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HomeMy WebLinkAbout2007-01-02 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 07-01 January 2, 2007 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 Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Director of Administration Knauss Finance Director Harrison Fire Chief Glaser Police Captain Peterson Public Works Director Sanders City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Junker, seconded by Councilmember Polehna to approve the December 19, 2006, City Council regular meeting minutes. All in favor. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL City Clerk Ward administered the oath of office to newly elected officials, Councilmembers Robert Gag and Mike Polehna and Mayor Ken Harycki. ADJOURN Motion by Councilmember Junker, seconded by Councilmember Milbrandt to adjourn at 7:10 p.m. for a small reception for Outgoing & Incoming Council. All in favor. Mayor Harycki reconvened the meeting at 7:35 p.m. Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Absent: None City Council Meeting - 07-01 January 2, 2007 RECOGNITION OF OUTGOING COUNCILMEMBERS Adoption and Presentation of Resolution commending Dave Junker and Jay Kimble for their years of service as Councilmember and Mayor respectively Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-06, commending Councilmember Dave Junker and Resolution 2007-07, commending Mayor Jay Kimble. Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None Mayor Harycki read the resolution commending Mr. Junker for his service as Councilmember. Mr. Junker expressed his appreciation to City staff for their assistance and friendship during the years and thanked the residents for the opportunity to serve the City of Stillwater. Presentation of plaque to Jay Kimble for his 12 years of service as Mayor Mayor Harycki read the resolution commending Mr. Kimble for his 22 years of service to the City of Stillwater as Councilmember and Mayor and presented a plaque of appreciation for his efforts. Mr. Kimble expressed his appreciation to staff and residents for their support and faith over the years. OPEN FORUM There were no public comments. STAFF REPORTS There were no staff reports. CONSENT AGENDA Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the Consent Agenda. Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None Resolution 2007-01, directing payment of bills Resolution 2007-02, designation of depositories for 2007 Resolution 2007-03, approving renewal Agreement with The Sand Creek Group for Employee Assistance Program (EAP) Services. Possible approval to purchase Public Works equipment from State Bid Possible approval to purchase three squad cars from State Bid Page 2 of 10 City Council Meeting - 07-01 January 2, 2007 Resolution 2007-04, reimbursement resolution for capital outlay (available Tuesday) Resolution 2007-05, Fees for Services/Publications - 2007 Possible approval to purchase Tomcat 26 Magnum Automatic Scrubber -Recreation Center PUBLIC HEARINGS Case No. SUB/06-64. This is the date and time for a public hearing to consider a request from Karen Kramer for a resubdivision of an existing lot of 38,406 square feet into two lots: Lot A: 11,616 square feet and Lot B: 26,790 square feet, respectively, and a waiver of platting fees and required street with (50 feet required, 22 feet existing) located at 1904 5th Street North in the RA, Single Family District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 22, 2006. Community Development Director Turnblad explained the request and site. The subdivision will create two lots, both of which meet all requirements of the zoning district, he said. He explained the recommendation for the waiver of platting fees and stated staff recommends approval with five conditions. Mayor Harycki opened the public hearing. Claude Clivett, 1912 N. Fifth St., asked if the creation of the new lot would affect the width of Willow Street. Mr. Turnblad stated there -would be no impact on Willow Street. Dick Paukert, 202 W. Hazel, asked if there were any slope issues involved in the subdivision. Mr. Turnblad stated there are some slopes involved, but none exceed ordinance standards. No other comments were received and the hearing was closed. Councilmember Milbrandt asked Attorney Magnuson if he was comfortable obtaining easements through articles of easement as opposed to platting the lot; Mr. Magnuson responded in the affirmative. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-08, a resolution approving a resubdivision of property located at 1904 North 5th Street (Case No. SUB/06-64), with the five conditions as recommended by staff. Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None Case No. SUP/06-56. This is the date and time for a public hearing to consider a request from Cynthia Hannig for an amendment to a special use permit for the transfer of ownership of a bed and breakfast (James Mulvey Inn) located at 622 West Churchill Street in the RB, Two Family Residential District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 22, 2006. Community Development Director Turnblad explained the request. He noted the James Mulvey Inn involves the use of two structures, the main residence on Churchill Street and the carriage house on Harriet Street. He said Ms. Hannig intends to purchase the Page 3 of 10 City Council Meeting - 07-01 January 2, 2007 main residence and former owners, Jill and Truett Lawson, will own and occupy the carriage house. Currently, the Inn has seven guestrooms, four in the main house and three in the carriage house. As proposed, there will now be five bedrooms in the main house and two in the carriage house -the total number of bedrooms will remain the same. He stated Ms. Hannig is proposing to partner with the Lawsons so the Inn still functions as a whole. The Lawsons would continue to live in the carriage house, but Ms. Hannig would market, book and serve the bedrooms in the carriage house associated with the James Mulvey Inn. He stated the proposal meets all 12 conditions for B&Bs and approval is recommended with the 16 conditions. Mr. Turnblad suggested one question with the proposal likely deals with parking, and he reviewed the available off- street parking for guests. Mayor Harycki opened the hearing. No comments were received, and the hearing was closed. Mr. Gag reviewed the Planning Commission's consideration of the proposal and said the Commission felt fairly comfortable with moving forward, subject to the conditions of approval. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2007-09, a resolution approving a Special Use Permit for a Bed and Breakfast at 622 Churchill Street W (Case No. SUP/06-56), as conditioned. Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None Case No. SUP/V/06-65. This is the date and time for a public hearing to consider a request from Truett and Jill Lawson for a special use permit and a variance to the bed and breakfast regulations for the required 900 foot separation from another bed and breakfast to operate a two-room bed and breakfast in the carriage house of the Mulvey Inn located at 807 South Harriet Street in the RB, Two Family Residential District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 22. 2006. Community Development Director Turnblad reviewed the request. As noted in discussion of the previous case, the Lawsons will continue to live in the carriage house and have an arrangement with Ms. Hannig to operate the two guestrooms in the carriage house. The two residences, the main house on Churchill and the carriage house, will continue to operate as one unit and are tied together through the conditions of approval. If the two cease to function as one entity, Mr. Turnblad said there would have to be an amendment to the special use permit and the City would have to re- examine the issue. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Page 4 of 10 City Council Meeting - 07-01 Motion by Councilmember Polehna, seconded 2007-10, a resolution approving a Special Use (Case No. SUP/V/06-65). January 2, 2007 by Councilmember Gag to adopt Resolution Permit for Bed and Breakfast at 807 Harriet S Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None UNFINISHED BUSINESS Possible second reading of Ordinance No. 981, an ordinance amending the City Code by amending $51-5 Snow Emergency City Attorney Magnuson reviewed the impetus for the ordinance amendment. It exempts the areas around Len's Family Foods and the Harbor Bar from the City's odd-even winter parking regulations once the streets in the area of the establishments have been plowed curb-to-curb. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Ordinance No. 981, an ordinance amending the City Code by amending §51-5, Snow Emergency Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None NEW BUSINESS Possible aeproval of Pledge Allegiance Dates for 2007 City Clerk Ward explained the proposed dates and asked whether the Council wished to continue with the practice of reciting the Pledge of Allegiance on certain dates or if the Council wished to add additional dates. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the dates as proposed by City Clerk Ward. All in favor. Possible designation of official newspaper for 2007 Ms. Ward explained that every year the City must designate its legal paper. In the past several years, she said the City has had the Gazette serve as the legal publication for notices and public hearings, while the Courier has published proceeds that are required to be published by the City's Charter. She stated three bids had been received, the Gazette, Courier and Press Publications. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to designate the Gazette and Courier for the City's legal publications in 2007. All in favor. Page 5 of 10 City Council Meeting - 07-01 January 2, 2007 Possible appointment to Planning Commission for unexpired term of Robert Gag City Clerk Ward explained with Mr. Gag's election to the Council, there is an open seat on the Planning Commission. Councilmember Polehna said he thought it important to continue to have representation from Ward 1, the ward Mr. Gag previously represented on the Commission. Councilmember Milbrandt also spoke of the quality of candidates and the desire to keep balanced ward representation on the Commission. Motion by Councilmember Polehna and seconded by Councilmember Milbrandt to adopt Resolution 2007-11, appointing Charles Wolden to the Planning Commission, to fill the unexpired term. Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None Possible appointment to Library Board City Clerk Ward told the Council that the Library Board is recommending appointment of Dick Edstrom and Ned Gordon to the Board and that Richard Huelsmann is requesting reappointment. Motior} by Councilmember Milbrandt, seconded by Councilmember Polehna to appoint Dick Edstrom and Ned Gordon and reappoint Richard Huelsmann by adopting Resolution 2007-12, appointing members to the Library Board. Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None Request for Lily Lake Playground Equipment Community Development Director Turnblad noted that the Lily Lake PTO had requested a $10,000 contribution from the City for a playground improvement project at the school. At the Council's direction, the Park Board reviewed the request, and at its Nov. 27, 2006, meeting the Park Board unanimously recommended that the City contribute $10,000 to the project, he said. Councilmember Milbrandt said the requested donation is commensurate with what the City contributed to the Stonebridge project. Councilmember Polehna spoke to the age of the Lily Lake playground equipment and expressed his disappointment that the School District has not been more supportive of the need to provide children with safe playground equipment Motion by Councilmember Milbrandt, seconded by Councilmember Gag to approve the $10,000 contribution. All in favor. Request for a peace pole -Valley Peace Makers This item was removed from the agenda by the applicant. Page 6 of 10 City Council Meeting - 07-01 January 2, 2007 Discussion on Council appointment process City Administrator Hansen stated 10 applications had been received for the open seat on the Council and asked for direction on how to proceed. Mayor Harycki spoke in favor of interviewing all candidates and allowing each candidate at least 20 minutes; he also spoke in favor of having the sessions cablecast. Councilmember Milbrandt said he thought the interview process was stressful enough without adding the pressure of cable casting the sessions. Councilmember Polehna noted the press would be on hand to cover the sessions and agreed that being on camera can be stressful for some folks. Mayor Harycki spoke in favor of making the process as open as possible. Mayor Harycki said there had been some interest expressed in allowing the public to ask questions of the candidates and inquired about that possibility. Attorney Magnuson noted this process is similar to an election and the Council controls the "election," as long as the process is open and the public knows how the Council voted on each phase of the process. Attorney Magnuson did speak to the potential that members of the audience might show some favoritism to a particular candidate in posing questions. Mayor Harycki also noted there is some interest in having a candidate forum following the interviews, at which time questions could be asked of the applicants. There was discussion about the benefit of having an open forum in helping the Council make its decision on an appointment. Councilmember Milbrandt said the process must be open, but not a "popularity contest" and questioned the benefit of the open forum. Mayor Harycki spoke in favor of involving the public and suggested the possibility of having an open forum and scheduling interviews after the public forum. Councilmember Polehna said he could support a public forum, if the forum is organized by an independent group, such as the League of Women Voters, totally separate from the City. It was agreed to schedule interviews to accommodate the possibility of a forum. Councilmember Gag asked about the timing of the Council's vote, whether that would be done immediately following the interviews. Mayor Harycki spoke in favor of having the vote at a Council meeting, on camera so it is open for all to see. After discussion of possible dates, it was decided to schedule interviews starting at 4:30 p.m. Jan. 30 and Jan. 31. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to not televise the interview sessions. Councilmember Gag asked when the appointment vote would be made if the sessions were not televised. City Attorney Magnuson stated the appointment vote would need to be taken at an open meeting and the votes recorded, either at the date of the last interviews or the next Council meeting. Mayor Harycki spoke in favor of having the vote out in the public for everyone to see. Councilmember Gag spoke in favor of having the vote taken during a televised meeting. Councilmember Milbrandt modified his motion to state that the interview process will not be televised, but the vote will be held at the first 7 p.m. Council meeting in February; Councilmember Polehna agreed to second the amended motion. Ayes: Councilmembers Gag, Milbrandt and Polehna Page 7 of 10 City Council Meeting - 07-01 January 2, 2007 Nays: Mayor Harycki Discussion on additional broadcasts of City meetings Mayor Harycki said there have been citizen requests to have the Council's 4:30 p.m. meetings broadcast, as well as the Planning Commission meetings. He stated the Cable Commission has indicated the 4:30 Council workshops might be aired on a tape delay basis; the Cable Commission also has indicated it has no problem doing the Planning Commission meetings. Mayor Harycki suggested that because some people don't have access to cable TV, the Council might want to consider putting broadcasts on the Internet. Councilmember Polehna said he had no problem with that suggestion, noting there had been interest in having the Park Board meetings broadcast. Mayor Harycki said the Cable Commission has indicated it will provide the City with four broadcasts. City Administrator Hansen said staff could look into the possibility of putting the broadcasts on the Internet if the Council so desired. Councilmember Polehna said he would prefer alternating Commission/Board meetings, rather than the 4:30 Council workshops. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to proceed with working to televise/web cast the 4:30 Council session and Planning Commission meetings and directed staff to investigate the financial implications and logistics of airing the other Commission/Board meetings. All in favor. COUNCIL REQUEST ITEMS Councilmember Milbrandt suggested that the Council move forward and appoint a vice mayor at this time, rather than deferring the appointment. Motion by Councilmember Polehna, seconded by Councilmember Gag to appoint Wally Milbrandt as Vice Mayor by adopting Resolution 2007-13, designating Council Vice Mayor for 2007. Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None Mayor Harycki stated he and Public Works Director Sanders had met with the principal of Stillwater Junior High School regarding safety improvements in the area of the school. The school is pursuing a grant for the improvements and he encouraged the public to forward any suggestions regarding improvements to City staff. STAFF REPORTS (continued) Public Works Director Sanders stated he had a request from a Township resident on Neal Avenue whose septic system is failing and wishes to connect to City services, However, that requires annexation, a process that could take several months to accomplish, he said. The resident is asking that the City consider allowing him to Page 8 of 10 City Council Meeting - 07-01 January 2, 2007 connect up to City sewer and water prior to official annexation, he said. The Joint Board has reviewed the request and has no problem, he said. Mr. Sanders suggested a possible condition of approval be that the annexation application be submitted at the time of the sewer permit. Attorney Magnuson noted this area is ghost platted and the Joint Board wanted to make sure that the placement of the utility hookups not interfere with future development of the parcel(s). Councilmember Milbrandt said he would have no problem as long as there is understanding that until full annexation takes place, there will be no consideration given to any subdivision request. City Attorney Magnuson said that could be made a condition of allowing the hookup prior to annexation. No formal action was taken. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adjourn at 9:10 p.m. All in favor. ATTEST: ~~ ~~ Diane F. Ward, City Clerk Resolution 2007-01, directing payment of bills Resolution 2007-02, designation of depositories for 2007 Resolution 2007-03, approving renewal Agreement with The Sand Creek Group for Employee Assistance Program (EAP) Services. Resolution 2007-04, reimbursement resolution for capital outlay (available Tuesday) Resolution 2007-05, Fees for Services/Publications - 2007 Resolution 2007-06, commending Councilmember Dave Junker Resolution 2007-07, commending Mayor Jay Kimble Resolution 2007-08, a resolution approving a resubdivision of property located at 1904 North 5th Street (Case No. SUB/06-64) Resolution 2007-09, a resolution approval a Special Use Permit for a Bed and Breakfast at 622 Churchill Street W (Case No. SUP/06-56) Resolution 2007-10, a resolution approving a Special Use Permit for Bed and Breakfast at 807 Harriet S (Case No. SUP/V/06-65) Resolution 2007-11, appointing Charles Wolden to the Planning Commission Resolution 2007-12, appointing members to the Library Board Resolution 2007-13, designating Council Vice Mayor for 2007 Page 9 of 10 City Council Meeting - 07-01 January 2, 2007 Ordinance No. 981, an ordinance amending the City Code by amending §51-5, snow emergency Page 10 of 10