HomeMy WebLinkAbout2012-06-05 CC MIN41wateir
THE IIRTR E IA CE of IN INN EI /TA
CITY COUNCIL MEETING MINUTES
June 5, 2012
REGULAR MEETING 4:30 P.M.
Mayor Harycki called the meeting to order at 4:30 p.m.
Present: Councilmembers Polehna, Roush, Menikheim, and Mayor Harycki
Councilmember Cook arrived at 4:40 p.m.
Staff present: City Attorney Magnuson
Community Development Director Turnblad
Finance Director Harrison
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
City Planner Pogge
City Clerk Ward
IT Tech Bornt
OTHER BUSINESS
Board of Water Commissioners Workshop
Steve Speedling, Chair of the Water Department, introduced himself, as well as Robert Benson,
manager of Water Department, and George Vania, Board member. He explained that the
purpose of the workshop was to provide the Council with an update on the work of the Water
Department since the last workshop.
Mr. Speedling reported that there has been only a 1% response from the community to the rate
increase introduced earlier this year.
Councilmember Roush indicated that he has heard from several residents and he remains
opposed to the rate increase.
Mr. Speedling invited the Council to bring any issues to the department for discussion. He
reminded the Council that a study was done prior to the rate increase.
Mr. Speedling offered that the Water Department is looking at connecting with City Hall for
future sharing of data.
Mr. Benson explained that the Water Department and the City are working together to
coordinate Water Department access to the GIS system that the City currently has in place.
Mr. Speedling pointed out that right now, through the GIS system, public works staff can see
manholes, mains and valves, but cannot access the attribute data for the hydrants, valves and
services, or initiate work orders associated with the pipe segments. He added that the goal is for
City Council Meeting
June 5, 2012
staff to be able to view a map and see what has occurred in any segment in the City. The Water
Department will be responsible for making any changes and the system will be "read only" for
anybody else. The work order system will be developed in 2013.
Mr. Benson informed that the Water Department is also looking at a meter change -out program.
TKDA is currently doing a feasibility study. Most meters are now 20+ yrs old. The typical
lifespan is 20 -25 yrs. Due to current regulations, the meters cannot contain any lead in the brass,
narrowing down the choice of meter suppliers.
Mr. Speedling presented a resolution that the Water Board approved regarding street
improvements. He stated that some areas of the City have private service lines for which the
home owner is responsible. The Board agreed to split cost of water mains 50150 with residents
undergoing street reconstruction, for example, Linden Street.
Councilmember Roush asked if there is a remedy if the main is damaged by the City or the
Water Department. Mr. Benson answered that once the main is installed, the Water Department
takes care of it 100 %.
Mr. Benson noted that the Water Department has always worked with the City in eliminating
galvanized services impacted by street improvement projects. Another project underway is
Millbrook Addition. He continued that earlier this year the Water Department completed a rehab
at Well No. 6 and there was a chlorine leak. The department is in the process of replacing
valves.
Councilmember Menikheim mentioned that he has attended Water Board meetings and is
impressed.
Mayor Harycki brought up that the City is spending over 50 cents to send a utility bill to
residents. He asked if the City and the Water Board could eliminate some of that overlap in
mailing costs which could potentially save $3,000 a quarter by combining mailings.
Mr. Benson and Mr. Speedling responded that the Water Department would be happy to look at
that.
Councilmember Polehna spoke of a problem with mowing grass around the pump station at
Benson Park, and Mr. Benson remarked that it has been addressed.
Request for TIF assistance from HAF Group for new building at 229 Main St. S.
City Planner Pogge introduced the application of the HAF Group for Tax Increment Financing
Assistance. He stated the first floor of the building, to be called the Peaslee Building, will be
used for restaurant and retail, and the second floor will be used for office space. The building
design has been reviewed by the Heritage Preservation Commission and the Planning
Commission. The total square footage is approximately 3,120 square feet.
City Planner Pogge described that this request is due to two conditions: poor soil conditions and
additional flood proofing necessary due to the property being in the St. Croix River floodplain.
These issues add approximately $170,000 of cost. He added that total project costs are over $1
million. According to State Statute, this project is eligible for about $173,000 in TIF assistance.
The request is for $150,000 TIF assistance. City policy allows assistance in the amount of 50%
of the increased tax revenue over a five year period. This building would see about $20,900
annually of additional tax revenues which equates to approximately $52,250 in TIF assistance.
While the request exceeds that, City staff believes site conditions and the City's desire to see a
two story building rather than a one story building dictates a recommendation for approval.
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City Council Meeting
June 5, 2012
Mayor Harycki inquired if the extra cost comes from the weight of the second story. Michael G.
Hoefler, principal for HAF Group, responded yes. He reviewed the changes in plans since the
poor soil conditions were discovered. Additionally, construction will significantly match the
building that had been there before it burned down around 1951. The poor soil conditions added
items which added an immense amount of cost.
Mayor Harycki voiced that he likes the fact that the fagade looks like it fits into the area.
City Planner Pogge asserted that normally a retail office building is allowed up to 50% of the
increased tax revenue over a five year period, so this project would warrant $50,000 of TIF
assistance, but the applicant is requesting $150,000. It would require about 7.5 years to pay
back.
Councilmember Menikheim reiterated that the project appears to fit beautifully, but asked if this
the best use of our TIF funds and the benefit to the City.
City Planner Pogge replied that it brings an under - utilized property back onto the tax rolls.
Councilmember Menikheim commented that a one story project would also accomplish that.
City Attorney Magnuson noted an approach suggested by City Administrator Hansen was to
look at how much of the project could be financed by a bank and what the shortfall if any would
be. He continued that the main floor is to rent at $14 per square foot, the upper floor at $11 for
total of $50,000 of rental which supports a maximum loan of $400,000, so the shortfall on the
project is $345,000. This much of the owner's equity will have to go into the project to make it
feasible.
City Planner Pogge mentioned that the funds to be used would be from TIF District 1.
On a question from Councilmember Roush about the cost of the land versus construction costs
and why the property owner spent $1 million to get a building worth $600,000. Mr. Hoefler
responded that HAF Group is the architect and developer and intends to locate its own offices in
the structure. They have wanted to move to downtown Stillwater for many years, have been in
business since 1992, and have high paying jobs. The firm is currently housed in temporary space
on Chestnut Street. He conveyed that the company has a lot of emotional buy -in in the project.
Mayor Harycki commented that the plaza is nice but has no economic value, and that he wants
to review the City's plans for TIF District 1 which were crafted last fall.
City Planner Pogge provided that there is about $3 million in the TIF district today. The fagade
program has allocated about $300,000.
Councilmember Cook inquired if there would be other projects competing for this TIF money,
and City Attorney Magnuson listed other possible uses for the TIF funds are: fagade programs,
perhaps entrances on both ends of the City, possibly walkways and trail connections. He
continued that a building of this size and scope will generally increase the tax base for the
foreseeable future, and added that TIF was designed to spur development on under- utilized sites.
Councilmember Roush pointed out that the project isn't bringing in entirely new money to the
City, because the firm's employees are already working here in Stillwater.
Mayor Harycki asked how the TIF payments would be administered, and Mr. Magnuson
presented various options.
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City Council Meeting
June 5, 2012
Mr. Hoefler stated that he envisioned the money could be paid over 5 months in increments to
pay the subcontractors.
Councilmember Polehna reminded the Council that the City has been trying to find a location
for dumpsters downtown, and suggested perhaps this project might incorporate that. Mr. Hoefler
replied that a trash enclosure is planned for the project but it may not be able to be enlarged.
City Planner Pogge indicated that the City has been discussing different options for trash
enclosures with a few property owners. The issue is that no one wants it behind their building.
Motion by Councilmember Menikheim, seconded by Mayor Harycki, to direct staff to proceed with
drafting the development agreement with up front TIF assistance in the amount of $150,000.
Councilmember Cook expressed that she doesn't feel comfortable voting on this project yet. She
asked how the applicant was made aware of the possibility of TIF funding.
City Planner Pogge implied that staff made the applicant aware when the one story project was
proposed, because the one story design didn't seem to fit with the area.
Councilmember Roush voiced that he loves the project, but sees a big difference between giving
developers money and loaning them money.
Councilmember Polehna pointed out that the building will be there to provide increased tax
revenues over many years.
Councilmember Cook asked how the City could be sure the fagade would look as proposed, and
Mr. Hoefler responded that the firm has done many other successful projects in Stillwater.
Ayes: Councilmembers Cook, Menikheim, Polehna, and Mayor Harycki
Nays: Councilmember Roush
STAFF REPORTS
Police Chief John Gannaway reported that when the department staffed the temporary levee,
there was only one incident.
Fire Chief Stu Glaser relayed that the City has received an invitation from the East Metro Public
Safety Training Center to its groundbreaking ceremony Thursday, June 14th, at Hwy 120 and
Hwy 5 in Maplewood. He also informed the Council that the SCBA Maze Trailer, part of the
department's annual training for self - contained breathing apparatus, is on site. He invited
Councilmembers to visit the trailer to see what it's like to be in a confined space with an air tank
on.
City Clerk Diane Ward updated the Council on candidate filings which closed at 5 pm June 5.
Candidates are:
Ward 2: Cassie McLemore, Ted Kozlowski, Adam Frederick, Tom Corbett
Ward 3: Councilmember Roush and Tom Weidner
Community Development Director Turnblad mentioned the dirt in various places downtown is
part of the pedestrian walkway project.
City Planner Pogge submitted that construction is going well with the public bathrooms,
expected to be done by June 29. Some traffic redirection will be involved.
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City Council Meeting
June 5, 2012
On a question by Councilmember Polehna if Kolliner Park will be out from underwater by July
4th, Public Works Director Sanders responded that the river level has dropped four feet, and the
City shouldn't have to re- grade.
IT Tech Bornt gave the Council an update on the new chiller. The unit that was previously
recommended is quiet but there are some other units out there that are even quieter. The
information was sent to the sound engineer to verify the specifications. Staff has found a
different unit 4 -5 decibels quieter than the recommended unit, also is a few thousand dollars
cheaper. He offered that it appears the City can move forward with this model. It will take
approximately 8 weeks for delivery, and it will take 2 -3 weeks to replace the unit.
Councilmember Cook expressed appreciation for staff communication with residents on this
issue.
Councilmember Menikheim suggested sending a copy of the replacement plan with scheduled
dates of work to concerned neighbors.
The meeting was recessed at 5:50 p.m.
RECESSED MEETING 7:00 P.M.
Mayor Harycki called the recessed meeting to order at 7:03 p.m.
Present: Councilmembers Menikheim, Polehna, Roush, Cook, and Mayor Harycki
Staff. City Attorney Magnuson
Police Chief Gannaway
Fire Chief Glaser
Community Development Director Turnblad
Public Works Director Sanders
City Attorney Magnuson
Finance Director Harrison
City Clerk Ward
PLEDGE OF ALLEGIANCE
Mayor Harycki led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the
May 11, 2012 special retreat minutes and the May 15, 2012 regular meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Fire Chief Glaser presented a plaque to be given to Assistant Chief John Buckley, who is
retiring after 31 years. Mr. Buckley was unable to attend the meeting, however, Fire Chief
Glaser informed the Council of Mr. Buckley's many contributions to the department.
OPEN FORUM
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City Council Meeting
June 5, 2012
Karin Housley, president of the Stillwater Chapter of Let's Go Fishing, a nonprofit, informed
the Council the organization is offering free fishing and boating excursions to athletes of the
Special Olympics which is scheduled to be in Stillwater June 21 -23. She requested that the City
provide 12 parking spaces in the City's south lot for three days for parking for the athletes at no
cost. There was Council discussion on other possible parking locations.
Motion by Mayor Harycki, seconded by Councilmember Polehna, to direct staff to work with the
organization on the best location for the parking. All in favor.
Ms. Housley also announced she is running for State Senate.
Amy McKee, 601 Fourth Street South, addressed the Council on her ownership of chickens
which she discovered is against City ordinance. She is working with a number of other residents
who raise chickens to get the ordinance changed. Community Development Director Turnblad
relayed there has been no application yet for an ordinance amendment which costs $500.
Councilmember Polehna expressed concern that the issue could grow to include other farm
animals such as horses, goats, or pigs.
Councilmember Roush pointed out there are areas of the City where chickens would definitely
be unacceptable, and the Council is required to enforce ordinances that include the entire City.
Ms. McKee stated that other cities have ordinances regarding number and care of the chickens.
Her children consider the chickens as pets.
Councilmember Menikheim proposed that until the chickens become a problem, the City
shouldn't worry about it. The Council shouldn't get in the residents' way.
Councilmember Cook noted that changing an ordinance takes a lot of staff time and work,
justifying the $500 application fee. She believes the group is close to raising the $500
application fee. She would favor directing staff to work with the group if they apply for the
ordinance change through normal channels.
Councilmember Roush asked Mr. Magnuson if chickens could be allowed in some parts of the
City but not others, and he indicated that raising chickens seems to be an urban phenomenon
and staff could look at ways that other cities regulate chickens.
Chief Gannaway offered that his department can continue to advise the Council when there is a
complaint about existing chickens.
Motion by Mayor Harycki, seconded by Councilmember Cook, to direct staff to suspend
enforcement of the existing ordinance for 90 days pending looking at a possible amendment.
Ayes: Councilmembers Cook, Menikheim and Mayor Harycki
Nays: Councilmembers Roush and Polehna
CONSENT AGENDA
Resolution 2012 -089, Directing payment of bills
Resolution 2012 -090, Approving Change Order #1 Main Street Pedestrian Walkway Public
Restroom
Resolution 2012 -091, Approving Change Order #4 Main Street Pedestrian Walkway Public
Restroom
Approval of North Lowell Park power pole relocation
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City Council Meeting
June 5, 2012
Motion by Councilmember Polehna, seconded by Councilmember Roush, the approve the Consent
Agenda as presented.
Ayes: Councilmembers Menikheim, Polehna, Roush, Cook, and Mayor Harycki
Nays: None
PUBLIC HEARINGS
Case 2012 -15. This is the date and time for a public hearing to consider a request from Paul Larson
for a variance to the impervious surface requirements for an addition and second floor to the garage
and adding a second floor to main house located at 106 Lakeside Drive in the RB Two - Family
Residential District, and any variances related thereto Notices were mailed to affected property
owners and published in the Stillwater Gazette on May 25 2012
Community Development Director Turnblad explained this case was approved by the Planning
Commission with one condition: that Mr. Larson have a stormwater mitigation plan approved
by the City engineer and the DNR. The City is still waiting for that plan and approval. He
recommended the item be continued.
Mayor Harycki opened the public hearing.
Motion by Councilmember Cook seconded by Councilmember Polehna, to continue the hearing.
Ayes: Councilmembers Menikheim, Polehna, Cook, Roush and Mayor Harycki
Nays: None
Mayor Harycki closed the public hearing.
Case 2012 -17. This is the date and time for a public hearing to consider a request from HAF
Architects for a flood fringe conditional use permit for the construction of a two -story building at
229 Main Street South in the CBD Central Business District. Notices were mailed to affected
property owners and published in the Stillwater Gazette on May 25 2012
Community Development Director Turnblad presented that HAF is proposing to construct a
two -story building on Main Street. This portion of the request is to allow construction in the
fringe of the St. Croix River floodplain. The conditional use permit may be approved as long as
the building is at or above the floodplain and as long as the approaches to the building are no
more than two feet below the floodplain. He noted that this project meets those requirements.
Mayor Harycki opened the public hearing.
Hearing no persons wishing to testify, Mayor Harycki closed the public hearing.
Councilmember Cook asked Community Development Director Turnblad about other nearby
buildings. He stated most all buildings east of Main Street have similarly had a Conditional Use
Permit.
Motion by Councilmember Menikheim, seconded by Councilmember Roush, to adopt Resolution
2012 -093, approving a flood fringe conditional use permit as outlined in the City of Stillwater
floodplain overlay district regulations.
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City Council Meeting June 5, 2012
Ayes: Councilmembers Menikheim, Polehna, Cook, Roush, and Mayor Harycki
Nays: None
UNFINISHED BUSINESS
Possible approval of second reading; of Ordinance 1047 an ordinance amending the Stillwater City
Code Chapter 34 entitled Building Demolition
Motion by Councilmember Cook, seconded by Councilmember Polehna, to adopt Ordinance 1047,
amending the Stillwater City Code, Chapter 34, Entitled Building Demolition.
Ayes: Councilmembers Menikheim, Polehna, Roush, Cook, and Mayor Harycki
Nays: None
NEW BUSINESS
Possible approval of issuance of a new combination liquor license (on -sale and off sale) and
Sunday Domacin LLC applicant
City Clerk Ward explained that as a result of Council's March 20 action allowing combination
licenses, an application has been received from the current applicant. The applicant is willing to
upgrade from a wine /strong beer to a combination on -sale and off -sale and Sunday liquor
license. She stated that the applicant will have to abide by the off -sale liquor store hours set by
State Statute. The approval should be contingent upon approvals and inspections by the Police,
Fire, Finance and Building Departments. Staff recommends approval.
Motion by Councilmember Menikheim, seconded by Councilmember Roush, to adopt Resolution
2012 -094, approving the issuance of a combination and Sunday liquor license to Domacin LLC.
Ayes: Councilmembers Menikheim, Polehna, Roush, Cook, and Mayor Harycki
Nays: None
Possible appointment of Brian Larson to the Heritage Preservation Commission
Councilmember Cook indicated that she was part of the interview process and feels Mr. Larson
will be a valuable asset to the commission.
Motion by Councilmember Cook, seconded by Councilmember Polehna, to adopt Resolution 2012-
095, appointment to Heritage Preservation Commission.
Ayes: Councilmembers Menikheim, Polehna, Roush, Cook, and Mayor Harycki.
Nays: None
Request for Proposals for Police Department Expansion
Community Development Director Turnblad informed the Council that because the fire station
area will be freed up with construction of the new fire station, the existing space might be
reconfigured to provide for the needs of the Police Department. He would like to request
proposals for a study to be distributed in the next few weeks.
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City Council Meeting
June 5, 2012
Councilmember Cook asked if this would be an appropriate time to discuss having a fire
presence downtown after the new fire station is constructed, and Mr. Turnblad answered° that
this would be a separate project.
Mayor Harycki noted that he would hope to find out approximately how much money the City
could expect to spend for the possible retrofit of the station to serve Police Department space
needs.
Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution
2012 -096, authorizing staff to proceed with an RFP for expansion of the Police Department facility.
Ayes: Councilmembers Menikheim, Polehna, Roush, Cook, and Mayor Harycki
Nays: None
COMMUNICATIONS AND REQUESTS
Councilmember Polehna reported that plans for the July 4th fireworks are moving along. The
music will be simulcast on KLBB radio.
Councilmember Cook inquired about the expansion of the problem property issue brought up at
the last meeting. She asked if there was any progress on the possibility of the City contracting
with a service for housing inspections.
Community Development Director Turnblad answered that the City currently doesn't have a
code of what to inspect for, so hiring a service may be premature at this time. He stated that in
regard to the property on South Fourth Avenue, Mr. Magnuson is helping the City work toward
a finding that the building is abandoned. This approach will give the City more options. Mr.
Magnuson suggested that for the next meeting he could have four or five proposals from
inspection services for discussion.
Councilmember Cook informed the Council she has had complaints of chronic congestion
downtown. With completion of the bridge set for 2017, she stated the City is looking at five
more years of congestion downtown. She has contacted the Coast Guard to learn options for
requesting that the lift bridge schedule be changed. She learned that the issue was last looked at
by the Coast Guard in 1998.
Mayor Harycki offered that the City might solicit suggestions for a recommendation from the
Convention and Visitors Bureau.
Councilmember Menikheim expressed that he feels this is all part of a bigger picture of how can
the City control traffic. He suggested that perhaps instead of every hour or every half hour, the
bridge could wait to be lifted every hour during the most intense traffic times. He suggested
consulting Mr. Anderson of St. Croix Boat and Packet Company about the issue.
Mayor Harycki noted that getting everyone on the same page, and approaching the Coast Guard
with a concrete proposal for suggested lift times, might provide a better likelihood of success.
Councilmember Polehna indicated that feedback could be solicited from the Assistant
Commissioner of Transportation.
Public Works Director Sanders agreed to organize a meeting among stakeholders on this issue.
Mayor Harycki reported that the City's current population is 18,299 according to the
Metropolitan Council.
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City Council Meeting
June 5, 2012
Mayor Harycki recapped the Council's recent meeting on review design of the proposed
Armory/Fire Station. He pointed out that the process is moving forward, and final concept
sketches should be before the Council on July 3.
Councilmember Roush mentioned that at an earlier meeting today, the Fire Department
effectively cut some costs from the project. The department continues to be diligent in cutting
costs wherever possible.
Councilmember Menikheim spoke about the fact that the Council has been waiting to get iPads
which are in the budget. He also would like to move forward with getting the City H all
equipped with wireless access.
Mayor Harycki stated that he thought the school district had previously expressed an interest in
some type of cost sharing. He requested that City Clerk Ward follow up on this.
Councilmember Menikheim suggested the City revisit having a lobbyist.
Mayor Harycki stated that money is needed to complete the Gateway Trail. He believes the City
should look at possibly hiring a lobbyist to help obtain funding for this project and others, as
part of budget discussions.
ADJOURNMENT
Motion by Councilmember Menikheim, se,
All in favor.
ATTEST:
Diane F. Ward, City Clerk
7 p.m.
Resolution 2012 -089, Directing the Payment of Bills
Resolution 2012 -090, Approval of Change Order #1 Main Street Pedestrian Walkway Site Work
Resolution 2012 -091, Approval of Change Order #4 Main Street Pedestrian Walkway Public
Restroom
Resolution 2012 -092, Authorizing the Certified Local Government Grant Application
through the Minnesota Historical Society
Resolution 2012 -093, Approving a flood fringe conditional use permit as outlined in the
City of Stillwater floodplain overlay district regulations
Resolution 2012 -094, Approving the issuance of a combination and Sunday liquor license
to Domacin LLC
Resolution 2012 -095, Appointment to Heritage Preservation Commission
Resolution 2012 -096, Authorizing staff to proceed with an RFP for expansion of the Police
Department facility
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City Council Meeting
June 5, 2012
Ordinance 1047, Amending the Stillwater City Code, Chapter 34, Entitled Building
Demolition
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