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CITY COUNCIL MEETING MINUTES
March 20, 2012
REGULAR MEETING
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 Attorney Magnuson
Community Development Director Turnblad
Finance Director Harrison
Fire Chief Glaser
City Planner Pogge
Public Works Director Sanders
City Clerk Ward
PLEDGE OF ALLEGIANCE
Mayor Harycki led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
7:00 P.M.
Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the
March 6, 2012, regular and recessed meeting minutes. Motion passed 4 -0, with Councilmember
Cook abstaining.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Possible approval of recommendations for General Obligation Capital Outlay and refunding
Bonds, Series 2012A - Dave McGillivray Springsted Inc
Dave McGillivray, chairman of Springsted, reviewed the purpose of the bonds, noting that of
the $6.3 million in bonds, $1.3 million is for new capital outlay equipment, $1.6 million is to
refinance the 2004A City improvement bonds, and $3.4 million is to refinance the City's
2006 capital outlay bond. He indicated that competitive bids were taken, with eight bids
received; and the best bid was from Robert W. Baird & Company, at an interest rate of
1.9882 %. Regarding the refunding, he stated that in awarding this bid, the City would realize
net future value interest cost savings over time, after all costs, of $214,000. He pointed out
the 1.988 interest rate is the lowest in 25 years. He also noted the City's credit rating was
reviewed as part of this process; the City's rating as determined by Moody's Investor Service
City Council Meeting
March 20, 2012
of New York is AA2, which is a very good rating. He read some of the comments given in
Moody's rating.
Councilmember Cook asked about the comment related to a modest operational deficit in the
general fund for fiscal 2010, and Finance Director Harrison explained that was due to some
flood expenditures that were not reimbursed. Councilmember Cook also asked about the
comment related to proportion of debt service relative to general fund expenditures, and Mr.
McGillivray responded that Moody's statement relates to things that already exist, a fact that
can't be changed, and that the City has a very modest level of new debt moving forward.
Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Resolution
2012 -043, Providing for the issuance and sale of $6,355,000 General Obligation Capital Outlay
and Refunding Bonds, Series 2012A, and levying a tax for the payment thereof.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
St. Croix River Crossing Project Update — MnDOT Todd Clarkowski
Todd Clarkowski of MnDOT reviewed a bit of the history of the project and informed them
that there have been a number of different events in this area since the project were approved
by Congress and the President, including the identification of a project management team. He
stated this is the same project that the City approved back in 2006, including the approach
work in Minnesota and Wisconsin, the mitigation package, and the future use of the lift
bridge as a bike and pedestrian facility. He indicated that upcoming activities this
spring /summer include the Shoddy Mill and warehouse relocation to the former Terra
Terminal site, and load testing with sample footings constructed in the river to gather
foundation data.
Councilmember Cook inquired if it is true there has been a change in the number of
pylon/pillars for the new crossing, and Mr. Clarkowski replied that during the stakeholder
process, the bridge had three pier columns supporting the bridge, with interest expressed
during the process of going to two pier columns. He explained plans currently call for two
pier columns, in keeping with the vision expressed in the stakeholder process.
Councilmember Cook questioned if there have been any other changes, and Mr. Clarkowski
responded that a number of the proposed bump - out/lookout stations have been removed from
the plans.
Councilmember Cook noted that once the Shoddy Mill and warehouse are relocated, ongoing
maintenance will be the cost of the City and asked whether there is funding available for that.
Community Development Director Turnblad explained that money is not yet budgeted for
restoration of the buildings, and an end -use plan still has to be developed.
Councilmember Cook asked about the timing of the relocation, and Mr. Clarkowski
answered that the interest in moving the structures sooner rather than later is to clear out the
area for the construction staging area.
On a question from Councilmember Roush about the plans for re -use of the Shoddy Mill
buildings, Mr. Turnblad stated that there is no plan, but a general notion that the buildings
will be used for some type of support service to the bike /pedestrian trails.
Page 2 of 17
City Council Meeting
March 20, 2012
John Giggalo, Project Director, briefly addressed the Council that he would be available
frequently, with meetings with businesses and open houses in the near future to communicate
how the project will be progressing, and to gain input from citizens who will be impacted by
the construction. He indicated that the goal will be to maximize the communication efforts to
minimize the unexpected issues that might occur.
Possible approval of Stillwater Criterium Bike Race Contract — Lee Stylos
Community Development Director Turnblad introduced the request that the race route will be
the same as last year, and the request is to utilize two parking lots, rather than three. He
pointed out that this is a contract event and terms of the contract have not changed much
from last year. He explained that the one thing that has changed is the rate for the parking
lots, which have been lowered. He added that the Parking Commission is recommending a
parking fee of $534.
Lee Stylos, Stillwater Race Director for the Nature Valley Grand Prix, described the race,
and noted that all money raised goes to charity: this year Children's Hospital's hospice
program, Children's Lighthouse. Mr. Stylos talked about the steering committee for the local
race and how the committee is still trying to deal with parking and traffic issues. He pointed
out that he hoped that an arrangement with the American Legion will alleviate some
problems with parking. He indicated that they are trying to do a better job with messaging
with residents and connect better with downtown businesses, and that they hope partnering
with the Chamber and IBA will improve the relationship with the businesses.
In discussion, Public Works Director Sanders said Washington County's plans for mill and
overlay of Chestnut Street have been pushed back until September, and he noted the Third
Street project doesn't interfere with the race course at all.
Mayor Harycki referred to a complaint regarding the difficulty of getting from Main Street
up to Len's during last year's race, and asked Mr. Sanders to work with Chief Gannaway to
see if there might not be some resolution to that problem.
Mr. Stylos described efforts made last year to route people to the parking ramp in lieu of the
parking fees. Mr. Stylos stated they would like to continue that effort and asked that the City
consider reducing /eliminating the proposed parking fees. He added that the City could be
mentioned as a sponsor in most of the race literature in return.
Councilmember Polehna spoke of the difficulty in locating the directional parking signs last
year, and Mr. Stylos replied that they have asked for different event signs this year.
Councilmember Menikheim suggested that the City be a sponsor; get something in return, for
not charging the parking fees.
Mayor Harycki and Councilmember Polehna responded that arrangement didn't work out too
well last year.
Councilmember Cook noted that the parking fees are one -third of what they were last year,
and that the Parking Commission recommended the $534 fee and spoke of the desire to be
consistent in treatment of special events.
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City Council Meeting
March 20, 2012
Councilmember Menikheim pointed out that the Council had cut the parking fees in half for
Cruisin' on the Croix, and noted that the City would be listed as a sponsor on the bike race
flyers in this instance and be supporting a wonderful charity.
Councilmember Roush expressed it is not the function of local government to donate to
charities.
Motion by Councilmember Cook, seconded by Councilmember Roush, to adopt Resolution
2012 -044, approving Nature Valley Grand Prix Stillwater Bike Race.
Ayes: Councilmembers Cook, Polehna, Roush and Mayor Harycki
Nays: Councilmember Menikheim
OPEN FORUM
No were no public comments.
STAFF REPORTS
Police Chief Gannaway was absent and Councilmember Roush suggested that in future when
a department head is going to be absent from a meeting, someone from that department be
designated to attend.
Fire Chief Glaser reminded citizens that the area is still in a moderate threat for wildfire and
grassfires. He indicated that burn permits are required for any piled debris, a special variance
from the DNR is needed for any running /prescribed burns, and that small recreational fires,
3' x 3' in a contained pit, are allowed. He urged citizens to be respectful of neighbors when
having recreational fires.
City Clerk Ward informed residents of the 2012 Open Book meetings, which begin April 5th,
and she provided a schedule of the meetings.
Community Development Director Turnblad updated the Council on the pedestrian walkway,
and noted work has resumed on the restroom facility, but work on the walkway itself will
begin about the middle of April. He continued that the City parking lot between the gas
station and the bookstore will be closed for the duration of the construction project until
about June 30.
On a question by Mayor Harycki, Mr. Turnblad replied that business owners have been
contacted.
City Attorney Magnuson referred to his memo regarding the recently approved plat in the
area of Orleans and County Road 5 to allow for construction of the new McDonald's
restaurant. He explained that as part of the process, the City vacated some Neal Avenue
right -of -way. However, he added it has subsequently been found that the City obtain the
right -of -way property through tax forfeiture, which means, according to statute, the City
cannot vacate the property. The City must, by resolution, request Washington County to sell
the property to the City for its assessed value, he stated. He pointed out that McDonald's has
indicated it will pay the City the costs associated with the purchase of the property.
Page 4 of 17
City Council Meeting
March 20, 2012
Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Resolution
2012 -045, Requesting conveyance of forfeited lands previously conveyed to the City pursuant to
Minn. Stat. §282.01, Subd. 1.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Public Works Director Sanders reported that it has been confirmed with the Corps of
Engineers that Col. Price will be at the 4:30 p.m. Council meeting on April 3rd. He indicated
he had specifically asked that the Colonel address the Corps' commitment to getting the
Corps project done in 2012. Mr. Sanders stated he is still waiting to get quotes from
consultants for the lakes management plan.
CONSENT AGENDA
13. Resolution 2012 -039, directing payment of bills
14. Resolution 2012 -040, approval of temporary permit to construct Shoddy Mill project
15. Resolution 2012 -041, approval of License to Use Real Property for annual household
hazardous waste collection at Lily Lake Arena May 19th
16. Possible approval of temporary liquor license for Stillwater Public Library Foundation
17. Resolution 2012 -042, accepting work and ordering final payment for Sewer Interceptor
Project (Project 2010 -08)
Councilmember Cook asked that items 13 and 14 be pulled.
Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the
Consent Agenda minus items 13 and 14.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Councilmember Cook expressed that she would not be voting to approve payment of bills
due to the Conach group bill. Regarding item 14, she asked if there was any dollar amount
regarding costs the City might incur related to the Shoddy Mill project, and Mr. Turnblad
replied in the negative.
Mayor Harycki noted the City did agree to pay for sewer hookup about six months ago. Mr.
Sanders explained that MnDOT will be extending sewer and water to the building, but not
doing the connections. Mr. Sanders stated that the cost for the hookups is $15,000, which the
City agreed to pay.
Councilmember Cook inquired about other costs, and Mr. Sanders responded that if
bathrooms are added, there will be plumbing, electrical and perhaps some structural work.
Mr. Turnblad added that costs depend on what the use of the buildings will be, and that the
interim plan is that the site will be secured, with fencing, until a re -use plan is developed. Mr.
Turnblad noted there are some grant opportunities available; however costs and grant
opportunities won't be known until the plan is formulated.
Councilmember Polehna noted the Council agreed to accept the buildings a number of years
ago and mentioned some of the uses discussed at that time.
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City Council Meeting
March 20, 2012
Councilmember Menikheim asked where funding would come from, and Mr. Turnblad
described one option is park/open space type of funding or capital programming and there are
grant opportunities. In discussion, Mr. Turnblad mentioned this location is a focal point for
trail activity, so it makes sense to have some type of trail use in those buildings.
Motion by Councilmember Roush, seconded by Councilmember Polehna, moved to approve
items 13 and 14.
Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki
Nays: Councilmember Cook
NEW BUSINESS
Possible adoption of resolution re2ardin2 moratorium on festival replacing Lumberiack Days
City Attorney Magnuson reviewed the proposed moratorium which would apply for the
calendar year 2012 to any community -wide celebration in the Downtown Central Business
District. He reported that, as proposed, the moratorium would not apply to periodic
gatherings or lesser events, such as art fairs, Harvest Fest, Summer Tuesdays and Cruisin' on
the Croix. He noted the moratorium also pledges that during 2012, the Council will work
with citizens and interest groups in an effort to define a community celebration of the future.
Mayor Harycki stated Summer Tuesdays' organizers would like to have a parade on the
traditional Lumberjack Days parade date, and asked how the moratorium would impact that
possibility.
Councilmember Cook suggested that request would have to follow the City's special event
policy, and Mr. Turnblad reviewed the policy.
City Attorney Magnuson indicted that the moratorium allows Summer Tuesdays and periodic
gatherings and he didn't think the moratorium would preclude such an event. Mr. Turnblad
clarified that while the moratorium wouldn't necessarily preclude new events, any new event
would still have to go through the special event process. In discussion, Councilmember Cook
spoke against making exemptions and circumventing the process.
Councilmember Cook questioned the relevance of "in this century ". Councilmember Polehna
amended his motion to include Mayor Harycki amended his second.
There was continued discussion of the possible parade by Summer Tuesdays organizers.
Councilmember Cook asked about the status of the proposed parade, noting the moratorium
exempts events that are already in place, while the parade is a new event; Councilmember
Polehna said it would be his understanding that the parade would not be exempt from the
special event process.
Motion by Councilmember Polehna, seconded by Mayor Harycki, to adopt Resolution 2012-
046, enacting a moratorium on community -wide celebrations within the City of Stillwater, with
the changes of the last sentence, striking "central businesses," noting that all businesses are owed
the same respect, striking the words "in this century" in the third paragraph.
Page 6 of 17
City Council Meeting
March 20, 2012
Councilmember Roush asked that the motion be repeated for clarity. Councilmember
Polehna said his motion was to approve the proposed moratorium language striking out the
wording central businesses to include all businesses and eliminating the wording in this
century from the third paragraph; on a suggestion by Councilmember Cook, he added the
bike race to the approved events exempted from the moratorium. Mayor Harycki amended
his second to include the bike race.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
PUBLIC HEARINGS
This is the date and time for a public hearing to consider the Millbrook 6th Addition Final Plan
and Final PUD Site Plan, postponed from March 6 2012 meeting_
Community Development Director Turnblad reviewed the request and site, and reported that
all the conditions of the final plat and preliminary plats are met and approval is
recommended. He noted there are two conditions: that the City receives easements for all
trails as they are completed; and that the landscaping plan for the southern edge of the park
be completed with the addition of some trees.
On a question by Mayor Harycki, Mr. Turnblad answered that the Joint Board has review and
comment authority for plats. Due to scheduling conflicts, the Board was unable to meet prior
to the Council meeting, however Mr. Turnblad indicated that notice was sent to all Joint
Board members asking them to comment prior to the Council meeting and no comments
were returned. He continued that the plat and PUD will be brought back to the Joint Board,
and if there are concerns after the fact, the City will work with the developer to get those
concerns addressed.
Councilmember Roush asked how the City could ensure the developer's compliance with the
condition regarding completion of the park landscaping, and Mr. Turnblad replied that there
are escrow funds and additional plat approvals needed.
Councilmember Polehna inquired if the City would be receiving an easement for a trail down
to the Brown's Creek state trail, and Mr. Turnblad reviewed where trails will be constructed
out to Neal Avenue and noted the City also has an easement through the adjourning property
to make the connection to the Brown's Creek trail.
City Planner Pogge stated he has spoken with the developer who has indicated that if the City
applies for a DNR grant to make the Brown's Creek trail connection, and it plans to do so,
the developer will accelerate construction of its trail system to accommodate that request.
Mayor Harycki opened the public hearing. No comments were received, and the hearing was
closed.
Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution
2012 -047, approving the final plat, final PUD site plan, and development agreement for Millbrook 6th
Addition Case No. 2012 -01.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Page 7 of 17
City Council Meeting March 20, 2012
This is the date and time for a public hearing to consider making application for an Outdoor
Recreation Grant Program to develop Millbrook Park located in Stillwater Minnesota Notice
was published in the Stillwater Gazette on March 9 2012
City Planner Pogge informed the Council that the City can apply for a Minnesota DNR
Outdoor Recreation Grant for the development of Millbrook Park. This grant will assist the
City in completing the initial development of Millbrook Park that will include athletic fields,
playground equipment, picnic pavilion, trails, landscaping, and a parking lot, he stated. Mr.
Pogge indicated that a master plan was developed for the park that represents about $400,000
in improvements. The project will be funded with $200,000 from the City of Stillwater and
$25,000 from the St. Croix Valley Baseball Association. City funds will be from capital
outlay funds and no individual assessments are proposed for this project. The City of
Stillwater is seeking $175,000 from the State of Minnesota Outdoor Recreation Grant
Program for this project. Long -term maintenance cost on the park to the City of Stillwater is
expected to be $25,000 annually. If awarded, funds from the Outdoor Recreation Grant
program will be available sometime in the summer of 2012, he described. Work could begin
once the grants are awarded, with completion of the work by May 1, 2013.
Attached to this report is a development plan for the park and a cost breakdown to develop
the park.
On a question by Mayor Harycki, Mr. Pogge responded that there would be some scheduled
time for baseball games, but in the commitment letter to the City, the Baseball Association
indicated it was not seeking any special privileges or total control of the field, and the
Baseball Association would be paying rental fees for use of the field.
Mayor Harycki opened the public hearing. No comments were received, and the hearing was
closed.
Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution
2012 -048, authorizing the City of Stillwater to make application for a Minnesota DNR Outdoor
Recreation Grant for the development of Millbrook Park.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Case No. 2011 -04. This is the date and time for a public hearing to consider a request from City
of Stillwater for amendment to the City of Stillwater 2030 Comprehensive Plan specifically to
the City's Transportation Plan (addressing changes to Metropolitan Highways and Transit
Routes & Facilities), and the City's Park Plan (by adding the Middle St Croix Valley Regional
Trail Search Corridor) as required by the release of a Metropolitan Council System Notice was
published in the Stillwater Gazette on March 9 2012
Community Development Director Turnblad explained that the Metropolitan Council updates
its systems plans on a regular basis. He continued that Met Council recently did minor
updates to its transportation and park and trails system, which had some minor impacts to the
City. As a result, he pointed out that the City is required to update its Comprehensive Plan to
stay consistent with Met Council's plans. He reviewed the changes, noting that the changes
have little or no impact on City plans.
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City Council Meeting
March 20, 2012
Mayor Harycki opened the public hearing. No comments were received, and the hearing was
closed.
Motion by Councilmember Cook, seconded by Councilmember Menikheim, moved to adopt
Resolution 2012 -049, Approving update to the City of Stillwater 2030 Comprehensive Plan.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
This is the date and time for public hearing to consider the 3rd Street South street improvements
Notices were mailed to affected property owners and published in the Stillwater Gazette on
March 2 and March 9, 2012.
Public Works Director Sanders briefly reviewed the proposed project, highlighting the plans
to narrow the width of the street 4' by installing new curb and widen the sidewalk from 4' to
5' on the east side of the street from Orleans to Willard Street; he pointed out those changes
would result in about a 3' boulevard. He reported on project costs, with the City's share of
the $900,000 project estimated at about $51,000, 50% of which would be assessed to
property owners. He reviewed proposed assessments and the project schedule.
Mayor Harycki asked about the possibility of getting crosswalks at Third and Orleans or
Third and Fourth due to the proximity of Oak Park Elementary, and Mr. Sanders responded
that there will be pedestrian bump -outs at Willard, Churchill and Burlington, with bump -outs
planned at Orleans and Third when the County does improvements to Orleans in the future.
Mr. Sanders stated that he would contact the County regarding painting crosswalk stripes.
Mayor Harycki opened the public hearing.
Mark Brown, 1103 S. Third St., expressed that he was pleased they would be having a
boulevard again, suggesting that will correct an engineering mistake made 20 years ago. He
stated he wasn't real pleased with having to pay an assessment for sidewalk again, as he paid
in 1989. When he attended the neighborhood meeting no drawings were available, and he
hoped drawings would be available before Council approval. Mr. Sanders replied that the
County is working on the drawings, and at this point, approval is being sought to proceed
with the project, noting plans and specs will be approved at a later date.
No other comments were received, and the hearing was closed.
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt
Resolution 2012 -050, Ordering improvement and preparation of plans & specifications for the
Third Street South Street Improvement Project (Project 2012 -04).
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Page 9 of 17
City Council Meeting
UNFINISHED BUSINESS
March 20, 2012
Possible approval of second reading of Ordinance 1044 amending Chapter 43 Liquor, an
ordinance relating to the Sale of Intoxicating Liquor in the City of Stillwater
City Attorney Magnuson reported that the amendment makes clear that the City has a
combination license available to retail liquor establishments in the City. City Clerk Ward
noted the establishment must have a full on -sale liquor license in order to obtain a
combination license.
Motion by Councilmember Roush, seconded by Councilmember Menikheim, to adopt
Ordinance 1044, Amending Chapter 43, Liquor, an ordinance relating to the Sale of Intoxicating
Liquor in the City of Stillwater.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Discussion and decision on proceeding with the design for a possible expansion to the armory
gymnasium.
Community Development Director Turnblad explained that in order to keep the option of an
expanded gymnasium at the armory open, the Council needs to decide whether to authorize
expenditure of funds to do design work. He indicated that the armory will include a basic
assembly hall (gymnasium) built with federal dollars. The question, he pointed out, is
whether the City wants to expand that space to allow for more than just one full -size
basketball court. He reviewed two expansion options — the smallest size, about 14,100 square
feet, necessary to accommodate two full -size basketball courts and some bleacher space, and
a size of about 22,000 square feet, a size preferred by a group that recently toured similar
facilities -- and the City's cost responsibility for each option. In order to preserve some kind
of option for an expanded facility, Mr. Turnblad noted that the Council needs to decide
whether to spend 35% of the design fee. He added that 35% of the design fee for a 14,400
square foot facility would be about $30,000, about $58,000 for a 22,000 square foot facility.
Councilmember Roush thought the intent was perhaps a slight expansion to accommodate
some bleachers and stated he was surprised that the proposal is now for two full -sized courts
and bleachers. Mr. Turnblad responded that if the City goes with just the gymnasium the
National Guard will build, it will be one full -size court and nothing else.
On a question by Councilmember Roush, Mr. Turnblad answered that he thought two
volleyball courts could be accommodated on one full -size basketball court. A representative
of the Stillwater Club Volleyball Program confirmed that one minimum basketball court
could accommodate two practice volleyball courts. He explained that two basketball courts,
as designed, would accommodate 6 full -size, regulation volleyball courts, and that would
enable the program to run tournaments, something they cannot do at the high school. He also
referred to the existing shortage of space for volleyball.
Councilmember Polehna described the recent tour of facilities, and Tom Wiedner, chair of
Stillwater Girls Traveling Basketball Program, talked about the shortage of gymnasiums.
Mr. Wiedner pointed out that every space is currently run through the school district. He
asked the Council to keep the option of the expanded facility alive. He noted that their
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City Council Meeting
March 20, 2012
organization pays about $20 -$25 an hour to use the school district's gymnasiums during the
week, $30 an hour more on weekends, and the organizations raise the funds to rent the
facilities. He stated that they are not asking that the facilities be provided for free, they are
already paying to use facilities. He reiterated that there are not enough facilities and the need
will go up as the community grows. He expressed that they are asking that the Council keep
the opportunity (for the expanded space) alive moving forward, so the different user groups
can research this further and find different methods of funding. He spoke of the high use of
the facilities observed on the tour.
Mayor Harycki offered he would be in favor of keeping the option alive, suggesting the City
only has a chance to do this once; he also spoke in favor of going with the option for the
22,000 square foot facility, noting it can always be scaled back at a later date if necessary.
On a question by Councilmember Roush, Mr. Turnblad replied that the size of the facility
could be scaled back later, but the design dollars will have been spent, and he added
additional money would have to be spent to design it to a smaller facility. In discussion, it
was pointed out that key to whether a larger facility can even be accommodated on site is the
delineation of the wetlands; information that will be known before the design process begins.
On a question by Councilmember Cook, Mr. Turnblad answered that the decision to continue
to 100% design will have to be made after the public hearing process later this year.
Councilmember Menikheim spoke of the benefit to the community and pointed out that the
Council will not be committing 100% at this time, but enough to keep this option open.
Councilmember Cook noted this is an amenity, not a necessary item; she expressed that this
is taxpayer money and suggested the best gift one can give one's children is a debt -free
society. Councilmember Cook spoke of recent property tax statements which reflect a rather
dramatic decrease in property values, but an increase in property taxes and said she is
concerned that people forget about the economic realities. She pointed out that if the City
were to move forward with this, it would cost over $2 million just for the gymnasium.
Motion by Mayor Harycki, seconded by Councilmember Polehna, to direct staff to proceed with
the 22,000 square foot option and commit funds to the 35% design.
Ayes: Councilmembers Menikheim, Polehna and Mayor Harycki
Nays: Councilmembers Cook and Roush
Possible approval of plans & specifications for the 2012 Street Improvement Project
Mr. Sanders reported that plans and specifications have been completed and approval is
sought for authorization to solicit bids, with bid opening on April 13, and bid award at the
April 17 Council meeting.
Motion by Councilmember Menikheim, seconded by Councilmember Polehna to adopt
Resolution 2012 -051, approve plans & specifications and ordering advertisement for bids for
2012 Street Improvement Project (Project 2012 -02).
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Page 11 of 17
City Council Meeting March 20, 2012
Possible approval of release of funds for Lowell Park improvements
Public Works Director Sanders noted that he and Assistant Public Works Director Moore had
reviewed proposed improvements to Lowell Park at the March 6 Council meeting. Since that
time, he reported that Mr. Moore had received quotes for some of the work. He added that
staff is proposing to do most of the grading work in -house and use soil from the Recreation
Center, with a contractor mixing the soil with sand and compost for better drainage and turf -
growing capability. The City would then haul the mixture down to Lowell Park for the
grading. He reported that Raleigh Trucking will do the soil mixing for a cost of $14,000. He
indicated that the request also includes funding for rentals of rake and tiller and silt fence. He
stated that staff is requesting that $29,000 in Lowell Park funds be released to do the grading
portion of the work, from where the amphitheater is planned, all the way to Mulberry Point.
Quotes also were received for installation of the irrigation system, he noted, with a low bid of
$31,844; he pointed out that the system would be installed throughout the park, from Nelson
Street to Mulberry Point. He relayed some additional minor expenses associated with the
installation of irrigation amount to about $7,500. He also mentioned work on the gazebo, he
added, will be done in phases, and that they are asking for release of $8,600 in funds for
carpentry and concrete work. He noted these are just the first of planned improvements for
Lowell Park.
On a question by Councilmember Cook about the funding of the improvements, Mr. Sanders
replied that there is $500,000 available in the Lowell Park improvement funds.
Motion by Councilmember Roush, seconded by Councilmember Cook, to approve the release of
funds as requested.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
NEW BUSINESS (CONT.)
Possible adoption of resolution relating to the St Croix River Bridge Crossing=
Mayor Harycki read a resolution of appreciation to community members and legislative
leaders for passage of Congressional approval of a St. Croix River crossing.
Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt
Resolution 2012 -52, resolution of appreciation to community members and legislative
leaders on the passage of the congressional approval of a St. Croix River Crossing
Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki
Nays: Councilmember Cook
Possible approval of CLG Grant applications and Minnesota Historical and Cultural Grant
applications
City Planner Pogge informed the Council the grant applications are for two projects the
Heritage Preservation Commission would like to complete in the next calendar year. The
first, he continued, is to complete a study on the possibility of creating a local designation
district in the northeast portion of the Churchill/Nelson/Slaughter addition. He noted that the
focus of the study would be to develop a background/narrative of the neighborhood, defining
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City Council Meeting
March 20, 2012
a district that would be proposed to the City, along with website information for the
neighborhood and community to access. He noted that the study would not actually designate
a district, that discussion would take place after the completion of the study. The second
project is a public outreach education effort, developing podcasts highlighting the historic
downtown district. He indicated that 14 buildings have been targeted for the podcast series.
He stated that a number of communities have developed similar series that have been a
popular outreach tool both for the community and as a tourism device. He noted that a
brochure would be developed as well. He informed the Council that a modification to the
grant request has been proposed and is reflected in the resolutions; the modifications, and
indicated that this does not result in any additional financial contributions from the City.
On a question by Mayor Harycki, Mr. Pogge said the City's contribution is $3,000 for both
grant requests, an amount that is included in the City budget and that there is also some in-
kind staff time involved, as well as some miscellaneous costs such as postage.
On a question by Councilmember Polehna, Mr. Pogge said the CVB has been contacted and
is supportive of the effort, but is unable to contribute financially due to other obligations.
Councilmember Cook noted the funding is budgeted for this and the HPC has been talking
about finding ways to educate people about the historic nature of the town for a long time.
There was discussion about the amount of use of the podcast -type information.
Mayor Harycki suggested tying it to a broader outreach such as a walking tour, with historic
points. Mr. Turnblad explained how that is being done with this project.
Councilmember Polehna referred to the earlier discussion regarding the possible gymnasium
expansion and noted this is taxpayer dollars as well; there was discussion of the cost/benefit
of both projects.
Motion by Councilmember Cook, seconded Councilmember Menikheim to adopt Resolution
2012- 053, authorizing the City to make application for two certified local government grants
and two Minnesota Historical and Cultural Grants to the Minnesota Historical Society.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Possible authorization to prepare study to consider the designation of Historic Preservation
District
Mr. Pogge said authorization to begin a study to consider designation of an historic
preservation district is required by City Code. He pointed out as part of this study, there will
be a local outreach effort with a series of open houses. He also said a series of design
guidelines will be developed with input of the neighborhood residents that will be considered
by the City after the study is completed; other documentation will be prepared discussing the
historical significance of the neighborhood. He continued by stating that the HPC selected
this neighborhood, as described in the above action, for a number of reasons: high
participation in the Heirloom Homes program; the previously completed architectural study
of the neighborhood; and high concentration of historic homes in the neighborhood. He
informed the Council that authorization does not commit the City to the actual designation of
a local designation district in the future; it simply allows the Commission and staff to begin
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City Council Meeting
March 20, 2012
the study. Councilmember Roush asked if the HPC's scrutiny on remodels would be changed
if a district were created; Mr. Pogge said that could be a recommendation that comes out of
the study, along with creation of a set of design guidelines for that neighborhood and possible
recommendations for work that would trigger review by the HPC. Mr. Pogge said those are
issues that would be determined by this study; he stated that there is no preconceived notion
as to what, if any, scrutiny would apply.
On a question by Mayor Harycki, Mr. Pogge said the City currently does not have
remodeling guidelines. Mr. Pogge said it is anticipated there will be a series of three open
houses with residents of the neighborhood to have frank discussions about such issues so
they will be comfortable with what is happening. He continued by stating that it is desired to
have the residents understand and see the value of a district.
Councilmember Cook stressed the importance of education to get residents' buy -in. Mr.
Pogge talked about studies which indicate that property values in local designation districts
were 25% higher than properties on the other side of the street. Mr. Pogge explained the
study would be done by a consultant but guided by the HPC; he noted this is part of the grant
application discussed earlier.
Motion by Councilmember Cook, seconded by Councilmember Menikheim to adopt
Resolution 2012 -054, authorizing the Stillwater Heritage Preservation Commission and City
Staff to conduct a study that considers the development of a local Heritage Preservation
District.
Councilmember Cook reiterated that designated districts tend to improve property values and
protect the City's housing stock; she felt that this has long -term significances to the City as a
whole that benefits every resident.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Possible approval of first reading of Ordinance 1045 an Ordinance amending the Stillwater
Code, Chapter 21, General Provisions Section 21 Subd 11 Entitled "Election Wards"
City Clerk Ward informed the Council the Charter Commission had held a public hearing on
the proposed wards and the Commission unanimously approved the ward boundaries by
resolution. However, she noted that she can select precincts for the efficiency of the voting
process; she stated she is still working on the polling places, which will come before the
Council at the next meeting. Councilmember Roush said he has only heard good things about
the proposed ward boundaries.
Motion by Councilmember Roush, seconded by Councilmember Menikheim approving the
first reading of the ordinance incorporating those boundaries.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Possible approval of Tim Press reappointment to Joint Cable Commission
City Clerk Ward reviewed the reappointment of Mr. Tim Press.
Page 14 of 17
City Council Meeting
March 20, 2012
Councilmember Roush said Mr. Press would be a good resource for the upcoming re-
franchising process.
Motion by Councilmember Roush, seconded by Councilmember Cook to adopt Resolution
2012 -055, reappointing Tim Press to Joint Cable Commission.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Possible approval to accept bid to upgrade City's Outdoor Warning Sirens
Chief Glaser referred to Chief Gannaway's memo; and that due to the FCC's narrow banding
rule, all outdoor warning sirens must be upgraded in order for them to go off.
On a question by Councilmember Polehna, Chief Glaser thought there might be grants to
cover the cost.
Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the
quote from Ready Watt as recommended. All in favor.
Possible approval of new tobacco license located at 1754 Market Drive — Ryo Tobacco
Company, George Kabalan applicant —
On a question by Mayor Harycki, City Clerk Ward said this is a new license application.
Mayor Harycki said he would like to postpone this approval until Chief Gannaway is present;
he referred to some past issues with another licensee regarding synthetic narcotic substances.
Motion by Councilmember Roush, seconded by Councilmember Cook to table until the next
meeting. All in favor.
Strategic planning — Councilmember Menikheim
Councilmember Menikheim talked about the importance of strategic planning in order to
work together to deal with decisions the Council will have to make over the next several
years, decisions regarding the armory and fire station, for example, economic development
and redevelopment, the new state trail, and a new City festival. He talked about the
importance of having a vision, a big picture, rather than individual pieces of a puzzle. He
described a strategic planning process that would be utilized by a consultant he had spoken
with; cost, he informed the rest of the Council that the cost would be in the range of $2,700-
$4,500, which he suggested is a very reasonable price. He also provided a possible schedule
of the planning sessions.
Councilmember Roush disagreed with Councilmember Menikheim about hiring someone
from the outside, without an election certificate, to facilitate the Council, and that he felt that
facilitation is the function of the Mayor.
Councilmember Polehna suggested a lot of the planning has already been done, with the
development and adoption of the Comprehensive Plan; he suggested that perhaps what is
needed is to set priorities in the goals in the Comprehensive Plan.
Councilmember Menikheim spoke of the need for objectivity and suggested that no one on
the Council can be objective.
Page 15 of 17
City Council Meeting
March 20, 2012
Councilmember Cook said this is more than the Comprehensive Plan, it is how the Council
functions as a group and makes decisions; she felt that there is benefit in having an objective
party involved.
After considerable discussion, Mayor Harycki called the question and moved to proceed
without a consultant; Councilmember Roush seconded the motion.
Councilmember Polehna asked for input from Mr. Tumblad and Mr. Pogge. Mr. Turnblad
said he thought there were valid points on both side; and that the Comprehensive Plan is a
basic strategic document that gives a vision for the City and sets up certain goals and plans,
but said perhaps there is a role for someone to help the group prioritize /fine tune some of the
goals that are in the Comprehensive Plan.
Councilmember Polehna asked Mr. Turnblad if staff could put together a list of the priorities
for the next 10 -15 years. Mr. Turnblad said they could put together a list of important
projects, but noted it is the community and Council's role to set the priorities.
Councilmember Polehna suggested having planning staff put together the list of project and
focus the Council retreat on prioritizing the projects;
Councilmember Menikheim noted that still lacks the objective piece.
It was clarified that the motion is to proceed without a consultant.
Ayes; Councilmembers Polehna, Roush and Mayor Harycki
Nays: Councilmembers Cook and Menikheim
Councilmember Polehna asked to see the proposed consultant's qualifications, saying that is
why he voted in favor of the motion.
Councilmember Menikheim indicated that he would provide the qualifications to the
Council. He also asked about the scheduling of the Council retreat; Mayor Harycki said City
Administrator Hansen would do the scheduling.
Yellow Ribbon Update
Councilmember Polehna said the National Sea of Goodwill Award will be presented to the
City later on Thursday, March 22, 2012 at the Historic Courthouse.
There was discussion about restroom facilities at Teddy Bear Park. Mr. Sanders said staff is
working at cleaning up the park area and playground area (painting), and that the park would
be opened by the weekend. He noted all the other parks are open. Councilmember Polehna
suggested using portable toilets at Teddy Bear Park only to avoid the possibility of pipes
freezing to facilitate the early opening.
Mayor Harycki said he had received a call regarding trash along a roadway and said he had
noticed quite a bit of debris along Highway 36 by Target; he asked Mr. Sanders to look
getting Sentence -to -Serve for cleanup.
Page 16 of 17
City Council Meeting
ADJOURNMENT
March 20, 2012
Motion by Councilmember Menikheim, seconded by Councilmember Polel a, to bourn at
10:15 p.m. All in favor.
ATTEST: 7Hro`ki, Ken Mayor
Diane F. Ward, City Clerk
Resolution 2012 -039, Directing the Payment of Bills
Resolution 2012 -040, Approving Temporary Permit To Construct, Minnesota Commissioner
of Transportation, Shoddy Mill Project, Stillwater, MN
Resolution 2012 -041, Approving License to Use Real Property
Resolution 2012 -042, Accepting work and ordering final payment for Interceptor Sewer
Project (Project 2010 -08)
Resolution 2012 -043, Providing for the issuance and sale of $6,355,000 General Obligation
Capital Outlay and Refunding Bonds, Series 2012A, and levying a tax for the
payment thereof
Resolution 2012 -044, Approving Nature Valley Grand Prix Stillwater Bike Race
Resolution 2012 -045, Requesting conveyance of forfeited lands previously conveyed to the
City pursuant to Minn. Stat. §282.01, Subd.I
Resolution 2012 -046, enacting a moratorium on Community -wide celebrations within the
City of Stillwater
Resolution 2012 -047, Approving the final plat, final PUD site plan, and development
agreement for Millbrook 6th Addition Case No. 2012 -01
Resolution 2012 -048, authorizing the City of Stillwater to make application for a Minnesota
DNR Outdoor Recreation Grant for the development of Millbrook Park
Resolution 2012 -049, Approving update to the City of Stillwater 2030 Comprehensive Plan
Resolution 2012 -050, Ordering improvement and preparation of plans & specifications for
the Third Street South Street Improvement Project (Project 2012 -04)
Resolution 2012 -051, Approve plans & specifications and ordering advertisement for bids
for 2012 Street Improvement Project (Project 2012 -02)
Resolution 2012 -052, Resolution of Appreciation to Community Members and Legislative
Leaders on the Passage of the Congressional Approval of a St. Croix River Crossing
Resolution 2012 -053, authorizing the City to make application for two certified local
government grants and two Minnesota Historical and Cultural Grants to the
Minnesota Historical Society
Resolution 2012 -054, Authorizing the Stillwater Heritage Preservation Commission and City
Staff to conduct a study that considers the development of a local Heritage
Preservation District
Resolution 2012 -055, Reappointing Tim Press to Joint Cable Commission
Ordinance 1044, Amending Chapter 43, Liquor, an ordinance relating to the Sale of
Intoxicating Liquor in the City of Stillwater
Page 17 of 17