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HomeMy WebLinkAbout2008-07-01 CC MIN i lwater THIE IIIUH'LACE OF MINNESOTA CITY OF STILLWATER CITY COUNCIL MEETING JULY 1, 2008 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward OTHER BUSINESS Louis Jambois - Metro Cities Louis Jambois, executive director of Metro Cities, gave a Power Point presentation about the organization's mission, recent accomplishments, and the benefits of membership. He asked that the Council consider membership in 2009; the City's dues in 2009 would be $6,226, he stated. Councilmember Gag asked whether the organization would lobby on behalf of an individual city's specific interests. Mr. Jambois responded that, for the most part, the organization takes on issues that affect more than one city, but, he said, it tends to break down into groups of cities. He noted that few issues affect all the organization's members equally. Councilmember Milbrandt referred to the organization's legislative policies and spoke of the benefit the City has received from the efforts of Metro Cities; he hoped when the Council goes through budget hearings this year, it finds a way to join the organization. Fire Station Site Discussion Fire Chief Glaser stated subsequent to direction he received from the Council to investigate alternative sites for construction of a new fire station, he had looked at a number of alternate sites including Staples Field, the City parking lot near Owens and McKusick Road, the area near Brick and Myrtle Street, the Dome site, and Northland Avenue to Deerpath corridor. After reviewing these alternative sites, he said the most City Council Meeting July 1, 2008 suitable area for a new station, primarily due to response times, road access and parcel sizes, appears to be along Myrtle Street between Deerpath and Northland. In the information packet, it was noted there are several options for locating a site in that corridor - the Jaycee facility, Northland Park area, or purchase of private property. Mayor Harycki asked if privately-owned parcels had been considered; Chief Glaser responded he would be looking for direction from Council in that matter. Mayor Harycki said he saw this as gathering information for updating the CIP in the budget process. Councilmember Milbrandt asked about the information regarding the total market value of properties protected from the existing facility and a proposed facility; Chief Glaser explained that the figures indicate that the market value of properties that cannot be reached within 8 minutes from the existing facilities totals $185.5 million; market values of properties that are over an 8 minutes response time from a new facility would be $5.7 million. Councilmember Milbrandt asked to see a map showing the impact on Northland Park should a station be located there; Chief Glaser said he had that information and noted that Northland Park comprises about 20 acres, with the suggested need for a station of about 3.5 acres. Mayor Harycki suggested the next logical step for the Council is to evaluate this request in conjunction with the CIP. Councilmember Nyberg suggested that the answers are clear that if a new fire station is constructed it has to be in Deerpath-Northland corridor, as indicated in this latest information, and said the Council needs to make a decision to lay the groundwork and put the plan in motion for the eventuality of a new fire station. Councilmember Polehna said it should be made clear that the Council is looking at a general area, not a specific site. Councilmember Gag asked if there would be clear direction in review of the CIP; City Administrator Hansen explained that staff prepares a five-year CIP that is updatedlrevised every year in the budget process. Mr. Hansen pointed out that the fire station project currently is in the unfunded category in the CIP, but this is a Council decision. There was discussion of the estimated cost of the project. Chief Glaser said he could not give a good cost estimate until a decision is made on a site, whether purchase of private property will be involved, but noted that in the fire service study done several years ago, the cost was estimated at $3.5 million; Mr. Hansen said the cost is estimated at $4 million in the CIP. No action was taken. STAFF REPORTS Police Chief Gannaway told the Council he is looking at upgrading the police and fire training room to serve as an emergency operations center. He said $10,000 had been budgeted for that project. Some of the budgeted funds have been expended on the emergency command post, which travels to the site of an emergency; there is still $6,000 remaining in the budgeted funds. Councilmember Polehna noted that Washington County is currently upgrading its command center and wondered about the possibility of a cooperative effort, rather than having two separate command centers in close proximity. Chief Gannaway responded that the intent in emergency planning is to build up a redundancy in the event that one facility is not operable due to an emergency situation. Mayor Harycki stated that in the aftermath of the Hugo tornado he had received several calls from residents of the South Hill stating that the emergency sirens weren't heard. Chief Gannaway said that siren has been repaired. Page 2 of 8 City Council Meeting July 1, 2008 Community Development Director Turnblad told the Council the Veterans Memorial Committee has asked the Washington County Historical Society for permission to have the arch from the old high school pass from control of the Historical Society to control of the Veterans Memorial Committee. The Memorial Committee would like to place the arch back in its original location to serve as an entry way to the Memorial. The Historical Society has approved of the plan, he stated. He said if the Council approves of the request, staff would stipulate that a plan be submitted to the Heritage Preservation Commission for a recommendation to the Council. Councilmember Polehna said the City should have some feedback as to where the arch is placed. Motion by Councilmember Polehna, seconded by Councilmember Gag to direct Community Development Director Turnblad to work with the Washington County Historical Society and Veterans Memorial Committee on the possibility of moving the arch to the Veterans Memorial site, subject to submitting a plan and working with the Heritage Preservation Commission and neighbors regarding the location. Councilmember Milbrandt spoke to potential attractive nuisance issues, and Mr. Turnblad noted there are design issues as well. Councilmember Polehna amended his motion to give concept approval to the plan to give the arch to the Veterans Memorial Committee, with the Veterans Committee to come back with a plan and work with the HPC and neighbors for a final decision by the Council. Councilmember Gag amended his second. All in favor. Community Development Director Turnblad noted there was a conflict of interest in the low bid for the nuisance property contract and told the Council that the contract should be awarded to the next low bidder. He said the revised contract was on the Consent Agenda. Mayor Harycki commended Public Works for stripping of the turn lane by the hospital. Mayor Harycki also noted that Mn/DOT has moved the bridge project up to 2013 and may move it up more pending the report on the condition of the lift bridge footings and gussets. Mayor Harycki also stated he had information regarding traffic calming plans that he would pass along to Chief Gannaway and Public Works Director Sanders; the Mayor inquired as to whether staff had received any information about a traffic calming school that is offered. Mr. Sanders said the classes have not been offered recently by the University of Wisconsin, the former host for the classes. The Mayor asked staff to search professional publications for information. Finance Director Harrison reminded the Council of the upcoming budget-setting workshops, July 15 from 4:30 to 6 p.m. and July 22 beginning at 4:30 p.m. to about 10 p.m. City Administrator Hansen stated memos regarding a possible reorganization plan would be sent to the Council by the end of the week for review prior to the first budget meeting. He also told the Council that the preliminary budget is proceeding nicely. Page 3 of 8 City Council Meeting July 1, 2008 Councilmember Milbrandt reminded staff that the Council had indicated it does not want to go through the departmental budgets line item by line item; Ms. Harrison said she would eliminate line items and provide a summary by department. City Administrator Hansen said he fully intends to bring the Council a budget that meets the levy cap and said he hopes the process will be a little smoother this year. The meeting was recessed at 5:29 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Nyberg, seconded by Councilmember Polehna to approve the June 17,2008, regular meeting minutes. All in favor. OPEN FORUM Kathy Lohmer, endorsed Republican candidate for State Representative for District 56A, introduced herself to the Council. Don Fixmer informed the Council and audience that the St. Croix Jazz Band would be performing in Pioneer Park from 7 to 9 p.m. on July 4 and invited everyone to attend. CONSENT AGENDA* Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the Consent Agenda as presented. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 4 of 8 City Council Meeting July 1, 2008 Resolution 2008-86 directing payment of bills Possible approval to purchase multi-use rescue tool combination package for vehicle stabilization, extrication, confined space, elevator rescue and collapse shoring purposes for Fire Department Resolution 2008-87, approving name change from Oak Glen Limited Partnership, DBA: Oak Glen Country Club to Oak Glen LLC, DBA: Oak Glen Resolution 2008-88, approval of Software and Services Agreement with CarteGraph - Public Works Resolution 2008-89, approval of 2008-2009 Annual Contract for Mowing & Clean up Services with A-1 Maintenance Inc. PUBLIC HEARINGS This is the date and time for a public hearina to consider the transfer of an On-Sale and Sunday liquor license from Stillwater Restaurants. DBA: St. Croix Crab House to St. Croix Seafood Company. LLC. DBA: St. Croix Seafood Company. Applicant: Jeremv Scheffert. Notice was published in the Stillwater Gazette on June 19. 2008. City Clerk Ward noted there has been a name change, from St. Croix Seafood Company to St. Croix Seafood and Grill, and the resolution has been changed to reflect the new name. She stated any approval should be contingent upon successful leasing of the property, filing all required documentation, and final approval by Police, Fire, Inspection, Finance department and Liquor Control. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2008-90, approving transfer of ownership of the On Sale & Sunday Liquor Licenses from Stillwater Restaurants, DBA: St. Croix Crab House to St. Croix Seafood Company, LLC DBA: St. Croix Seafood & Grille. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None This is the date and time for a public hearinq to consider the 2008 Sidewalk Rehabilitation Proiect. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 20. 2008. Public Works Director reviewed the proposed project which includes 63 properties and about 4,650 square feet, primarily located on the North Hill and in the downtown area. He reviewed the criteria for inclusion in the project - tripping hazard, ones that are severely cracked, heaved, settled or misaligned. Cost is $49,000, with 50 percent of the cost proposed to be assessed to the property owners, an assessment rate of $5.30 per square foot. He noted that if approved, the plans and specs would be prepared for Page 5 of 8 City Council Meeting July 1,2008 possible contract award on Aug. 5, with construction in August and September and assessment hearing in September or October. Mayor Harycki opened the public hearing. Carol Peterson, 704 Linden St. W., stated there are no cracks in her sidewalk that is in the project area; there is a slight bit of leveling, she said. She wondered if the sidewalk would be lifted in some way or taken out. Mr. Sanders responded that the two panels in question would be removed and replaced with new concrete. Ms. Peterson pointed out the color of the new section will be different and wondered if there was some way to lift/shift the sections. Mr. Sanders responded that is not possible. Robyn Partch, general manager of Northern Vineyards, 223 N. Main St., stated there is not a single crack in any of the sections in front of Northern Vineyards, none of the sections are titled, lifted or depressed, and said he saw no reason why the sidewalk should be replaced. It was agreed to have staff visit the site. Mr. Sanders said staff would look at the sidewalk and meet with the property owner. No other comments were received, and the hearing was closed. Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to adopt Resolution 2008-91, ordering improvement and preparation of plans & specifications for the 2008 Sidewalk Rehabilitation Project (Project 2008-05), subject to review of the property at 223 N. Main Street. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None COMMUNICA TIONS/REQUESTS Mayor Harycki stated that Council had been asked to address the issue of sandwich boards in the downtown district in order to provide staff with clear direction as to whether to proceed with enforcement of signage/sandwich board ordinance. He said the City had just received a request from the Chamber to postpone enforcement of any sidewalk signage until October 31, to allow the Chamber to work with the Heritage Preservation Commission to come up with alternate plan. City Administrator Hansen explained that Council has visited this issue of sandwich boards several times but that he and staff remain unclear as to the direction of the majority of Council on the issue, and before sending out letters with a possible follow-up of administrative fines for violations, he wanted to make sure that is the Council's clear direction. Councilmember Polehna said from the last discussion on this issue, his understanding is that it is illegal to have sandwich board signs under City ordinance and according to state law on Minnesota highways. Councilmember Polehna also noted this issue has been discussed with the Chamber, and the Chamber was supposed to come up with a proposed policy before summer; he said he thought it was time to make a decision. Councilmember Nyberg questioned how the City could draft an ordinance or policy Page 6 of 8 City Council Meeting July 1, 2008 allowing sandwich boards on Main Street, a state highway, which the state says is illegal. Councilmember Gag agreed and felt that a legal opinion is needed, and said he would not promote the use of sandwich boards if that is in violation of state law. Councilmember Polehna pointed out that sandwich boards are in violation of the City's existing ordinance. Mayor Harycki said it was his understanding the Chamber is close to putting a proposal forth and is bringing the proposal to the HPC. Community Development Director Turnblad pointed out if an ordinance is involved, it would not go to the HPC, and it likely would go to the Planning Commission for public hearing. Mayor Harycki said he would like the HPC to look at the proposal, for its input, and then go to Planning. Councilmember Milbrandt suggested that until an opinion is received from City Attorney Magnuson, consideration of any alternate policy is premature. There was discussion about subjective enforcement. It was noted that when the City receives a request to hang a banner over Main Street, the City must submit a permit request to Mn/DOT for approval. Councilmember Nyberg said if the Council agreed that the existing ordinance shouldn't be enforced, then the ordinance ought to be revoked, but he said the City can't have a new ordinance (allowing sandwich boards) that is in direct violation of state law. Motion by Councilmember Nyberg to revoke the current sign ordinance; motion died for lack of a second. Motion by Councilmember Polehna, seconded by Councilmember Gag to continue working with the Chamber, obtain a legal opinion from City Attorney Magnuson, obtain information from the Mn/DOT, that the City not proceed with enforcement until the legal opinion is received on July 15; and then make a final decision. 3-2 (Councilmembers Milbrandt and Nyberg-nay) COUNCIL REQUEST ITEMS Councilmember Polehna stated the Human Rights Commission would like to recommend Eric Anderson, who works with the diversity programs for School District 834, as the recipient of this year's Human Rights Award. He asked that the Council accept the Human Rights Commission's recommendation. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to recommend Eric Anderson as the recipient of the Human Rights Award for 2008. All in favor. Councilmember Polehna expressed his interest in serving on the GEARS Committee described earlier in the meeting by Mr. Jambois. Mayor Harycki said he thought his name had been submitted for consideration, but the City could certainly submit Mr. Polehna's name as a second nomination. Councilmember Gag asked about any long-term plans for the old Public Works building/land by Lily Lake. Mr. Sanders stated there are no long-term plans at this point; the site currently is used for storage of equipment. City Administrator Hansen said there had been past discussion on this issue several years ago, and at that time, the Council Page 7 of 8 City Council Meeting July 1, 2008 decided it did not want to sell any additional City property; he stated that decision is certainly reviewable by Council at any time. ADJOURNMENT to executive session for performance review Motion by Councilmember Gag, seconded by Councilmember Polehna moved to adjourn to executive session at 7:40 p.m. All in favor. ATTEST: ~ 0 kbA- 'Diane F. Ward, City Clerk Resolution 2008-86 directing payment of bills Resolution 2008-87, approving name change from Oak Glen Limited Partnership, DBA: Oak Glen Country Club to Oak Glen LLC, DBA: Oak Glen Resolution 2008-88, approval of Software and Services Agreement with CarteGraph- Public Works Resolution 2008-89, approval of 2008-2009 Annual Contract for Mowing & Clean up Services with A-1 Maintenance Inc. Resolution 2008-90, approving transfer of ownership of the On Sale & Sunday Liquor Licenses from Stillwater Restaurants, DBA: St. Croix Crab House to St. Croix Seafood Company, LLC DBA: St. Croix Seafood & Grille Resolution 2008-91, ordering improvement and preparation of plans & specifications for the 2008 Sidewalk Rehabilitation Project (Project 2008-05) Page 8 of 8