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HomeMy WebLinkAbout2012-11-13 CC MIN4g*a.le, 2� ... 11117.....E OF N........ CITY COUNCIL MEETING MINUTES November 13, 2012 (Changed from November 20, 2012) SPECIAL MEETING Mayor Harycki called the meeting to order at 4:36 p.m. 4:30 P.M. Present: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Deputy Fire Chief Ballis Police Chief Gannaway Public Works Director Sanders City Clerk Ward OTHER BUSINESS Traffic Management - Washington County Community Development Director Turnblad explained that the City needs to start thinking about options for access along County Road 12 prior to construction of the new armory and fire station. Ann Pung - Terwedo, Washington County Public Works Senior Planner, reviewed the definition and use of access management. It is important for safety, mobility, good design of roadways and convenience of motorists. Washington County works with communities to develop memorandums of understanding regarding access management in certain areas. Joe Gustafson, Washington County Traffic Engineer, discussed access management in regard to County Road 12. Some of the issues are: hills at Maryknoll limiting sight distance, a lack of north -south connections, lack of left turn lanes on County Road 12 causing illegal and unsafe passing on the right, and difficulties crossing near Eagle Ridge due to close spacing of intersections. County Road 12 will soon have over 7,500 vehicles per day. Mr. Gustafson continued that a north -south street connecting County Road 12 to Boutwell is needed. The new connection must be aligned with Maryknoll to allow for traffic signals and turn lane improvements. A second access to the new armory at its western property line can be allowed, but there are concerns. Eventually there will be traffic signals at both Interlachen and Maryknoll. Intersections at Boutwell and Deerpath will be restricted in the future (rights turns only allowed). The County would support a request for a new speed study in regard to Myrtle Street if the Council so desires. The County would like to develop a memorandum of understanding with the City regarding access locations for the new armory and fire station. City Council Meeting November 13, 2012 Councilmember Roush commented that people who live in the area might initially oppose closing Boutwell but they would gain a cul -de -sac and may grow to like the fact that the end of Boutwell is closed. He would be in favor of closing the end of Boutwell. Mr. Gustafson indicated that the County remains open to the idea of maintaining Boutwell as a right -in, right -out access. He stated public meetings about roadway changes would likely take place in 2014 as part of the design process. If an access MOU is entered, that public process could take place much earlier. Mini Roundabout Councilmember Roush asked if there is any new information on traffic patterns with the bridge closure. Mr. Gustafson replied he is surprised at how much north -south traffic is still using the Myrtle /Owens intersection even with the bridge being closed. The County will be submitting an RFP for the mini roundabout to City staff for Council approval. REGULAR MEETING 7:00 P.M. Mayor Harycki called the recessed meeting to order at 7:03 p.m. Present: Councilmembers Menikheim, Cook, Polehna, Roush and Mayor Harycki Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Deputy Fire Chief Ballis 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. CANVASS OF CITY GENERAL ELECTION City Clerk Ward reported that in the November 6, 2012 General Election, the total votes cast for the Office of Councilmember were as follows: Councilmember Ward 2: Ted Kozlowski 1,269; Tom Corbett, 1,185. Councilmember Ward 3: Tom Weidner, 1,087; James Roush, 903. Motion by Councilmember Roush, seconded by Councilmember Polehna, to certify the Municipal General Election results. Ayes: Councilmembers Menikheim, Cook, Polehna, Roush and Mayor Harycki Nays: None Page 2 of 6 City Council Meeting APPROVAL OF MINUTES November 13, 2012 Possible approval of October 30, 2012 regular and recessed meeting minutes Motion by Councilmember Cook, seconded by Councilmember Roush, to approve the October 30, 2012 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS AND DELEGATIONS Heritage Preservation Awards Commissioner Jeff Johnson presented the following awards: 2011 Annual Preservation Award to Roger Tormen, for personal contributions to historic preservation efforts in the City of Stillwater; Restoration of Historic Storefront Windows Award to Jerry Brine of Brines Restaurant for work done at 219 South Main Street; Residential Restoration Award to Shane Fatland and Bryan Schreier for restoration of their home at 501 Laurel Street West; and Fagade Renovation Award to 45 Degrees for work done at 229 South Main Street. OPEN FORUM Jim Hainlen, 1206 Third Street South, thanked the City and Planning Department for incredible work on Third Street. He also brought up a dangerous condition, a tree hanging over the sidewalk on Fourth and Orleans Street with many dead branches that could fall on schoolchildren walking underneath. He first spoke with City staff about the condition on September 17, eight and a half weeks ago, and no action has yet been taken. Failure to eliminate the dangerous condition opens the City to liability, according to his research. He requested immediate action to take the tree down. Public Works Director Sanders responded that Leo Miller, the Community Service Officer, has been working with the property owner. He has asked Assistant Public Works Director Tim Moore to get a quote on the tree removal. Sean Hade, 620 North Main Street, introduced himself as the newest appointee to the Planning Commission. Karin Housley, new Senator-elect, introduced herself and offered her assistance for anything the Council might need. Ted Kozlowski, newly elected Ward 2 Councilmember, introduced himself. STAFF REPORTS City Clerk Ward thanked the 150 election judges who served in the General Election and the seven staff members who were integral to the administration of the election. Councilmember Polehna stated that without the administration and organization of Ms. Ward a successful election process would not be obtained. He and the Council thanked Ms. Ward for her efforts in the administration of the 2012 elections. Public Works Director Sanders reminded the Council that the Shoddy Mill and Bergstein Warehouse will be moved tomorrow night between 10 p.m. and 5 a.m., closing Highway 36 and Highway 95. He also reported that he met with Washington County this morning on preliminary stages for road improvement on County Highway 15 scheduled for 2014, which includes intersection improvements at Boutwell Road and Manning, Highway 96 and Manning, and Page 3 of 6 City Council Meeting November 13, 2012 extending a trail from just north of County Highway 12 to McKusick Road to tie into the Browns Creek Trail. Finance Director Harrison stated that the Truth and Taxation presentation will take place at the 7:00 p.m. meeting on Tuesday, December 4, 2012. City Attorney Magnuson presented a draft of an addendum to the Project Cooperation Agreement between the City and the Army Corps of Engineers for the Floodwall, proposed by the Corps. The Corps requests acknowledgement that City Attorney Magnuson has shared the addendum with the Council and that he approves it. None of the numbers changed. The Corps will obtain final approval of the addendum at its headquarters in Washington, D.C. and then send it back for City signature, at which time Council will vote on it. Motion by Councilmember Roush, seconded by Councilmember Polehna, to acknowledge that the Council has seen the document and authorizes City Attorney Magnuson to proceed with negotiation. All in favor. City Administrator Hansen reported that Congresswoman McCollum would like to introduce herself to the Mayor, Council and senior staff on November 20. He will email Councilmembers with further information when known. Councilmember Polehna suggested that perhaps Councils of surrounding cities should meet to discuss common issues. City Administrator Hansen offered to bring up the idea at the next County Administrators Meeting. CONSENT AGENDA Resolution 2012-183, directing payment of bills Resolution 2012-184, approving renewals of On-Sale, Off-Sale, Club, Wine, Wine With Strong Beer, Sunday On-Sale, On-Sale 3.2%, Off-Sale 3.2%, Micro Brewer Off-sale, Micro Brewer Tap Room Liquor Licenses, Combination and Tobacco Licenses for 2013 Possible approval to purchase bleacher heater for Lily Lake Resolution 2012-185, approving lease agreement with Washington County for an equipment shelter adjacent to the water storage tank at 2100 Willard Street West Motion by Councilmember Polehna, seconded by Councilmember Roush 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 pool and associated retaining wall located at 745 Liberty Court in the LR, Lakeshore Residential District, Michael and Peggy Eiselt, applicants. Community Development Director Tumblad explained that the Eiselts would like to construct a swimming pool in their rear yard but the Planning Commission recommended denial. The City Forester and City Planner met with the Eiselts to discuss alternatives to taking down as many trees as was originally proposed, and a compromise has been reached. City Council Meeting November 13, 2012 Peggy Eiselt thanked the Council and staff for time spent on the case. She stated she and her husband are happy with the proposed conditions. They plan to promote growth of the oak savannah by removing buckthorn. She also presented letters of support from neighbors. In response to a question from Councilmember Cook, Community Development Director Turnblad noted that five oak trees will be removed for the project. In addition to the buckthorn being removed, two dozen oak seedlings will be planted to enhance the oak savannah. Councilmember Polehna commented that many of the existing trees have already suffered construction damage from the building of the homes; the proposal saves the healthy trees and removes diseased trees, and he believes the compromise preserves the oak savannah. Mayor Harycki stated he believes the proposal is a good compromise. Councilmember Roush asked Ms. Eiselt if she had the blessing of the Homeowners Association. Ms. Eiselt presented a letter from the Homeowners Association for the record. Ms. Eiselt, Mayor Harycki and Councilmember Polehna stated they had spoken to the Master Homeowners Association. The Mayor stated that the association was "somewhat fine" without seeing the specific details. City Attorney Magnuson stated he would not be concerned about setting a precedent because it would be more of a political precedent than a legal precedent. He also clarified that the ordinance does not state that the savannah must be protected, it states that no accessory use shall be permitted that will result in the cutting of trees. Councilmember Menikheim recognized that rules are just guidelines and individual situations vary. He believes the proposal is a good compromise. Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve Resolution 2012 -186, a resolution approving a variance for an outdoor pool on property located at 745 Liberty Court (Planning Case No. 2012 -33). Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None NEW BUSINESS Possible approval of quotes for 402 Sycamore demolition Community Development Director Turnblad reported that the property at 402 West Sycamore Street was deemed a public health nuisance by the Washington County Health Department and a safety hazard by the Building Department on April 12, 2012. City staff has been working with the property owner to prepare for demolition of the house and barn. A bid from VCI Environmental was received for asbestos abatement and three bids were received for demolition of both structures. City staff recommends the Council accept the low bid from Fuhr Trenching for $10,640 for demolition. Costs of asbestos abatement and demolition will be added to property taxes. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2012 -187, Accepting bid and awarding contract for demolition of buildings at 402 W. Sycamore Street. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Page 5 of 6 City Council Meeting COUNCIL REQUEST ITEMS Yellow Ribbon Update. November 13, 2012 Councilmember Polehna commended Corey Buettner and Leo's for its successful event honoring veterans on Veterans Day. Councilmember Menikheim added heartfelt thanks for the efforts to thank veterans on Veterans Day which were noticed and appreciated. Councilmember Menikheim noted that the old Kinsel Liquor store at the corner of Second and Chestnut has undergone a beautiful fagade change. Councilmember Menikheim brought up a concern about the status of the engine in Lowell Park. City Administrator Hansen responded that City staff has been talking with Mr. Paradeau, the owner of the engine. Because of some legal issues it might not be removed until January 20. City Attorney Magnuson added that statute allows for abandoned property to come into possession of the property owner where it is located, but it has to have been abandoned for six months (which would be January 15). The City also has investigated having the engine classified as a nuisance and will send the owner a notice this week. He added that Public Works Director Sanders has found a contractor who would move the train for $10,000 and the City would have to make sure it can assess the engine's owner for that. City Administrator Hansen reiterated that he does not want the engine to become a City problem and he is doing everything he can to get it removed and will continue these efforts. ADJOURNMENT TO EXECUTIVE SESSION - LABOR NEGOTIATIONS City Administrator Hansen indicated that the Council would be going into closed session for Labor Negations for the 49ers Contract. Mayor Harycki closed the regular meeting of the C contract negotiations at 8:01 p.m. AT EST: Diane F. Ward, City Clerk to discuss Resolution 2012 -183, Directing the Payment of Bills Resolution 2012 -184, Approving renewals of On -sale, Club, Wine, Wine with Strong Beer, Sunday On -Sale, On -Sale 3.2 %, Off -Sale 3.2 %, Micro Brewer Offsale, Micro Brewer Tap Room Liquor Licenses and Tobacco Licenses for 2013 Resolution 2012 -185, Approving lease agreement with Washington County for an equipment shelter adjacent to the water storage tank at 2100 Willard Street W Resolution 2012 -186, a resolution approving a variance for an outdoor pool on property located at 745 Liberty Court (Planning Case No. 2012 -33) Resolution 2012 -187, Accepting bid and awarding contract for demolition of buildings at 402 W. Sycamore Street Page 6 of 6