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HomeMy WebLinkAbout2008-02-19 CC MIN i lwater TNE ..IH",LACE OF MINNESOTA CITY COUNCIL MEETING NO. 08-04 February 19, 2008 REGULAR MEETING 7:00 P.M. Assistant Vice Mayor Polehna called the meeting to order at 7 p.m. ROLL CALL Present: Council members Gag, Nyberg and Assistant Vice Mayor Polehna Absent: Council member Milbrandt and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE City Clerk Ward led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Nyberg to approve the February 4, 2008, regular and recessed minutes. All in favor. APPROVAL OF RESOLUTION OF CONSENT City Administrator Hansen explained that Mayor Harycki is absent from the meeting in order to testify on behalf of the City at the State Capital. The Resolution of Consent acknowledges that the Council has authorized the Mayor to be absent and the absence is not considered "neglectful" according to the City Charter. Motion by Council member Gag, seconded by Councilmember Nyberg to adopt Resolution 2008-27, resolution of consent. Ayes: Council members Gag, Nyberg and Assistant Vice Mayor Polehna Nays: None City Council Meeting - 08-04 February 19, 2008 OPEN FORUM There were no public comments STAFF REPORTS Fire Chief Glaser updated the Council on a structure fire that occurred at 817 S. First St. He stated there were four occupants in the home, one of whom needed assistance in getting out of the structure, a very serious situation. He noted that when the call came in, smoke and fire were showing. When fire crews arrived on scene, the fire had vented itself out the front windows, Chief Glaser said. Fortunately, all occupants escaped the home, but the home was severely damaged, he said, and is unlivable. Occupants are receiving assistance from the Red Cross, he said. Chief Glaser acknowledged the efforts of Stillwater Officer Leslie Wardell and Oak Park Heights Sgt. Paul Hoppe in assisting an elderly resident out of the home. The cause of the fire is under investigation, Chief Glaser stated. Public Works Director Sanders reminded the Council of an open house for the traffic study performed for the Greeley, Myrtle and Olive streets area; the open house is scheduled for February 27,4-7 p.m., at City Hall. Notices have been sent to the residents in the project area, he said. It was suggested that notice of the open house be placed on the City web page, and Mr. Sanders said that would be done. CONSENT AGENDA Assistant Vice Mayor Polehna asked that item NO.5 be pulled for discussion purposes. Motion by Councilmember Gag, seconded by Councilmember Nyberg, approved the Consent Agenda, excluding item No.5. Ayes: Councilmembers Gag, Nyberg and Assistant Vice Mayor Polehna Nays: None Mr. Polehna expressed a concern about the cost for the purchase of equipment that will be used basically for grooming the City's three ball fields considering the City's budget situation. Public Works Director Sanders explained that the requested utility groomer and utility vehicle are independent of each other. He stated the requested vehicle has a greater load capacity and larger storage room than other vehicles that were looked at. Mr. Sanders pointed out the vehicle is not used just for grooming fields; it is used for park maintenance, trail maintenance, as well as the grooming of fields. The groomer is attached to the vehicle, which is a multi-purpose vehicle used in the parks department, not a single-use vehicle, he noted. Mr. Sanders stated the other vehicles didn't meet the City's needs for a multi-purpose use vehicle. Motion by Council member Nyberg, seconded by Council member Gag, moved approval of the purchase of the utility vehicle and groomer equipment as presented. Page 2 of 9 City Council Meeting - 08-04 February 19, 2008 Ayes: Councilmembers Gag, Nyberg and Assistant Vice Mayor Polehna Nays: None Resolution 2008-20, directing payment of bills Possible approval to purchase sanitary sewer van and televising equipment Possible approval to purchase 2 servers for Public Works & Recreation Center Possible approval to purchase copier for City Hall Possible approval to purchase utility vehicle and groomer equipment - Public Works Resolution 2008-21, approval to apply for Minnesota State Historical Society Grant for 2008-2009 Possible approval to purchase updated network infrastructure Possible approval to purchase updated voicemail system Possible approval of waiver of garbage collection charges Possible approval of Capital Budget Release - Library Resolution 2008-22, approving license to use real property Resolution 2008-23, approving Minnesota Premises Permit for lawful gambling for Climb, Inc., located at Stillwater Restaurants, Inc., DBA: Stillwater Crab House, 317 Main Street S. Stillwater, MN PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Update on Mainstream Development (Vern Stefan) and the City reqardinq public restrooms (tabled from February 4 meeting) City Attorney Magnuson stated that after the last Council meeting regarding this issue, one of the things Mr. Stefan proposed was a willingness to give back to the City the property that was traded for the parking rights. Mr. Stefan proposed paying the City for that portion of the property that has since been sold to others and could no longer be returned to the City. Mr. Magnuson reviewed the property in question and the history of the City's acquisition, which was tied to efforts to keep Cub Foods' corporate headquarters in Stillwater. Mr. Magnuson reviewed the original purchase price and subsequent sale of a portion of the property for what is now the Lumber Baron's Hotel, and the City's decision to trade the 20' strip of property for parking rights in a lot that had been leased from Maple Island prior to the sale. Mr. Magnuson noted the value of the 20' strip of land in 1991 was about 23 cents a square foot. On a question by Councilmember Nyberg, Mr. Magnuson explained that the City Council agreed to vacate the parking rights contingent on Mr. Stefan (Mainstream Development) negotiating with the City on the provision of public restrooms in the new building. Mr. Magnuson outlined several options that the Council could consider: trying to rescind the agreement in 1996 to trade the property for the parking rights; require a cash contribution for public restrooms in the downtown area; or continue working on an agreement for dedication of some public restroom use in the new building. Page 3 of 9 City Council Meeting - 08-04 February 19, 2008 Mr. Magnuson suggested the worst option, as far as the developer is concerned, is requiring the developer to make their own private restrooms available to the public. Mr. Magnuson suggested that intense public use of private restrooms in the new building, with office space, would not be too attractive to any developer. Council member Nyberg noted that the reason prior Councils stipulated provision of public restrooms is the fact that because the City had the parking rights in that location, development could not proceed without the City vacating those parking rights. Councilmember Nyberg said he would not be in favor of pursuing the option of rescinding the 1996 agreement and reacquiring the 20' strip of non-buildable property for a few thousand dollars. Councilmember Nyberg stated his issue continues to be what the City receives in exchange for giving up the parking easement, and said he would be interested in looking at the option of a cash contribution toward building public restrooms at another location. Councilmember Gag agreed that requiring dedication of funds for a restroom facility seems to be a workable solution. Councilmember Gag also asked whether there is more information regarding the City's cost of maintaining a restroom facility on a yearly basis should the City be responsible for operating/maintaining a facility in Mr. Stefan's building on off-hours. City Administrator Hansen said information about cost is something that staff could research and bring back to the Council, and pointed out the information presented tonight is new information that the Council has not had time to contemplate. City Administrator Hansen suggested that the Council should not feel compelled to make a decision at this meeting. Assistant Vice Mayor Polehna asked that all the options be spelled out, with the associated costs for all the options. Council member Gag said he was not ready to give up on the option of some type of public facility in the Mainstream Development building and asked for more information on the costs associated with that option. Councilmember Nyberg spoke in favor of getting funds for a facility in another location, especially considering there will be a public restroom in the Mills on Main building. Council member Gag pointed out the Mills on Main restrooms might not be open on weekends; Assistant Vice Mayor Polehna said information on the Mills on Main facility could be provided along with the more detailed information on the options and costs involved with the Mainstream Development proposal. It was consensus to consider this issue, with the additional information to be provided by staff, at the next meeting. Possible acceptance of Findinqs of Fact and adoption of Resolution of Denial for a minor PUD amendment for Lot 1. Block 2. Settler's Glen 8th Addition Tim Fohr, Lennar Corporation, addressed the Council. He noted they had not commented at the previous Council meeting as they had no objections to the Planning Commission's action - approval of the request on a 5-1 vote. Mr. Fohr pointed out there is about a 7' linear height difference between the home on the original resolution and the home they had proposed in the PUD amendment; the new home is about 96 square feet larger as seen from the rear elevation, a minimal change visually. Also, Mr. Fohr stressed that the motivating factor in the requested amendment is not market Page 4 of 9 City Council Meeting - 08-04 February 19, 2008 conditions, as was suggested at the Council's Feb. 4, 2008 meeting, but rather is due to the size of the home site, 70 feet wide, which, he said, precludes development of a single-story home on that site. Assistant Vice Mayor Polehna pointed out this is the second time the developer has come back with changes and said the developer sold the community on a certain look and certain size house. And, he noted it was the developer who determined the size of the lots, saying it is difficult for him to approve changes in mid-stream. Mr. Fohr stated the main reason for this request is the continuity of the neighborhood, noting the cul-de- sac in question is made up of three-story, large homes, and building a single-story home on that site could potentially undermine the property values of the neighboring homes. Assistant Vice Mayor Polehna asked if Lennar would be willing to extend the 60-day rule if the decision was made to delay action until there was a full Council present. Mr. Fohr responded in the affirmative. Motion by Council member Gag, seconded by Councilmember Nyberg to table action until the next meeting, given Mr. Fohr's indication to extend the 60-day rule. All in favor. NEW BUSINESS Parkinq Ramp Land Exchanqe City Administrator Hansen briefly updated the Council on the parking ramp project. He said there is a pending land exchange with Trinity Lutheran Church and staff would like to determine Council's position regarding the potential property trade. City Attorney Magnuson described the parcels involved, a small parcel on the northwest corner of Fourth and Myrtle that the City currently owns and leases to the Post Office and property the Church owns on the east side of Third Street. Mr. Magnuson said he thought the Church would be willing to deed their property to the City, along with the right of reverter with the same restriction on the City's land that would be deeded to the Church. City Administrator Hansen explained that the issue was being brought up at this time as the land exchange is a critical part of the parking ramp project. Council members in attendance indicated no problem with the proposed land exchange; however this item will be reviewed by the full Council at the next meeting. Possible adoption of resolution acceptinq bids and awardinq contract for Lily Lake Parkinq Lot Project and the Driving Park Ravine Project Public Works Director Sanders stated bids for the project were opened Feb. 14,2008, with seven bids received. Low bid was submitted by Tower Asphalt in the amount of $168,222; engineer's estimate was $203,000. Motion by Council member Gag, seconded by Councilmember Nyberg to adopt Resolution 2008-24, Accepting Bid and Awarding Contract for Lily Lake Parking Lot Project (Project 2006- 03) and Driving Park Ravine Project (Project 2006-07). Page 5 of 9 City Council Meeting - 08-04 February 19, 2008 Ayes: Councilmembers Gag, Nyberg and Assistant Vice Mayor Polehna Nays: None Possible approval of member to Library Board Motion by Councilmember Gag, seconded by Councilmember Nyberg to adopt Resolution 2008-25, appointment to Library Board, appointing James Pedginski to the Library Board of Trustees as recommended by the Library Board based on interviews with the candidates. Ayes: Councilmember Gag, Nyberg and Assistant Vice Mayor Polehna Nays: None Discussion on Administrative Citations - Police Police Chief Gannaway gave a Power Point presentation on a proposal to implement an administrative citation program in the City of Stillwater. The presentation outlined how an administrative citation works, as well as the pros and cons associated with such a program. Chief Gannaway noted there are some legal issues associated with an administrative citation program, including an opinion by the State Auditor's Office and State Attorney General's office that such citations are not legal; but, he noted that some latitude has been granted to Charter Cities, such as Stillwater. Chief Gannaway pointed out enabling legislation allowing such citations was considered in the last Legislature and is on the table again in this session. The presentation also listed proposed fines, and noted that all offenses proposed for administrative citations relate to minor traffic offenses and public nuisances, primarily petty misdemeanors. Councilmember Gag asked about record-keeping and whether other departments would be involved in such duties. Chief Gannaway responded that his department would be responsible for record-keeping for the persons issued administrative citations, with a system already in place for such record keeping. Finance Department would handle collection of the fines, he said. Assistant Vice Mayor Polehna asked about the potential for a loss of state funds, given the State Auditor and State Attorney General's position on administrative citations. City Administrator Hansen stated this proposal has been talked about for several years and previously he was against the proposal due to similar concerns. Last year, two bills were introduced at the Legislature, Mr. Hansen said, one to disallow the practice and one to allow the practice, and he noted that the bill to allow the administrative citation program got a better hearing than the bill that would disallow the programs. Mr. Hansen noted that 80 some entities have such a program and they have not been prevented from doing so thus far. Councilmember Gag asked for an estimate of how much revenue such a program might generate; City Administrator Hansen responded that the main purpose is not revenue. Chief Gannaway said revenue should not be the main focus of enforcement. City Administrator Hansen pointed out that it is a losing proposition, financially, for the City to issue Uniform Traffic Citation, given court costs, office court time and payment for prosecution. Page 6 of 9 City Council Meeting - 08-04 February 19, 2008 It was consensus to pursue the possibility of implementing the program and bring back to Council at a future date. Possible chanqe of 1 st meetinq in March meetinq date City Clerk Ward explained that generally the first Tuesday in March of even years is caucus night in Minnesota. The caucuses were held February 5 this year, however the statute has not been changed. In order to comply with existing statute, Ms. Ward asked that Council consider moving the first March meeting date to Wednesday, March 5. Motion by Councilmember Gag moved, seconded by Councilmember Nyberg to change the first Council meeting date in March to Wednesday, March 5. All in favor. Possible adoption of resolution in support of legislation that would revise Minnesota Statutes relatinq to Local Government Aid City Administrator Hansen stated that he had been contacted by the City Manager of Fridley regarding the City's position on Local Government Aid. Fridley is heading up a group of suburban cities that is requesting a change in the Local Government Aid formula, he said, and that is the only way Stillwater will find some financial relief. The City needs a change in the formula, not just more money in the local government aid fund, he said. He noted under the proposed formula change, Stillwater would come out substantially better than under the current formula. City Administrator Hansen said he would recommend supporting the proposed formula revision. Motion by Council member Nyberg, seconded by Councilmember Gag to adopt Resolution 2008-26, resolution in support of legislation revising Minnesota Statutes relating to Local Government Aid Ayes: Councilmembers Gag, Nyberg and Assistant Vice Mayor Polehna Nays: None Discussion on use of Kolliner Park Councilmember Nyberg said he could think of no reason why the City would support this request to use Kolliner Park for a study/plan related to the Winged Mapleleaf mussel. He noted that one of the issues related to delaying action on a new river crossing in the past has been related to the presence of rare mussels, and said he has not been able to find anyone who can tell him the significance of the Winged Mapleleaf mussel, its value to the river habitat or society. Councilmember Gag asked if there have been other instances of such requests. City Administrator Hansen said the request came to him via e-mail, and said while he had similar concerns about the possibility the information might be used to forestall the bridge project; the City does generally cooperate with other governmental agencies. City Administrator Hansen suggested a decision could be delayed until there is a full Council. Councilmember Gag agreed with Council member Nyberg's position and noted there doesn't seem to be any immediacy to the study as Page 7 of 9 City Council Meeting - 08-04 February 19, 2008 the plan is dated April 2004. Assistant Vice Mayor Polehna wondered why the Winged Mapleleaf mussel wasn't raised as an issue 20 years ago. Motion by Council member Nyberg, seconded by Council member Gag to deny the use of Kolliner Park to conduct a study for the Winged Mapleleaf mussel. All in favor. COUNCIL REQUEST ITEMS Councilmember Gag asked about the status of the Jaycee athletic fields. Assistant Vice Mayor Polehna stated that a group of interested people would be meeting with the Minnesota Amateur Sports Facilities Commission to get some ideas on how to solve some of the need for fields in the St. Croix Valley. Nothing specific has been happening with the Jaycee fields, he said. Mr. Gag asked Public Works Director Sanders if the City's has any plans for cleaning up that area. Mr. Sanders responded there is nothing in the City's five-year plan for that area. Council member Gag asked Fire Chief Glaser asked about the status of a new fire hall at the Jaycee site. Chief Glaser said no decision has been made. Chief Glaser noted the consultants did not say that site was unusable for a fire station, just that there would be lots of remediation efforts needed for that site. He said there are grant funds available to help recover "brown fields," but he is not sure if that would be an option. Chief Glaser stated there has been no movement on the new fire station issue since the decision was made last April to halt the site study. Chief Glaser suggested the next step is for the City to determine whether to pursue the single-station option or two-station option suggested by consultants and then locate a potential site, noting that there are limited sites. Council member Gag asked if Chief Glaser has any funds in his capital plan for the purchase of property. Chief Glaser responded that he had budgeted $25,000 in 2008 to continue to study the options and determine how to proceed. Chief Glaser suggested that one of the problems with the Jaycee field site is that the study was terminated before space needs were considered and the actual impact on the dump site determined. Councilmember Nyberg spoke of the staffing cost of a two-station option and suggested that even if a site for a single-station department is more expensive, that cost might be recouped over a period of 10 or 20 years. Council member Gag said he raised this issue because the City will be entering another budget cycle, and he wanted to determine the commitment on this issue; he referred to other capital expenditure suggestions - a hockey rink downtown, acquiring the Boom Site, library funding, etc.- and suggested public safety should be a commitment as well. Assistant Vice Mayor Polehna said he was on the committee that reviewed the consultants findings regarding the Jaycee site and said he recalled there were a lot more issues with the site than just remediation and the consultants recommendations was, in essence, that the site be scratched from consideration due to long-term costs. Mr. Polehna agreed that the Council needs to look long-range to address police and fire needs and if a new site is needed, the Council should start doing that right away, before suitable sites are developed. Councilmember Nyberg pointed out that even if the Jaycee/dump site is not used for a new fire station, the City will have to expend funds for cleanup. Assistant Vice Mayor Polehna said he thought the City should go back to the drawing board looking for Page 8 of 9 City Council Meeting - 08-04 February 19, 2008 a potential site and suggested that should be an issue looked at in the Comprehensive Plan process. Councilmember Gag suggested this issue be looked at in the land use area of the Comprehensive Plan and, with the $25,000 that is budgeted; begin planning for a new fire station. Assistant Vice Mayor Polehna spoke of the upcoming budget process and noted that all indications are the state will experience extreme shortfalls in revenues this year. He asked what steps the City is taking to be proactive in anticipating additional cuts in state funding. City Administrator Hansen responded that staff have presented a number of revenue-generating ideas to the Council and said he didn't think there were many more revenue-generating options available. City Administrator Hansen suggested that the Council needs to control new initiatives. City Administrator Hansen also noted that about 75 percent of the City's budget is personnel and said he didn't see any waste in that area. Mr. Hansen stated that he believes 2008 and 2009 will be very difficult for local governments in general, with tough issues ahead. ADJOURNMENT Motion by Councilmember Nyberg, seconded by Council member Gag, moved to adjourn at 8:28 p.m. All in favor. ~ Assistant Vice Mayor Polehna ATTEST: ./1 ~ d.lOtVlL Diane F. Ward, City Clerk Resolution 2008-20, directing payment of bills Resolution 2008-21, approval to apply for Minnesota State Historical Society Grant for 2008-2009 Resolution 2008-22, approving license to use real property Resolution 2008-23, approving Minnesota Premises Permit for lawful gambling for Climb, Inc., located at Stillwater Restaurants, Inc., DBA: Stillwater Crab House, 317 Main Street S. Stillwater, MN Resolution 2008-24, Accepting Bid and Awarding Contract for Lily Lake Parking Lot Project (Project 2006-03) and Driving Park Ravine Project (Project 2006-07) Resolution 2008-25, appointment to Library Board Resolution 2008-26, resolution in support of legislation revising Minnesota Statutes relating to Local Government Aid Resolution 2008-27, resolution of consent. Page 9 of 9