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HomeMy WebLinkAbout2008-12-16 CC MIN . lwater THE ".T"'LACE OF MINNESOTA CITY COUNCIL MEETING December 16,2008 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 prese,nt: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders MIS Specialist Holman 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 December 1, 2008, regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Stillwater Girls Swimming & DivinQ Team Mayor Harycki read a proclamation honoring the Stillwater Girls Swim and Dive Team as the 2008 Minnesota State High School League Class AA state champions and designating Dec. 17,2008, as Stillwater Girls Swimming and Diving Team Day in the City of Stillwater. Mayor Harycki issued an appeal for the Stillwater Food Shelf. City Council Meeting December 16, 2008 OPEN FORUM Washington County Commissioner Gary Kriesel presented Councilmember Milbrandt with a Commissioner Service Award in appreciation of Mr. Milbrandt's eight years of public service on the Stillwater City Council. STAFF REPORTS Police Chief Gannaway provided an update on a traffic school in Madison, WI, he and Public Works Director Sanders attended. Chief Gannaway said the two-day seminar provided a lot of helpful information/ideas and that he and Mr. Sanders would report back later on possible ways to implement some of the ideas locally. Fire Chief Glaser explained why trucks are left running when ,out doing inspections - to prevent equipment from freezing up during cold weather. Chief Glaser also updated the Council on a recent assist to the Hudson, WI, department in responding to a warehouse fire. Public Works Director Sanders updated the Council on the fuel consortium program. He noted that 50 percent of the City's fuel costs have been allotted to the program. He stated the fixed fuel price for unleaded fuel will be $1.50 a gallon, with the diesel price $2.01 a gallon in 2009. Finance Director Harrison gave an overview of the City's budget through November 2008, including revenues and expenditures. She noted that revenues will be very close to what was budgeted, with actual operating expenditures at about 86 percent of budget through November. She also reviewed the status of the special funds - the St. Croix Valley Recreation Center, the Library and Parks funds and enterprise funds. Regarding the sanitary sewer fund, Ms. Harrison suggested revenues/expenditures indicate a rate adjustment may be warranted sooner, rather than later. . CONSENT AGENDA Mayor Harycki asked that item No.6, approvals of work orders for the Manning Avenue Project be pulled for discussion. Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to approve the Consent Agenda minus item NO.6 for discussion. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None 1. Resolution 2008-175, directing payment of bills 2. Resolution 2008-176, approving agreement with LuAnn Clark for cleaning services 3. Resolution 2008-177, approval of agreement with The Sand Creek Group, Ltd. Page 2 of 11 City Council Meeting December 16, 2008 4. Resolution 2008-178. renewal of Towing License for 2009 5. Possible approval of Temporary Liquor License - Valley Chamber Chorale - February 13-15, 2009 6. Resolution 2008-179, approval of work orders for the Manning Avenue Project 7. Resolution 2008-180, adopting delinquent sewer charg'es Project No. 0001 8. Resolution 2008-181, adopting delinquent garbage bill charges Project No. 0002 9. Resolution 2008-182, approving agreement with Hennepin Technical College Customized Training - Firefighter training Regarding item No.6, Mayor Harycki questioned why the City is being charged to relocate hydrants when Manning Avenue is a County project and the City donated right- of-way. Public Works Director Sanders responded that it is County policy that it is the City's responsibility to relocate the water main. Mr. Sanders pointed out that the cost of installation and relocation of the water main would be paid by the Water Board - the City's responsibility is just for the hydrant relocation. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2008-179, approval of work orders for the Manning Avenue Project. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None PUBLIC HEARINGS Case No. 08-40.This is the date and time for a public hearino to consider a request from Washinoton County Public Works for a street vacation request for a 166 x 30 foot portion of Panama Avenue and a 82 x 60 foot portion of Hubert St in the AP. Aoricultural Preservation District and any variances related thereto. Community Development Director Turnblad reviewed the request. He stated that this request stems from a desire by the County to clean up the boundaries of the Government Center campus. He noted there is an occupied dwelling on the portion of Panama Avenue in question, as well as sewer and water service running through the right-of-way area. He suggested it makes sense to approve the vacation request, but with two conditions - the provision of a public utilities easement and easement for access to the occupied home. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Nyberg pointed out that the last time there was a requested street vacation involving public utilities the request was denied. Motion by Councilmember Gag, seconded by Councilmember Milbrandt to adopt Resolution 2008-183, a resolution approving a street vacation for a Portion of Panama Avenue North and Hubert Street (Case No. 08-40), with the two conditions of approval. Page 3 of 11 City Council Meeting December 16, 2008 Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Case No. 08-49. This is the date and time for a public hearino to consider a request from Stillwater Select Properties. Greo Johnson for final plat approval of Select Senior Livino of Stillwater; approval of development agreement; first readino of a Zonino Ordinance text amendment to allow senior care livino facilities in the LR. Lakeshore Residential zonino district by Special Use Permit; and minor comprehensive plan amendment chanoino the future land use desionation of the proiect site from SFSL. Sino Ie Family Small Lot to SFLL. Sinole Family Laroe Lot for the property located at 12525 75th Street North in the AP. Aoricultural Preservation District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on November 28. 2008. Community Development Director Turnblad noted the preliminary plat was approved in September, as well as special use permit for the proposed facility in the Lakeshore District, zoning ordinance amendment allowing this type of use in a Shoreland Management District, and conceptual approval of rezoning to Lakeshore Residential. He reviewed four items that have come up as discussion points. Rezoning to Lakeshore Residential requires a Comprehensive Plan amendment and that is an issue that arises from the fact that Metropolitan Council is no longer accepting Comp Plan amendments from an entity that has not yet adopted its 2030 Comprehensive Plan, Mr. Turnblad noted. He pointed out that the City's 2030 Plan would not require an amendment; in the interim, however it is proposed that the land be rezoned to RB, a change that does not require a Comp Plan amendment, with an automatic mechanism that when the new Comp Plan amendment is adopted, the property will be zoned Lakeshore Residential, and an additional safeguard that this ordinance doesn't become effective until a building permit has been issued for this project. Mr. Turnblad reviewed measures taken to address a second issue related to trees. Mr. Turnblad also reviewed proposed park and trail dedication fees, noting this is an issue because the City's ordinance has no language related to dedication requirements for senior living facilities. A final issue addressed by Mr. Turnblad was Washington County's plans for traffic measures at County Road 12 and Minar Avenue and the traffic impact fee. Mayor Harycki opened the public hearing. Greg Johnson, Select Senior Living, offered to answer any questions the Council might have. No other comments were received, and the hearing was closed. Mayor Harycki suggested including language regarding "payment in lieu" in the development agreement to protect the City should the property at some time be sold to a not-for-profit entity. City Attorney Magnuson suggested this is a policy question for the Council, but suggested it would be a good idea to include some language in the development agreement that would allow the City to open up negotiations at the time of a future potential change in the status of the property. It was suggested the City develop a policy regarding "payment in lieu." Councilmember Milbrandt suggested putting a Page 4 of 11 City Council Meeting December 16, 2008 clause in the development agreement referencing the City's "payment in lieu (of taxes)" policy, which would enable this project to move forward while the policy is developed. Motion by Mayor Harycki, seconded by Councilmember Milbrandt to include language regarding a "payment in lieu" policy in the development agreement. All in favor. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2008-184, a resolution approving the final plat for Select Senior Living of Stillwater (Case No. 08-49) and draft development agreement and the first reading of Ordinance 1003, an ordinance amending the Stillwater City Code Section 31-300 Entitled District Boundaries Select Senior Living Of Stillwater Case 08-49 and Ordinance 1004, an ordinance amending the Stillwater City Code Chapter 31, Entitled Zonino Ordinance by adding "Senior Care Living Facility" in The Lakeshore Residential Zoning District as a Specially Permitted Use Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None UNFINISHED BUSINESS Possible approval of Stillwater Marathon - 2009 aoreement Jennifer Severson, Greater Stillwater Chamber of Commerce, stated the Chamber had hosted two informational meetings regarding the proposed marathon and the Board has voted to endorse the Stillwater Marathon with the requirements listed in its letter dated December 16,2008, noting that progress has been made in meeting the Chamber's requirements. Mayor Harycki referred to a letter in support of the marathon from the Convention and Visitors Bureau. Mayor Harycki questioned the wording of the revised marathon agreement related to the closing of parking lots, suggesting that might be left to the discretion of the Downtown Parking Commission to develop a specific plan. Councilmember Milbrandt suggested language: the City will establish parking closures in conjunction with the Stillwater Downtown Parking Commission and St. Croix Events and the Chamber. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt Resolution 2008-185, approving 2009 Stillwater Marathon Agreement with St. Croix Events, Inc., with the change in language of item 7(a) 1. as suggested. Mayor Harycki suggested specifying the dollar amount in Item No. 25, naming rights; it was agreed to change nominal consideration to $1.00. Councilmember Milbrandt amended his motion and Councilmember Nyberg his second, to include the change to the language of the Item No. 25 related to naming rights. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 5 of 11 City Council Meeting December 16,2008 Possible second readino of Ordinance 1002. an ordinance amendino Chapter 31. entitled Zoning Ordinance by chanoino reoulations related to siqnaoe in the BP-Business Park Zonino District. ' Community Development Director Turnblad noted the first reading was held at the previous Council meeting and nothing has changed since that time. He said the only additional question was whether the new regulations applied to the properties west of Stillwater Boulevard and that issue will be brought to the Planning Commission. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt Ordinance 1002, an ordinance amending Chapter 31, entitled Zoning Ordinance by changing regulations related to signage in the BP-Business Park Zoning District. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None NEW BUSINESS A resubdivision of one parcel back into the two orioinally platted lots located at 915 West Abbot Street. Ray Loida. Jr.. applicant. Community Development Director Turnblad reviewed the request, noting that this re- creates the originally platted lots and both lots meet all the standards for the RB zoning district. He noted that staff and the Planning Commission recommend approval with the four conditions. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2008-186, a resolution approving the resubdivision of property located at 915 Abbott St W (Case No. 08-48), as conditioned. Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Abstain: Councilmember Nyberg Possible approval of bids and awarding contract for Parkino Ramp , City Administrator Hansen stated bid opening for the parking ramp took place earlier in the day and was very pleased with the results. He noted that 8 bids were received, and the bids were very competitive. He said the recommended bid winner is AP Midwest LLC, with a base bid of $4,877,000. Mr. Hansen reviewed recommended bid alternates, including two deducts. Mr. Hansen stated he thought the bid with alternates provides the full project that was promised to the public, with all the external amenities, and noting that the total project cost will be less than the maximum $6 million cost previously targeted. There was discussion about the recommendation to bid equipment separately. Page 6 of 11 City Council Meeting December 16,2008 Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2008-187, accepting bids and awarding contract for parking ramp, awarding the contract to AP Midwest City Administrator Hansen asked if the motion included the recommended alternates. Councilmember Nyberg amended his motion to include the alternates, as did Councilmember Polehna. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None ' There was discussion about the number of parking spaces in the structure; Mr. Turnblad noted the bid, with recommended alternatives, provides for 283 spaces, but suggested that number could be increased slightly with the utilization of more compact vehicle spaces. Possible approval to carry over Capital Outlay Items a. MIS b. Fire Department c. Public Works, Parks, Streets, Sewer d. Recreation Center Mayor Harycki noted this is an end-of-the-year cleanup measure but pointed out that carrying the funds over does not mean they have to be expended. City Administrator Hansen agreed, noting that all expenditures are being carefully scrutinized per the Council's direction. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to approve the requested roll-over items. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Liberty Stop Sion Study Public Works Director Sanders reviewed the results of the traffic study done at Reunion Road and Newman Trail and Liberty Parkway and Country Road/Pioneer Place in the Liberty development. He noted that the opening of Manning Avenue reduced the traffic counts by about one-half, and he noted that the study indicates that stop signs are not warranted according to the criteria established by the Minnesota Manual on Uniform Traffic Control Devices. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to accept the traffic study and remove all temporary signs. Motion passed 3-2 (Councilmember Polehna and Mayor Harycki voting nay). Page 7 of 11 City Council Meeting December 16,2008 Police Chief Gannaway noted that at the recent traffic school he and Mr. Sanders attended, it was highly recommended that communities not use stop signs to solve traffic problems. Liohts relating to Lofts of Stillwater Public Works Director Sanders stated there have been some,problems with the lights, highway and pedestrian, in front of the Lofts at 501 N. Main St. He said Xcel Energy had fixed the highway lights but there was some confusion as to who is responsible for the repair of the pedestrian lights. Mr. Sanders noted the pedestrian lights were installed by the developer and without the approval of Xcel Energy or the City. He said Xcel has now indicated it will take over responsibility and repair the pedestrian lights, but at a cost of $7,000. He said the City has obtained an estimate for repair of the lights of $5,400, but that would mean the City would assume responsibility for ongoing maintenance of the lights. He said staff is recommending that Xcel do the repairs and take over maintenance of the lights, with the cost to be passed on to the developer. On a question from Councilmember Polehna, Mr. Sanders stated that he had not been in contact with the developer regarding this issue. Councilmember Milbrandt expressed a concern about proceeding without talking with the developer; City Attorney Magnuson stated the City would contact the developer and make every effort to convince them of their responsibility in this matter. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to table this matter and make an effort to resolve the issue with the developer. All in favor. Possible appointment to the Library Board City Clerk Ward stated the Library Board interviewed applicants and is recommending appointment of Leslie Jones and Kathy Stark to the two vacant seats and reappointment of Ann Wolff on the Library Board. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2008-188, appointment to Library Board. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible appointment/reappointment for Heritaoe Preservation Commission City Clerk Ward stated interviews were held by Councilmember Gag and HPC Chair Lieberman, with the recommendation to appoint Gerald Krakowski and reappoint Roger Tomten to the two openings on the Heritage Preservation Commission. Page 8 of 11 City Council Meeting December 16, 2008 Motion by Councilmember Gag, seconded by Councilmember Nyberg to adopt Resolution 2008-189, appointments to Heritage Preservation Commission. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible appointment/reappointment for Human Rights Commission Motion by Councilmember Polehna, seconded by Council member Nyberg to adopt Resolution 2008-190, appointment to Human Rights Commission, reappointing Jane Taves, with the interviews to be held with the other three applicants for the remaining open seats. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible adoption of resolutions for 2009 Budoet & Tax Levy Finance Director Harrison stated the numbers are the same as presented at the Truth- in-Taxation hearing. Mayor Harycki clarified that given the state of the economy, even if the budget is adopted, the City does have the right to reduce expenditures. Motion by Councilmember Nyberg, seconded by Councilmember Gag to adopt Resolution 2008-191, adopting the final budget for the Year 2009. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt Resolution 2008-192, adopting the final tax levy for the Year 2009. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of capital expenditure for portable digital recordino system used by Council. several commissions & Police Dept. Admin. Hearinos - Administration City Clerk Ward reviewed her request to purchase a portable digital recording system. She noted that currently a tape recorder, which was manufactured 10 years ago, is used for the Downtown Parking Commission, Human Rights, Charter Commission, and Joint Board meetings, Council workshops and executive sessions and Police Department administrative hearings. She cited the "pros" of the digital recording system versus a tape recorder. Motion by Councilmember Nyberg, seconded by Councilmember Gag, moved approval of the capital expenditure for a portable digital recording system. All in favor. Page 9 of 11 City Council Meeting December 16, 2008 Possible approval of capital expenditures: annual aoreement (web & email) & new phone system for St. Croix Recreation Center MIS Specialist Homan reviewed the request to renew the web and email agreement for the City and purchase a new phone system for the Rec Center. She noted the phone system at the Rec Center is in need of replacement - it is the original system and the Center has outgrown its capability. Councilmember Milbrandt pointed out that both are budgeted items. Motion by Councilmember Nyberg, seconded by Councilmember Mtlbrandt to approve the capital expenditure requests for the web and email agreement and new phone system for the St. Croix Recreation Center. All in favor. COUNCIL REQUEST ITEMS Councilmember Nyberg stated the Parks Commission is recommending to the Council that the basketball court at Staples Field be reopened on a half-court basis. He noted the court has been sitting unused for six years, which the Parks Commission feels is a poor use of parks facilities. Mayor Harycki noted there is a long history regarding this issue and referred to the equipment at Stonebridge playground and donation made by the City because there was no anticipated reopening of the basketball court at Staples. Mayor Harycki said before taking any action he would like to see the minutes of the Parks Commission. Councilmember Nyberg said he would be comfortable doing that but would like to make sure the issue moves forward. Councilmember Nyberg pointed out the Parks Commission conducted a survey looking for ideas on what the neighborhood would like to see and he wanted to be sure the discussion continues and there is not just an abandoned basketball court sitting idle. ADJOURNMENT Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adjourn at 9:20 p.m. All in favor. ATTEST: ~d~cL Diane F. Ward, City Clerk Resolution 2008-175, directing payment of bills Resolution 2008-176, approving agreement with LuAnn Clark for cleaning services Resolution 2008-177, approval of agreement with The Sand Creek Group, Ltd. Page 10 of 11 City Council Meeting December 16, 2008 Resolution 2008-178. renewal of Towing License for 2009 Resolution 2008-179, approval of work orders for the Manning Avenue Project Resolution 2008-180, adopting delinquent sewer charges Project No. 0001 Resolution 2008-181, adopting delinquent garbage bill charges Project No. 0002 Resolution 2008-182, approving agreement with Hennepin Technical College Customized Training - Firefighter training Resolution 2008-183, a resolution approving a street vacation for a Portion of Panama Avenue North and Hubert Street (Case No. 08-40) Resolution 2008-184, a resolution approving the Final Plat for Select Senior Living of Stillwater (Case No. 08-49) Resolution 2008-185, approving 2009 Stillwater Marathon Agreement with St. Croix Events, Inc. Resolution 2008-186, a resolution approving the resubdivision of property located at 915 Abbott St W (Case No. 08-48) Resolution 2008-187, accepting bids and awarding contract for parking ramp Resolution 2008-188, appointment to Library Board Resolution 2008-189, appointments to Heritage Preservation Commission Resolution 2008-190, appointment to Human Rights Commission Resolution 2008-191, adopting the final budget for the Year 2009 Resolution 2008-192, adopting the final tax levy for the Year 2009 Ordinance 1002, an ordinance amending Chapter 31, entitled Zoning Ordinance by changing regulations related to signage in the BP-Business' Park Zoning District. Page 11 of 11