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HomeMy WebLinkAbout2012-10-30 CC MIN4*.gae �LRCE 0f EI INRE.ERR CITY COUNCIL MEETING MINUTES OCTOBER 30, 2012 REGULAR MEETING Mayor Harycki called the meeting to order at 4:35 p.m. Present: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Absent: Councilmember Cook Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Community Development Director Turnblad City Clerk Ward OTHER BUSINESS Brown's Creek Trail Update - Kent Skaar, DNR 4:30 P.M. Kent Skaar informed the Council that Washington County completed the survey, and the track and tie removal is progressing, with completion date expected at the beginning of November. The next phase is planning. The existing Highway 95 structure (plans about 75% complete) will be raised slightly to level it out; the bridge at Oak Glen Golf Course (plans 90% complete) will be bid for construction in 2013; the crossing at Manning Avenue (plans less than 50% complete) is still in the design phase. Mr. Skaar added that with land acquisition complete, there are three possible funding sources for construction: some capital bonding appropriated in the 2012 session - with ongoing costs about $1.7 million in bonding; proceeds from the sale of the track - netting about $270,000; and some Legacy Funding - up to $500,000 in 2013 or 2014. The estimated total required for the trail itself (six miles) is $120,000 per mile or about $720,000 for the trail; the Highway 95 bridge rehabilitation estimate is $400,000 +; the Oak Glen Bridge, $120,000; and the Manning Avenue crossing, $1.5 -1.6 million for construction. So the total cost of the trail and bridges is just shy of $2.8 million, without final construction engineering, which will be another $250,000, so the cost will be slightly over $3 million to construct the trail and all the bridges. That does not include any trail parking, or substantial interpretive signage. Mayor Harycki asked about safety fencing or a barrier by the old stone bridge north of Highway 5, and Mr. Skaar replied that he has had a couple conversations with the land' owner, but safety fencing has not yet been put into cost estimates. There is an interpretive opportunity there but at the same time it is private property so conversations about that spot are ongoing. In some places, fencing on the sides of the trail will be required. Fencing could cost roughly $80 per foot. So in summary, he stated, another $700,000 would allow the DNR to complete everything. City Council Meeting October 30, 2012 Mayor Harycki pointed out that the City's interest is that the trail will have a tremendous positive impact on downtown Stillwater. He thinks the Council would like the trail done as soon as possible, as it will likely increase business downtown. He asked if the City found the funds of $700,000, could everything be accomplished in 2013. Mr. Skaar replied yes, the planning process will be done in the spring. So if the City had those dollars available, it could be constructed right away. There will have to be a Joint Powers Agreement with the City of Stillwater stating the trail can cross a platted road, in order to connect it to the Gateway Trail. Otherwise all railroad lands are owned by the DNR now. Mayor Harycki asked about the legality of hunting on DNR land and Mr. Skaar responded that all DNR land and State trails are free for hunting, but where local ordinance precludes it, it is precluded from the State trail as well. His staff is going to provide some additional signage. The trail as of now is closed but it's hard to keep people off it because with the tracks gone it looks like a gravel road. Mayor Harycki expressed concern that the approximately one mile of the trail in Stillwater Township will be open for hunting per statute - perhaps this could be addressed through the Joint Powers Agreement. Councilmember Roush asked about police jurisdiction for the trail. Mr. Skaar answered that the portion in the City would be under City police jurisdiction. He also stated that without a bridge in place, the trail will not be opened across Manning Avenue - the County is insistent on this. The section from Brown's Creek to downtown should be open in 2013. Councilmember Roush suggested that the Manning Avenue Bridge be as unobtrusive as possible. Mr. Skaar stated the DNR is aware of the need to blend in with the landscape especially because there is a neighbor involved. STAFF REPORTS Police Chief Gannaway reported that the Liberty Homeowners' Association met with staff about crime issues. They want to form a neighborhood watch group. He added that any other neighborhoods that want to do so may contact Officer Andrea Olson at the Police Department. He added there is a crime mapping component to the new records system that will allow the public to view crime statistics in their neighborhood. He will demo it for the council once it's up and running. Mayor Harycki suggested that Officer Olson prepare a presentation that can be broadcasted on the Cable channel to get more neighborhoods involved. Fire Chief Glaser informed the Council that it's still Fire Prevention Month and has been busy in the last couple weeks. There were fires on Owens Street, Timber Way, 120th Street, and some significant vehicle accidents in the last couple weeks. He continued by stating that the Insurance Service Office audit was completed last week and that it will be several months before the City knows if there will be any ISO rating changes. The burning ban was lifted. The State Fire Chiefs' Conference recognized retired Assistant Chief Rob Zoller for his accomplishments during his 30 year career with Stillwater. City Clerk Ward reminded the Council next Tuesday is Election Day. She encouraged residents to check the Secretary of State's office web site to find out where to vote because polling places have changed. She reminded the Council the next meeting is November 13. Community Development Director Turnblad told the Council the application for the Armory and fire station has been submitted and a public hearing has been scheduled for the Planning Page 2 of 7 City Council Meeting October 30, 2012 Commission meeting Wednesday, November 14. The Joint Board (two Council members and two Town Board members) will meet November 28 at City Hall. The City Council will hear it December 4 and 18. He also informed the Council that the Washington County Transportation Department would like to make a presentation on traffic management on County Rd. 12 (Myrtle). He requested that the Council schedule a work session for its November 13 meeting and Council members agreed. Public Works Director Sanders updated the Council on the Third Street North sinkhole project - work should wrap up by week's end. MnDOT will move the Shoddy Mill and Bergstein warehouse the night of November 6, so Highway 95 will be closed that night from 10 p.m. to 5 a.m. and traffic will be rerouted around downtown. RECESSED MEETING 7:00 P.M. Mayor Harycki called the recessed meeting to order at 7:04 p.m. Present: Councilmembers Menikheim, Cook, Polehna, Roush and Mayor Harycki Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Community Development Director Turnblad City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of October 16, 2012 regular meeting minutes Motion by Councilmember Cook, seconded by Councilmember Polehna, to approve the October 16, 2012 meeting minutes. All in favor. OPEN FORUM There were no public comments CONSENT AGENDA Resolution 2012 -177, directing the payment of bills Resolution 2012 -178, adopting assessments for 2012 Street Improvement Project (Project 2012 -02), LI 293 Parcel #28.030.20.24.0063 (323 Laurel Street) Possible approval of temporary liquor license - Valley Chamber Chorale, December 7 -9, 2012 Page 3 of 7 City Council Meeting October 30, 2012 Motion by Councilmember Roush, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Cook, Polehna, Roush, Mayor Harycki Nays: None PUBLIC HEARINGS Case No. 2012 -33. A public hearing to consider an appeal of the Planning Commission's decision to deny a request for a variance for the installation of a swimming ]2ool and associated retaining wall located at 745 Liberty Court in the LR, Lakeshore Residential District, Michael and Peggy Eiselt, applicants. Community Development Director Turnblad explained that the applicants had requested that the hearing be continued to the November 13 meeting. Motion by Councilmember Roush, seconded by Councilmember Polehna, to continue the hearing to the November 13, 2012 meeting. All in favor. UNFINISHED BUSINESS Possible approval of second reading of Ordinance 1052, an Ordinance Relating to Criminal Background Checks for Applicants for City Employment and City Licenses. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Ordinance 1052, an Ordinance Relating to Criminal Background for Applicants for City Employment and City Licenses. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Possible approval of Armory Use Agreement. Community Development Director Turnblad informed the Council that before the City transfers the property title to the Minnesota State Armory Building Commission for the new National Guard Armory, an agreement needs to be entered into that discusses the following: 1) giving back to the City the land for the new fire station; 2) if the Armory isn't built, the land will all revert to the City; 3) in the future the two entities will agree to details of shared use of the facility. A lease attachment to the Agreement will outline responsibilities for shared spaces. He conveyed that the City Administrator and City Attorney recommend approval of the Agreement. Councilmember Cook stated that online she found that current Armories have protocol for when groups want to use the facilities, and asked if the protocol is standard for all Armories. Mr. Turnblad stated every facility is different - the lease agreement will spell out the details. Councilmember Cook asked that there be consistency in terminology, as the Agreement uses the phrases "gymnasium" and "assembly hall" interchangeably. Community Development Director Turnblad stated that he will make those changes. Mayor Harycki asked what is the process for amending the Use Agreement if needed, and Mr. Turnblad replied that the lease will be annual, so it can be tweaked. Page 4 of 7 City Council Meeting October 30, 2012 City Administrator Hansen commented that the Minnesota State Armory Building Commission has been great to work with throughout the process. Motion by Councilmember Roush, seconded by Councilmember Menikheim, to adopt Resolution 2012 -179, Approval of Use Agreement between the Minnesota State Armory Building Commission and the City of Stillwater. Ayes: Councilmembers Menikheim, Roush, Polehna, Mayor Harycki Nays: Councilmember Cook NEW BUSINESS Possible approval of resolution amending Parking Violation Fines. Community Development Director Tumblad reported that the October increase in parking violation fines changed the late fee, making total fines less than before. Staff requests that the Council amend the resolution previously adopted, striking the language about $20 if not paid in 10 days and $35 if not paid in 20 days which was negotiated with the County court system. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2012 -180, Amending Resolution 2012 -164 approving parking violation fines. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Possible approval to allow temporary structure at 2250 Orwell Court North. Community Development Director Turnblad informed the Council that Chuck Hoffinan of 2250 Orwell Court North recently installed a temporary fabric covered storage shelter in his front yard, generating complaints from surrounding property owners. Staff visited the site and advised Mr. Hoffinan that the fabric structure violated City Code because it is in the front yard and is larger than 1,000 square feet. Due to possible impending surgery, Mr. Hoffinan asked that he be permitted to keep the structure until this spring when he would remove it. Staff believes his request is reasonable. Chuck Hoffinan, 2250 Orwell Court North, told the Council he has had many health problems. He realizes he should have inquired about City Code before putting up the temporary shelter and would like to have until spring to remove it. Councilmember Cook expressed a concern about precedent- setting. City Attorney Magnuson stated that if someone has a medical condition, there is justification for allowing the precedent. Councilmember Roush remarked if portable garages start popping up, it will be a problem. He stated the request would set a precedent he is not comfortable with. Mr. Hoffinan stated he would be willing to pay a fine if he doesn't have the structure taken down in the spring. He feels he has been a very good neighbor and a good citizen. Motion by Councilmember Roush, seconded by Councilmember Cook, to deny the request to allow the temporary structure at 2250 Orwell Court North. Motion passed. Ayes: Councilmembers Cook, Roush, Mayor Harycki Nays: Councilmembers Menikheim and Polehna Page 5 of 7 City Council Meeting October 30, 2012 Possible approval for consultant for MS4 Storm Water Management Program. Public Works Director Sanders informed the Council that the Minnesota Pollution Control Agency is finalizing the requirements for improved storm water management in the State. The City must comply with the new rules by updating its current plan. Staff recommends WSB & Associates to assist the City in updating its MS4 Storm Water Management Program at a cost of $21,300. Motion by Councilmember Polehna, seconded by Councilmember Cook, to Resolution 2012 -181, Accepting Proposal from WSB & Associates for the MS4 Storm Water Management Program Update. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Possible approval to hire replacement for Public Works. Public Works Director Sanders reported that maintenance employee Scott Schell resigned after 28 years. He requested authorization to fill the position. City Administrator Hansen recommended the Council approve the hiring and that Council approval is needed due to the hiring freeze. Two other employees are on medical leave and the Public Works Department is entering its busy season. Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve the hiring of a new maintenance worker. All in favor. Possible approval of cooperative agreement for St. Croix River Crossing Project. Public Works Director Sanders explained the Agreement coincides with the Memorandum of Understanding the Council approved about six years ago. The Agreement outlines the City's cost for utility relocation and the City's maintenance responsibilities after the crossing is completed. It also includes the turn back of two roads to the City - the north frontage road along Highway 36 from Northwestern Avenue to the City limits west of Osgood, and Chestnut Street from Main to the concourse of the Lift Bridge. City Administrator Hansen added that there are Memorandums of Understanding dating back to the 1990s on all of this. The City has previously agreed to most of this and it's getting fine tuned now. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2012 -182, Resolution Entering into Agreement No 01433 with Minnesota Department of Transportation (St. Croix River Crossing). Ayes: Councilmembers Menikheim, Roush, Polehna, Mayor Harycki Nays: Councilmember Cook One - meeting replacement for Councilmember Roush for Joint Board meeting November 28. Councilmember Roush explained he will be unable to attend the Joint Board meeting about the Armory and Fire Station and felt another Councilmember should attend. Motion by Councilmember Roush, seconded by Councilmember Polehna, to have Councilmember Polehna attend the Joint Board meeting November 28. All in favor. Page 6 of 7 City Council Meeting COUNCIL REQUEST ITEMS October 30, 2012 Councilmember Menikheim reported that the CVB put Stillwater in a recent competition for being one of prettiest communities in the State. Councilmember Cook stated Stillwater's selection speaks to the City's accomplishments in preservation. Councilmember Polehna stated it also speaks to the City's efforts in promoting the lodging tax. Councilmember Roush asked Public Works Director Sanders to contact Washington County staff, if they will consider traffic patterns at Greeley and Myrtle when planning the roundabout at Myrtle and Owens. He felt that if the roundabout is allowed, it would definitely impact other intersections. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn at 7:59 p.m. Motion passed 4 -1 with Mayor Harycki opposed. All in favor. /� , Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2012 -177, Directing the Payment of Bills Resolution 2012 -178, Resolution Adopting assessment for 2012 Street Improvement Project (Project 2012 -02) L.I. 393 Parcel #20.030.20.24.0063 (323 Laurel Street) Resolution 2012 -179, Approval of Use Agreement between the Minnesota State Armory Building Commission and the City of Stillwater Resolution 2012 -180, Amending Resolution 2012 -164 approving parking violation fines Resolution 2012 -181, Accepting Proposal from WSB & Associates for the MS4 Storm Water Management Program Update Resolution 2012 -182, Resolution Entering into Agreement No 01433 with Minnesota Department of Transportation (St. Croix River Crossing) Ordinance 1052, an Ordinance Relating to Criminal Background for Applicants for City Employment and City Licenses Page 7of7