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HomeMy WebLinkAbout2005-12-20 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 05-26 December 20, 2005 REGULAR MEETING Mayor Kimble called the meeting to order at 7 p.m. 7:00 P.M. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson City Clerk Ward Community Development Director Russell Director of Administration Knauss Finance Director Harrison Fire Chief Glaser Police Chief Dauffenbach Public Works Director Eckles APPROVAL OF MINUTES Motion by Councilmember Junker, seconded by Councilmember Milbrandt to approve the December 6, 2005 regular and recess minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Colleen Danford Director of Lucy Wenton Bell Athletic Fields Colleen Danford, Director of the Lucy Winton Bell Athletic Fields, appeared before the Council. She expressed appreciation for the City's past support. She said there have been ongoing improvements to the complex thanks to such support. Last year, some 1,500 games were played at the fields, with about 70,000 visitors attending, as well as camps, clinics and tournaments. There was some discussion about a planned new soccer building. Councilmembers commended Ms. Danford on the improvements made to the complex. Certificate of Appreciation -John Buckley Motion by Councilmember Junker, seconded by Councilmember Harycki to adopt Resolution 2005-279, Certificate of Appreciation for John Buckley; All in favor. Mayor Kimble read the certificate of appreciation commending John Buckley for his service to the City of Stillwater. OPEN FORUM There were no public comments. STAFF REPORTS Police Chief Dauffenbach reported that the Police Department continues to enforce the odd/even winter parking ordinance. He noted that occasionally temporary parking restrictions are in place and enforced in the downtown area for snow removal. Community Development Director Russell reported that the Joint Board was scheduled to meet Dec. 22 regarding the Liberty West development. Public Works Director Eckles explained items related to budget carry-overs for capital improvements in the sewer, parks and streets departments. He also updated the Council on the recent snowfall and said few complaints had been received; all the major roads were open and kept in good condition during the length of the snowfall. Finance Director Harrison reported that for the 16t" consecutive year, the City's financial statement (2004) has received the Government Finance Officers Association Certificate for Excellence in Financial Reporting. She expressed her appreciation to the Council, staff and auditors for their assistance. Ms. Harrison also reported that the League of Minnesota Cities' Insurance Trust-Property Casualty program is returning $12 million to member cities; Stillwater's share amounts to $56,000. City Administrator Hansen reported that Community Development Director Russell formally submitted his resignation, effective Jan. 11, 2006. He noted that along with the resignation of Planner Fitzgerald and Building Inspector Buckley, the Planning Department will be short three people. He asked that the Council appoint two members to serve on a Personnel Committee working on the replacement process. He also asked for approval to begin the advertisement process and the authorization to hire an interim consultant to serve until a replacement for Mr. Russell can be hired and begin work. Councilmember Milbrandt and Councilmember Junker volunteered to serve on the Personnel Committee. Motion by Councilmember Polehna, seconded by Councilmember Harycki to appoint Councilmembers Milbrandt and Junker to serve on the Personnel Committee. All in favor. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to begin the advertisement for a Community Development Director immediately. All in favor. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, moved to authorize the hiring of an interim consultant, giving City Administrator Hansen the flexibility to determine the number of hours to retain the consultant's services. All in favor. Page 2 of 11 Mayor Kimble expressed his appreciation to Mr. Russell for his years of service to the City and wished him well in his new position. CONSENT AGENDA* Motion by Councilmember Junker, seconded by Councilmember Harycki to approve the Consent Agenda. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None 1. Resolution 2005-270, directing payment of bills 2. Resolution 2005-271, renewal of Towing License for 2006 3. Possible approval to carry over Capital Outlay Items -Public Works 4. Possible approval to carry over Capital Outlay Items -Fire Department 5. Possible approval to carry over Capital Outlay Items -MIS 6. Possible approval to carry over Capital Outlay Items -Elections 7. Resolution 2005-272, possible approval of Pay Rates for Part-time Fire personnel 8. Resolution 2005-273, possible approval of Elected Official Out of State Travel Policy 9. Possible approval to early release of 2006 capital funds -Library 10. Resolution 2005-274, fees for services/publications - 2006 11. Resolution 2005-275, approval of maintenance contract with Stillwater Ford 12. Possible approval to purchase ten computer training coupons with the Science Museum of Minnesota 13. Resolution 2005-276, establishing a monthly rate schedule for the collection of solid waste and recycling effective January 1, 2006 -December 31, 2010 14. Resolution 2005-277, approving a Sunday liquor license for C & G Sukopp, LLC., DBA Murasaki 15. Possible approval to carry over Capital Outlay Items -Police Department 16. Resolution 2005-278, approval of agreement for Medicare Drug Subsidy PUBLIC HEARINGS This is the date and time for a public hearing to consider the transfer of an On-sale and Sunday Liquor License for Stone's Restaurant LLC DBA: Stone's Restaurant located at 324 South Main Street applicant Michael Stone Mayor Kimble noted approval would be contingent on review/approval by Police, Fire, Finance, Building departments and Minnesota Liquor Control. Mayor Kimble opened the public hearing. Michael Stone, owner, briefly reviewed his plans for the new restaurant and said he looked forward to opening around March 1. The hearing was closed. Page 3 of 11 Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2005-280, approving an on-sale and Sunday liquor license for Stone's Restaurant, LLC, DBA: Stone's Restaurant, as conditioned. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Case No V/05-64. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a request from Lisa Ann Clark for a variance to the Duplex Residential Zoning Regulations for a commercial use therapeutic healing retail sales home business located 104 North Owens Street in the RB Two Family Residential District. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 9, 2005. Community Development Director Russell noted this item had been before the Planning Commission on Nov. 14, 2005. The request requires a variance to the RB Duplex Residential use. The applicant was not present due to illness and asked that the request be continued, he said. However, given the fact that people were present to speak to the request, Mr. Russell suggested that the hearing be held and the request continued until the next Council meeting. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to open the hearing and continue the matter to the next meeting. All in favor. Mayor Kimble opened the public hearing. Ted Gillen, 1011 W. Myrtle St., spoke in opposition to the request, citing the additional traffic the use might generate and impact on property values. He noted the building has always been asingle-family dwelling, never a duplex. There was a discussion about the history of Len's Food. AI Roettger, who resides at the southeast corner of Myrtle and Owen, agreed with Mr. Gillen and said he also was opposed to another commercial use in the neighborhood. The hearing was closed, and the matter continued to the next Council meeting. UNFINISHED BUSINESS Request from Board of Water Commissioners for future well site Public Works Director Eckles noted that the Water Board has determined at least one more well will be needed to accommodate future growth and possibly another well to replace Well No. 1, an artesian well. The Water Board cannot own property; the City must acquire/own any property for the Water Board. Mr. Eckles said a possible location has been identified in the Liberty West development. Page 4 of 11 Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to have staff work with the Liberty West developers toward a possible location of a new well. All in favor. NEW BUSINESS Lilt/ Lake Water Quality Update Public Works Director Eckles provided an update on projects designed to improve the water quality of Lily Lake. What remains are the projects on the southern end of the lake, he said. He also said there is some urgency to do something with the Trotter Court/Driving Park ravine where erosion is occurring. He asked for direction on how to proceed with the remaining projects. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2005-281, ordering the preparation of feasibility report for Trotter Court Ravine Project and do the remaining projects in conjunction with upcoming street projects. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Councilmember Junker asked about Brick Pond and whether it should be looked at again in this summer's Everett Street improvements; Mr. Eckles said that could be done. Mr. Eckles said there is a possibility of some funding assistance from the Washington Conservation District for the Trotters Court ravine project. Possible appointments to Boards/Commissions (Resolution) City Clerk Ward noted the Joint Cable Commission needs a primary and alternate representative. Councilmember Harycki is the primary representative. She said the opening for an alternate for this commission will need to be readvertised. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to reappoint Roger Tomten and Larry Nelson to the Heritage Preservation Commission. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Harycki, seconded by Councilmember Polehna to reappoint Ellie Samuelson, Wally Goettl and appoint J. Neil Tift, and Marcia Nelson to the Human Rights Commission. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to reappoint Mary Lou Rice, Andrea Tipple, and Mary Weber to the Library Board. Page 5 of 11 Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to reappoint Paul Donna, Linda Amerein and Sandy Snellman to the Park Board. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmembers Junker, seconded by Councilmember Polehna to reappoint David Middleton and David Peroceschi and appoint Brad Meinke, to the Planning Commission. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Polehna, seconded by Councilmember Harycki to reappoint Jocelyn Tilsen and appoint Jim Martin to the Downtown Parking Commission. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Councilmembers expressed appreciation to all the applicants and urged those not appointed at this time to continue to reapply for future openings; applications will be kept on file. Possible designation of Council representation to boards/commissions Mayor Kimble noted in the past Councilmember Junker has served on the Planning Commission, Councilmember Milbrandt on the Parks Board and himself on the Human Rights Commission. Mayor Kimble said at this time he did not feel a Council representative was needed for the Human Rights Commission, and said he did not wish to continue in that capacity. Motion by Councilmember Harycki, seconded by Councilmember Polehna to reappoint Councilmember Junker to the Planning Commission and Councilmember Milbrandt to the Parks Board. Councilmember Harycki asked about Council representation on the Heritage Preservation Commission; Community Development Director Russell agreed that would be a good appointment. The motion was amended to include appointment of Councilmember Harycki to the Heritage Preservation Commission. Page 6 of 11 Councilmember Milbrandt asked if Councilmember Polehna would be willing to serve on the Human Rights Commission; Mr. Polehna agreed to do so. The motion was further amended to include Mr. Polehna's appointment to the Human Rights Commission. Roll call vote was taken on the amended motion. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible appointment to Charter Commission City Administrator Hansen said he had received a letter from Judge Schurrer stating that it was the City's prerogative to make an appointment. Mr. Hansen said he was not aware of any applicants. Mayor Kimble suggested advertising the vacancy. Motion by Councilmember Polehna, seconded by Councilmember Harycki to advertise the opening on the Charter Commission. All in favor. Possible appointment/reappointment to Middle St. Croix River WMO City Administrator Hansen noted Ron Nelson, the current representative, is willing to continue serving. However, Mr. Hansen said there also is a need for appointment of an alternate representative. Councilmember Junker volunteered to serve as the alternate. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2005-283, appointments to Middle St. Croix River WMO. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible adoption of resolutions for 2006 Budget & Tax Levy and Library Fund Operating Transfer Finance Director Harrison explained that the Council needed to address the $21,000 in County funding for the library before adopting the budget. Councilmember Milbrandt noted that former Councilmember Kriesel had worked hard to obtain the County commitment for funding and suggested that the money be used to decrease the 2006 tax levy rather than put in either the City's general fund or the Library fund. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to remove the $21,000 from the City's and Library's budget and amend the 2006 levy to reflect that (option 2). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Page 7 of 11 Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2005-284, adopting the Final Budget for the Year 2006 reflecting Option 2. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Junker, seconded by Councilmember Polehna to adopt Resolution 2005-285, adopting the Final Tax Levy for the Year 2006, reflecting Option 2. Ayes: Councilmembers Harycki, Junker Milbrandt, Polehna and Mayor Kimble Nays: None Finance Director Harrison noted that 2006 Library operating fund transfer includes $10,000 for increased natural gas costs and personnel costs of $26,082 for July 2006- December 2006, assuming the library renovation project is completed in July. Ms. Harrison asked if the Council wished to pro-rate those amounts based on when the library move is completed. Motion by Councilmember Milbrandt, seconded by Councilmember Junker moved to pro-rate the Library operating fund transfers based on the move-in date and to adopt Resolution 2005- 286, authorizing 2006 Library Fund Operating Transfer. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible set sale of City Capital Outlay Bonds (Library and 2006 Capital Outlay) Finance Director Harrison said the bond sale likely would be held in late January. The sale includes $5.1 million for the Library project and $1.3 million for 2006 capital outlay. The term of the bonds is 20 years. A portion of the bond issue, the capital outlay bond proceeds will be paid off in 8 years. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2005-287, resolution providing for the competitive negotiated sale of $6,400,000 General Obligation Capital Outlay Bonds, Series 2006A Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible set sale of Terra Springs Tax Exempt Note (Resolution) City Administrator Hansen reported the developer had withdrawn the request. Motion by Councilmember Junker, seconded by Councilmember Polehna to table the Terra Springs tax exempt note sale indefinitely. All in favor. Page 8 of 11 Possible approval of resolution regarding South Twin Lake Community Development Director Russell said during the Millbrook development hearings comments were received regarding the use of South Twin Lake. Stillwater Township agreed with the concerns heard during the hearings and passed a resolution opposing the motorized use of the lake. The City's Park Board also passed a resolution favoring the non-motorized use of the lake. Mr. Russell noted the Council could not proceed until the lake comes into City jurisdiction but could indicate the City's intent to do that when the lake is in City jurisdiction. Councilmember Milbrandt said he would like to formally indicate to the Millbrook developer that the Council intends to make South Twin Lake anon-motorized lake. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2005-288, City's intention to the use of South Twin Lake restricted to non- motorized watercraft, and to indicate that intent to the developer as well. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of consultant services for Shoddy Mill Relocation Project Community Development Director Russell said the City had previously requested that the Shoddy Mills buildings be relocated to a site near the Terra Terminal building. In order to have that relocation considered as part of the new bridge final EIS, the City needs to provide MnDOT with more specific information with how the buildings might be located on the site. Mr. Russell said the intent is to remove the Terra Terminal structure and place the Shoddy Mills buildings on a portion of that space. He said there are some concerns related to river setback and flood plain restrictions, so some study will be needed. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2005-289, approving the Scope of Services Agreement for Shoddy Mill Relocation Placement. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Boutwell Road Improvements Councilmember Junker said he thought the Boutwell project was a great enhancement and was in favor of directing staff to pursue obtaining an advance to allow the Boutwell Road improvements to continue ahead of schedule. Councilmember Milbrandt expressed a concern about completing a road to nowhere, as the County has no plans/funding for improvements on County Road 15 from Myrtle to Highway 96. Councilmember Milbrandt asked if there are any other MSA projects that might be Page 9 of 11 impacted by this action. Public Works Director Eckles responded that there are other MSA projects but noted that the City had established the transportation fund for the annexation area, so those funds could be utilized to replace the MSA funds used for the Boutwell Road improvements if necessary. Motion by Councilmember Junker, seconded by Councilmember Polehna directing staff to proceed with requesting the Municipal State Aid Department for an advance on MSA funds (Boutwell Road Project). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None COMMUNICATIONS/REQUESTS Request for change in parking on Owens Street near Good Samaritan Mayor Kimble suggested this request be referred to Public Works Director Eckles for coordination with the County and Police Department for their recommendations before taking any action. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna directing this request to Mr. Eckles/County/Police Department. All in favor. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn at 8:40 p.m. All in favor. r J y i e, Ma or ATTEST: G~~~~ Diane F. Ward, City Clerk Page 10 of 11 Resolution 2005-270, directing payment of bills Resolution 2005-271, renewal of Towing License for 2006 Resolution 2005-272, possible approval of Pay Rates for Part-time Fire personnel Resolution 2005-273, possible approval of Elected Official Out of State Travel Policy Resolution 2005-274, fees for services/publications - 2006 Resolution 2005-275, approval of maintenance contract with Stillwater Ford Resolution 2005-276, establishing a monthly rate schedule for the collection of solid waste and recycling effective January 1, 2006 -December 31, 2010 Resolution 2005-277, approving a Sunday liquor license for C & G Sukopp, LLC., DBA: Murasaki Resolution 2005-278, approval of agreement for Medicare Drug Subsidy Resolution 2005-279, Certificate of Appreciation for John Buckley Resolution 2005-280, approving an on-sale and Sunday liquor license for Stone's Restaurant, LLC, DBA: Stone's Restaurant, as conditioned. Resolution 2005-281, ordering the preparation of feasibility report for Trotter Court Ravine Project Resolution 2005-282, not used Resolution 2005-283, appointments to Middle St. Croix River WMO. Resolution 2005-284, adopting the Final Budget for the Year 2006 Resolution 2005-285, adopting the Final Tax Levy for the Year 2006 Resolution 2005-286, authorizing 2006 Library Fund Operating Transfer Resolution 2005-287, resolution providing for the competitive negotiated sale of $6,400,000 General Obligation Capital Outlay Bonds, Series 2006A Resolution 2005-288, City's intention to the use of South Twin Lake restricted to non- motorized watercraft Resolution 2005-289, approving the Scope of Services Agreement for Shoddy Mill Relocation Placement Page 11 of 11