Loading...
HomeMy WebLinkAbout2009-01-06 CC MIN ater THE IlnHHUE GF .,NNElOTA CITY OF STILLWATER CITY COUNCIL MEETING January 6, 2009 7:00 P.M. REGULAR MEETING 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 Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to approve the December 16, 2008, City Council regular meeting minutes. All in favor. OTHER BUSINESS Oath of Office for Newly Elected Members of Council City Clerk Ward administered the oath of officer to newly-elected Councilmembers Micky Cook and Jim Roush. ADJOURN Mayor Harycki adjourned the meeting at 7:04 p.m. CALL TO ORDER Mayor Harycki called the meeting to order at 7: 18 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson City Council Meeting January 6, 2009 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. RECOGNITION OF OUTGOING COUNCILMEMBERS Adoption and Presentation of Resolution commendinq Adam Nyberq Adoption and Presentation of Resolution commendinq Wally Milbrandt Mayor Harycki presented and read resolutions honoring outgoing Council members Wally Milbrandt and Adam Nyberg for their service to the City and community. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009-06, Commending Councilmember Wally Milbrandt and Resolution 2009-07, Commending Councilmember Adam Nyberg. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS St. Croix Valley Community Foundation -Introductions of Cultural & Historical Space Needs Assessment - Jill Shannon & Jessica Pack Jill Shannon of the St. Croix Valley Community Foundation gave a presentation about a cultural needs assessment the Foundation and seven other arts organizations in the greater Stillwater area are involved in. Ms. Shannon explained the idea that the arts are "homeless" has been cited frequently to make the case for a new arts facility in the region. She said the unknown is what type of "home" that facility should be. For the past several months a task force of seven organizations, including Art Reach Alliance, Lake Elmo Regional Arts Center, Stillwater Area School District, and Phipps Center for the Arts, Trinity Lutheran Church, Theater Associates, and Valley Chamber Chorale, has been studying that question. She stated that ultimately the assessment will include all 22 area arts and cultural associations. She reviewed the needs for the study, including the importance of the arts to the local economy, duplication of efforts, and the need to know whether the local organizations can support a facility if one is built. She said the needs assessment is intended to answer two basic questions: what is needed programmatically and what type of facility can be sustained. Ms. Shannon said the task Page 2 of 12 City Council Meeting January 6, 2009 force is working with Arts Space of Minneapolis, a non-profit arts organizations and real estate developer for the arts. She reviewed the phases of the needs assessment/study. She stated the total cost for the study is about $56,000, with funding from a variety of sources, including the participating organizations, foundations, individuals and local communities. She stated more than half of the cost has been raised to date. She stated the municipal entities (12) in the area are being asked to cover 20 percent of the total cost with the individual contributions based on a per capita basis. Based on that formula (22.5 cents per person), and that Stillwater's contribution would be $4,000 and asked that the Council consider contributing that amount. Mayor Harycki asked about the response from other communities. Ms. Shannon stated Oak Park Heights has pledged its support and Lake Elmo is considering a possible contribution. After additional discussion, Mayor Harycki stated the City would consider the request when additional budget information becomes available from the State. OPEN FORUM Brendon Strine addressed the Council regarding a property at 702 W. Churchill St. He stated his company is currently involved with a rehab project of the property at 702 W. Churchill; and that his company has been having a few "disconnects" with the City staff in Planning and Building departments. He reviewed the project, with photos of the home and plans for the rehabilitation of the structure. Councilmember Gag asked if plans had been reviewed by the Heritage Preservation Commission; Mr. Strine stated the plans had not officially gone before the HPC. Mr. Strine explained that originally the project was intended as a remodeling project and application was made, and granted, for remodeling. However, it was determined there was not a whole lot of the structure that could be saved. He stated that because the project was issued a remodeling permit, that permit was revoked and they lost their financing. After working with City staff, a solution was reached to demolish the rear portion of the home and remodel the front portion according to plan. He said they did apply for, and received, a demolition permit and obtained new financing. He said when they took the rear portion of the house down, it was discovered the foundation was in danger of collapse and they applied for a foundation permit, which was granted. He stated he was told by City staff that the roof portion of the house was covered by the remodeling permit and if it had to be removed to accommodate the remodeling or due to structural issues that could be done. He showed photos of the floor and walls to show the condition of the interior. He explained that he went through great lengths to salvage what could be saved of the original structure. He stated that they have been notified the project will be red-tagged and he will be fined because too much of the house has been demolished and they are not following plans. Mayor Harycki spoke of the City's process involving the Heritage Preservation Commission. Community Development Director Turnblad suggested there are two issues involved: the issuance of a demolition permit if an entire structure is to be taken down and design review of the replacement structure, both of which require approval by the Heritage Preservation Commission. . Page 3 of 12 City Council Meeting January 6, 2009 Mayor Harycki referred the issue to the Planning and Building departments and the Heritage Preservation Commission. STAFF REPORTS Public Works Director Sanders stated an open house hosted by the Stillwater Lift Bridge Advisory Commission of the Minnesota Department of Transportation and Wisconsin Department of Transportation was scheduled for 5-7 p.m. Jan. 8 at Stillwater Junior High School. Finance Director Harrison reviewed levy limit calculations. Mayor Harycki asked about the affect of state aid reductions. Ms. Harrison stated there is no impact on the levy limit due to the loss of LGA in 2009 - the levy limit remains the same, so the City will have to reduce expenditures or increase revenue to compensate for the loss of any LGA and unless the Legislature acts, the 2009 levy limit could be carried over to 2010. City Administrator Hansen summed up the situation: the City levy limit was artificially lowered based on money the City will not receive. CONSENT AGENDA Mayor Harycki asked about an item regarding the purchase of "adult" books. Finance Director Harrison explained the item relates to the purchase of adult fiction books for the Library. Councilmember Polehna asked about the final payment for the Boutwell Road project and whether all problems had been resolved; Public Works Director Sanders responded in the affirmative. Councilmember Cook asked about the cost of storm water pond maintenance and excavation. City Administrator Hansen explained that the bill for the storm water pond excavation was really three bills for work done by the company in question, including work on the Boutwell Road construction project and the Eagle Ridge road project. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the Consent Agenda. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki. Nays: None 1. Resolution 2009-01, directing payment of bills 2. Resolution 2009-02, accepting work and ordering final payment for Boutwell Road Phase 3 Project (Project 2005-05B) 3. Resolution 2009-03, accepting work and ordering final payment for 2007 Street Improvement Project (Project 2007-02) 4. Resolution 2009-04, approval of arbitrage compliance - engagement letter 5. Resolution 2009-05, designation of depositories for 2009 Page 4 of 12 City Council Meeting January 6, 2009 6. Possible approval of utility billing adjustments PUBLIC HEARINGS This is the date and time for a public hearinq to consider the transfer of a Wine & Stronq Beer liquor license from Bricco di Vino. Inc.; DBA: Cesare's Wine Bar to Domacin LLC. DBA: Domacin Wine Bar located at 102 S. 2nd Street. Richard Hoch. applicant. Notice was published in the Stillwater Gazette on December 22. 2008. City Clerk Ward reviewed the request for the transfer and that stated approval is contingent on approvals of the Police, Finance, Fire, Building departments and Minnesota Liquor Control. Mayor Harycki opened the public hearing; no comments were received, and the hearing was closed. Motion Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2009- 08, approving transfer of ownership of the Wine & Strong Beer Liquor License, to Domacin LLC. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS Possible 2nd readinq of Ordinance 1003. an ordinance amendinq the Stillwater City Code Section 31-300. entitled district boundaries & Ordinance 1004. an ordinance amendinq the Stillwater City Code Chapter 31. entitled Zoning Ordinance by adding "Senior Care Living Facility" in the Lakeshore Residential Zoninq District as a Specially Permitted Use and approval of the Development Aqreement Mayor Harycki stated the applicant has requested that this item be withdrawn from the agenda. Community Development Director Turnblad stated this item would be on the agenda for the January 20 Council meeting. Councilmember Roush asked about any impact on emergency services, financially and resource wise, should this project moved forward. Fire Chief Glaser responded that a 10 1-unit senior living complex will generate call volume for the Fire Department, although he isn't sure percentage-wise what the increase will be. Councilmember Roush asked if current staffing would be able to handle the increase; Chief Glaser responded that if current staffing levels are maintained, the department should be able to accommodate that. Councilmember Roush asked if costs of emergency calls are reimbursable in any way; Chief Glaser responded the City does not change for emergency response. Page 5 of 12 City Council Meeting January 6, 2009 NEW BUSINESS Desiqnation of Vice Mayor Motion by Councilmember Gag, seconded by Councilmember Cook'to adopt Resolution 2009-09, designating Council Vice Mayor, appointing Councilmember Polehna as vice mayor. Ayes: Councilmembers Cook, Gag, Roush and Mayor Harycki Abstain: Councilmember Polehna Desiqnation of Council representatives for Boards/Commissions & Lumberiack Days Committees Councilmember Roush expressed interest in serving on the Joint Cable Commission, the Lumberjack Days music committee and the Joint Board. Councilmember Cook expressed interest in serving on the Heritage Preservation Commission and Lumberjack Days advisory committee. Councilmember Gag stated he would be willing to serve on the Planning Commission. Mayor Harycki stated he would like to continue as representative on the Convention and Visitors Bureau, as well as the Joint Board. Councilmember Polehna volunteered to serve on the Parks Board and Middle st. Croix Watershed Management Board. Councilmember Gag volunteered to serve on the Lumberjack Days advisory committee and the Downtown Parking Commission. After discussion, it was agreed that Councilmember Polehna should continue to serve on the Human Rights Commission. Motion by Councilmember Roush, seconded by Councilmember Polehna designating Council representatives: Councilmember Roush - Joint Cable Commission, Lumberjack Days music committee & Joint Board; Councilmember Gag - Planning Commission, Downtown Parking Commission, and Lumberjack Days advisory committee; Councilmember Cook - Heritage Preservation Commission & Lumberjack Days Advisory Committee; Councilmember Polehna - Parks Commission, Human Rights Commission & Middle St. Croix Watershed Management Board; Mayor Harycki - Convention & Visitors Bureau & Joint Board All in favor. Mayor Harycki raised the issue of non-voting membership, versus voting membership, on the Heritage Preservation and Human Rights commissions and wondered what steps would need to be taken to change that. City Attorney Magnuson said he believed that could be accomplished by ordinance. Mayor Harycki asked this be placed on the next Council agenda. Councilmember Roush noted there are term limits for some advisory boards and no limits for others. He moved to look at implementing term limits across the board. Councilmember Gag pointed out there is some boards/commissions where it is difficult to fill vacancies. It was decided to consider this issue further at the January 20 meeting. Page 6 of 12 City Council Meeting January 6, 2009 Mayor Harycki suggested the possibility of forming a downtown committee to look into developing policies, such as special event fees and other issues, for events that place in the downtown area. Mayor Harycki suggested possible membership including representatives from the Chamber Board, downtown business owners, 1 or 2 Councilmembers, and several citizens at large. After discussion, it was suggested that rather than an ongoing committee, appointment of a task force that would be dissolved once policies are adopted might be a better approach. Councilmember Polehna suggested it would be shortsighted to focus only on policies for special events in the downtown, pointing out such events could take place at the Recreation Center or other locations in the community. It was decided to place this issue on the agenda for the next Council meeting, with Councilmembers to forward comments/thoughts on a possible mission statement for such a task force in the interim. Discussion Interim parkinq plan - Chestnut Buildinq Parkinq Lease Community Development Director Turnblad reviewed a proposed interim parking plan, including a lease for six spaces in the Chestnut Building parking lot that will be in place during construction of the municipal parking ramp. He stated the Downtown Parking Commission worked with some of the major impacted businesses in developing the plan and key elements of the plan have been shared with surrounding business owners. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2009-10, approval of Chestnut Building Parking Lease, as presented. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of resolution providinq for the competitive neqotiated sale of $1.445.000 General Obliqation Capital Outlay Bonds. Series 2009A City Administrator Hansen explained that the City sells a capital improvement bond for capital purchases every year. He noted a listing of how the funds are to be spent was included in the agenda packet, and he noted the expenditures have been previously approved by the Council as part of the five-year CIP as well as during the annual budget process. However, he pointed out that just because the items have been approved does not mean staff can just go out and buy something - all purchases must be approved again by the Council. While unspent funds can not be rolled over to operating funds, the funds can be rolled over to the following year's capital purchases. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009-11, resolution providing for the Competitive Negotiated Sale of $1 ,445,000 General Obligation Capital Outlay Bonds, Series 2009A. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 7 of 12 City Council Meeting January 6, 2009 Desiqnation of legal newspaper for 2009 City Clerk Ward reviewed quotes received from three publications and staff's recommendation to utilize the Stillwater Evening Gazette for legal publications and the Stillwater Courier for publication of proceedings. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2009-12, designating the Stillwater Gazette (Legal Publications) and the Stillwater Courier (Proceedings) as the City's Legal Publication and approving contract with the Stillwater Gazette and Stillwater Courier for 2009 Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval to purchase handquns - Police Department Chief Gannaway noted this request was included in his department's 2009 capital outlay budget. He explained why the request is to purchase 28 handguns, while there are only 24 sworn officers on staff. He also noted the current handguns are almost 15 years old and requiring more maintenance. Chief Gannaway also pointed out the entire purchase (including holsters and lights), less the buy-back of the current handguns, will be $9,384, less than the $16,000 estimated in the budget. Councilmember Roush stated he has a colleague who is adamantly opposed to recommending the use of the pistol-mounted flashlight by any non-SWAT officer or in a non-SWAT application. Chief Gannaway stated the lights are a voluntary accessory, with about half of the officers choosing to have the light, and stated that if he was working the street, he would want the light, especially on night shift. Chief Gannaway also pointed out the light is a personal preference on the part of officers. Councilmember Cook asked about the training of officers in the use of the new type of handguns; Chief Gannaway spoke of the training the officers will receive and noted that officers had a chance to shoot the new guns in testing and officers voted overwhelmingly in favor of the change to the Glock weapon. Motion by Councilmember Polehna, seconded by Councilmember Gag to approve the capital purchase as presented. All in favor. Possible approval to purchase squad cars - Police Department Chief Gannaway reviewed the request to purchase three marked and one unmarked vehicle as submitted in the 2009 capital outlay budget. He noted the vehicles are available for purchase through the state contract. He spoke of the change-over schedule of three years, stating after three years, vehicles become very maintenance intensive and trade-in value becomes negligible. He also spoke of the requested Page 8 of 12 City Council Meeting January 6, 2009 unmarked vehicle purchase, saying the proposed new vehicle is economical but large enough to hold needed equipment. Mayor Harycki asked the Chief to provide mileage information on the vehicles; Chief Gannaway said that the mileage is approximately 60,000 miles. Councilmember Polehna asked about current maintenance costs; Chief Gannaway stated the three vehicles proposed for replacement have become very maintenance intensive. Mayor Harycki spoke in favor of stretching out the fleet a bit longer, perhaps ordering the vehicles now but not using the new vehicles until the fall. Chief Gannaway said it would be acceptable to order the vehicles at this time and garage the new vehicles until another vehicle becomes inoperable. Councilmember Cook asked about the mileage on the unmarked vehicle and asked whether it would be possible to stretch out the purchase of this vehicle even longer than the squad cars. Mayor Harycki asked about access to vehicle forfeitures as an alternative to purchase of a new unmarked vehicle; Chief Gannaway stated such vehicles are either in very poor shape or are luxury vehicles. Mayor Harycki spoke in favor of approving the purchase of the squad cars at this time and waiting on the administrative/unmarked vehicle. Motion by Councilmember Polehna, seconded by Councilmember Roush approving the purchase of the three new squad cars, but delaying use of the new vehicles until needed and eliminating the purchase of the unmarked vehicle at this time. All in favor. Possible appointment to Human Riqhts Commission City Clerk Ward stated since the last meeting, one of the three applicants for the Commission has withdrawn her application, leaving two applicants for two vacancies and Councilmember Polehna is recommending that the two applicants be appointed. Motion by Councilmember Polehna, seconded by Councilmember Cook to adopt Resolution 2009-13, appointment to Human Rights Commission, appointing Jamie Wyman and Ann McLellan to the commission. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Roush stated he has had several conversations with the Liberty Homeowners Association regarding the issue of stop signs and moved to implement several stop signs that residents in the Liberty neighborhood are requesting, specifically a four-way stop at Pioneer Place and Liberty Boulevard, a three-way stop at Newman Trail and Reunion Road, one stop sign at Heritage Avenue and Country Road, and three-way stop at Homeward Way and Heritage Way, for a total of seven new signs at four intersections. Councilmember Roush stated the Homeowners Association would be Page 9 of 12 City Council Meeting January 6, 2009 willing to pay for one-half the cost of the signs, based on a cost of $80 per sign (found on the internet). Motion by Councilrhember Roush, seconded byCouncilmember Polehna to install the proposed signs. Councilmember Polehna stated that he had talked with the Homeowners Association about this issue and had heard nothing official about this reql;Jest. Todd Remely, 3654 Tending Green, president of two out of three Liberty Homeowners Associations, stated the request made by Councilmember Roush does represent the feelings of the Associations. Councilmember Gag asked if there was documentation indicating homeowners would be willing to pay half the cost of the stop signs and asked about the authority to obligate that cost to the residents; it was noted that authority is available through the Homeowners Association board. Mr. Remely stated the stop sign issue is very important to the Liberty residents. Councilmember Gag spoke of the impact of the Manning Avenue project on traffic and the reduction in traffic counts after completion of the project. Councilmember Polehna asked if there was a formal resolution from the Liberty Master Board asking the City to install these stop signs; Mr. Remely said while not a formal resolution, the Board has discussed this issue many times and is supportive of the request. Mr. Remely spoke of the concern regarding speed and the narrow roads in the development. Councilmember Gag noted the City has spent money developing criteria to assist in the decisions of sign placements, and referred to a previous compromise made just recently approving two signs in the Liberty neighborhood even though the signs did not meet the criteria. Councilmember Polehna suggested there may be other ways to slow down the traffic rather than install additional stop signs. Mr. Remely stated the concern is not with traffic counts, but with speed, and he stated the temporary stop signs that were installed during the Manning project proved to be effective, contrary to what studies may indicate. Councilmember Gag called the question. Ayes: Councilmember Roush and Mayor Harycki Nays: Councilmembers Cook, Gag and Polehna Councilmember Polehna said he needed to understand what the residents are interested in doing. Mr. Remely explained the problem is with two blind intersections on either side of Heritage Avenue. Councilmember Cook stated that she voted against this motion because it appeared there was some conflicting information about what the residents want and also due to a concern about the commitment of the association to pay for half of the stop signs and that it would be helpful to see something in writing from the association. Councilmember Cook stated she thought traffic is a community- wide issue that needs to be addressed systematically. Councilmembers Polehna and Cook would like to meet with Mr. Remely to see the area of concern. It was agreed to bring this issue back to the January 20 Council meeting. Page 10 of 12 City Council Meeting January 6, 2009 Councilmember Gag said he had received a comment from a citizens expressing concern that there is no place on the agenda of the various advisory committee/boards for persons to ask questions or raise an issue that is not on the agenda. He suggested including an "open forum" time on the agenda of the advisory committees. Community Development Director Turnblad pointed out that the advisory bodies do not have decision-making authority and suggested that a better solution would be to have citizens who have questions about certain issues to contact staff and staff will share those questions/concerns with Council. Mayor Harycki said he saw no problem with having the boards take five minutes to listen to citizen comments and suggested that the board chairs be advised that is the desire of the Council. Motion by Councilmember Gag, seconded by Councilmember Cook to establish an open forum time for the various commissions. All in favor. Mayor Harycki spoke of the budget situation and the City's tax ranking and said he would like to form a citizen ad hoc budget committee to help deal with the financial difficulties the City is facing. He stated that specifically he would like the citizen committee to review the budget and do some comparisons/benchmarking with other cities in the metro area with the goal of identifying areas of efficiencies and potentially lowering its tax ranking. He stated that the committee would only be gathering data and would not be making recommendations regarding staffing. Mayor Harycki said members would be selected by geographic area, with skills a consideration and that he did not anticipate serving on the committee. Motion by Mayor Harycki, seconded by Councilmember Roush to form an ad hoc committee for the budget. Councilmember Polehna asked about procedures, selection process and applications. Mayor Harycki said that he would be selecting the members of the committee. Councilmember Cook asked about procedures for the committee, appointment of a chair, etc. Councilmember Polehna questioned how the committee would know about available resources or whether there would be staff assigned to assist the committee; he also suggested the work of the proposed committee is the function of the Council. Councilmember Gag said he was in favor of the committee but said he would like to see goals and objectives set out. After discussion, it was decided to solicit applications from interested citizens and the Mayor to develop a work plan/mission for the committee and additional discussion/appointment at the January 20 Council meeting. There was no vote on the motion. Page 11 of 12 City Council Meeting January 6, 2009 ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Cook, moved to adjourn at 10:15 p.m. ATTEST: ~ \;1 cik~AK Diane F. Ward, City lerk Resolution 2009-01, directing payment of bills Resolution 2009-02, accepting work and ordering final payment for Boutwell Road Phase 3 Project (Project 2005-05B) Resolution 2009-03, accepting work and ordering final payment for 2007 Street Improvement Project (Project 2007-02) Resolution 2009-04, approval of arbitrage compliance - engagement letter Resolution 2009-05, designation of depositories for 2009 Resolution 2009-06, Commending Councilmember Wally Milbrandt Resolution 2009-07, Commending Councilmember Adam Nyberg Resolution 2009-08, approving transfer of ownership of the Wine & Strong Beer Liquor License, to Domacin LLC Resolution 2009-09, designating Council Vice Mayor Resolution 2009-10, approval of Chestnut Building Parking Lease Resolution 2009-11, resolution providing for the Competitive Negotiated Sale of $1,445,000 General Obligation Capital Outlay Bonds, Series 2009A. Resolution 2009-12, designating the Stillwater Gazette (Legal Publications) and the Stillwater Courier (Proceedings) as the City's Legal Publication and approving contract with the Stillwater Gazette and Stillwater Courier for 2009 Resolution 2009-13, appointment to Human Rights Commission Page 12 of 12