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HomeMy WebLinkAbout2012-12-04 CC MIN4' galer THE I.. ...... OF NIEE EEO TI. CITY COUNCIL MEETING MINUTES December 4, 2012 REGULAR MEETING Mayor Harycki called the meeting to order at 4:33 p.m. 4:30 P.M. Present: Councilmembers Menikheim, Cook, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison MIS Specialist Holman Deputy Fire Chief Ballis Police Chief Gannaway City Planner Pogge Public Works Director Sanders Community Development Director Turnblad City Clerk Ward OTHER BUSINESS Public hearing for the proposed adoption of a modification to the Development Program for Development District No. 1, and the proposed modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 4 within Development District No. 1, pursuant to and in accordance with Minnesota Statutes, §469.124 to 469.134 and 469.174 to 469.179. City Attorney Magnuson explained the proposal to change the boundaries of Development District No. 1 to coincide with City limits, with the exception of two small areas near Highway 5 which will likely be annexed into the City in the future when boundaries are cleaned up. The enlargement of the District will give the City flexibility to use increment from this District anywhere in the City, within legal restrictions. Mayor Harycki suggested the City may be better off waiting until the remaining parcels near Highway 5 are annexed, likely within a couple months. City Attorney Magnuson agreed and assured the Council the action may be taken anytime up until December 2013. STAFF REPORTS Webcasting Proposal MIS Specialist Holman reviewed a proposal from Granicus for the City of Stillwater and the Stillwater School District to share the cost of webcasting technology. The Granicus Transparency Suite is a cloud based application that allows users to store an unlimited amount of meeting data, upload and publish videos and documents such as packets and minutes. Content City Council Meeting December 4, 2012 is accessible through the website for the public to see and search through. Meetings may be watched live, on the internet or later, at their leisure. The public may also view packets, minutes and attached documentation. Also included is an iPad application called iLegislate that Council members might consider. The equipment would be installed in the council chambers and would be used by the City and the School District under a cooperative agreement. The upfront cost would be $2,625.00 to purchase and install the equipment, with the City of Stillwater share being $1,312.50. The monthly fee for cloud services is $724.00, of which the City would pay $362.00. The total annual fees for the City would be $4,344.00. The total cost for first year would be $5,656.50 plus tax. Dr. Corey Lunn, District Superintendent, noted that the technology would make it much easier for constituents to view school board meetings, especially because many households in the district have no cable access. Councilmember Menikheim commented that the technology would make the Council's meetings more transparent and be easier for staff, but he is concerned about cost and would rather see two - thirds, one -third split. Superintendent Lunn responded that he would have to take that to the Board. Tonight he is prepared to go 50150. Mayor Harycki asked about implications for staff, and City Clerk Ward replied that the new system should not add to staff workload but should make their work easier. As for records retention and that State law designates written minutes as the official record, not videos or audios, which may be destroyed after three to six months. MIS Specialist Holman told the Council that the City's IT Department does not have money in the budget for this expense either this year or next. The money would have to come from another account. Councilmember Roush asked if Granicus would consider expanding the cost sharing contract to more than two entities and Ms. Holman answered that she believes there is no cost saving by adding entities; the reason cost splitting is an option in this case is because the two entities share the meeting facility. Motion by Mayor Harycki, seconded by Councilmember Menikheim to adopt Resolution 2012- 195, approving Granicus Service Agreement, splitting costs 50150 with the School District as recommended. Ayes: Councilmember Menikheim, Cook, Roush, Polehna, and Mayor Harycki Nays: None In other staff reports, Police Chief Gannaway reminded the community that odd/even parking has been in effect since November 1. He also reported that the Police and Fire Departments worked with Unseen Angels organization on Thanksgiving to deliver about 80 meals to families in need. Also, there is three collection sites for Toys for Tots. The deadline is December 18 to drop off of new, unused, unwrapped gifts. MIS Specialist Holman asked the Council how the iPads are working, and if they wish to discontinue printed packets. All agreed the paper packets may be discontinued. She also Page 2 of 15 City Council Meeting December 4, 2012 requested non - political items to put on the City's Facebook page. Also, the City had about 35 participants in the health and wellness program for the year. Councilmember Polehna requested Specialist Holman look into using QR codes in the future. Mayor Harycki recessed the meeting at 5:27 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the recessed meeting to order at 7:06 p.m. Present: Councilmembers Menikheim, Cook, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Public Works Director Sanders Deputy Fire Chief Ballis Community Development Director Turnblad City Planner Pogge Police Chief Gannaway City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. Mayor Harycki noted the sad news that longtime former City Employee and former County Commissioner Nile Kriesel lost his wife Martha last week. He offered condolences on behalf of the City. APPROVAL OF MINUTES Possible approval of November 13 2012 regular meeting and executive session minutes Mayor Harycki noted a change regarding the pool in Liberty. Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve the minutes of the November 13, 2012 regular meeting and executive session as amended. Ayes: Councilmembers Menikheim, Cook, Polehna, Roush and Mayor Harycki Nays: None PETITIONS, INDIVIDUALS AND DELEGATIONS Convention & Visitor Bureau Councilmember Polehna commended the CVB and IBA for putting on a wonderful family night and Twinkle Parade downtown last week. Page 3 of 15 City Council Meeting Retirement - Scott Schell, Public Works December 4, 2012 Mayor Harycki read a resolution commending retiring Public Works Employee Scott Schell for serving the City for over 28 years. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to adopt Resolution 2012 -193, approving Certificate of Appreciation to Scott Schell upon his retirement effective November 5, 2012. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None OPEN FORUM Tim McKee, 601 South Fourth Street, announced that a Stillwater Area Hospitality Association has just formed to provide a forum for increased communication between the City and the restaurant community. It also offers quarterly liquor awareness and security training through the Minnesota Licensed Beverage Association as well as Serve Safe Certification through the Minnesota Restaurant Association. Mayor Harycki extended an invitation for the Association to come before the Council with any issues and suggested this be done regularly. Councilmember Roush suggested the Association send meeting minutes to the City to stay connected. Councilmember Menikheim stated he attended the Association's first meeting which was a great start. Leslie Agard informed the Council that a group called FAN, Friends and Neighbors, is concerned about the condition of some of the houses in the City, for instance damaged roofs, siding and windows. She represents about 12 people who live on the South Hill who are interested in requiring repairs to be made to homes. Brad Junker, 305 West Willard Street, Stillwater Police Department Community Service Officer, part time Fire Fighter and member of the union that represents 17 city employees, expressed concern about contract negotiations. He loves Stillwater and stated that City employees work hard to uphold the best interests of the City and its inhabitants. He noted the many varied aspects of City employee work. City employees love working here and work diligently and faithfully. He understands that all but one of the City's union contracts remain open, and asked that the Council urge City staff to promptly negotiate fair contracts for all City employees. Norm Steere, 17060 160th Street, Stillwater Township, informed the Council that Stillwater Downtown Theater Corporation will be presenting three programs combining vintage film clips with live presentations if they can raise the funds. CONSENT AGENDA Resolution 2012 -189, directing payment of bills Possible release of capital funds - Library Resolution 2012 -190, adopting delinquent sewer charges Project No. 0001 Resolution 2012 -191, extending moratorium on Community -Wide Events within the City of Stillwater Page 4 of 15 City Council Meeting December 4, 2012 Resolution 2012 -192, approving health and dental insurance premiums and city contribution effective January 1, 2013 Possible approval for the purchase and installation of Nelson Street Pumping Station Grinder Pump Possible approval for the purchase and installation of tailgate brine tanks Possible approval of update of Rec Center generator to meet EPA new standards Resolution 2012 -194, adopting delinquent garbage charges Project No. 0002 Councilmember Cook questioned why the amount of delinquent charges is so high, and City Administrator Hansen responded that some citizens have the charges put on their property taxes and then try to deduct it on their income tax. Finance Director Sharon Harrison explained there is a 10% penalty when a delinquent charge goes to the County and a $10 quarterly penalty when it's not paid on time. Mayor Harycki suggested the Council look at this issue when fees are adopted in January. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the Consent Agenda. Ayes: Councilmembers Menikheim, Cook, Polehna, Roush, and Mayor Harycki Nays: None TRUTH IN TAXATION City Administrator Hansen presented the Truth in Taxation information, reviewing City services, budget information, proposed operating revenues and expenditures, revenue trends, local government aid and the property tax levy. 2013 proposed operating expenditures are very similar to what they were in 2012. The proposed 2013 General Tax Levy is $7,435,010 and the total proposed 2013 tax levy is $10,406,507 or a 1.56% increase over 2012. He also reviewed significant 2013 budget impacts, noting the City is still in a hiring freeze and a capital purchase freeze. He explained how the property tax rate is calculated to determine the city tax rate of 61.045 %. Most property tax payers in the City will see a decrease in property taxes. Frank Piontek, 197 Maryknoll Drive, questioned the proposed levy increase, asking if it is proportioned uniformly to all residents and businesses, and City Administrator Hansen responded that a state - mandated formula sets the tax rates. Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Resolution 2012 -196, adopting the final budget and the commitment of certain revenue sources for the fiscal year 2013. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Motion by Councilmember Menikheim, seconded by Councilmember Roush, to adopt Resolution 2012 -197, adopting the final tax levy for the year 2013. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Page 5 of 15 City Council Meeting PUBLIC HEARINGS December 4, 2012 Case No 2012 -04 A public hearingL to consider the new National Guard Armory and City Fire Station facilities proposed to be constructed immediately northwest of the intersection of M�tle Street and Maryknoll Drive in the 13000 Block on County Road 12 (aka 75th Street). The Council will specifically consider: 1) annexation of an 18.92 acre property; 2 rezoning of the property om AP Agricultural Preservation to RB Two - Family Residential; 3) zoning ordinance amendment to allow armories and fire stations in the RB Zoning District by Special Use Permit; 4 )Special Use Permit for the National Guard armory and 5) Special Use Permit for the City of Stillwater Fire Station; and any related variances. Community Development Director Tumblad presented background information on the project. The City of Stillwater has been working with the Minnesota Army National Guard for a number of years to provide property suitable for a new readiness center (armory) to replace the existing facility in downtown Stillwater. The City has also been considering the construction of a new fire station for many years. In November 2010, these two independent projects came together when the City purchased a site that could accommodate both the new 79,465 square foot armory and a new centrally located seven -bay fire station. The building footprint is designed to accommodate a gymnasium expansion, should the City decide to construct that in the future. A new public road will be constructed connecting Boutwell to Maryknoll Drive. There are two proposed public entrances to the facility: the south entrance for the reception area of the fire station and the armory classrooms, and the north entrance which will be the primary public entrance to the armory. Mr. Tumblad continued that in order to proceed as proposed, the following actions would have to be taken: 1) annex the property; 2) rezone the property to RB, Two - Family Residential; 3) amend the City Zoning Code by allowing armories and municipal fire stations by Special Use Permit in the RB, Two - Family Residential Zoning District; 4) grant a Special Use Permit for the armory; and 5) grant a Special Use Permit for the municipal fire station. Jeff Bednar, Senior Traffic Engineering Specialist with SRF Consulting Group, addressed how the project might impact cut - through traffic in Croixwood. He presented a draft impact study report for the new facility showing that the proposal does not represent a significant negative impact to the study area and poses no significant degradations in levels of service. However there is a concern among residents about cut - through traffic. He indicated that Washington County is considering a right -in, right -out intersection at Boutwell and Myrtle. A supplemental traffic analysis indicated that the resulting increase in traffic on Maryknoll would not be significant. Community Development Director Tumblad pointed out that 45 -50 homes could have been accommodated on the site had it been developed as residential. Mr. Bednar added a single family home generates about ten trips per day. On a weekday, the Armory and Fire Station will generate roughly 400 trips per day. On a Guard drill weekend, there would be 170 soldiers reporting to the facility. Community Development Director Turnblad added that neighbors are concerned about potential noise. The Fire Department uses sirens only when life safety is involved. Deputy Fire Chief Ballis indicated that as soon as emergency vehicles turn onto Myrtle, the siren noise will dissipate quickly as they move away. Page 6 of 15 City Council Meeting December 4, 2012 Mayor Harycki opened the public hearing at 8:18 p.m. Mary Piontek, 197 Maryknoll Drive, disputed the traffic data. She feels she represents approximately 100 homeowners on Maryknoll, Oak Ridge and Croixwood Boulevard where traffic has increased steadily because of the failure of the City to design and manage adequate north -south feeder routes. She suggested the Council consider a signal at CSAH 12 and Maryknoll for north and south bound traffic that signals for a left or right turn only except for emergency vehicles. She further suggested leaving Boutwell open at CSAH 12 and possibly installing traffic calming measures on Maryknoll, Oak Ridge and the Armory road. Frank Piontek reiterated his wife's concerns, predicting there will be considerably more traffic on Maryknoll as a result of the project. He would like to distribute the additional traffic equally between Maryknoll, Brick, Deer .Path and Northland rather than driving all the traffic to one corridor which is down Maryknoll. Deanne Bergevin, 680 Wildwood Lane, stated she hasn't heard discussion about traffic westbound toward the Armory. She is concerned about the short distance between all three right turn lanes, and the signal being at the top of a hill which could create a hazard. Mr. Bednar responded that typically the County has a signal timing plan designed so that unless there's traffic on Maryknoll, the green light will favor north and south bound Myrtle Street traffic. Ann Pung - Terwedo, Washington County Planner, reported that the County will be doing a feasibility plan of CSAH 12 to look at all accesses and designing an intersection for the Maryknoll extension, working with the City and residents in the area. Washington County also will work on an access management plan for CSAH 12 from Eagle Ridge to Highway 15. Pat Junker, 902 Eagle Ridge Place, expressed concern about the amount of traffic that will result from the facility. Dennis Arntson, Minnesota National Guard Project Manager, told the Council that the Guard concurs with all stipulations in the proposed resolutions. Regarding noise, he stated the Guard acts a lot like a classroom on drill weekends. There will be no outdoor shooting. David Korte, 3515 Pine Hollow Place, commended what the City has done on the project - which will result in response times being more balanced in all areas of the City. He thanked the City for all the work that has been done to make Stillwater safer. Mayor Harycki closed the public hearing at 8:36 p.m. Councilmember Cook expressed concerns about moving the fire station, adding that she has been unsuccessfully advocating for a substation downtown and needs more assurances that there will not be diminished service to the North Hill. She believes North Hill residents will be losing some response time they have been accustomed to. Deputy Chief Ballis answered that a station in the central corridor will serve the entire City equally, as well as serving the contract areas. He doesn't believe the North Hill areas will see a decrease in service. He also noted that if needed, Bayport would respond to a call on the North Hill under the mutual aid agreement. Page 7of15 City Council Meeting December 4, 2012 Motion by Councilmember Roush, seconded by Councilmember Polehna approve the first reading of an ordinance amending the City Code Section 31 -300 entitled Establishment of Districts by rezoning 18.92 acres to RB, Two - Family Residential. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, and Mayor Harycki Nays: None Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the first reading of an ordinance amending the City Code Chapter 31, entitled Zoning Ordinance by adding "Armory" and "Municipal Fire Station" in the RB, Two - Family Residential Zoning District as specially permitted uses. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, and Mayor Harycki Nays: None Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve Resolution 2012 -198, annexing land to the City of Stillwater pursuant to the Joint Resolution of the City and Town of Stillwater as to orderly annexation dated August 16, 1996. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, and Mayor Harycki Nays: None Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve Resolution 2012 -199, approving a special use permit for the new Stillwater Municipal Fire Station. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, and Mayor Harycki Nays: None Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve Resolution 2012 -200, approving a special use permit for the new National Guard Readiness Center (aka Armory). Ayes: Councilmembers Menikheim, Roush, Polehna, and Mayor Harycki Nays: Councilmember Cook Case No. 2012 -31. A continued public hearing to a request for a minor Zoning Text Amendment for public above -grade patios and above -grade decks in the City of Stillwater. Community Development Director Tumblad explained that in response to the Rafters roof top patio SUP request, the City Council asked at its August 21st meeting that staff draft an amendment to the zoning code that requires certain special use permits to be reviewed and approved by the City Council. Currently the Planning Commission has the authority to approve most SUPs. On October 16th the City Council heard the first reading of the proposed ordinance amendment and requested that the language be altered to make the ordinance apply to SUPS in general (not specifically to roof top patios), adding that the Planning Commission would continue to review and issue most special use permits except when accountability or unusual public safety concerns arose. Page 8of15 City Council Meeting December 4, 2012 Mayor Harycki suggested the revised language go to the Planning Commission for review, as a courtesy. Motion by Councilmember Cook, seconded by Councilmember Roush, to approve the first reading of an ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance, by providing for referral of some special use permits to the City Council. Ayes: Councilmembers Cook, Roush Nays: Councilmembers Menikheim, Polehna, and Mayor Harycki Councilmember Polehna expressed that he feels it is bad policy to not include the Planning Commission. Councilmember Cook reiterated that the issue has already been before the Planning Commission, and she would like to see the issue resolved while she is still a council member. Community Development Director Turnblad stated that the Planning Commission has reviewed the amendment, simply not the softened wording. He agreed to notify the Planning Commission of the language revision. UNFINISHED BUSINESS Possible approval of first reading of an ordinance to establish nronertv maintenance standards. City Attorney Magnuson reported that Councilmembers and staff have been trying to figure out how to address the problem of deteriorating housing stock. It became apparent that building standards were in City Code until 1983 but because there was no enforcement staff, they were stricken. He has reworked the City of St. Paul's standards for consideration by the City of Stillwater. They address outside yard standards and exterior structure standards. Houses vacant for six months or more would need to be registered with the City. Councilmember Menikheim commented that the standards are needed. Mayor Harycki asked if this has gone to the Planning or Heritage Preservation Commission for review or comment, and Community Development Director Turnblad answered that it has not gone before the Commissions. City Attorney Magnuson added that this is not a zoning ordinance, it's a nuisance ordinance, so may not be under the purview of the Commissions. Councilmember Cook expressed that this is an important beginning because the Council has been discussing problem properties for a long time. Councilmember Roush stated that he has an issue with defining a vacant building. As worded, someone whose house has not sold for two years could be assessed $2,000. City Attorney Magnuson stated the registration fee of $1,000 applies only if they leave the house open and unattended for six months. Councilmember Cook asked if exemptions would be allowed. City Attorney Magnuson replied that a provision could be added to apply for an exemption if a home will be secured and looked after. The goal is to target homes that are vacant and neglected. Page 9 of 15 City Council Meeting December 4, 2012 City Administrator Hansen added that staff has suggested various changes since the ordinance was drafted last Friday, so it needs more fine tuning. Mayor Harycki suggested that among other revisions, the wording about grading and drainage needs to be tweaked to account for rain gardens. Councilmember Menikheim noted that the Council should tweak it more to get it right, but the process is underway and that's the most important thing. Councilmember Polehna stated that the ordinance is needed and enforcement needs to be looked at too. Councilmember Cook expressed frustration that the Council has been trying to resolve this issue for years and now it's down to the last two meetings of the year. Council directed staff to review and tweak the ordinance and bring back to Council. Possible approval of findings of fact related to Case No. DEM12012 -30 for the demolition of a single family home located at 604 Fourth Street South and Case No. DEMJ2012 -31216 Willard Street in the RB, Two Family Residential District in compliance with Ordinance No. 1047 of the Stillwater City Code. City Planner Pogge reviewed the history of the demolition requests. On October 2, 2012 the City Council took public testimony on both requests and took a straw vote denying the requests. On October 11, 2012 the church requested that the Council delay final action to discuss the issue with property owners. On November 8 the church held a neighborhood meeting. The church is now requesting the Council reconsider the October 2 straw vote. The Heritage Preservation Commission has denied the demolition permits. Mayor Harycki recalled the discussion about whether the homes were historically significant, and Mr. Pogge indicated that the issue of significance derives from how those properties impact the neighborhood, not necessarily that a significant person lived there. The Council needs to determine whether it should initiate a process that would locally designate these buildings. If this process is initiated, the City has until May 5 to obtain an independent consultant's report supporting the designation. If the consultant finds the buildings aren't significant, the demolition permit would be automatically approved. If the consultant finds the buildings are significant, that triggers a process of review by the Heritage Preservation and Planning Commission, and the Council would have to hold a public hearing to approve the designation. If this process is not completed by May 5 that automatically approves the demolition permit. He presented the three options available to the Council for action. Councilmember Cook pointed out that from what City Planner Pogge has stated, the consultant's determination, not the Council's action, represents the final voice in the matter. City Planner Pogge responded that the independent consultant chosen would have to meet the Secretary of the Interior standards for historic preservation, and would have to consult with the State Historic Preservation Office. Under the current ordinance, the consultant would be hired at City cost. Councilmember Menikheim stated on October 2 he voted against the denial, but has now reconsidered. At the November 8 meeting he heard more information about the mission of the church and the work that had gone into the proposal. He believes it was a mistake to demolish Page 10 of 15 City Council Meeting December 4, 2012 the three homes that were there previously, and denying the completion of that work for the church is to compound those mistakes. Today, there is not the historic character that the neighborhood would have if those other three houses remained. Councilmember Cook stated that she supports the HPC's recommendation and believes taking the remaining homes down compounds the mistakes. She believes the houses have historic significance and wonders about using TIF money to refurbish such houses. Mayor Harycki remarked if tearing down three houses was a mistake, tearing down two more is another mistake. Councilmember Roush stated the Council needs to understand the difference between something that's old and something that has historic significance. He would support having a third party consultant determine if there is significance. Councilmember Polehna stated the church has a right to fulfill its mission and a right to use its property. It's wrong to tell the church they need to keep the houses and fix them up. He feels the demolition sign is an eyesore and has been there too long. If the City wants to deny the demolition it should assist with moving the houses. Motion by Councilmember Cook, seconded by Councilmember Roush, to deny the request and adopt Resolution 2012 -201, adopting findings of fact, conclusions and order related to the denial of a demolition permit (604 Fourth St S) and Resolution 2012 -202, adopting findings of fact, conclusions and order related to the denial of a demolition permit (216 Willard St W). Ayes: Councilmembers Cook, Roush, Mayor Harycki Nays: Councilmembers Menikheim, Polehna Possible approval of 2nd reading of Ordinance 1053, an Ordinance amending Chapter 43 of the City Code "Liquor" City Attorney Magnuson reviewed the amendment. The ordinance defines unlawful conduct more precisely, eliminates previous language about outside crowds, increases the number of incidents to ten in a calendar year, and provides that the Police inform the license holder if more than five citations are written. The Council needs to determine penalties when the license schedule is adopted after the first of the year. Police Chief Gannaway stated there is one establishment in particular that the ordinance is designed for. He would want to see significant penalties, as this is an establishment that the City is having major issues with. Councilmember Cook noted there were many bar owners present at the second meeting on this topic that she attended. Most seemed to believe they are already practicing good standards. Larry Odebrecht, representing the family of Adam McCloud who was killed two months ago in a bar fight, told the Council it has been a great experience working with the City and the ordinance is a good thing because it gives the City some tools to use when an incident gets out of hand. He thanked the Chief and other staff for their support. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to adopt Ordinance 1053, an ordinance amending Chapter 43 of the City Code "Liquor." Page 11 of 15 City Council Meeting December 4, 2012 Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None NEW BUSINESS Update on Event Survey Community Development Director Turnblad reported that next Tuesday, the survey process will begin. Readex, the event consultant, will randomly select 2,000 addresses to receive the survey kit. The kits will be mailed out December 13, follow up letters will be sent to non - responding addresses on January 3, and fielding ends January 24 when data will begin to be analyzed. On February 4, the raw data will be available to the City, and Readex will make a formal presentation to the Council on February 19. Councilmember Cook reminded the Council that they had also discussed giving the public additional opportunities for input. Update on Lift Bridge schedule Public Works Director Sanders stated that at the request of Councilmember Cook, staff was asked to explore changing the current lift bridge schedule. MnDOT has indicated it would not support a change in the lift bridge schedule until after the new river crossing project is completed, and if the City were to pursue a schedule change, MnDOT would require a study on how both boat and vehicle traffic would be impacted by the change in schedule. Councilmember Cook stated she was dismayed that MnDOT was not more helpful to the City in this process. She would like the Council to pursue the issue because the traffic will be here until the new bridge is built. Mayor Harycki stated one factor might be that MnDOT is leaderless right now. Possible approval of No Parking on Northwestern Avenue Public Works Director Sanders informed the Council that he received a request from a business owner for parking restrictions on the east side of Northwestern Avenue from Tower Drive North to Curve Crest Boulevard. There is a hazard for cars coming out of parking lots. Mayor Harycki and Councilmember Polehna stated they have reviewed and looked at the request and don't see a problem there. Motion by Councilmember Roush, seconded by Councilmember Polehna, to deny the request. All in favor. Extension request on Abatement Order - David Paradeau City Administrator Hansen stated that the train owner was notified it needed to be removed by December 1. When it was not moved, City Administrator Hansen issued an abatement order last week because he became aware it was a public safety issue. There is a contractor currently working in town now who can remove the train at a cost savings, but Mr. Paradeau has appealed the abatement. Mr. Paradeau indicated that he doesn't blame the City for trying to get the train removed but it has been very difficult. When the contractor he hired attempted to move the train to Bayport on Page 12 of 15 City Council Meeting December 4, 2012 July 27, a suspension beam cracked, and at the same time the potential buyer of the Minnesota Zephyr Dinner Train defaulted, so the train was not able to be shipped to Oregon. He has called 150 places in an attempt to find a secured area to store the train. He has had several items stolen from the site even including ties and rail. He has contracted a salvager to come in pending notification from the Council, which will be on site December 17 and have the train removed within 35 days. He would like a 35 day extension to the abatement order. He stated" it would be cut and removed but he doubts there would be much noise from the salvaging. Councilmember Menikheim noted that he understands these problems but they are Mr. Paradeau's problems. He asked what happens if the train is not gone in 35 days? Mr. Paradeau responded the company would have been here now but are taking three locomotives apart elsewhere. He is confident they are reliable and it can be done. Councilmember Polehna asked if Mr. Paradeau would be willing to provide a performance bond assuring that the train would be gone in 35 days. Mayor Harycki asked about City liability if the work is being done on City property and someone gets injured. City Attorney Magnuson responded that the City would probably want some insurance coverage. Mr. Paradeau added that the contractor has bonding insurance. He is willing to check with the contractor to see if they can name the City as an additional insured. He reviewed the exorbitant costs involved with each part of the process of moving the train. He wants the City to know it wasn't carelessness that has resulted in the train sitting there. He agreed to contact the contractor tomorrow to check on obtaining a performance bond and proof of insurance. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to hold off on abatement for two weeks and allow until the next Council meeting to satisfy City Administrator Hansen that there has been security provided in the form of a deposit or a bond that will guarantee the removal of the train in 35 days, and adequate liability insurance coverage to protect the City. If the action is not taken within two weeks, the Council will enact the abatement on the Wednesday following the Council meeting. All in favor. Possible approval of first reading of ordinance amending Chapter 33 Building Code City Attorney Magnuson shared that during the staff meetings on the problem property standards, it became evident that three sections had been eliminated from City Code by mistake. This ordinance reinstates these three sections which authorize the building official to revoke a permit and put time limits on how soon they must be used. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to approve the first reading of an ordinance amending Chapter 33 of the Stillwater City Code. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush, Mayor Harycki Nays: None Page 13 of 15 City Council Meeting COUNCIL REQUEST ITEMS December 4, 2012 Councilmember Roush asked what is the next step in the Armory project, and City Attorney Magnuson replied at the next Council meeting, the Council will sign a deed transferring the real estate to the Armory Trust. Community Development Director Turnblad added that at the next Council meeting, the Council will hold second reading for adoption of the two ordinances, and will transfer title. After that, Congress needs to appropriate the funds to implement the Defense Department's plan which could happen as early as the beginning of February. Mayor Harycki asked about the barn on the site, and Community Development Director Turnblad replied the City has been trying unsuccessfully to find a salvage company to take the barn; therefore staff will look at other options. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn the meeting at 10:20 p.m. All in favor. ����'' /, ATTEST: Larry D. Hoisen, Acting City Clerk Resolution 2012 -189, directing payment of bills Resolution 2012 -190, adopting delinquent sewer charges Project No. 0001 Resolution 2012 -191, extending moratorium on Community -Wide Events within the City of Stillwater Resolution 2012 -192, approving health and dental insurance premiums and city contribution effective January 1, 2013 Resolution 2012 -193, approving Certificate of Appreciation to Scott Schell Resolution 2012 -194, adopting delinquent garbage charges Project No. 0002 Resolution 2012 -195, approving Granicus Service Agreement, splitting costs 50150 with the School District as recommended. Resolution 2012 -196, adopting the final budget and the commitment of certain revenue sources for the fiscal year 2013. Resolution 2012 -197, adopting the final tax levy for the year 2013. Resolution 2012 -198, annexing land to the City of Stillwater pursuant to the Joint Resolution of the City and Town of Stillwater as to orderly annexation dated August 16, 1996. Resolution 2012 -199, approving a special use permit for the new Stillwater Municipal Fire Station. Resolution 2012 -200, approving a special use permit for the new National Guard Readiness Center (aka Armory). Resolution 2012 -201, adopting findings of fact, conclusions and order related to the denial of a demolition permit (604 Fourth St S) Page 14 of 15 City Council Meeting December 4, 2012 Resolution 2012 -202, adopting findings of fact, conclusions and order related to the denial of a demolition permit (216 Willard St W) Ordinance 1053, an ordinance amending Chapter 43 of the City Code "Liquor." Page 15 of 15