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HomeMy WebLinkAbout2012-02-21 CC MIN4 ate ... �......AC! 4f ■Inn..... CITY COUNCIL MEETING MINUTES February 21, 2012 REGULAR MEETING 7:00 P.M. CALL TO ORDER Mayor Harycki called the meeting to order at 7 p.m. ROLL CALL Present: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Assistant Fire Chief Ballis Police Chief Gannaway Public Works Director Sanders Administrative Secretary Manos PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Polehna, seconded by Councilmember Roush, moved approval of the January 31, 2012, regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS None. OPEN FORUM No comments were received. STAFF REPORTS Assistant Fire Chief Ballis reported the Fire Department is applying for the Fire Fighter Act Safer Grant for training funds. He indicated that as a result of the shared services study, the department is joining the Lake Elmo and Mahtomedi fire departments to apply for a regional grant for the training funds; he added there is no match required of these grant funds. He provided an update on the open house for the armory /fire station project, noting there was a Page 1 of 14 City Council Meeting February 21, 2012 relatively good turnout. He stated according to Chief Glaser, there was some concern from the downtown area about fire protection. Asst. Chief Ballis noted there are some possible ways to address that concern, including using two bays of the existing station as a sub- station. Community Development Director Turnblad also commented on the armory /fire station open house, and noted he had compiled all the written comments submitted. He listed three areas of comments in addition to those received regarding the fire station: questions about site design details; comments about the intersection, and new road construction for the project. Mr. Turnblad added that the site design details and road design details will be part of the special use permit process. Councilmember Polehna stated he had received several comments from neighbors which he would pass along to Mr. Tumblad. Public Works Director Sanders provided an update on the Army Corps of Engineers project. He reported that the Corps has indicated that some of the work in Lowell Park will be considered a "betterment" to the project. He stated a "betterment" is 100% cost to the City, and that the work includes grading of Lowell Park and some work in the amphitheater area. Mr. Sanders offered his recommendation that the City do the work independent of the Corps, and suggested the City likely would be able to get better bids on its own. He pointed out the Corps wanted some assurances from the MPCA regarding the soils, and stated if the Corps did the work the City would have to get some additional soil samples done, which would delay the project even more. He continued that the Corps is now looking at pushing the construction date back to Aug. 1. In discussion, it was noted the Corps was supposed to start on the project two years ago and the start date has been continually pushed back. Mayor Harycki suggested that a meeting be set up with the Corps' Colonel for an explanation of the schedule. Councilmember Roush asked about the status of the pedestrian plaza, and Mr. Sanders responded it is anticipated that construction will begin in April; he continued that pre - construction meetings are scheduled in the next several weeks. He indicated the plan is to have the project completed by the end of June. CONSENT AGENDA 10. Resolution 2012 -026, directing payment of bills 11. Possible approval of termination of street lighting contract with Xcel Energy 12. Possible approval of capital release — Library 13. Resolution 2012 -027, abatement of utility assessment Councilmember Cook asked that item 10, payment of bills, be pulled. Mayor Harycki wanted item 11 pulled for discussion. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve items 12 and 13. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Regarding item 10, Councilmember Cook questioned why payment is being made to an individual and not the Conach Group. Finance Director Harrison explained that the payment has always been made under that person's social security number. Page 2 of 14 City Council Meeting February 21, 2012 Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the payment of bills. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook Regarding item 11, Mr. Sanders described that the service would be the same, including rates; it is a matter of combining contracts. City Attorney Magnuson added that Xcel has had a separate contract with each municipality in the metropolitan area; usually the contracts are for one year and terminate at varying times. Mr. Magnuson relayed that the Public Service Commission has approved a tariff that automatically terminates the various contracts as of Feb. 29, 2012, and that the advantage is the rates will be the same for all communities and run from year to year as approved by the Public Service Commission. Motion by Mayor Harycki, seconded by Councilmember Polehna, to approve Item 11. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. This is the date and time for a public hearing to consider the issuance of an On -sale & Sunday liquor license to Osaka Express Inc. located at 108 Main Street N (formerly Savories) City Administrator Hansen expressed that approval should be contingent on approval by police, fire, finance, building departments, Washington County Department of Health and Minnesota Liquor Control. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the issuance of the liquor license as conditioned. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS Possible approval of second reading of Ordinance 1043 an ordinance amending the Stillwater City Code, Chapter 43, Liquor City Attorney Magnuson informed the Council that there were no changes to the ordinance since the first reading. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Ordinance 1043. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Page 3 of 14 City Council Meeting February 21, 2012 Discussion and decision on Armory gym expansion design Community Development Director Turnblad instructed the Council that it needs to decide what it would like to do with design of an expanded gymnasium at the National Guard Armory by April, when work will begin on the design charette. He pointed out that the decision should be made by March 20, to either authorize expenditure for 35% design for an expanded gym, as it has done for the fire station, or decide not to proceed with the expansion during the initial armory construction. He reported that the cost for 35% of the design work is estimated at about $40,000. Councilmember Roush asked about the cost for just doing the shell of an expanded facility, without bleachers and flooring. Mr. Turnblad answered that the design work would have to be for full construction, whether it is all built concurrently or not. Councilmember Polehna conveyed that he had contacted basketball and volleyball booster groups, and there is a lot of interest in working towards the expanded facility. He suggested that the Council tour other facilities, along with some representatives of the various booster groups. Councilmember Roush inquired if there was the possibility of raising the entire amount of estimated costs, about $1.5 million, and Councilmember Polehna replied that he thought fund- raising could come close to that amount, noting that similar efforts were done for the Recreation Center /Dome. Councilmember Cook totaled up the various costs for fire station, the possible gym expansion, design work, land purchase, etc. which she stated amounts to $9,741,750, close to the City's budget for an entire year; she expressed that the project feels like a run -away train, potentially to be borne by residents. Councilmember Cook talked about the economy and the need to be cautious at this time. On a question by Councilmember Cook, Mr. Turnblad answered that the City is not locked into the fire station, gym expansion or even the armory at this point, other than the cost of the land and some road improvements. Councilmember Polehna spoke of the efforts of the hockey association in improving the rink in front of the Rec Center and the soccer association in replacing the turf in the dome; he indicated that people will do things to make the City better for their children. Councilmember Cook responded that this isn't just about kids and suggested that kids do not live on sports alone; she stated if the City had money, she would advocate for doing something to promote an arts facility, something the community doesn't have at present. Councilmember Menikheim indicated that he thought it was City Administrator Hansen's job to tell the Council when it was going over the line regarding finances. Mr. Hansen replied that he would be concerned about some of the future decisions the Council will make and that he would give the Council a warning on the possible consequences before those decisions are made. He continued that he thought there was some benefit in obtaining additional information. Councilmember Menikheim stated he thought this discussion illustrated the need for the Council to do some strategic planning. Councilmember Roush suggested that if the City is going to design the expanded space, it should have something in writing that the various booster groups will pay for the facility. Councilmember Polehna noted there are other communities that can help finance the facility Page 4 of 14 City Council Meeting February 21, 2012 as well. City Administrator Hansen used the example of the library as to what the community is willing to contribute, and Councilmember Menikheim noted rather than doubting them, people should be encouraged to step up and do things for the betterment of the community. Councilmember Cook spoke of the struggle with the ongoing maintenance of the library and again urged caution. Mayor Harycki suggested arranging a tour of various facilities before the March 20 meeting. No action was taken. There was some discussion regarding an arts facility and what the Council has or has not done for such a facility. Possible approval of feasibility report and calling for hearing for Third Street South Public Works Director Sanders reviewed the proposed project, part of Washington County's planned improvements to County Road 23. In addition to the road construction, he described the project which includes new pedestrian ramps at all the intersections to meet ADA standards; pedestrian bump -outs at several intersections; narrowing the east side of the road 4 feet, which will allow for snow storage, along with new curb and 5 foot -wide sidewalk. He continued that the City's share of the estimated $900,000 project will be about $52,023. He proposed assessing 50% of the City's share of the cost of new sidewalk, curb and gutter, estimated at $25,000, to the benefitting property owners, and added that assessment rates would be based on the unit method. He stated the street would not be narrowed in front of St. Michael's Church and the Church would not be part of the assessment process. He reviewed the proposed project schedule. On a question by Councilmember Menikheim, Mr. Sanders replied that the City would schedule the neighborhood meeting and the County also will be hosting an open house on the project. On a question by Councilmember Cook regarding the scheduling of the bike race, Mr. Sanders answered that it has been taken into consideration and there also has been discussion about delaying the work on Chestnut Street until after the lift bridge is closed in September. Councilmember Polehna inquired why both sides of the street wouldn't be assessed for curbs, and Mr. Sanders responded that curbs will only be done on the east side of the street, with no improvements on the west side. On a question by Councilmember Cook, there was discussion about when the City will run out of funds to contribute to street improvement projects. City Administrator Hansen stated staff has been meeting on a regular basis to deal with that issue. Motion by Councilmember Menikheim, seconded by Councilmember Cook, to approve Resolution 2012 -029, Receiving Report and Calling Hearing on Third Street S Improvement Project (Project 2012 -04). Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Page 5of14 City Council Meeting February 21, 2012 Possible approval of resolution to cancel Lumberjack Days Contract City Attorney Magnuson explained that because this contract involves the use of City parks, dispensing of alcohol, conducting of a community -wide celebration that requires the extensive support of police and fire resources of the community, it falls under the City's police power. He added that no one person or no corporation can have a vested right in an activity that is regulated by the police power, as that is always reserved to the City. Mr. Magnuson explained that the resolution for cancelation of the contract points out that because there are unpaid vendors, both for goods and services, and money judgments have been entered against it in the courts, the widespread disapproval has affected the health, safety and welfare of the community. On a question by Councilmember Cook, Mr. Magnuson replied that the amounts previously owed to the City would still be due to the City. In discussion, it was noted there was no contract for the marathon, but that was referenced in previous action to give notice. Motion by Councilmember Menikheim, seconded by Councilmember Cook, to adopt Resolution 2012 -030, Canceling a Contract Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval 2012 Fireworks Contract with RES City Administrator Hansen reminded the Council at its last meeting it indicated that it would award the contract to RES, but he had requested that action not be taken until the contract issues were resolved. He stated there was a ceiling amount of $30,000 in the RFP, and added that might change due to some discussions related to the level of the sound system, that would result in some additional cost. He also referred to a letter from the City of Oak Park Heights indicating they will contribute $7,000 to help pay for the fireworks. Councilmembers expressed thanks to the City of Oak Park Heights for the support. Councilmember Polehna indicated that there are other vendors /groups interested in supporting the celebration, with perhaps a concert in the park and fly -over. Councilmember Cook pointed out the City does have a special events resolution that was passed by the Council, related to processes that must be followed when there are changes to major events or events that requires a contract. Community Development Director Turnblad responded that the 4th of July event would be in compliance as it is not an expansion of the event and probably won't have the same impact as in past years; Mr. Turnblad added if there is a new community event such as Lumberjack Days in the future, those plans will have to go through the special event process. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2012 -031, Accepting Fireworks Proposal and Awarding Contract to RES Specialty Pyrotechnics for the July 4, 2012 Fireworks. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Page 6 of 14 City Council Meeting February 21, 2012 Possible consideration of contract for lobbyist services This item was moved up in the agenda following staff reports. Mayor Harycki noted that Governor Dayton has set a deadline of March 15 for U.S. House action on the legislation for a new bridge crossing. City Attorney Magnuson reviewed the City's use of lobbyists, and noted that the City began utilizing the services of a lobbyist to work on both federal and state approvals of a bridge project in 1992, after which time it was an annual budget item for many years. He explained the lobbyist /lobbying firm also worked on the levee wall project, the armory and, more recently, the Brown's Creek project. He spoke of the value of the lobbying services, suggesting without having lobbyists to assist the City, the playing field is tipped in favor of the organized and well - financed opposition to a new bridge, citing the Sierra Club's lawsuit as an example. He stated the recent difficulty encountered with the state auditor's office wasn't because the City had hired a lobbyist, it was because it used TIF funds and the money was paid to a coalition rather than directly to a lobbyist. Mr. Magnuson reviewed the proposed contracts for the state work and the services for the federal legislation necessary to secure approval of the new crossing project. He noted the time for completion of the work under the contracts is July 1, 2012, and added that the accountability is to report directly to City Administrator Hansen. He continued that a method of payment has to be determined — hourly, monthly, not to exceed, etc. He also reviewed required records, documentation, insurance requirements and other specifics of the contracts. City Administrator Hansen indicated that he supported the contract, even though it is a non- budgeted item, because he believes all the previous work and money expended by the City on this issue would be for naught if the work isn't continued, and he noted there is a certain momentum not seen before. He also stated the Governor's deadline means there is now a three -week, make -or -break situation and suggested that to give up the effort now would not be a wise decision. However, he thought there should be some discussion regarding the actual amount to be paid for the lobbying services, and that he would recommend a "non -to- exceed" amount. Councilmember Roush noted the Governor's deadline does change the strategy as it targets the House vote and questioned whether it made sense to hire a state lobbyist at this time, suggesting that might be done after the House vote. Mayor Harycki pointed out there are parallel tracks going on at the state level. Councilmember Cook inquired what the City would be receiving in 15 days and asked whether there was a plan B. She spoke of previous efforts at reaching a compromise and suggested taking an all -or- nothing stance was a pretty big gamble. Councilmember Menikheim spoke of 40 years of effort that has gone into this project and stated lobbying is needed at both the state and federal level to see the project to the end. Mayor Harycki invited some limited comment from the audience. Wendell Fletcher, 3655 Planting Green, Stillwater, presented there is a plan B, an alternative to the "mega" bridge, a $690 million bridge that is one of the most expensive bridges anywhere in the country. He noted that an alternative bridge has been proposed and hoped the Council would factor that into its plans. He requested if the City did go ahead with hiring a lobbyist, which he didn't favor, he thought the lobbyist should be aware there are other alternatives to be pursued. He provided a poster of different proposals. Page 7 of 14 City Council Meeting February 21, 2012 Glenn Hill, 709 Linden St. W., Stillwater, expressed that he thought there should be some transparency to the process. He wondered why this is a Stillwater issue when a larger corridor is involved. He talked of the impact on the budget and indicated that it seems like the City is sharing money with folks who are already on board. Roger Tomten, 718 S. Fifth St., Stillwater, a stakeholder in the 2003 -2006 federal mediation process and member of the Sensible Stillwater Bridge Partnership, spoke of several specific items in the proposed contract. He cited item 1 under the scope of services, asking whether the contract is with the City or the Coalition or both; he pointed out the Coalition has indicated its mission to give a voice to those in support of the new bridge and stated there is anecdotal evidence the Coalition is not open to those who do not favor a new bridge. He asked where there is a voice to those in opposition and if not provided a voice, why should he be asked to pay for the lobbying effort. Ask those who support the bridge to pay for the lobbying efforts, he suggested. He also cited item 3 in the scope of services, preventing passage of legislation that would impede the timely construction of the river crossing. He suggested that current legislation is preventing the timely construction of the river crossing and questioned what the lobbyist would do. He noted that the City knew in October 2010, when the court decision was rendered, that the current proposal is illegal. He added the City could have directed efforts at that time to find legal alternatives, begin a discussion about a plan B, and have a thoughtful, reasonable discussion but chose not to do that. He cited MnDOT's recently completed vision for transportation for the next 50 years, a vision, he continued, whose goals are focused on the environment, the economy and quality of life; he explained that vision does not mention inter -state mobility, expanding freeways or building bigger bridges; he noted there is comment about building to a maintainable scale and affordability. Suzanne Block, former Planning Commission member and liaison to the Downtown Plan, spoke of restrictions on the height of building in the downtown. She pointed out that the bridge that the City is supporting is as tall as a 20 -story building; she suggested residents would be astounded at the visual impact of the proposed bridge. Amy Pelletier, owner of a yarn and fabric shop on Main Street, chair of the Parking Commission and board member of the Main Street Stillwater Independent Business Alliance, conveyed that the Alliance believes the bridge project will revitalize the downtown business district and release the choke hold that commuter traffic has on Main Street. She reiterated that the IBA supports the project; she provided a letter sent to Congresswoman Bachmann in support of the project. Cory Buettner, owner of Leo's Grill and Malt Shop, spoke in support of continued efforts for a new bridge and explained that removing 18,000 vehicles per day from downtown will make downtown Stillwater a greater destination than it already is. He stated preserving the lift bridge and making it part of a new walking and biking trail will give people a new way to experience downtown and have a recreational experience as well. He noted both merchants and the public will benefit from having a safer and more comfortable, walkable downtown. He relayed that the majority of downtown merchants support the new bridge as do customers. He talked of environmental tradeoffs with having a new bridge and 18,000 cars idling on Main Street every day; he spoke of the political realities that require the hiring of a lobbyist, noting that there are powerful organizations with national ties aligned against the project. Page 8 of 14 City Council Meeting February 21, 2012 Steve Genan, resident of Stillwater and Stillwater business owner, agreed with Mr. Buettner's comments. He spoke of the issue of folks using neighbors as shortcuts and suggested eliminating cut - through will reduce wear and tear on the City streets and make side streets a lot safer than they currently are. Meg Brownson, Stillwater resident and downtown business owner, spoke in support of the current bridge proposal and of hiring the lobbyist. She reported that her customers, many from Stillwater, have been happy to sign a petition in support of the bridge project. Todd Streeter, executive director of the Greater Stillwater Chamber of Commerce and board member of the Coalition for the river crossing, used an analogy of the need to purchase a new car with the need for a new bridge — the current one is old, rusty, in need of repairs and is lacking in modern safety features. He also noted the current bridge is dangerous to the environment as it allows oils and pollutants to run directly into the river, and' stated having heavy, commercial trucks using the bridge and stalling traffic at intersections that were constructed in the 1800s is a serious safety issue for drivers and pedestrians. He also spoke in favor of the current bridge proposal, suggesting that the alternative smaller bridge is an inefficient, bottle -neck design not approved by MnDOT, causes more environmental damage to the St. Croix River than the one designed by MnDOT, and doesn't meet the needs for the next 80 years. He spoke of the environmental mitigation elements included in the new bridge proposal. Michael Wilhelmi, 819 Everett Dr., lobbying consultant, offered to answer any questions. Councilmember Roush inquired if he saw the need for both state and federal contacts at this point. Mr. Wilhelmi answered in the affirmative, saying there is a need for coordination of both state and federal work and a need for defensive lobbying to ensure that language isn't put in bills that would impede the ability of state agencies to allow the project to move forward. He stated the next three -week period would be very intense due to the Governor's deadline and the House calendar. Councilmember Cook asked Mr. Wilhelmi if he was still executive director of the Coalition and if he is paid by the Coalition. Mr. Wilhellmi responded in the affirmative to both questions, but noted he is not paid for government relations activities. On another question by Councilmember Cook, he replied that he would be doing the executive director work of the Coalition and paid by them for that work, but the government relations work he would be doing for the City would be separate from his work for the Coalition. Councilmember Cook questioned how he could accomplish both jobs and how he would divide his time. Mr. Wilhelmi answered that he would be willing to have the contract with the City be on an hourly basis, and he would not be interested in billing the City for work not done for the City. Councilmember Cook asked how many other government entities have kicked into the Coalition. Mr. Wilhelmi stated Washington County has committed $10,000, the City of Hudson $2,500, St. Croix County at $10,000 and the City of New Richmond $2,500. Councilmember Cook confirmed that she understood that the proposal was to pay $25,000 for two lobbyists, a total of $50,000, for work to be done through the end of June 2012. Councilmember Cook expressed that with the Governor's deadline and the House calendar, that would be for work done in 9 days. Councilmember Polehna asked how efforts would be focused on the federal level to get the legislation passed in 9 days. Mr. Wilhelmi responded that there would be a lot of activity, but Page 9 of 14 City Council Meeting February 21, 2012 he would not like to get into detail about legislative strategy; he added that there would be a lot of coordination to be sure the House of Representatives takes up the bill, passes it and gets it to the President. Councilmember Polehna suggested the focus should be at the federal level rather than the state at this point. Mr. Wilhelmi stated he didn't think the effort could be divided as there is a lot of coordination that will need to occur. Discussion was brought back to the Council. Councilmember Roush stated he didn't think the City needed to do the full $25,000 per lobbyist as originally proposed; he countered that he thought the hourly billing with a maximum amount would be appropriate. Mayor Harycki suggested adding a termination clause, such as April 15, should the federal legislation not pass. Mr. Wilhelmi suggested leaving it to City Administrator Hansen to determine when additional efforts might be fruitless and order the lobbying efforts to be terminated. There was a question as to what the hourly pay rate might be; Mr. Wilhelmi stated typically contracts for lobbying vary between $150 and $200 an hour. In discussion about some of the verbiage of the proposed contacts, Mr. Magnuson noted that the contracts were sent out in raw form and scrivener's errors and some other changes have been made. On a suggestion by Councilmember Cook, it was decided to remove the wording "under contract" with the Coalition... from item 1 in the scope of services section. Councilmember Cook expressed her support for the downtown business community. She indicated she believes the driving force behind the support for the bridge is the congestion downtown. She reported that she had met with two representatives from MnDOT to strategize options for alleviating that problem, and she thought it would be a mistake to not focus on finding some relief for the congestion and put all attention on the bridge. She thought it unfortunate that environmentalists and large organizations that are claimed to be putting large amounts of money into the effort to oppose the bridge have been blamed; she noted these organizations have done amazing work throughout the country to preserve lands and areas appreciated by all citizens. She stated a new bridge will change the entire tenor of how the Valley looks; she added that she thought it wrong to criticize efforts done on behalf of the greater good. She pointed out that a $700 million bridge in this economy and with what is known is outrageous; she explained in context with the number of people this new bridge actually benefits and serves, thought should be given to what is being done for the rest of the metropolitan area. She stated she thought there could be a smaller bridge, a safer bridge and stated she did not think all options were on the table. Councilmember Roush suggested the lobbying effort is a necessary evil. He moved to direct City Administrator Hansen to work out an hourly contract with a maximum initial amount of $5,000 per federal and per state lobbyist for a period of one month, at which time Council will review the possibility of renewing the contract for another month. Councilmember Polehna seconded the motion. Councilmember Roush also asked that section 1, item 3, be changed from "prevent passage" to "attempt to prevent." Mayor Harycki suggested adding a renewal section, saying that when the March 15 deadline is passed there will still be a lot of work to be done. Councilmember Polehna suggested an option for renewal with City Administrator Hansen to make a recommendation as to whether to renew or not. Mayor Harycki suggested having the initial contract date /renewal option coincide with the second Council meeting in March. Councilmember Menikheim questioned whether the initial Page 10 of 14 City Council Meeting February 21, 2012 maximum amount of $5,000 was adequate; he spoke of the majority of constituents he has spoken to who favor a new bridge and stated the City is being hurt by the old bridge. Councilmember Menikheim suggested the City has a great deal to lose if it doesn't back the lobbyists; he suggested the $5,000 amount is saying the City doesn't value constituents as much as it could or should. Councilmember Menikheim suggested an amount of $15,000 to give the lobbyists room to maneuver. Councilmember Cook questioned whether this effort would do any good at this stage in the process, speaking of the recent redistricting. Councilmember Roush amended his motion to include the renewal option as discussed, with the amount to remain at $5,000; Councilmember Polehna seconded the amended motion. Mayor Harycki also questioned the amount, speaking of the number of calls related to the Governor's recent deadline alone; he suggested the $7,500 figure per lobbyist. On a question by Councilmember Roush, City Administrator Hansen stated he didn't think the original $5,000 would be sufficient as he believes there will be a pretty massive effort in the next 30 days and stated adding another $2,500 to each contract seemed reasonable to him. Councilmember Roush amended the motion to include $7,500 per lobbyist, seconded by Councilmember Polehna, to adopt Resolution 2012 -032, Accepting Proposal for Lobbyist Services and awarding contract to Wilhelmi Government Affairs, as amended. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook A short recess was taken at the conclusion of this discussion. NEW BUSINESS Discussion of combination on -sale & off -sale license regulations City Attorney Magnuson stated this issue was brought to attention by some research done by Clerk Ward. He reported that prior to 1971, Stillwater issued combination on -sale /off -sale liquor licenses, but the City has not done so for many years, although it is authorized to do so under state statute. Ms. Ward found that the reason the combination licenses have not been issued is due to a policy adopted by the City Council in 1971. Mr. Magnuson stated staff is seeking direction from the Council whether to issue the combination licenses, continue the policy of not issuing the licenses, or pass an ordinance prohibiting the issuance of the combination licenses. Mr. Magnuson examined the Council minutes of 1971, and explained that it appears the policy was to provide some protection for the liquor stores. On a question by Mayor Harycki, Mr. Magnuson relayed that there are several of the combination licenses still in existence. Mr. Magnuson proposed that if the City is going to have a policy such as this, it is best to have an ordinance codifying the policy. City Administrator Hansen commented that this issue came up because there are several potential applicants for the combination licenses; he noted there are combination bars and liquor stores throughout the state of Minnesota that have not created any problems. Mr. Hansen suggested the era of trying to protect a local liquor store is past. Councilmember Roush asked about the closing time regulations for the combination licenses. Police Sgt. Stender responded that the off -sale license portion is the same as any liquor store, so any off -sale purchases would have to cease at 10 p.m. Page 11 of 14 City Council Meeting February 21, 2012 Councilmember Cook asked if a change would be opening a door, and asked Mr. Magnuson for a legal opinion. Mr. Magnuson replied that he thought this was a policy question, rather than a legal question -- the combination license is permitted and is common practice in communities the size of Stillwater and smaller. The only complaint he could foresee would be those from off -sale liquor stores about possible impact on their business. Motion by Councilmember Roush to allow the on -sale, off -sale license as policy and directing staff to prepare an ordinance, seconded by Councilmember Polehna. All in favor. Possible authorization to purchase forensic extraction device (CelleBrite) Chief Gannaway briefly spoke to the need for the device. It was noted this purchase is in the 2012 budget, and City Administrator Hansen stated he did support the request. Motion by Councilmember Polehna, seconded by Mayor Harycki, to approve the request. All in favor. Possible approval of date for Bond Sale Finance Director Harrison presented the request for the sale of bonds to cover capital outlay items and some refunding of bonds issued in 2004 and 2006. She stated reissuing the 2004 and 2006 bonds will save the City about $287,000 in interest cost and will reduce the City's levy in future years. Councilmember Cook inquired if this sale would include a fire station, and Ms. Harrison answered that the only new money of the bond issue is $1.32 million to cover the 2012 capital outlay schedule approved during the budget process. Mayor Harycki asked City Administrator Hansen if he was anticipating a capital outlay bond for 2013, and whether there was a benefit for including more money for future purchases, such as future squad cars. Mr. Hansen replied that the City hasn't sold a bond issue in three years, whereas it used to do a bond issue every year; he added that he would project the City would begin selling a capital equipment issue every other year. He stated he would prefer to keep the bond issues at the $1.2 - $1.3 million level as it keeps purchase request much more reasonable. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2012 -034, Resolution Providing for the Competitive Negotiated Sale of $6,415,000 General Obligation Capital Outlay and Refunding Bonds, Series 2012A. Possible approval to purchase squad cars Chief Gannaway reviewed the request to purchase 3 squad cars — 2 Dodge Chargers and 1 Ford Explorer. He noted that the department has either not purchased or purchased fewer squad cars than normal and there are two cars that are basically beyond repair. He continued that the requested vehicles are all covered by the state contract. Mayor Harycki indicated that his only concern was with the four -wheel drive vehicle. Chief Gannaway responded that the vehicle is all -wheel drive and that he tries to keep one all - wheel /4 -wheel vehicle in the marked fleet to deal with weather conditions. Chief Gannaway pointed out that the Explorer was the most reasonable option for both size and mileage; he added it can be used as a regular patrol vehicle and gets the same mileage as the squad cars. Page 12 of 14 City Council Meeting February 21, 2012 There was discussion of the vehicle used by the parking enforcement officer and the CSO; Chief Gannaway noted he would look into that issue and other options when it is time to replace that vehicle. Mayor Harycki spoke of the desire to get more fuel efficiency. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the purchase of the three vehicles as requested. Councilmember Cook affirmed that the purchase was a budgeted item. All in favor. COUNCIL REQUEST ITEMS LMC Workshop Lessons Learned Councilmember Menikheim presented some of the things he gained from attending a League of Minnesota Cities workshop for elected officials. He commented that meetings are the least important part of the Council's job. He reported that in comparison to other cities, Stillwater is doing quite well, with its biggest problem planning adequately for growth. He also talked about being at a crossroads where governance will undergo a fundamental change, suggesting that cities, school boards and counties will assume more responsibility for local governance. He also suggested the Council should set a vision, develop a strategy and then implement the strategy. He stated he would have more information about a possible strategic planning session at the next Council meeting. Councilmember Roush questioned the comments about the importance of meetings, noting that meetings are where all the transparency takes place, where all the decisions are made, and Councilmember Menikheim replied that the work that goes to the transparency and appears at the meetings, takes place beforehand. Yellow Ribbon update Councilmember Polehna announced that the presentation of the national award to the City will take place March 22 at the Historic Courthouse. He asked for authorization to mail invitations to those in the community who have contributed to the effort, and Council was OK with that. Councilmember Roush suggested that the City's annual picnic honoring boards and commissions should include reserve police officers, noting the officers give as much or more volunteer time than those who serve on the advisory boards /commission. Mr. Hansen stated he would make a note of that for future events. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn at 9:50 p.m. All in favor. Page 13 of 14 City Council Meeting February 21, 2012 ATTEST: yu't� iWV'ttJ Larry D. QAsen, Acting City Clerk Resolution 2012 -026, Directing the Payment of Bills Resolution 2012 -027, Approving the abatement of certain special assessments Resolution 2012 -028, Approving issuance of an On -sale and Sunday liquor license to Osaka Express, Inc. located at 108 Main Street N. Resolution 2012 -029, Receiving Report and Calling Hearing on Third Street S Improvement Project (Project 2012 -04) Resolution 2012 -030, Canceling a Contract Resolution 2012 -031, Accepting Fireworks Proposal and Awarding Contract to RES Specialty Pyrotechnics for the July 4, 2012 Fireworks Resolution 2012 -032, Accepting Proposal for Lobbyist Services and awarding contract to Wilhelmi Government Affairs Resolution 2012 -033, Accepting Proposal for Lobbyist Services and awarding contract to Riverwood Group Resolution 2012 -034, Resolution Providing for the Competitive Negotiated Sale of $6,415,000 General Obligation Capital Outlay and Refunding Bonds, Series 2012A Page 14 of 14