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HomeMy WebLinkAbout2012-10-02 CC MIN4-i I 41waater IMF 1I1TMFLACE Of MIFIIEE6t4 CITY COUNCIL MEETING MINUTES October 2, 2012 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Planner Pogge City Clerk Ward OTHER BUSINESS Water Board Board members Adam Nyberg, George Vania and Board Manager Robert Benson presented information on their proposed meter replacement program. They informed the Council that an engineering study was completed by TKDA. They reported that the project drivers include EPA Safe Drinking Water Act, age of the meters, meter accuracy, low bond interest, and potential for savings available by bidding with South St. Paul. The project ensures water meter accuracy for the next 20 years. It replaces 4,226 old lead brass meters with lead free bronze. Full replacement of all meters and radio transmitters would be the most cost effective because the Water Department would only have to operate and maintain one meter system, it would simplify the billing system, and the Department would use a contract service to set up appointments and schedule installations when the homeowner is home, with follow -up if needed. The proposed timeline for replacement would be April 1 — November 15 of 2013. It is the Board's intention to proceed with the development of specifications, bids, and installation to fully replace the water meter system and to communicate with customers regarding the replacement. It was pointed out that the costs for the meter replacement program would not affect current water rates. Selection of a finalist for the Police Station expansion study Police Chief Gannaway informed the Council that the three finalists for the Police Station expansion study would be presenting themselves to the Council: Wold, BKV and Leo A. Daly. After the presentations and questions asked by Council to all three finalists, Council requested input from the Chief and members of the Police Department committee, Sergeant Magler, Officer Wulfing, and Community Service Officer Junker, who selected the three finalists from City Council Meeting October 2, 2012 the eight proposals received. It was the recommendation of the Chief and committee that Wold be selected for the study and that Council direct staff to prepare a contract with Wold Architects and Engineers, which was also the lowest proposal. Councilmember Cook felt that references should be checked prior to contract approval. Motion by Councilmember Roush, seconded by Councilmember Menikheim, to direct staff to enter into a contract and perform reference checks on Wold Architects and Engineers. All in favor. Mayor Harycki recessed the meeting at 6:48 p.m. RECESSED MEETING 7:00 P.M. Present: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Planner Pogge City Clerk Ward PLEDGE OF ALLEGIANCE The Fire Department led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation — Fire Prevention Week Mayor Harycki proclaimed October 7 -13, 2012 as Fire Prevention Week with the 2012 Fire Prevention Week theme of "Have Two Ways Out." Fire Chief Glaser invited the community to the Open House on Saturday, October 13 and urged the community to participate and practice two ways out of their homes. He stated that during the course of the week many of the firefighters will be visiting the schools teaching this and other home fire safety lessons. APPROVAL OF MINUTES Possible approval of minutes of September 18 2012 special and regular meeting minutes Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the September 18, 2012 meeting minutes. All in favor. Page 2of10 City Council Meeting NEW BUSINESS October 2, 2012 New Special Event: Leo's Tent on Chestnut (since the bridge is closed) on Sunday November 11th (Veteran's Day) Cory Buettner, Leo's, explained that this will be the fifth year that Leo's has served veterans free meals on Veterans Day which is on Sunday this year. He would like to close Chestnut Street for the day from Main to Water Street to enlarge the event. He has spoken to business neighbors and the IBA who have no objections. He has spoken with MnDOT which directed him to the City for approval. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the closing of Chestnut Street on Sunday, November 11, 2012. All in favor. STAFF REPORTS Police Chief Gannaway presented statistics on traffic fatalities, reinforcing the need for the Safe and Sober campaign especially preceding the holidays. Fire Chief Glaser stated the dedication of the fallen firefighter's memorial took place on Sunday, September 30 on the capitol grounds in downtown St. Paul. It includes the names of two area firefighters who died in January 1982 fighting the Brines fire. Public Works Director Sanders updated the Council about the work on Third Street due to the sink hole. It will be another two weeks before all the work is done. OPEN FORUM Mr. Todd Streeter, Greater Stillwater Area Chamber of Commerce, and Wayne Sandberg, Deputy Director of Washington County Public Works, informed the Council that the 36- member Downtown Community Revitalization Committee at its first meeting discussed rearranging traffic patterns in downtown Stillwater. Mr. Sandberg continued that the bridge closure provides opportunities to test some traffic changes that may result in more permanent solutions. They would like to work with the Council and MnDOT to gather ideas. Early to mid - November would be the soonest any changes could be implemented. CONSENT AGENDA Resolution 2012 -156, directing payment of bills Resolution 2012 -157, possible approval of railroad lease increase Resolution 2012 -158, adopting delinquent clean up services charges Resolution 2012 -159, approving renewal of the City's Board of Appeal and Equalization duties to Washington County Possible approval of temporary liquor license — October 26, 2012 — Church of St. Michael Possible approval of power pole relocation expenditure — Lowell Park Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Cook, Polehna, Roush, Mayor Harycki Nays: None Page 3 of 10 City Council Meeting UNFINISHED BUSINESS October 2, 2012 Ordinance 1051, an Ordinance Amending City Code Section 31 -514 relating to the Keeping of Chickens in the City Councilmember Roush stated he and Councilmember Polehna have discussed some possible amendments to the draft ordinance. They learned it can be limited to certain zones in the City, and they propose that chickens be allowed in RB zones only. Councilmember Polehna stated he would like to see the quality of the chicken coops covered in the ordinance. He commented that a lot of complaints have come from neighbors upset with the chickens, and he would like a notification procedure for the keeping of chickens similar to beekeeping. He feels it is bad policy to reward citizens who gone against the ordinance not allowing farm animals. The police department has had 12 complaints this year. Councilmember Menikheim stated he has no problem with notification, but there are as many people for the chicken ordinance as against it. He doesn't feel that adopting the ordinance is rewarding negative behavior. Councilmember Cook stated she got one email from someone opposed to chickens, but is not aware of any other complaints. She feels a notification requirement would be appropriate. Councilmember Roush stated when chicken keepers lose interest in the hobby, the chicken coops deteriorate and that is when problems occur. Mayor Harycki stated there are existing chicken coops in Croixwood which would not be allowed if chickens were allowed only in RB zones. He suggested including the notification requirement, but exempting Liberty and Legends areas from the ordinance, although the homeowners association prohibits them anyway. Councilmember Polehna stated no one in his Ward has told him they want to keep chickens. His job is to represent the people of his Ward and it is wrong to force on the residents. City Attorney Magnuson stated one way would be to permit chickens in RB and RA zones, including all of the "old City" as well as Croixwood and Oak Glen, excluding the rest of the City. Councilmember Roush stated this wouldn't be acceptable. He feels RA zone should be excluded. Motion by Mayor Harycki, seconded by Councilmember Menikheim, to adopt Ordinance 1051, an Ordinance Amending City Code Section 31 -514, relating to the Keeping of Chickens in the City, inserting notification language that is in the beekeeping ordinance, and limiting it to the RB and RA zones. Ayes: Councilmembers Cook, Menikheim, Mayor Harycki Nays: Councilmembers Roush, Polehna PUBLIC HEARINGS Assessments for the 2012 Street Improvement Project Public Works Director Sanders showed a map of reconstructed streets, galvanized water services replaced, new water main and sanitary sewers installed. Construction costs of $1.9 million were over estimates by $140,000 due to limestone curbing six to eight feet wide and 12 Page 4 of 10 City Council Meeting October 2, 2012 inches thick in some spots encountered on the reconstructed streets. Engineering costs were $350,000 and total project costs were $2.2 million compared with the feasibility estimate of $2.1 million. Adjustments to assessments were made accordingly. City Attorney Magnuson stated because one affected property owner is hearing impaired, staff will need to meet with that person and interpreter and bring results back to the next meeting. Mayor Harycki opened the public hearing. Pixie Hunninghake, 213 North Third Street, asked if Third Street assessments will increase due to the sinkhole repairs, and Public Works Director Sanders responded that the sinkhole work will not be included in the assessments. Lewis Bushman, 104 North Everett Street, stated his street hasn't been finished, so why are residents being billed for unfinished work and City Attorney Magnuson replied that a resident can be assessed even before the project is started. It's common for a project not to be finished in the fall when it's assessed. Public Works Director Sanders explained that the City usually applies the final layer of bituminous in the spring due to allow for the settling that occurs in the winter so that the street does not have to be redone. Motion by Councilmember Polehna, seconded by Councilmember Cook, to adopt Resolution 2012- 160, adopting assessment for 2012 street improvement project (Project 2012 -02) L.I. 393, excluding the parcel of the hearing- impaired person and treat it as if it were an objection to the assessment. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Assessments for the Third Street South Street Improvement Project Public Works Director Sanders explained the County is narrowing the road by four feet. Construction costs are $40,000, engineering costs $16,000 for a total project cost of $57,000 compared to the feasibility estimate of $51,000. There were no public comments. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to adopt Resolution 2012 -161, adopting assessment for Third Street South improvement project (Project 2012 -04) L.I. 369. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Case No. DEM /2012 -30. A request from St Paul Lutheran Church Kevin Urhammer, for the demolition of a single family home located at 604 Fourth Street South in the RB Two Family Residential District in compliance with Ordinance No 1047 of the Stillwater City Code and Case No. DEM /2012 -31. This is the date and time for a public hearing to consider a request from St Paul Lutheran Church, Kevin Urhammer, for the demolition of a single family home located at 216 Willard Street in the RB Two Family Residential District in compliance with Ordinance No 1047 of the Stillwater City Code. City Planner Pogge explained the two related public hearings. Both properties are owned by St. Paul Lutheran Church which would like to demolish the structures for open space. Staff made Page 5of10 City Council Meeting October 2, 2012 an initial determination that the structures were potentially historic resources which triggered review by the Heritage Preservation Commission. It would cost about $175,000 to renovate the Fourth Street property; the total assessed value of the property is $147,000. Staff believes it would be difficult to find a re -use for the structure and therefore recommends approval of the demolition permit. As for the property at 216 Willard Street South, City Planner Pogge stated the brick structure next door is eligible for the National Register of Historic Places, so the demolition of the home in question could leave the brick home vulnerable to future demise. It would cost $180,000 to renovate this home; the assessed value is $138,400. Staff feels there are alternatives to demolition and recommends the demolition permit be denied. City Planner Pogge reviewed the hearings that were held before the Heritage Preservation Commission, which unanimously denied both applications on September 6. Opening the public hearing, Mayor Harycki pointed out that both public hearings can be conducted at the same time per City Attorney Magnuson. Ed Simonet, who with his business partner Frank Rheinberger, owns the building at 522 South Fourth Street directly across from 604 South Fourth Street, stated they have no opposition to the demolition. Julie Luna, 613 Fourth Street South, directly across the street from the church, expressed concern about having a big concrete slab essentially in front of her house. A landscape plan is a step in the right direction but she would like more information on how the church will preserve the neighborhood feel. Gene Leatherman, 222 West Willard, stated he has no objection to the demolition of the house next to his, but he dislikes the proposal to move the garage to the back of the lot because it would obstruct his view. Kevin Shoeberg, co -chair of business management for St. Paul Lutheran Church, explained the history of the request. Over a six month period, a group looked at various options for the properties. He stated there is no intention to add parking - the intent is to use the resulting open space for events such as the ice cream social. He believes the church will be able to accommodate Mr. Leatherman's desire to not move the garage. He also stated the church had its own inspector who determined both houses would require between $175,000- 180,000 to make them inhabitable. He stated neither property is an historic resource under the City's ordinance. Mr. Shoeberg emphasized that the proposal was made only after the church considered all options for the properties. The church has no problem with someone coming forward to move the houses at their own cost, but cautioned that structurally, both houses are in very poor condition. Joan Ochwig, a North St. Paul resident who used to live in one of the houses, agreed that the house is an eyesore now. It was built in 1890 and has historic value as a typical working man's home. She is disillusioned that when her mother sold the house to the church, she was told the house would be kept for use by church activities. She feels it's a shame that it has been allowed to deteriorate and wishes it could be moved elsewhere and used. Roger Tomten, 718 South Fifth Street, who lives a half block from the site, stated he read the church's inspection reports and found them inaccurate. As a residential construction specialist, he is interested in the possibility of moving the houses elsewhere. He asked to tour the houses, but was told there are current occupants so he could not. He requested that the Council support Page 6 of 10 City Council Meeting October 2, 2012 the HPC recommendation and deny demolition because every time a house is lost, the fabric of the neighborhood is weakened and the quality of the neighborhood goes down. John Brach, 515 North Everett Street, a member of the HPC, expressed concern that demolishing the house on Willard Street leaves the remaining brick home "orphaned" on the block. He asked the Council to support the staff s recommendation not to permit demolition. Councilmember Cook stated demolition by neglect is regrettable. She hopes the church can find a way to make the houses livable to provide affordable housing. Councilmember Menikheim recalled the contentious HPC meeting about the demolition and was surprised that a church was involved in that kind of conversation. He would like the church to find another option for the houses. Mayor Harycki recalled another home that came within a couple weeks of demolition which was saved and has become a gem. He believes that the requested demolitions would cause a rip in the fabric of the neighborhood, and is opposed to the request. Councilmember Polehna commented that government can't force a property owner to put that much money into a property. That is why he suggested moving the houses. Councilmember Menikheim agreed that the church has a right to use its own property, but he doesn't think it has engaged all stakeholders in the process. There may be other options. He suggested the City deny the request without prejudice so the conversation can be started over again. Mr. Shoeberg responded that the church has followed the City's procedures. Staff sent the issue to the HPC where it was heard twice. City Attorney Magnuson confirmed that denial without prejudice would probably not be appropriate in this case. City Planner Pogge explained that the demolition ordinance, which has been in place since the early 1990s, was amended last year. Part of that allowed the HPC and Council to review and deny a request based on the structure being considered an historic resource. If denied tonight, the City would need to hire a consultant to determine the historic significance of the property. The Council would be the body to ultimately designate the property - which would deny the demolition. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approving the demolition of the structures at 604 South Fourth Street and 216 East Willard Street as requested. (Motion failed — 3 -2) Ayes: Councilmembers Roush and Polehna Nays: Councilmembers Menikheim, Cook, Mayor Harycki Motion by Councilmember Cook, seconded by Councilmember Menikheim, to deny the requests for demolition of the structures at 604 South Fourth Street and 216 East Willard Street. Ayes: Councilmembers Menikheim, Cook, Mayor Harycki Nays: Councilmembers Roush and Polehna Page 7 of 10 City Council Meeting October 2, 2012 City Planner Pogge pointed out that the vote should have been a straw poll, with findings prepared for the next meeting. Motion by Councilmember Cook, seconded by Councilmember Menikheim, directing staff to prepare findings of fact regarding demolition of the structures at 604 South Fourth Street and 216 East Willard Street, to be formally adopted at the next meeting. Ayes: Councilmembers Menikheim, Cook, Mayor Harycki Nays: Councilmembers Roush and Polehna UNFINISHED BUSINESS Possible approval to change City Council meeting date of November 20 2012 to November 13 2012 Motion by Councilmember Cook, seconded by Mayor Harycki, to change the date of the meeting. All in favor. Possible accepting of bids and awarding contract for the City Hall Chiller Installation Project City Administrator Hansen informed the Council that two bids were received for the chiller installation and recommended the City accept the low bid of Dakota Mechanical for $39,575. Motion by Councilmember Roush, seconded by Councilmember Cook, to adopt Resolution 2012- 162, accepting bids and awarding the contract for City Hall chiller installation project. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None NEW BUSINESS Liberty Harvest Fest Special Event City Administrator Hansen reported that the request is before the Council only because they are closing the road longer than is standard for staff to approve. It is a neighborhood event that has not caused any issues in the past. It will be closed for nine hours. Police Chief Gannaway stated any alcohol would have to be consumed on private property. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the Liberty Harvest Fest Special Event. All in favor. Possible approval of letter to DNR for support of the MN /DOT Permit Process City Administrator Hansen reviewed the proposed letter of support for the Mn/DOT permit process to the DNR. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the letter. Motion passed 4 -1, (Councilmember Cook opposed) Possible approval of Fall Arts and Jazz Festival Special Event and Contract City Clerk Ward reviewed the request and stated that the Park & Recreation had no issues with the contract or special event; however the Commission raised concern that the Chamber didn't Page 8of10 City Council Meeting October 2, 2012 follow the Special Event Policy which requires a 60 -day submittal. Ms. Ward continued by stating that the he 60 day submittal requirement in the Special Event Policy is so that there is plenty of time for other commissions' review (if applicable) and that final approval by the Council is not days before the event but rather a few weeks if details need to be finalized. Councilmember Polehna concurred with the lateness of the application and submittal requirements. Motion by Councilmember Polehna, seconded by Councilmember Cook, to adopt Resolution 2012- 163, approving 2012 Fall Colors Fine Art & Jazz Festival. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Possible consideration of Downtown Parking Commission a request to increase the cost of a parking ticket from $5 to $10 Police Chief Gannaway requested that Council raise the parking violation fines. He stated the Parking Commission wishes to cover expenses of the maintenance of the downtown parking lots as well as improvements to some of the lots. Police Chief Gannaway reported that the Council may be asked to increase the fine more in the future. The Commission wants the City to remain parking - friendly. Councilmember Roush suggested making the fine $10 and if not paid within a certain amount of time, $20. Councilmember Polehna stated merchants have told him their employees are taking the public parking spaces up all day. Motion by Councilmember Roush, seconded by Councilmember Menikheim, to adopt Resolution 2012 -164, approving Parking Violation fines, increasing the initial parking violation fine to $15, $20 if not paid in 10 calendar days, and $35 if not paid in 20 calendar days. Ayes: Councilmembers Polehna, Roush, Cook, Menikheim, Mayor Harycki Nays: None Possible approval of a Resolution accepting a donation of $85,000 from the Collins Family Mayor Harycki stated that the Collins family donated the funds in memory of their parents, Bob and Sue Collins, toward the downtown pedestrian walkway. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2012 -165, accepting donations from the family of Bob and Sue Collins. Ayes: Councilmembers Menikbeim, Cook, Roush, Polehna, Mayor Harycki Nays: None Page 9of10 City Council Meeting October 2, 2012 Possible approval of resolution for No Parking on Settlers Way Public Works Director Sanders explained the request for no parking on the south side of Settlers Way in Liberty is in response to complaints from townhome residents about commercial vehicles parking there. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2012 -166, authorizing no parking on the south side of Settlers Way from Manning Avenue to 140 feet east of Liberty Parkway. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Roush, to adjourn at 9:26 p.m. All in favor. --le ATTEST: Diane F. Ward, City Clerk Resolution 2012 -156, directing payment of bills Resolution 2012 -157, possible approval of railroad lease increase Resolution 2012 -158, adopting delinquent clean up services charges Resolution 2012 -159, approving renewal of the City's Board of Appeal and Equalization duties to Washington County Resolution 2012 -160, adopting assessment for 2012 street improvement project (Project 2012 -02) L.I. 393 Resolution 2012 -161, adopting assessment for Third Street South improvement project (Project 2012 -04) L.I. 369 Resolution 2012 -162, accepting bids and awarding the contract for City Hall chiller installation project Resolution 2012 -163, approving 2012 Fall Colors Fine Art & Jazz Festival Resolution 2012 -164, approving Parking Violation fines Resolution 2012 -165, accepting donations from the family of Bob and Sue Collins Resolution 2012 -166, authorizing no parking on the south side of Settlers Way from Manning Avenue to 140 feet east of Liberty Parkway Ordinance 1051, an Ordinance Amending City Code Section 31 -514, relating to the Keeping of Chickens in the City Page 10 of 10