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HomeMy WebLinkAbout2004-12-07 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-30 December 7, 2004 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Community Development Director Russell Public Works Director Eckles Finance Director Harrison Director of Administration Knauss City Clerk Ward OTHER BUSINESS Discussion on Lumberiack Davs and Audit of Lumberiack Davs Association City Administrator Hansen presented the Lumberjack Days Audit results for council review. Hansen noted that the summary provided council was very limited so that the City could protect private data as per the state data privacy regulations. Hansen noted that Lumberjack Days is made up of two corporations, Lumberjack Days Festival Association Inc., a Minnesota non-profit corporation and St. Croix Events, Inc. a Minnesota Corporation. The results of the audit reveal that for both corporations the festival is a break-even proposition. In the committee review Hansen noted that the committee reviewed 2001-2003 tax returns of Lumberjack Days Festival Association and St. Croix Events; reviewed revenue and expense worksheets and supporting data of LJDFA and SCE; reviewed the Contract and Memorandum of Understanding between LJDFA and SCE to understand lines of responsibility; tracked beer sales to tax return of LJDFA, with verification of beer cases purchased from vendor; tracked sponsorships and grants as reported on SCE tax returns; there were no extraordinary fees or salaries deducted from either LJDFA or SCE and all commission's, expenses or payments to entities or persons seemed fair and reasonable and we had the full cooperation of Mr. Eckberg for all data requested. Council member Rheinberger questioned the validity of the numbers and stated that if a business were operating at a loss, why would they continue. He raised his concern that if they would go bankrupt the City would be liable for the payments due by the association or St. Croix Events. City Attorney Magnuson stated that the City is not obligated to fund any losses of the event. City Council Meeting - 04-30 December 7, 2004 Motion by Council member Milbrandt, seconded by Councilmember Junker to accept the audit report for Lumberjack Days. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Council member Rheinberger Mr. Dave Eckberg, St. Croix Events, reported that two members have been added to the Lumberjack Days Festival Association, Mr. Chuck Dougherty, President of the Greater Stillwater Area Chamber of Commerce and Robert Opheim a Stillwater resident and former Council member and that they would serve three-year terms. He stated that according to the by-laws of the association an advisory board may be established. He suggested that possibly a member of the City Council, Parks Board, Chamber of Commerce, representative of the Historical Society Board, Downtown Historic District, two at-large members, residents of the City, one to be appointed by the Council and the other by the Lumberjack Days Festival Board, a representative of the non-profit entities who benefit from Lumberjack Days, member of the Lumberjack Days Festival Association Board of Directors and a representative of St. Croix Events. Councilmember Kriesel suggested that a senior citizen be appointed to the advisory board. Motion by Council member Kriesel, seconded by Council member Milbrandt approving the establishment of an advisory board for Lumberjack Days with Council representative designated in January, with Chief Dauffenbach to be on this committee and directed that interested applicants contact the City Clerk. All in favor. Mr. Eckberg stated that the Lumberjack Days Festival Association is establishing a committee to approve making offers to music talent. He suggested that this committee consist of two Councilmembers, City Administrator, and the Lumberjack Days Board and that no bookings would be done without approval of the committee. He stated that the spirit of the committee is to reach consensus on the music talent. He explained the process of booking the music. Council member Milbrandt felt that Police Chief Dauffenbach should be a part of the advisory and music committees. Councilmember Rheinberger asked City Attorney Magnuson if he felt it was all right to have two members of Council on this committee. City Attorney Magnuson stated that having Council representation on this committee would allow a liaison between the Council and the committees and felt that it would be appropriate. Motion by Council member Milbrandt, seconded by Council member Kriesel to appoint two Councilmembers along with the City Administrator to the music committee with the Council representatives to be appointed in January. All in favor. Page 2 of 11 City Council Meeting - 04-30 December 7, 2004 Discussion on Armory Reuse Study Community Development Director Russell stated that in 2002 the City of Stillwater applied for and obtained a Met Council Livable Communities Grant to study the feasibility of reuse of the armory for an arts center. He stated that the study reviewed the existing condition of the Armory site and building, community arts activities that may be accommodated, and the cost of such a facility. Mr. Brian Larson, Larson Brenner Architects, reviewed the Stillwater Armory Arts Center Feasibility Study. Council member Rheinberger stated that he is against the proposal for the armory and that it should be torn down and a new state-of-the-art building erected in its place. He felt that the armory is an ugly and obsolete building built in a different era with differing economic philosophy measuring cost benefits. He stated that art centers are initially concept appealing but are economically and historically short lived, and seldom profit. He felt that an investment such as this would be a bad investment for the City. Ms. Jamie Blair, Artreach, stated that many cities use the arts to bring people to their cities to enhance economic development. She explained the lack of galleries, classrooms etc. for the artists. She stated that they are excited about a building for the use of promoting the arts, but use the facility for more than just the arts. Council member Kriesel stated he was impressed and supported the concept, however funding for it is another matter. Councilmember Junker stated that the feasibility study opens up a lot of avenues along with the possible cost estimates. He asked what was the status of the new armory. Community Development Director Russell stated he hasn't heard anything in the last 6 months, but that the purpose of the study is to see if it was feasible for the area and if the building was sound etc. and if it was a good use. Mayor Kimble stated that he and Mr. Hansen have a meeting on Thursday regarding keeping Stillwater on the armory's list. Motion by Council member Milbrandt, seconded by Council member Junker to accept the Armory Reuse Study. All in favor. Discussion on 2005 budqet City Administrator Hansen stated that at the 7:00 p.m. meeting the Truth and Taxation Hearing would be held. He also stated that it he has heard rumors that LGA would be cut in favor of education funding. He stated that the Council would need to adopt resolutions at the next meeting setting the budget and tax rate. He stated that he provided details on the additional personnel, however felt that maybe enough detail was not presented on the need for additional public works personnel. Page 3 of 11 City Council Meeting - 04-30 December 7, 2004 Public Works Director Eckles provided Council with information that stated that Council indicated that more needs to be done to clean up the downtown, there are more parks coming on-line such as Liberty, Legends, Settler's Glen, in addition to Brown's Creek Natural Area, and the Public Works Field, existing and upcoming trails are not fully programmed for maintenance, the number of Public Works employees have remained the same since 1997 even though the infrastructure has grown by over 10% and park acreage has more than doubled. STAFF REPORTS Fire Chief Glaser reported that the quick attack pumper has been delivered and that contributors to the purchase of the quick attack pumper are invited to see the pumper on December 21, 2004 at 6:30 p.m. and invited the Council to attend. Public Works Director Eckles provided an update on the North Hill project. He stated that all but three blocks have been paved and that restoration and the final lift will be completed in the spring. City Attorney Magnuson provided an update on the acquisition of the railroad property between Laurel/Nelson and the possible removal of the track to make more parking spaces. Mayor Kimble recessed the meeting at 6:05 p.m. RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Community Development Director Russell Public Works Director Eckles Finance Director Harrison City Clerk Ward APPROVAL OF MINUTES Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the November 9, 2004 regular and recessed minutes, November 16, 2004 regular meeting minutes and November 30,2004 special meeting minutes. All in favor. Page 4 of 11 City Council Meeting - 04-30 December 7, 2004 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS SiQnaQe Request for North Main - Diane Rollie Ms. Diane Rollie, Executive Director of the Chamber, presented a banner request to help the businesses on North Main. She stated that the purpose of the banners is to let people know that the businesses are open on North Main and requested that the banners be hung until the construction is completed at Stillwater Mills. City Administrator Hansen provided an update on the purchase of the railroad tracks for additional parking on the north end and that Mr. Russell has talked to Stillwater Mills regarding the opening of the sidewalk and the sidewalk will be opened until construction begins on the site again. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt approving the banner request and allowing the banners to be hung until the completion of construction of Stillwater Mills. All in favor. Downtown Banners on liQht poles downtown Ms. Josie Tilsen stated that at the May 4, 2004 meeting Council authorized the expenditure of up to $4,000 for banners downtown. She stated that the HPC has reviewed and approved the design of the banner and the plaque that will be installed on the light pole designating the donor of the banner. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger approving the banners and the installation of plaques for the banners if approved by Xcel Energy. Ms. Diane Rollie stated that four years ago the two chambers merged into one and that the City loaned the Chamber money to get things going. She stated that the Chamber has been paying annual installments to the City and that at their next meeting the Chamber will submit its final payment to the City. OPEN FORUM There were no public comments. CONSENT AGENDA Motion by Council member Rheinberger, seconded by Council member Junker to approve the Consent Agenda. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2004-236, directing payment of bills Resolution 2004-237, Approving 2005 Retainer for City Attorney Resolution 2004-238, Approving 2005 Salary for City Administrator Page 5 of 11 City Council Meeting - 04-30 December 7, 2004 Resolution 2004-239, Approving Life Insurance Rates, Effective January 1, 2005 Resolution 2004-240, approval for payment of easement - North Hill Project Resolution 2004-241, adopting Delinquent Sewer Charges (L.1. No. 00001) Resolution 2004-242, approval of maintenance agreements with Johnson Controls for City Hall and Public Works Request to purchase a 3-year license agreement for Surf Control Web and Email filter- MIS Approval of banner installation - Valley Chamber Chorale - April 8 - May 1, 2005 Resolution 2004-243, Adopting Delinquent Garbage Bill Charges Local Improvement No. 00002 Resolution 2004-244, accepting work and ordering final payment for Industrial Park Lighting Project (Project 2000-13) Resolution 2004-245, Approving Memorandum of Understanding Between the City of Stillwater and Local 517 Council NO.5 of the AFSCME, AFL-CIO PUBLIC HEARINGS Case No. SUP/04-89. This is the date and time for a public hearinQ to consider a request from Nat Shea. Tanek Inc.. representina Hearthside Homes. for a special use permit for a restaurant with outside seatinQ (located at 135 New Enaland Place) in the VC. Villaae Commercial/Planned Unit Development District. Community Development Director Russell stated that the applicant has submitted a letter requesting continuance of the item indefinitely and stated that a letter will be obtained waiving the 50-day rule. Mayor Kimble opened the public hearing. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to continue the public hearing for a special use permit for a restaurant with outside seating (located at 135 New England Place) in the VC, Village Commercial/Planned Unit Development District, subject to receipt of a letter waiving the 50-day rule. All in favor. Mayor Kimble closed the public hearing. Case No. V/04-83. This is the date and time for a public hearina to consider a request from Tony Kirschbaum to construct a sinale family residence on a slope Qreater than 12 percent with a 10 foot front yard setback (20 feet required) on an existinQ lot of 13.500 square feet (20.00 square feet required) located at 2015 Lake Street in the RB. Two Family Residential District. Flood Plain and the Bluffland/Shoreland District. Community Development Director Russell reviewed the request and stated that an email from the DNR requesting additional information be presented. He also stated that if Council does not act on the request they should request a waiver of the 50-day rule. Mayor Kimble opened the public hearing. Mayor Kimble asked Mr. Kirschbaum if he was aware of what the DNR was requesting. Page 5 of 11 City Council Meeting - 04-30 December 7, 2004 Mr. Kirschbaum stated that he was not aware of this information. Mayor Kimble suggested that Mr. Kirschbaum meet with Ms. Shodeen of the DNR and Mr. Russell and that Council would proceed with the next public hearing and continue this hearing after the Truth in Taxation hearing. This is the date and time for a public hearino for Truth in Taxation. Notice was published in the Stillwater Gazette on December 2.2004. City Administrator Hansen provided a presentation on the proposed 2005 budget and its impact on the City of Stillwater property owners. Mayor Kimble opened the public hearing. Mr. Mark Oftedahl, 1024 5th Avenue South, asked for clarification on the two numbers a 3% increase and a tax rate increase of 9%. He stated that his market value increased 15% and that the City tax went up 19%. Mr. Hansen stated that the tax rate increase of 9% figure is the countywide figure and that the 3% was the entire operations budget was increased 3%. He stated that the tax rate as presented would be within pennies of what was done last year, but because home evaluations have gone up residents would see their taxes go up but that the City's tax rate would not change from last year. Hansen stated that Mr. Oftedahl's City tax increase is unusual and would meet with Mr. Oftedahl to look over the tax statement. Mr. Jim Zeller, 317 Main Street, Riverbank Exchange LLC, owner of commercial property where St. Croix Crab House exists stated that the commercial tax increase is even higher than residential and requested that Council consider that as well as residential. Mr. Myron Dowdall, 411 6th Street S, stated that he is retired and that his property value went up 18 percent, retired people cannot afford to keep up with these increases when Social Security does not keep up. He stated that he hopes he will not have to sell his property and strongly opposes any increase. Councilmember Rheinberger suggested that the 2004 mil rate be cut from 51.878 to somewhere between 45.250 and 45.500 or approximately 13.25% cut and felt that the proposed rate is too high. He stated that people's income is not keeping up and felt that in essence slowly pushing residents out of the city. He felt that the loss of LGA is not a valid reason to push uncontrollable spending back to the residents. He stated that the City has to become fiscally responsible and safeguard the existing residents ability to pay taxes and remain in the City, maintain property values and permit the governmental structure to crash for efficiency just as the private sector must do. Mr. Bruce Ehlers, 110 Lakeside Drive, agreed with Councilmember Rheinberger and stated that his went up 17% and that Council should look at living within the increase. Mayor Kimble closed the public hearing. Page 7 of 11 City Council Meeting - 04-30 December 7, 2004 Action on the budget will be taken at the December 21,2004 meeting. Case No. V/04-83. This is the date and time for a public hearinQ to consider a request from Tony Kirschbaum to construct a sinqle family residence on a slope qreater than 12 percent with a 10 foot front yard setback (20 feet reQuired) on an existinq lot of 13.500 square feet (20.00 square feet reQuired) located at 2015 Lake Street in the RB. Two Family Residential District. Flood Plain and the Bluffland/Shoreland District. (Continued) Mayor Kimble asked Mr. Kerschbaum if he had the opportunity to meet with Ms. Shodeen and asked if he would be able to provide the information she has requested. Mr. Kerschbaum stated that he would have to get some additional work done and cannot provide that information at this time. Mayor Kimble asked Mr. Kerschbaum if he was willing to sign a letter waiving the 60- day rule for his request. Mr. Kerschbaum stated that he would sign a waiver. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to continue the public hearing to a future date subject to Mr. Kerschbaum signing a waiver to the 60-day rule. All in favor. UNFINISHED BUSINESS None NEW BUSINESS Possible approval of resolution authorizinq the call of the outstandinq General Obliqation Capital Outlay Bonds. Series 1993c. General Obliqation Capital Outlay Bonds. Series 1997a and General Obliqation Improvement Bonds. Series 1997b Finance Director Harrison requested adoption of a resolution to call outstanding GO Capital Outlay Bonds and GO Improvement bonds. She stated that it would be an approximately $57,000 interest savings to the City. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2004-246, resolution authorizing the call of the outstanding General Obligation Capital Outlay Bonds, Series 12993C, General Obligation Capital Outlay Bonds, Series 1997 A and General Obligation Improvement Bonds, Series 1997B. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Page 8 of 11 City Council Meeting - 04-30 December 7, 2004 Recommendation on Auditor Services Finance Director Harrison reviewed the request for proposals for auditing services for the City and the Board of Water Commissioners for the years 2004, 2005, and 2006. She recommended that the contract be awarded to Larson, Allen Weishair & Company even though MMKR's price was $5,343 lower than Larson. She stated that the difference in price is due to the level of service provided to the Water Board and Mr. McKnight has requested to remain with Larson. She stated that the contract would also include the option to renew for the next three subsequent years. Council member Rheinberger stated that he felt that the contract should be given to MMKR because he felt that a new auditor would look for different items and that there would not be a pattern that has been set by the current auditor. Motion by Council member Kriesel, seconded by Council member Milbrandt to adopt Resolution 2004-247, accepting bid and authorizing execution of agreement between the City of Stillwater and Larson, Allen, Weishair & Company for auditing services for fiscal years 2004, 2005, and 2006. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Council member Rheinberger Possible approval of Liauor License Name Chanae - John's Bar to Whitey's Motion by Council member Rheinberger, seconded by Council member Junker to adopt Resolution 2004-248, approval of name change from DNR Properties, LLC, DBA: John's Bar to DNR Properties, LLC DBA: Whitey's contingent upon approval of Minnesota Liquor Control. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible approval of new tobacco license - Tim's Corner Store Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2004-249, approving a new tobacco license for Tim's Corner Store, Inc., DBA: Tim's Corner Store. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible purchase of land for neiahborhood park addition to Brown's Creek Nature Preserve Community Development Director Russell stated that the City applied for and received a Parks and Open Space Grant through the DNR to assist in the purchase of the Munkelwitz property. He stated that an appraisal was obtained and the City would purchase the entire site and sell off the house and a vacant lot with the sale of that property. The grant and the cost of the site to the City would be $260,000 and would become part of the Brown's Creek Nature Preserve. Page 9 of 11 City Council Meeting - 04-30 December 7, 2004 Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2004-250, authorizing staff to proceed with the final purchase of property for Neighborhood Park and addition to Brown's Creek Natural Area. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible first readina of Ordinance amendina City Code relatina to Doas and Animals City Attorney Magnuson stated that this ordinance will state that the Council will set fees from time to time by resolution rather than stating fees for dog and kennel licenses. Motion by Council member Rheinberger, seconded by Council member Junker to approve the first reading of an Ordinance amending the City Code relating to Dogs and Animals. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible authorization for RFP for fire service delivery study Fire Chief Glaser requested that the City Council approve the advertisement of a request for proposal or to conduct a detailed analysis of the fire station location, service delivery models and staffing needs based on a comprehensive risk and vulnerability assessment. He also requested that once the RFP are received that a Council member be chosen to participate throughout the process and that monies from the 2004 budget be transferred to the 2005 budget. Council member Milbrandt asked that the study include the entire service area and the possibility of other stakeholders. Motion by Council member Milbrandt, seconded by Councilmember Junker authorizing an RFP for consultation services for an analysis of fire service delivery with the addition of the entire service area and other stakeholders. All in favor. COUNCIL REQUEST ITEMS Councilmember Kriesel reminded the public about picking up after dogs in the park. Council member Milbrandt asked Public Works Director Eckles to remove some downed trees in McKusick Ravine. Mayor Kimble informed the public of the Christmas Party with Santa at Valley Access Channels on December 11, 2004 from 1-3 p.m. Page 1 0 of 11 City Council Meeting - 04-30 December 7, 2004 ADJOURNMENT Motion by Council member Rheinberger, seconded by Council member Milbrandt to adjourn at 8:35 p.m. ATTEST: hL~ ~ U--bAd -' Diane F. Ward, City Clerk Resolution 2004-236, directing payment of bills Resolution 2004-237, Approving 2005 Retainer for City Attorney Resolution 2004-238, Approving 2005 Salary for City Administrator Resolution 2004-239, Approving Life Insurance Rates, Effective January 1, 2005 Resolution 2004-240, approval for payment of easement - North Hill Project Resolution 2004-241, adopting Delinquent Sewer Charges (L.1. No. 00001) Resolution 2004-242, approval of maintenance agreements with Johnson Controls for City Hall and Public Works Resolution 2004-243, Adopting Delinquent Garbage Bill Charges Local Improvement No. 00002 Resolution 2004-244, accepting work and ordering final payment for Industrial Park Lighting Project (Project 2000-13) Resolution 2004-245, Approving Memorandum of Understanding Between the City of Stillwater and Local 517 Council No.5 of the AFSCME, AFL-CIO Resolution 2004-246, resolution authorizing the call of the outstanding General Obligation Capital Outlay Bonds, Series 12993C, General Obligation Capital Outlay Bonds, Series 1997 A and General Obligation Improvement Bonds, Series 1997B Resolution 2004-247, accepting bid and authorizing execution of agreement between the City of Stillwater and Larson, Allen, Weishair & Company for auditing services for fiscal years 2004, 2005, and 2006 Resolution 2004-248, approval of name change from DNR Properties, LLC, DBA: John's Bar to DNR Properties, LLC DBA: Whitey's Resolution 2004-249, approving a new tobacco license for Tim's Corner Store, Inc., DBA: Tim's Corner Store. Resolution 2004-250, authorizing staff to proceed with final purchase of property for Neighborhood Park and addition to Brown's Creek Natural Area. Page 11 of 11