received notice of 1St half taxes due, it included the assessment plus interest. He again called City Hall because he had wanted to pay the assessment off rather than pay an annual interest charge and was advised to appear before the Council. He reiterated that he never received notice of the final assessment. City Attorney Magnuson responded that the notice of proposed assessment is the mailing that is the pertinent one and includes information about paying before November 30 without incurring interest. He added that each fall there is an opportunity to pay the assessment in full before taxes are certified. Mr. Gonya expressed that he did not have the same opportunity as his neighbors to pay the assessment before it accrued interest. City Administrator Hansen talked about state law relating to notice of assessments and that if people appear in good faith and state they did not get the notice, he would not dispute that. He continued, however, that once the amount is certified to the County, it is too late to do anything. Mr. Magnuson pointed out that Minnesota law states that flaws or mistakes in the mailing do not provide an excuse for payment. With mass mailings, it is difficult to guarantee that mistakes will not occur, which is why there is a published notice to take care of any flaws in the mailing. Mr. Magnuson added that state law does not provide for any relief in such situations. Leslie Aagard, 1015 4th Avenue S., spoke of a concern about deteriorating housing on the South Hill. She has contacted the Ward 1 representative and County Commissioner Kriesel regarding the concern. She spoke about a specific house on her block which was rented and has now been vacant for at least four years and is falling into increasing disrepair, and encouraged the City to search for funding to implement a program or department that would prevent this kind of deterioration from happening in the City. Page 2 of 11 City Council Meeting May 15, 2012 Mayor Harycki pointed out the City has passed a nuisance housing ordinance. City Planner Pogge reported that staff has looked at the property in question and at this point do not believe the property meets the criteria of the nuisance housing ordinance. He added that the biggest problem is that the property is vacant, as well as a condition that the roof doesn't represent a life /safety issue. Councilmember Menikheim mentioned that this is indicative of a growing problem of rental properties in the City and that he wasn't sure the existing ordinance can address the concern expressed by Ms. Aagard and others. Ms. Aagard expressed concern about continued deterioration of the property representing a fire hazard and having a negative effect on property values. Mr. Hansen stated the current ordinance is more behavioral based, noting that the City doesn't have a property maintenance ordinance and, to date, that type of ordinance hasn't been viewed as necessary or affordable. Mr. Hansen spoke of some issues related to a property maintenance ordinance, including the cost of personnel. Mayor Harycki suggested asking staff to review the work done on the ordinance several years ago to see if there are some tweaks that can be made to deal with problem housing. Ms. Aagard asked whether there might not be some state or federal housing authority that might be a resource. Councilmember Roush suggested contacting the lender involved with this property; Mr. Magnuson replied that that would be possible but noted the lender isn't likely to get involved as long as the payments are being made. Mayor Harycki spoke of the issue of demolition by neglect. Community Development Director Turnblad suggested the only way to address the real problem is to invest money in staff, and that the City is not in a position to take that on at this time. Councilmember Cook suggested the possibility of contracting for the work and agreed that this will become an even greater issue in the City, mentioning several other properties of concern. She feels this is a quality of life issue that also affects housing values and would like to look at this issue further. On a suggestion by Mayor Harycki, Mr. Turnblad responded that staff could look at the existing ordinance again to see if there are tweaks than can be made. He pointed out that staff spends a lot of time chasing down problem property owners who don't respond. The problem can be addressed, but not without the funds to do so. Mr. Magnuson agreed to get information about contracting for the work; Mr. Turnblad pointed out contracting will be difficult as the City doesn't currently have an applicable ordinance to enforce and noted the existing ordinance relates to people — landlords dealing with renters. Mr. Magnuson reviewed the process and possible actions that can be brought under the existing ordinance; the problem is the investigatory documents that have to be the basis for any kind of court action. Mark Graydon offered a proposal for a community event for this year only, as he understands there will be no Lumberjack Days this year. He had talked to two ends of the spectrum, business owners who don't like the celebration as well as those who are in favor of it, and found most people favor a family- oriented event. He detailed some of activities he might include in an event that would showcase local businesses. Mayor Harycki brought up that special events were discussed at the Council's recent retreat session and Council is starting to put into motion actions to help formulate the policy moving forward, and has voted to have a moratorium on events for this year. Mr. Graydon reiterated his would be a small event that Page 3 of 11 City Council Meeting May 15, 2012 wouldn't require city services, such as police. Mayor Harycki again brought out there is a moratorium and the Council could not entertain any proposals. Larry Cramer, owner of Rafter's, spoke in favor of having a festival. He stated that every year, Lumberjack Days contributed 60 -70% more in sales over an average month to the businesses that were previously located in his establishment. Last year, his business was 66% higher than normal; he felt some sort of festival is important to the health of the business community. Mayor Harycki the Council has talked about doing a survey to gain input regarding a community event in the long -term. Karl Benson, owner of Cooks of Crocus Hill, formerly Chef's Gallery, introduced himself to the Council and community. STAFF REPORTS Police Chief Gannaway informed the Council and public of an issue with the pay machines in two of the downtown parking lots. Cash is no longer being accepted -- credit and debit cards only will be accepted. Signs will be posted regarding the change. On busy weekends or during special events, attendants will be present to facilitate the flow of traffic. Fire Chief Glaser announced that a car seat safety clinic would take place May 22 at the Fire Department. He also mentioned a check presentation for the fire rescue boat was to take place on May 17, and noted that there was no cost to the City for acquiring or refurbishing the boat. City Clerk Ward presented information regarding elections, including the new redistricting lines and new polling places will be mailed out in the very near future. There also will be informational inserts included with the next three utility billings. Filings for Council election open May 22 and close at 5 p.m. June 5. Public Works Director Sanders stated the Brown's Creek Watershed District has agreed to contribute $5,000 to the City's lake vegetation management plan. Between the two watershed agencies over $14,000 has been pledged to finance the plan. Mr. Sanders also told the Council that the Metropolitan Council has received funding to provide grants for sanitary sewer infiltration improvements, and the City will be apply for a grant to do additional I &I work. City Attorney Magnuson referred to his memo regarding the Neal Avenue right -of -way issue related to the McDonald's project, explaining that a deed arrangement has been prepared to resolve the issue. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2012 -084, Approving deed for McDonalds. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None City Administrator Hansen reported that the Council had requ ested a special workshop meeting for the first meeting in June to discuss items that weren't covered in the recent retreat session, but that he has requested that the workshop be rescheduled for the second Page 4 of 11 City Council Meeting May 15, 2012 meeting in June as he will not be present for the first meeting. Council agreed to do so. Staff will be getting the requested pricing information from Readex for conducting a survey. CONSENT AGENDA Resolution 2012 -077, directing payment of bills Resolution 2012 -078, approving the 2012 — 2013 Grant Agreement for Municipal Recycling Grant Distribution with Washington County Possible approval of temporary liquor license for St Mary's Catholic Church — September 9, 2012 Resolution 2012 -079, approving name change for Stillwater Brewery to Staples Mill Brewing Company Resolution 2012 -080, approving transfer of Wine & Strong Beer License from The Chefs Gallery to Cooks of Crocus Hill Possible approval of fireworks permit for Target Resolution 2012 -081, approving Curb Masters bid to install Mulberry Point curb and gutter Resolution 2012 -082, approving Herzog Engineering bid to design the foundation plan for the Lowell Park Bathroom renovation and obtain quotes for soil borings Resolution 2012 -083, approving Washington County Property Records Technology and Information Subscription Agreement Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt the Consent Agenda as presented. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS This is the date and time for a public hearing to consider the appeal of a decision made by city staff related to the definition of "fence height" located at 626 5th Street North. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 20, 2012. (Continued from May 1, 2012 meeting). Mr. Turnblad reviewed the issue in question. The appeal was made regarding the staff decision that the height of the fence is measured from ground level to the top of a fence; what is eliminated in that measurement is the post itself that holds up the fence meshing or panels. The property owner who appealed believes the height should be measured from ground level to top of posts. Councilmember Roush agreed that in decorative fencing the extension of the posts should be eliminated, but noted that, in this instance, the post extensions are for barbed wired, an essential part of the fence height, even though the barbed wire is not installed. Councilmember Polehna understood that this was an unfinished fence meant to accommodate barbed wire. Mayor Harycki opened the public hearing. Barbara Sumey, 626 Fifth St. N., and Brett McDonough of the same address spoke. Mr. McDonough showed photos of plants they have hanging from the fence in question; he stated they had the property surveyed and used a professional fence installer. Both spoke of Page 5 of 11 City Council Meeting May 15, 2012 ongoing problems with the neighboring property owner. Ms. Sumey indicated they had contacted City staff prior to installing the plant hangars and received approval to decorate their property prior to installation. She explained the attachments to the fence don't go straight up but angle over towards their property and in no way infringe on any views from neighboring properties, and they have not received complaints from any other neighbors. Councilmember Cook expressed that if the City has ordinances, they should be enforced. She questioned whether this type of fencing was even allowed and didn't think it fits in with the residential character of the neighborhood. She thought height should be determined by measurement of the full height of a fence, the full height of the extension. Ms. Sumey suggested appearance is a personal preference and eventually they would like to put fencing around the main part of the property, probably a decorative wrought -iron style. They selected the fencing in question because it is more durable with no upkeep required. Tom Foster, 315 W. Maple St., referred to his written position on the issue. No other comments were received. Councilmember Polehna suggested the Council shouldn't get into mediating property disputes. Councilmember Cook mentioned that residents have a right to appeal decisions to the Council; she thought the issue is how to measure the height and that the extensions were part of the fencing and over the height limit. Mr. Turnblad reiterated if it is decided that all fences be measured to the top of post extensions, pre -made fencing material couldn't be utilized and fences would have to be custom built. Councilmember Polehna stated, in this instance, the fence is incomplete; the extensions are part of the fence meant to accommodate some type of barbed wiring. Councilmember Menikheim thought the Council's decision should be to support the decision of City staff. Councilmember Cook felt if the extensions are considered part of the fence, then it extends beyond the height limit. Motion by Mayor Harycki, seconded by Councilmember Menikheim, to uphold staff's decision on fence height. Ayes: Councilmember Menikheim and Mayor Harycki Nays: Councilmembers Cook, Polehna and Roush Motion by Councilmember Cook, seconded by Councilmember Roush, to revoke staff's decision and require the extensions be taken down as they exceed the height limit. Councilmember Roush reiterated that this would not change how fencing is measured going forward as these are a different type of extensions. Ayes: Councilmembers Cook, Polehna, Roush and Mayor Harycki Nays: Councilmember Menikheim Case No. 2011 -24 This is the date and time for a public hearing to consider a request from the City of Stillwater amending the City's Demolition Ordinance Chapter 34 of the Stillwater City Code Notices were published in the Stillwater Gazette on May 4 2012. (First Reading Ordinance Page 6 of 11 City Council Meeting May 15, 2012 City Planner Pogge reported that the current ordinance has been in place since 1995 and has remained essentially unchanged during that time. He remarked that the Heritage Preservation Commission began discussing the need for revisions about two years ago. He reviewed some aspects of the existing ordinance that have caused issues and changes made in the proposed ordinance. Mayor Harycki noted there doesn't appear to be a lot of teeth to the ordinance if someone proceeds with an unauthorized demolition. Mr. Pogge has spoken with Mr. Magnuson about that and Mr. Magnuson indicated that the current penalty is the maximum allowed by state statute. Mr. Pogge pointed out that in public discussions about the proposal, some felt a misdemeanor was too strong as it could cause contractors or real estate agents to lose their license. Mr. Magnuson responded that the City Council could direct him to seek an injunction or temporary restraining order in specific instances. Councilmember Menikheim informed that there had been some initial concerns expressed about the proposed revisions by folks outside of the HPC and congratulated staff on how those concerns were addressed. Councilmember Polehna spoke to property owner rights and whether this infringes on those rights; Mr. Pogge explained there is a process to follow and the proposal tries to balance individual property rights and the community's rights. A revised ordinance won't stop progress or prevent some buildings from being lost, but it is hoped it will give people pause as they consider changes to their property as an alternative to demolition. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to adopt the first reading of the new ordinance. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None This is the date and time to consider an appeal from Terry O'Brien of an Order of Abatement for the property located at 1220 4th Avenue South. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 4, 2012. It was noted this appeal has been withdrawn. Mayor Harycki opened and closed the public hearing. UNFINISHED BUSINESS Discussion on Fire Station/Armory — 35% design As a result of the Council's retreat session, Community Development Director Turnblad had prepared a resolution approving an expenditure of funds for 35% of the design of the fire station and road servicing it. Councilmember Cook noted that in the retreat discussion, it was indicated that commitment to the design funding is commitment to the fire station project. Councilmember Roush pointed out that while not contractually obligated to complete the project, the City would lose a significant amount financially if it did not proceed after the 35% design phase. Councilmember Cook stressed that the discussion/decision on the fire substation was tied to her decision on this vote; she referred to the input received at the open house for the new fire station which indicated a concern about not having a downtown presence /location and spoke of the need for protection of the historic downtown area and the historic homes located in the area. In discussion, it was noted these were separate issues on the agenda because it was felt it was more appropriate to make a decision on a substation after a vote on proceeding with the design for the new station. Page 7 of 11 City Council Meeting May 15, 2012 Councilmember Roush asked for an opinion from City Attorney Magnuson on the appropriateness of his voting given that he is a volunteer member of the Fire Department. Mr. Magnuson stated that Councilmember Roush's vote would be legal and appropriate, noting that conflicts prohibited by City Charter are direct financial interest in a contract, permit, zoning decision, etc. A decision such as this is a policy decision and Mr. Roush's vote is one of five, so there is no direct conflict for him to vote. Motion by Mayor Harycki, seconded by Councilmember Roush, to adopt Resolution 2012 -085, Approving design services for new fire station. Councilmember Menikheim asked if there was a commitment to discuss the substation after this vote, and Mayor Harycki responded in the affirmative, noting that discussion was next on the agenda. Councilmember Cook added she would likely vote no as she needed the assurance there would be a downtown component. After additional discussion, Mayor Harycki stated there would be a vote on the substation issue after this vote. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Discussion on City Hall Campus /Substation Mayor Harycki stated that in discussions during the retreat session, Fire Chief Glaser identified a plan for keeping a fire truck in the downtown area, with some costs associated with doing that, and he would be willing to support looking at the costs. Chief Glaser explained there would be some costs involved in upgrading the building, but at this point did not know what those costs would be. Motion by Councilmember Roush, seconded by Councilmember Polehna, to direct staff to explore the options /costs of a fire substation at the previously discussed facility, the old public works building. Councilmember Cook asked for some type of commitment that this is something the Council supports. Mayor Harycki responded that, for him, it comes down to cost, saying he likely would not support spending $500,000 on upgrades to an old building, but would support spending $50,000 or $60,000 for some improvements. In discussion, it was pointed out that there was consensus in support of the concept of a substation, keeping one truck in the downtown area. All in favor. On a question by Councilmember Roush, Mr. Turnblad provided a timetable for the 35% design for the new fire station. The process was to begin the week after the Council meeting, and it is expected the Guard will make application for the special permits and other required City approvals beginning in September, after which the Council will have to make a decision on whether to proceed to 100% design. It is anticipated the 100% design likely won't be completed until June of 2013. Page 8 of 11 City Council Meeting Bids for Construction Manager May 15, 2012 Fire Chief Glaser asserted that because of the magnitude of the fire station project, he thought it in the best interests of the City to have a third -party overseeing the project and looking out for the City's interests. He has looked at three different construction management agencies and Kraus Anderson came in with a pretty fair and good proposal; the fee would be a 2% construction cost if the City proceeds to the 100 %. Kraus Anderson would be willing to start immediately. Councilmember Cook asked if one of the responsibilities of the construction management agency would be to oversee costs and look at ways to cut costs; Chief Glaser responded in the affirmative, noting they will do cost estimating as part of the process, as well as bid oversight, etc. and he has received very positive comments from other entities that have used the firm. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2012 -086, Approving construction management services for new fire station. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Mayor Harycki pointed out there had been no discussion of the Police Department aspect of this. Mr. Turnblad conveyed that he had discussions with Chief Gannaway and Mr. Hansen. The next step will be to meet with Police Department staff to begin to talk about ideas for reuse of the City Hall campus space that will be vacated should the Fire Department move to the new location. Following discussions with staff, they would prepare a Request For Proposals (RFP) to conduct a study to analyze reuse of the space and develop conceptual plans and cost estimates. NEW BUSINESS Possible approval of Dermco - LaVine bid for tennis court resurfacing Public Works Director Sanders presented the plan is to resurface tennis courts and basketball courts at Lily Lake, Staples Field, Benson Park, Northland Park and Ramsey Grove Park. The project involves 12 courts — 9 tennis and 3 basketball. Two quotes were received, with the low bid being Dermco- LaVine at a cost of $40,605; he noted $45,000 had been budgeted for the work. City Administrator Hansen recommended approval of this item and the next item on the agenda. Motion by Councilmember Roush, seconded by Councilmember Cook, to adopt Resolution 2012 -087, Approving Dermco- Lavine bid for tennis court resurfacing. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of Signature Lighting bid for Lily Lake ball field lighting improvements and negotiate to improve lighting for Northland Park tennis courts and hockey rink Public Works Director Sanders explained the conduit that extends from the ground to pole is PVC piping and is beginning to degrade and fail and the intent is to replace the conduit with metal tubing. He reported $20,000 had been budgeted for the work. The quote from Signature Lighting was for $8,600 for Lily Lake. Staff would like to include Northland since Page 9 of 11 City Council Meeting May 15, 2012 the bids came in much lower than anticipated and the request is to negotiate a price with Signature Lighting to include Northland Park at the same time. Motion by Councilmember Cook, seconded by Councilmember Polehna, to adopt Resolution 2012 -088, Approving signature lighting bid for Lily Lake ball field lighting improvements and negotiate to improve lighting for Northland Park tennis courts and hockey rink. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Polehna provided an update on Yellow Ribbon activities, including plans for the annual fall pheasant hunt. Councilmember Menikheim asked about the status of the work on the gazebo. Mr. Sanders replied that the river level had prevented that work from being completed, and if work can't be completed in time for a scheduled wedding, they will look at an alternative location, possibly Pioneer Park. Councilmember Roush noted he had observed many bicyclists disobeying traffic signs; he would like the Traffic Committee to review future signage aimed at bicyclists, reminding them to obey traffic laws. Mayor Harycki suggested talking with local bike shops to pass on reminders to customers. Mr. Hansen will discuss the issue with Chief Gannaway. Councilmember Cook asked if Mr. Turnblad had received the letter from the American Legion about a nearby problem property. Mr. Turnblad responded in the affirmative and indicated staff would follow up with the property owner. Councilmember Cook offered to let the Legion know what action the City is taking. Councilmember Polehna expressed that he and Councilmember Menikheim had met with some folks about the possible gymnasium expansion at the armory. He noted that when the Recreation Center project was done, there was a St. Croix Valley Sports Facilities Commission, a group put together by the Council, to solicit funds. Councilmember Polehna and Councilmember Menikheim would like to put together a group, with the support of the Council, to look at ways to fund the gymnasium expansion. Council was in consensus to support that effort. On a question by Councilmember Menikheim, Mr. Turnblad answered a decision must be made by the time the 35% armory design is completed, late summer. There was discussion as to whether the site will accommodate the desired size gymnasium space. Councilmember Cook expressed concern about folks who don't follow through on promises of funding for a project. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to ad' at 9:40 p.m. All in favor. Page 10 of 11 City Council Meeting ATTEST: Diane F. Ward, City Clerk May 15, 2012 Resolution 2012 -077, Directing the Payment of Bills Resolution 2012 -078, Approving the 2012 -2013 Grant Agreement for Municipal Recycling Grant Distribution with Washington County Resolution 2012 -079, Approving name change from Stillwater Brewery to Staples Mill Brewing Company Resolution 2012 -080, Approving the transfer of a Wine and Strong Beer liquor license to Cooks of Crocus Hill LLC; DBA: Cooks of Crocus Hill Resolution 2012 -081, Approving Curb Masters bid to install Mulberry Point curb and gutter Resolution 2012 -082, Approving Herzog Engineering bid to design the foundation plan for the Lowell Park Bathroom renovation and obtain quotes for soil borings. Resolution 2012 -083, Approving Washington County Property Records Technology and Information Subscription Agreement Resolution 2012 -084, Approving deed for McDonalds Resolution 2012 -085, Approving design services for new fire station Resolution 2012 -086, Approving construction management services for new fire station Resolution 2012 -087, Approving Dermco- Lavine bid for tennis court resurfacing Resolution 2012 -088, Approving signature lighting bid for Lily Lake ball field lighting improvements and negotiate to improve lighting for Northland Park tennis courts and hockey rink Page 11 of 11