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CITY OF STILLWATER
CITY COUNCIL MEETING
JULY 15, 2008
SPECIAL 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
Finance Director Harrison
OTHER BUSINESS\
BudQet Discussion
Councilmember Milbrandt asked about the direction given to department heads in preparing
their budget requests. City Administrator Hansen said staff was asked to submit budget
requests that were flat in the items they can control, noting that the City has no control over
such things as the price of gas or increases due to contracts. Finance Director Harrison
reviewed her memo, which listed the significant operating increases in each department's
budget; she noted that most of the increases are personnel related. Mayor Harycki asked
about any measures taken to control fuel consumption.
Fire
Chief Glaser responded to the Mayor's question about fuel consumption. Chief Glaser said the
major step was the purchase of the small, quick-attack pumper which saves a considerable
amount of fuel; he also said the department does not send multiple vehicles on calls unless
needed, but he noted the volume of calls is increasing.
Chief Glaser reviewed his proposed operational budget. He said the budget request is flat
except for personnel costs, fuel and the MHz radio system. There was discussion of the cost of
the radio system. Mayor Harycki questioned the proposed purchase of a Chevy Tahoe for use
as command vehicle/chief response. Chief Glaser explained the need for space to carry
required gear; there was additional discussion about vehicle needs. Mayor Harycki called for
looking at additional options before approving the requested vehicle purchase; Councilmember
Nyberg encouraged those who questioned the need for the requested vehicle to spend some
time in the fire department to see first-hand what is needed.
Mayor Harycki asked about the amount of revenue being generatecf by the new fire inspection
fees imposed last year. Chief Glaser said that as of the end of June, the fees had generated
$18,596; Finance Director Harrison said it is anticipated the fee will generate about $50,000 for
the year. Mayor Harycki called for eliminating the fees. Chief Glaser noted that last year
departments were asked to look at ways to generate additional revenue. The inspections have
to be done, he noted, and spoke of the cost involved in doing the required inspections. City
Administrator Hansen suggested staff could look at some fee options before adoption of the
preliminary budget.
City Council Meeting
July 15, 2008
City Administrator Hansen pointed out $100,000 is in the budget forcontinued work on a new
fire hall, whether for site work or down payment on a contract for deed or other work. Chief
Glaser reviewed his memo related to the need for a new fire hall. Councilmember Polehna
noted there is $25,000 in carry-over funds for the fire hall study. City Administrator Hansen
said the $100,000 was included to initiate the discussion of whether the Council wishes to
proceed with developing a new fire hall at some point in the future, noting that if land isn't
secured now, and the opportunity will be gone. It was noted that the City could bond for
property, outside of this budget deliberation.
The discussion regarding the proposed fire budget was summed up that there are three major
issues remaining - the vehicle purchase, inspection fees, and the $100,000 related to a future
new fire hall.
Police/Civil Defense/DARE/ParkinQ
Mayor Harycki asked Chief Gannaway about his department's fuel consumption. Chief
Gannaway stated all cars are shut off, unless there are severe weather conditions. The Chief
said the motorcycle is being used more this summer for traffic enforcement. He said they are
also looking at the option of bulk buying fuel, either through a consortium or the state. Chief
Gannaway also responded to a question about the parking enforcement vehicle, saying it is a
multi-purpose vehicle and was paid for through parking funds. Mayor Harycki reviewed Ms.
Harrison's memo about major increases - gas, personnel costs, and MHz radio system. There
was discussion about the number of radios. The capital budget request also was reviewed.
There was discussion of a fuel-efficient vehicle for use as the unmarked car.
City Administrator Hansen stated the budget for Civil Defense is unchanged, and DARE is a
small budget ($2,500). Parking also is unchanged. City Administrator Hansen called the
parking program a success, now that the City has taken it over from a private vendor.
Community Development
Mayor Harycki reviewed Ms. Harrison's memo. It was noted Community Development's budget
is down from last year. Councilmember Nyberg asked about projections for building
inspections in 2008. Community Development Director Turnblad said fees are up, partly due to
the Washington County project, but also due to home improvement/remodeling projects; he
said he anticipated about the same in 2009. It was noted there was no vehicle replacement
request in this department.
The meeting was adjourned at 5:45 p.m.
REGULAR 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
City Attorney Magnuson
Community Development Director Turnblad
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City Council Meeting
Finance Director Harrison
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
City Clerk Ward
July 15, 2008
PLEDGE OF ALLEGIANCE
Mayor Harycki led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Councilmember Gag, seconded by Councilmember Nyberg to approve the July 1,2008,
regular, recessed and Executive Session meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Presentation of Human RiQhts Award to Eric Anderson
Mayor Harycki presented the annual Human Rights Award to Eric Anderson in recognition of
his efforts at helping children, teachers, students and parents explore diversity issues. Mr.
Anderson expressed his appreciation for the award and stated that none of the work he does
would be possible without the support of the District 834 School Board, school district
administrators and the widespread support of the staff and student body. Councilmember
Polehna stated the Human Rights Commission was very impressed with the work Mr.
Anderson does in District 834 schools and pleased to recognize his efforts with the Human
Rights Award.
Youth Service Bureau - Paul Weiler
Paul Weiler, executive director of the Youth Service Bureau, gave a presentation highlighting
the programs, outcomes and mission of the agency and asking for the Council's continued
funding support. He concluded his presentation by pointing out that a recent study indicates
that for every dollar spent on early intervention and prevention programs, such as offered by
the Youth Service Bureau, results in a return of $8.18 to the community. He noted that the
Youth Services Bureau partners with School District 834 in many of its programs, and he
offered his congratulations to Eric Anderson, as well.
Community Volunteer Services & Senior Centers - Valerie Jones
Valerie Jones, executive director of Community Volunteer Services & Senior Centers, gave a
presentation highlighting the history, mission and programs of the agency. She also shared
some of the highlights of the agency's recent year of service to the community and asked for
the City's continued funding support.
Proclamation: National NiQht Out (AuQust 5.2008)
Mayor Harycki read a proclamation designating August 5, 2008, as National Night Out in the
City of Stillwater.
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City Council Meeting
July 15, 2008
OPEN FORUM
Tom Loome, Chestnut Street Books, spoke to the signage issue in the downtown area. He
questioned why the Council was worrying about signs, stating it is an old Stillwater tradition to
have many signs. He said signs waken the illusion of activity and are particularly helpful for
businesses not on Main Street.
The resident of 110 S. Sherburne St. spoke of the issue of excessive speeding and noise. She
noted that Sherburne Street is often used as a cut-through street. She said she had
communicated her concerns to her Council representative, the Chief of Police and Mayor. She
said a speed radar sign was subsequently placed on the street, and she said drivers took
notice of the sign and slowed down. When the sign was removed, the speed increased again,
she said. She said in the Mayor's response to her e-mail of concern, he indicated the City had
considered traffic calming options and she encouraged the Council to reconsider what the
traffic calming options are for Sherburne as well as Owens and Myrtle. She noted there is a lot
of traffic in the Owens/Myrtle area, vehicle as well as pedestrian traffic. Mayor Harycki briefly
spoke of the City's radar check-out program, and also noted the Council is looking for a traffic
calming school that police and public works staff could attend.
Ellie Samuelson, 904 S. Third St., thanked the Council for honoring ,Eric Anderson with the
Human Rights Award.
STAFF REPORTS
Police Chief Gannaway encouraged neighborhoods to hold a block party on National Night Out
and said every attempt would be made to have an officer and fire equipment show up at the
gatherings. Mayor Harycki asked Chief Gannaway for an update on the enforcement of the
City's noise ordinance. Chief Gannaway said he had just requested.officers, particularly the
motorcycle officers, to step up enforcement. Councilmember Polehna expressed a concern
about vehicle speed through neighborhoods due to the Manning Avenue detour as well as
signage for businesses affected by the detour; he said he had contacted the Washington
County Highway Department regarding his concerns and said the County will be installing
additional signage directing vehicles to the businesses, but said there is still a concern about
the speed of vehicles entering Legends and Liberty developments. Councilmember Polehna
asked the Chief to step up patrols and be proactive regarding the speed issue. Mayor Harycki
agreed with Councilmember Polehna's concerns about speeding. .
Fire Chief Glaser reported that the fire department cannot cross the lift bridge due to the recent
damage. He noted Stillwater's Fire Department has a mutual aid agreement with St. Joseph
Township, and St. Joseph's vehicles cannot enter Stillwater either. He said for the Lumberjack
Days fireworks, vehicles will have to go to Hudson to cross the river.
City Clerk Ward stated that candidate filings closed at 5 p.m. July 15, and she listed those
candidates who had filed for office. She noted the Ward 2 council position will be on the
primary ballot on Sept. 9.
Public Works Director Sanders reminded the Council and audience the lift bridge will be closed
July 16-22, reopen for Lumberjack Days, and close again to traffic July 28 through the
completion date, which MnDOT estimates to be Aug. 8. Mayor Harycki pointed out there is a
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City Council Meeting
July 15, 2008
section of concrete on the lift section that is damaged; Mr. Sanders said he would
communicate that to MnDOT. Councilmember Milbrandt pointed out that when the bridge
reopens for Lumberjack Days, traffic will still be restricted to cars and light trucks.
City Administrator Hansen told the Council that he and all department heads have been taking
emergency management training, which includes three internet training sessions and a two-
day class, one day of which is scheduled the same day as the Council's first meeting in
August.
CONSENT AGENDA*
Motion by Councilmember Milbrandt, seconded by Councilmember Gag, moved approval of the
Consent Agenda.
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
Resolution 2008-92 directing payment of bills
Possible approval to purchase a printer - Administration Department
Possible approval of utility bill adjustments
Resolution 2008-93, resolution to enter contract between Washington Conservation District
for the East Metro Water Resource Education Program (EMWREP)'
Acceptance of Board of Water Commissioner's Financial Statement for period ending
December 31,2006 and 2007
PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10
minutes or less.
UNFINISHED BUSINESS
Discussion on sandwich board/siQns
City Attorney Magnuson reviewed his memo related to sign boards on Main Street. He noted
the City's current ordinance prohibits sign boards. He said the Council could amend the
ordinance to regulate the signage, but that does not address the issue of state law which
prohibits advertising or other signage in the state right-of-way. He pointed out the right-of-way
goes from building face to building face on Main Street; he suggested the City could ask
MnDOT to amend its Order describing the right-of-way to exclude the sidewalk and establish
the right-of-way at the street curb. He stated his recommendation against having regulations
that are not enforced or are enforced selectively, which he said is bad for the administration of
justice and for the confidence people have in local government.
Mayor Harycki asked about the process for requesting MnDOT to change the right-of-way. City
Attorney Magnuson suggested it would be appropriate to pass a resolution directing staff to
prepare the necessary paper work for changing the Order for the right-of-way. Councilmember
Polehna said he thought it would be a good idea, noting that the City currently is responsible
for maintaining the sidewalks and ought to have control of them.
Page 5 of 9
City Council Meeting
July 15, 2008
Motion by Councilmember Polehna, seconded by Mayor Harycki to direct staff to proceed with
preparing the appropriate paperwork to change the right-of-way.
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
Councilmember Milbrandt asked about the course of action until the City hears back from
MnDOT. There was discussion about the City's existing ordinance and state statute. Mayor
Harycki noted the Chamber has prepared a compromise position regarding sign boards.
Councilmember Gag suggested there needs to be a lot of work and thought put into
developing guidelines/ordinances to ensure the City has a safe and attractive street system.
Councilmember Milbrandt asked what steps had been taken regarding enforcement.
Community Development Director Turnblad said informational brochures had been sent, but
no follow-up letters to businesses in the downtown area at this time. Mayor Harycki spoke
against the current ordinance and in favor of developing new regulations. Councilmember
Nyberg spoke in favor of repealing the current ordinance and then developing new regulations
for sign boards, saying the City can't turn its back on an ordinance that is on the books.
Councilmember Polehna agreed the City shouldn't selectively enforce its ordinances and
suggested referring the issue to the Heritage Preservation Commission and/or the Planning
Commission to develop new guidelines.
Councilmember Milbrandt pointed out the Council will be receiving a recommendation from the
Planning Commission to revisit the ordinances related to signage in the Highway 36 corridor
and until such times as that is done, the Planning Commission is recommending that the
ordinances not be enforced in that area. Councilmember Milbrandt said he would not be
opposed to turning a deaf ear to enforcement of the ordinances and taking the winter months
to develop new, sensible regulations/policies. Councilmember Milbrandt suggested appointing
a task force with representatives of Planning and Heritage Preservation Commissions,
downtown business owners/Chamber, and a Council representative.
Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to appoint a task
force to look at the downtown's use of sidewalks, with the task force, to include two
representatives from the HPC, two representatives from Planning Commission, two
representatives nominated by the Chamber, two citizens at large, and one Councilmember.
Councilmember Milbrandt added a due date of the first week in December for a
recommendation to Council. All in favor.
Motion by Councilmember Nyberg, seconded by Councilmember Polehna, to appoint
Council member Gag as the Council representative on the task force. All in favor.
Councilmember Nyberg asked about the status of the current ordinance and whether if would
be enforced. Councilmember Milbrandt suggested requesting that local businesses present
themselves to the best of their ability to visitors during the Republican National Convention and
Lumberjack Days. City Attorney Magnuson suggested the City should still be able to respond
and enforce the ordinances in instances of public safety while the task force study is under
way. Councilmember Gag asked that the task force study address the issues of appropriate
cigarette containers and cleaning of sidewalks; Councilmember Nyberg asked that sidewalk
chalk drawings be added to the agenda.
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City Council Meeting
July 15, 2008
NEW BUSINESS
Noise Variance Request - Lisa McNeil - 1309 Meadowlark Drive
City Clerk Ward stated Ms. McNeil has requested a variance to the noise ordinance until 11 or
11 :30 p.m. to provide for enough time for cleanup after a family reunion/graduation/pool party.
Councilmember Milbrandt pointed out there is a misconception that a variance gives carte
blanch to have music as loud as they want, but if a complaint is received after 10 p.m., police
will still investigate. City Clerk Ward said she would indicate in her response to Ms. McNeil that
if any complaints are received, police will respond.
Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to grant the variance until
11 :30 p.m., with the condition noted that police will respond to any complaints. All in favor.
Possible approval of plans & specifications and authorization for bids for 2008 Sidewalk Proiect.
Councilmember Nyberg asked if staff had checked on the parcel in question on Main Street.
Public Works Director Sanders responded in the affirmative and said that owner was
incorrectly notified the parcel would be in the project.
Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution
2008-94, to approve plans & specifications and ordering advertisement for bids for the 2008 Sidewalk
Rehabilitation Project (Project 2008-05).
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
Possible adoption of resolution supportinQ a permanent height reduction for Stillwater Lift BridQe
Mayor Harycki stated this issue came up in conjunction with efforts to get truck traffic off Main
Street and out of downtown. He noted that state legislators will not support a permanent ban
on trucks, so requesting MnDOT to keep the temporary height restrictions, 8'6" down from
13'2", was seen as a possible alternative. Council member Gag suggested exempting public
service vehicles. Mayor Harycki said he was suggesting sending a letter to MnDOT and the
City's state legislators requesting a permanent reduction in the height limitation, with an
exemption for public safety vehicles. Councilmember Milbrandt asked that a draft of the letter
be submitted to Council at the next meeting for review.
Discussion on meetinQ dates
Mayor Harycki stated there are some meeting date conflicts due to the upcoming elections.
City Clerk Ward noted that the first Council meeting in August has been moved to the second
Tuesday of the month due to National Night Out; she asked if the Council wished to keep the
date as the second Tuesday or change it to the first Monday, August 4. Several members
indicated they will be out of town that week, and it was agreed to leave the meeting as the
second Tuesday. City Clerk Ward asked that the Council consider meeting on Tuesday, Oct.
28, as November 4 is the general election and the following Tuesday is Veterans' Day.
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City Council Meeting
July 15, 2008
Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to move the first meeting
in November to Tuesday, October 28, 2008. All in favor. .
City Clerk Ward also noted their will be a municipal primary election and asked the Council to
set the meeting of the Canvassing Board for 8 a.m. September 11 and the Canvassing Board
for the general election for 8 a.m. November 6.
Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to schedule the
Canvassing Board meetings as requested by City Clerk Ward. All in favor.
Capital Day at the State Fair
Mayor Harycki told the Council the City has received an invitation from the Sesquicentennial
Committee to have representation at the State Fair in recognition of the City's status of runner-
up for Capitol for a Day. The Chamber and CVB will have space at the Fair to pass out
literature promoting Stillwater. Mayor Harycki also stated the City had been invited to
participate in the parade that day. Chamber Executive Director Jennifer Severson said the
Chamber was willing to coordinate efforts for Capitol for a Day if someone from the City would
provide some input. She said there is an opportunity to have a float in the parade, August 24,
as well as the informational booth. She invited volunteers from the community as well as from
the Councilor staff to help.
COMMUNICA TIONS/REQUESTS
Councilmember Nyberg said the group seeking to find a place for an indoor skate park is under
some time constraints as to how long they might be able to hold their spot and the donated
ramps. Mayor Harycki said he had talked with the landlord and believed the space had been
leased to a different party, so the main issue at this point is the ramps. Mayor Harycki
explained the issue is finding a location where an indoor skate park is a permitted use under
the City's zoning ordinance. Community Development Director Turnblad said the core issue is
that the property that had been leased is zoned for office uses only: Mr. Turnblad said the
City's skate park is located a short distance away but is zoned differently. City Administrator
Hansen noted there are also some fire code issues related to the ramps. It was agreed that
Councilmember Nyberg and Mr. Turnblad would look into the issue further and try to find a
suitable location.
COUNCIL REQUEST ITEMS
Councilmember Polehna asked staff if the City has a tree planting program, similar to its bench
program, as he had been contacted by someone interested in donating some trees to the City.
Councilmember Polehna provided a brochure and suggested the City might want to consider
having some type of memorial tree planting program.
Page 8 of 9
City Council Meeting
July 15, 2008
STAFF REPORTS (continued)
Finance Director Harrison stated that due to the change in the first meeting in August, there
will be a four-week lag between payment of bills. To avoid late payment fees, she asked
Council approval to issue manual checks for those bills that would result in late payment fees.
Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the issuance
of the manual checks as needed. All in favor.
Public Works Director Sanders noted the lift bridge would close at 9 a.m. July 16 and reopen at
5 a.m. July 23.
ADJOURNMENT
Motion by Councilmember Nyberg, seconded by Councilmember Polehna, moved to adjourn at 8:30
p.m. All in favor.
ATTEST:
A~ d tUucL-
Diane F. Ward, City Clerk
Resolution 2008-92 directing payment of bills
Resolution 2008-93, resolution to enter contract between Washington Conservation District
for the East Metro Water Resource Education Program (EMWREP)
Resolution 2008-94, approve plans & specifications and ordering advertisement for bids for
2008 Sidewalk Rehabilitation Project (Project 2008-05).
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