HomeMy WebLinkAbout2005-01-18 CC MIN
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 05-03
January 18,2005
REGULAR MEETING
7:00 P.M.
Mayor Kimble called the meeting to order at 7:00 p.m.
Present: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble
Others Present:
City Administrator Hansen
City Attorney Magnuson
Police Chief Dauffenbach
Fire Chief Glaser
Public Works Director Eckles
Finance Director Harrison
Director of Administration Knauss
City Clerk Ward
APPROVAL OF MINUTES
Motion by Councilmember Milbrandt, seconded by Councilmember Junker to approve the
January 4, 2005 City Council regular meeting minutes and January 11 & 12, 2005 special
meeting minutes with the revised page 1. All in favor.
OTHER BUSINESS
Certification of City Council election results of January 12, 2005.
Mayor Kimble noted that the Council had interviewed candidates to fill the position
vacated by Gary Kriesel on Jan. 11 and Jan. 12. He stated the Council had a difficult
decision, as there was a great slate of candidates. The Council was in agreement,
however, that Mike Polehna was the best candidate.
Motion by Councilmember Junker, seconded by Councilmember Harycki to certify the election
results of January 12, 2005. All in favor.
OATH OF OFFICE FOR APPOINTED MEMBER OF COUNCIL
City Clerk Ward administered the Oath of Office to Mr. Mike Polehna - Ward 4.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Mayor Kimble welcomed students from Ms. Ferguson's class at Stillwater Area High
School who were in attendance.
City Council Meeting - 05-03
January 18, 2005
Nature Valley Grand Prix - Minnesota Bike Races
Tim Romels, representing race organizers, was in attendance. He thanked the city of
Stillwater for helping host this event in the past and asked if there were any questions or
concerns.
Mayor Kimble asked Police Chief Dauffenbach if he had any concerns. Chief
Dauffenbach stated that last year organizers made some improvements to correct past
traffic problems. He stated race organizers are good to work with and recommended
approval of the June 12 race.
Mr. Romels said this year's race would be over a slightly shorter venue. He explained
the procedures for notifying residents impacted by street closures. Mr. Junker stated
race organizers have done a good job in working with and notifying neighbors and
called the race a great event for the city of Stillwater.
Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to approve the
June 12 Nature Valley Grand Prix and directed staff to continue working with race organizers
in coordinating the event. All in favor.
OPEN FORUM
No one was present from the public.
STAFF REPORTS
Public Works Director Klayton Eckles reviewed the Public Works and Engineering
Department's annual report, which was included in the packet. Mr. Eckles stated the
intent was to provide a report that was useful to the general public and to new Council
members. The report provides information on the main duties of each division; any
significant changes, such as increases in the size of the infrastructure; goals and
objectives and how far the department got in meeting goals and objectives.
Mr. Eckles highlighted some of the financial comparisons. The department's percentage
of the City's overall budget has been decreasing, something that may have implications
overtime. The department's overall budget has been growing at a compound growth
rate of 5.5 percent a year while the Consumer Price Index has risen at a rate of 2.8
percent during the same time period, indicating there is some real budget growth. Mr.
Eckles noted the department's assets have grown as well. The question, he said, is
whether the department's budget capacity is keeping pace with the growth community.
Mr. Eckles also reviewed personnel levels from 1993-04. He noted that since 1997
there has been virtually no change in full-time staff, and the number of part-time staff
has been declining since 2000. Miles of streets per employee has risen from nine in
1993 to 11 currently, a number that impacts plowing and street maintenance. There was
a big increase in the number of acres of parks/open space per employee from 1999 to
2000, he said, due to the new Liberty, Legends, Brown's Creek and Aiple areas, as well
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City Council Meeting - 05-03 January 18, 2005
as some bookkeeping changes. Currently there are about 80 acres of open space per
employee, a figure that has implications as park improvements are made adding to the
demand for parks.
The engineering division of the department currently has six full-time employees, a
significant growth from the late 1990s. At the same time, the City has cut back on its
use of outside consultants and done more work in-house. In 2004, the engineering
division had $600,060 worth of billable hours, compared to its budget of $338,000.
Administrator Hansen commended Mr. Eckles on the quality of the report, as did
Councilmember Junker.
Council member Milbrandt requested that the section relating to the parks division be
provided to the Park and Recreation Board.
CONSENT AGENDA
Resolution 2005-12, directing payment of bills
Resolution 2005-13, Approving the Agreement between the City of Stillwater and Law
Enforcement Labor Services, Inc. (Local No. 257) representing Stillwater Patrol Officers
Resolution 2005-14, Approving salary schedule for seasonal parking lot attendants
Approval of Special Event - American Diabetes Annual Walk - Oct. 1,2005
Approval of Special Event - Kid's Ski Race - Jan. 29, 2005 (Brown's Creek trails)
Approval of Special Event - Hope House 10th annual fundraiser - May 7,2005
Approval of Banner Installation - Fall Art Fair - Greater Stillwater Area Chamber of
Commerce - Sept. 16-0ct. 3, 2005
Approval of rollover of funds from 2005 to 2005 - MIS
Approval of utility bill adjustments - Sewer charges
Approval of transfer of special assessment balances
Approval of placement of Stillwater Bridal Affair sign - Washington County Historic
Courthouse
Resolution 2005-15, acquisition of tax forfeited land
Resolution 2005-16, approving amendments to Section 125 plan (flexible spending
plan)
Councilmember Polehna asked if item No. 11 should be pulled from the Consent
Agenda due to a possible conflict of interest, as he is the Historic Courthouse
supervisor. City Attorney Magnuson agreed that would be appropriate.
Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to approve the
Consent Agenda, deleting Item No. 11.
Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble
Nays: None
Motion by Council member Milbrandt, seconded by Council member Harycki to approve the
placement of Stillwater Bridal Affair sign - Washington County Historic Courthouse.
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City Council Meeting - 05-03
Ayes: Councilmembers Milbrandt, Harycki, Junker and Mayor Kimble
January 18, 2005
Nays: None
Abstain: Councilmember Polehna
PUBLIC HEARINGS
There were no public hearings
UNFINISHED BUSINESS
Possible second readinq of Ordinance relatinq to Zoninq Text Amendment chanqinq the
requlation of nonconformities (land use and buildinqs) allowinq continuance of such
nonconformities in certain situations consistent with Minnesota Statues.
City Attorney Magnuson noted the Zoning Text Amendment puts the City's Ordinance in
compliance with recent changes in State Statute. He noted the Amendment gives
further rights to owners of nonconforming properties, allowing them up to one year to
rebuild a structure destroyed by fire. The one exception, he said, is those portions of the
City in the Flood Plain/Shoreland Overlay District of the St. Croix National Scenic
Riverway, which are subject to Riverway regulations rather than City Ordinance.
Motion by Councilmember Junker, seconded by Council member Milbrandt, to adopt
Ordinance No. 952, an ordinance amending Chapter 31 of the City Code, Zoning 31-1, Subd.
9, Nonconforming uses.
Ayes: Council members Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Update on RFP process for fire service delivery study
Fire Chief Glaser noted the Council had approved the service delivery study on Dec. 7.
The time for submitting RFPs closed Jan. 15. Six firms submitted proposals. The next
step in the process, he said, is to review the written proposals and then interview a short
list of candidates and decide on how to proceed. He said he would like a committee of
five, including himself, City Administrator Hansen, the Deputy Fire Chief and Part-time,
On-Call Assistant Chief and one Councilperson to serve on the review committee.
Council member Junker volunteered to be the Council representative.
Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to move forward
with the review process and appoint Council member Junker as the Council representative on
the review committee. All in favor.
NEW BUSINESS
Possible approval of service contract for Ankeny Kell relatinq to National Guard Armory
Community Development Director Russell told the Council that last week he and Mayor
Kimble met with National Guard representatives. He noted that since 9/11 there have
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City Council Meeting - 05-03 January 18, 2005
been additional design criteria for siting new Armory facilities, especially criteria relating
to setback, which have implications for the City's proposed Armory facility near the
Recreation Center. Mr. Russell said he would like to enlist the services of Ankeny Kell,
the firm that did the original Recreation Center/Armory study, to update the plan and
look at how to fit an Armory on the City's identified site. Mr. Russell said he had talked
with Duane Kell and would have a proposed scope and cost of the work available for
the Council's next meeting. In the interim, he said he would like consensus from the
Council to begin working with the architect.
Council member Junker noted the original design plan dates to 1997 and asked whether
possible upgrades/changes to the plan itself would be part of the work. Mr. Russell
agreed that should be done and suggested a group of community representatives
should be consulted as to upgrades, noting that the Guard has changed its plans too. It
was noted that former Council member Kriesel had been serving on the Community
Center Task Force and Councilmember Polehna also has been serving on that Task
Force. It was the consensus it would be appropriate to appoint Council member
Polehna to fill Mr. Kriesel's position as City representative on the Community Center
Task Force.
Mr. Russell said the initial work by Ankeny Kell would be to look at the revised site
criteria and how to accommodate an Armory facility on the City's site.
Council member Harycki noted that the local firm of Stefan Larson was involved in the
original design plan and asked if there was any reason not to use a local firm.
Mr. Russell said he was proposing Ankeny Kell because of that firm's experience and
history with the project. Mayor Kimble also spoke of Ankeny Kell's expertise with
National Guard training centers and its familiarity with Guard rules and regulations.
Councilmember Harycki asked whether RFPs are solicited for such work or if the City
just appoints a firm. Mr. Russell said that depends on the project - RFPs generally are
solicited for major projects.
Council member Milbrandt, seconded by Council member Junker, moved to adopt Resolution
No. 2005-17. approval of service contract with Ankeny Kell relating to the National Guard
Armory at a cost not to exceed $5,000 and appointing Councilmember Polehna to replace
Gary Kriesel on the Community Center Task Force.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Request for consideration of development in Boutwell South Area by Manchester Homes
Mayor Kimble said the applicants had requested delaying consideration of their request
until the Council's February 15 meeting.
Motion by Council member Junker, seconded by Councilmember Polehna, to continue this
request until the February 15, 2005, meeting. All in favor.
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City Council Meeting - 05-03
January 18, 2005
Possible acceptance of feasibility report for 2005 Street Improvement Project and callinq for
hearinq
Assistant City Engineer Sanders reviewed the proposed 2005 street improvements. He
stated in the past year, staff rated all streets in the City; those ratings will be used as a
guide for the next three years in selected reconstruction projects. He stated that the
worst rated streets are primarily in the South Hill area going east to Greeley. Proposed
for reconstruction in 2005 are Hancock between Third and South Holcombe; Marsh
from Third to Sixth; Fifth from Churchill to Orleans; and Deer Path and Deer Path Court.
Mr. Sanders said Deerpath was initially done in 1981 to an Urban Section. Originally, he
said, the street was used for local traffic only, but overtime has become an access route
and has deteriorated significantly. The proposal is to remove the existing blacktop,
gravel, and reconstruct the street with 4" of blacktop, 8" of gravel and 1" of sand. He
said the street would not be fully reconstructed; the existing curb will remain.
Council member Milbrandt asked if there had been any assessments since 1981; Mr.
Sanders stated there had been none.
Mr. Sanders said it is unknown when the last improvements were made to Marsh,
Hancock and Fifth other than rehabilitation to the blacktop in the early 1970s. The
streets have no curb and gutter and vary in width from 24' to 36'. There is some
sidewalk, which is in very poor condition, he said. Also, there are some galvanized
water services in the project area, which will be replaced. He said property owners are
given the option of replacing water service prior to construction as the City will replace
the line only from the water main to the property line, and sometimes property owners
want to replace the entire service from the house to the water main. He stated that the
total cost of the projects is $994,000 and that property owners would be assessed 50
percent for the street reconstruction, 100 percent for water service replacement. He
noted that the Deerpath estimated assessments are $3,575, with corner lots $1,787. For
the remainder of the project areas, the street assessment would be $5,892 for a
standard lot and $2,946 per side for corner lots. The School District would be assessed
$64/foot for its property on Hancock. Assessments for water service replacement would
be $2,072 per lot.
Mr. Sanders said it is proposed to hold a public hearing next month, then develop plans
and specs, solicit bids in March and award bids April 1. Construction would take place
over the summer, with the assessment hearing to take place in September.
Councilmember Milbrandt noted the City's goal of expending $1.2 million annually for
street reconstruction. He asked if there were any other candidates for reconstruction
should the City receive good bids and have some extra funds. Mr. Sanders suggested a
possible candidate would be one or two blocks on North Owens between Olive and
Greeley.
Public Works Director Eckles stated the City's goal is to spend $1.1 million annually for
reconstruction. He suggested that if the Council wants to possibly include additional
work, it should indicate that at this time, prior to the public hearing. Attorney Magnuson
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City Council Meeting - 05-03 January 18, 2005
agreed that would be wise as once bid, the City would be limited to 25 percent of the
total contract for add-ons.
Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to adopt
Resolution 2005-218, resolution receiving report and calling hearing on 2005 Street
Improvement Project (Project 2005-02) and setting the public hearing for 7 p.m. February 15,
2005.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Councilmember Milbrandt asked Clerk Ward to include the street-rating map on the
City's web site.
Discussion of Interlachen West to Northland Avenue
Councilmember Milbrandt said he raised this issue for two reasons - the condition of
the road from Northland to Mid Oaks and the increasing cut-through traffic on the
remainder of the road into Rutherford in the Liberty development.
Councilmember Milbrandt said school buses need to pick up several children with
special needs at Interlachen/Mid Oaks. He said he has been told that children actually
have to be held because of the condition of the road and requested that the Council
consider paving that 400-250 feet of Interlachen between Northland and Mid Oaks. He
also asked consideration be given to implementing a nine-month trial period in which
Interlachen/72nd from Mid Oaks to Rutherford Road be designated one-way for
eastbound traffic only. Mayor Kimble said he could support both paving the road from
Northland to Mid Oaks and the nine-month trial proposal.
Public Works Director Eckles said there has been previous discussion about the cut-
through traffic. He said there are some possible solutions that will have other
repercussions. He said he could present a background report for the Council's next
meeting. Councilmember Junker asked if recent traffic counts were available. Mr.
Eckles said it might not be possible to get those in time for the next meeting but agreed
those counts should be updated.
Possible appointments to Library Board
Mayor Kimble noted the Library Board had recommended Julia Sandstrom for
appointment. Councilmember Milbrandt said he had worked with Ms. Sandstrom
previously and she would make a good appointee.
Motion by Councilmember Milbrandt, seconded by Council member Junker to adopt
Resolution 2005-19, appointing Julia Sandstrom to the Library Board.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Page 7 of 11
City Council Meeting - 05-03
Possible appointments to Parks Board
January 18, 2005
Mayor Kimble stated that there are two openings on the Parks Board and two
applicants, David Brandt and Catherine Sewilo.
Motion by Councilmember Polehna, seconded by Council member Harycki, to adopt
Resolution 2005-20, appointing David Brandt and Catherine Sewilo to the Parks Board.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Possible appointments to Human Riqhts Commission
Mayor Kimble noted that current Commission Chair Anthony Carr has requested
reappointment, as did Ellie Samuelson; Ms. Samuelson requested appointment to a
one-year term.
Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to appoint Anthony
Carr to a two-year term to the Human Rights Commission.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to appoint Ellie
Samuelson to a one-year term on the Human Rights Commission.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
It was noted the Council needs to appoint a total of seven members. Mr. Ken Moses
has not officially resigned however he has indicated that he has resigned in a
newspaper article. Councilmember Junker suggested proceeding as if Mr. Moses does
not want to continue his membership. Mayor Kimble noted that Mr. Carr made some
recommendations for appointment and that Councilmember Milbrandt had interviewed
some of the candidates. The five candidates recommended by Mr. Carr and Mr.
Milbrandt include Jane Taves, Gary Campbell, Wally Goettle, Louise Jones and Jo
Harrison.
Motion by Councilmember Polehna, seconded by Councilmember Harycki, appointing Jane
Taves to a two-year term, Gary Campbell to a one-year term, Wally Goettle to a one-year term,
Louise Jones to a two-year term, and Jo Harrison to a one-year term on the Human Rights
Commission and adopting Resolution 2005-21, appointing members to the Human Rights
Commission.
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City Council Meeting - 05-03
January 18, 2005
Ayes: Council members Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Possible approval of recommendations for General Obliqation Capital Outlay Bonds. Series
2005A, General Obliqation Capital Outlay Refundinq Bonds, Series 2005B, General Obliqation
Sports Center Refundinq Bonds, Series 2005C (Resolution #2005-22. 2005-23. 2005-24)
Finance Director Sharon Harrison explained that the $1.48 million in General Obligation
Bonds will be used to finance the purchase of capital outlay items approved in the 2005
budget. The refunding of the Capital Outlay bonds, used to finance the 1996 City Hall
remodeling project, will result in an estimated savings of $279,000. The refunding of the
Revenue Bonds for the Recreation Center will result in an estimated savings of
$109,000. Total estimated savings is $388,000, with a potential for additional savings
depending on rates. Administrator Hansen said it is being recommended that the sale
be held at the Council's February 15 meeting.
Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to adopt
Resolution 2005-22, resolution providing for the competitive negotiated sale of $1 ,480,000
General Obligation Capital Outlay Bonds, Series 2005A.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Motion by Council member Polehna, seconded by Councilmember Junker, to adopt Resolution
2005-23, resolution providing for the competitive negotiated sale of $3,180,000 General
Obligation Capital Outlay Refunding Bonds, Series 2005B.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Motion by Council member Harycki, seconded by Councilmember Polehna, to adopt
Resolution 2005-24, resolution providing for the competitive negotiated sale of $2,715,000
General Obligation Sports Center Refunding Bonds, Series 2005C.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Mayor Kimble congratulated staff on doing a good job in saving taxpayer dollars.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued)
None
COMMUNICA TIONS/REQUESTS
None
Page 9 of 11
City Council Meeting - 05-03
January 18, 2005
COUNCIL REQUEST ITEMS
Council member Milbrandt asked that the City consider moving the Farmer's Market to
the lower River View parking lot due to concerns about its current co-location with the
Veterans Memorial. He said he thought both uses could be accommodated if the Market
is moved to the lower level in the future. Councilmember Junker said he though that
would be a good idea in order to show due respect to the Memorial pavers.
Motion by Council member Milbrandt, seconded by Council member Harycki to move the
Farmer's Market to the lower River View parking lot in the future. All in favor.
Councilmember Polehna raised the issue of providing a portable toilet for the Market,
noting that people have been walking through the Courthouse interrupting private
events such as weddings in order to use the restrooms. Administrator Hansen asked
whether the City or the Market organizers should be required to provide the toilets.
Community Development Director Russell noted that the Farmer's Market people
appear before the Council on an annual basis. It was the consensus to raise that issue
when the Market's permit request is reviewed.
Councilmember Junker updated the Council regarding a renewed interested in a City
lodging tax and told the Council to expect that issue to come before it in the very near
future.
STAFF REPORTS (continued)
None. Administrator Hansen reminded the Council it was adjourning to executive
session.
ADJOURNMENT to Executive Session requested by City Attorney for Litigation Issues
Motion by Council member Junker, seconded by Councilmember Milbrandt, to adjourn to
executive session at 8:26 p.m. All in favor.
cfi~
ATTEST:
I12icvu d uJ~
Diane F. Ward, City Clerk
Resolution 2005-12, directing payment of bills
Resolution 2005-13, Approving the Agreement between the City of Stillwater and Law
Enforcement Labor Services, Inc. (Local No. 257) representing Stillwater Patrol Officers
Resolution 2005-14, Approving salary schedule for seasonal parking lot attendants
Resolution 2005-15, acquisition of tax forfeited land
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City Council Meeting - 05-03 January 18, 2005
Resolution 2005-16, approving amendments to Section 125 plan (flexible spending
plan)
Resolution 2005-17, approval of service contract with Ankeny Kell relating to the
National Guard Armory at a cost not to exceed $5,000
Resolution 2005-218, resolution receiving report and calling hearing on 2005 Street
Improvement Project (Project 2005-02)
Resolution 2005-19, appointing Julia Sandstrom to the Library Board.
Resolution 2005-20, appointing David Brandt and Catherine Sewilo to the Parks Board.
Resolution 2005-21, appointing members to the Human Rights Commission.
Resolution 2005-22, resolution providing for the competitive negotiated sale of
$1,480,000 General Obligation Capital Outlay Bonds, Series 2005A.
Resolution 2005-23, resolution providing for the competitive negotiated sale of
$3,180,000 General Obligation Capital Outlay Refunding Bonds, Series 2005B.
Resolution 2005-24, resolution providing for the competitive negotiated sale of
$2,715,000 General Obligation Sports Center Refunding Bonds, Series 2005C.
Ordinance No. 952, an ordinance amending Chapter 31 of the City Code, Zoning 31-1,
Subd. 9, Noncorforming uses.
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