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HomeMy WebLinkAbout2012-09-18 CC MIN1 4= Ater TNI NINTH â–ºLACE OF MINN IIOTA CITY COUNCIL MEETING MINUTES September 18, 2012 SPECIAL MEETING Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Absent: None Staff: City Administrator Hansen Community Development Director Turnblad Fire Chief Glaser Public Works Director Sanders Finance Director Harrison City Clerk Ward OTHER BUSINESS Workshop on Fire Station 4:30 P.M. Community Development Director Bill Turnblad explained that at the last Council meeting, the Council directed staff to look at ways to reduce the cost of the project, which was $8.3 million including $7.3 million for construction. Fire Chief Stu Glaser reviewed the history of the project. A year ago, a team was put together to design a new fire station to meet the needs of the city today and into the future. Consultants and Fire Department staff have been considering space needs, level and quality of service, and fire protection delivery against project costs - both hard dollar costs and operational /efficiency costs. Doug Wild, BWBR Architects, showed the Council revised draft plans. Though on -site training opportunities and building flexibility would be impacted, the building's costs could be reduced by: 1. Removing the top of the tower 2. Reducing the size of the mechanical mezzanine 3. Eliminating one restroom 4. Eliminating one unisex restroom 5. Reducing the size of the public restroom 6. Reducing the size of the reception area 7. Reducing the size of the entry area 8. Reducing the size of the kitchen 9. Eliminating the Emergency Operations Center, instead sharing the Emergency Operations Center planned for the Armory 10. Eliminating one laundry room 11. Reducing the size of the fitness area City Council Meeting September 18, 2012 12. Reducing the size of the resident shower and restroom 13. Reducing finish costs 14. Eliminating the storage building. Councilmember Cook asked if sharing the Emergency Operations Center (EOC) would pose an access problem. Community Development Director Turnblad responded that emergencies would likely require both groups to be present anyway, but an agreement is being worked out through the joint powers agreement process. Fire Chief Glaser explained that an EOC is an area designed to maintain continuity of operations and government, to be used in an emergency such as a tornado or terrorist attack. Events occurring in the City of Stillwater would be under the jurisdiction and responsibility of the City to respond. He has talked with Washington County emergency operations staff who is very interested in potentially sharing the space as a designated alternative EOC. John Huenink, Kraus- Anderson, reported that with the new design, square footage would be reduced from 34,325 to 29,600 square feet, saving approximately $900,000 which, together with soft cost reductions, would bring the total to $6.9 million. Mayor Harycki asked if any of the eliminated elements could be added back in post - construction. Mr. Wild responded that there is room for another bay to be added; architects are thinking about the future from a site plan and utilities standpoint, though future expansion would generate additional hard costs. Councilmember Menikheim asked if this is a 50 -year fire house because he wants there to be room to expand. Fire Chief Glaser replied he believes it is. Currently there are six bays; the new station will have seven more efficient drive - through bays. Mayor Harycki asked if the formula used to allocate costs to surrounding communities via fire contracts includes any capital costs. Finance Director Harrison responded it includes depreciation of the apparatus and the fire hall. City Administrator Hansen added that the formula takes into consideration the city's total costs which determine the amount the townships pay. Fire Chief Glaser stated that the Stillwater Fire Department services 100% of Stillwater Township, about 40% of May Township and 38 -40% of Grant. 80% of calls are in the Stillwater City limits. Councilmember Cook said she sees growth slowing down, so combined services may be in the future. Community Development Director Turnblad stated the City limits at Hwy. 12 and 96 will probably go to about 25,000 at build -out. City Administrator Hansen added all the infrastructure has been sized for the City to end at Hwy. 12, 36, and 96 so its growth has already been predetermined over the last several years. Page 2 of 11 City Council Meeting September 18, 2012 Fire Chief Glaser reminded the Council it is not just residents we protect - it is all the visitors, river users, and so on. Councilmember Cook responded that is why she feels a substation should remain downtown; she is concerned about having adequate protection. Fire Chief Glaser stated that studies have shown that a centrally located station will adequately serve the needs of the City. There would be costs with going to a two - station model - unless it is staffed, the City would not see efficient response time. Staffing it would increase operational costs considerably, and the fire department currently doesn't have enough full -time staff to cover two stations. Councilmember Menikheim suggested the Council revisit staffing a substation with part-time staff. Councilmember Polehna said past councils have determined the city could not afford to have two stations. His ward receives substandard service. Councilmember Cook replied that she and Councilmember Menikheim were not part of those past conversations. She expressed concerns about downtown water rescues, summer tourists, older homes, an aging population, and historic buildings, as reasons to retain a substation closer to downtown. All wards should have equal service in terms of response time, but she sees the scale tipping in favor of the western wards and wants to find a compromise. Councilmember Menikheim stated he understands the concerns expressed, but the Council needs to deal with facts, not emotions. He would like a factual discussion of staff numbers. Fire Chief Glaser stated the issue of one versus two stations was previously studied in 2005 and 2011. A single central station would result in a five to six minute response time within the entire City limits. Currently the farthest portions of the City have a nine -plus minute response time; part of this is due to the geography and street layout of the City. Councilmember Menikheim said the seven -year -old study doesn't account for recent variables that have materialized in the last year. Councilmember Polehna countered that previous studies looked at expected growth projections. Mayor Harycki commented that the Council will have to reach consensus on one station or disregard all the previous data and start looking at a two - station model. Fire Chief Glaser explained that if the Fire Department staffs two stations full time, it would need six extra people, incurring roughly $400,000 in additional salaries. If it switched to a paid on -call model it would incur roughly $424,000 in additional salaries. That doesn't include costs of additional bunker gear, physicals, training and so on. While he acknowledged the perception that full time is much more expensive, volunteer, paid on -call is not necessarily cheaper than going full -time. He summarized the different types of construction materials in Stillwater homes, and the impacts on the spread of fire. He recommended that a single central station model be used and that the City would be better served out of a central station when it is staffed appropriately. Councilmember Polehna asked Fire Chief to explain the difference of burning factors between the older homes of Stillwater compared to newer construction. Chief Glaser explained that older homes on fire act a lot differently than new homes. Many homes in the old city are further Page 3 of 11 City Council Meeting September 18, 2012 apart which is an advantage. New condos downtown have sprinkler systems, which is a tremendous advantage. Community Development Director Turnblad said if a decision isn't made very soon, the City will have to revise the construction schedule and jeopardize some of the scales of economy with the Armory. The Readiness Center would have to have some tweaks because it would then be a freestanding building. City Administrator Hansen added that the revised $6.9 million estimate being discussed doesn't include land ($250,000 for the Fire Department's share of the land), and asked Finance Director Harrison to run cost figures on debt service. Finance Director Harrison stated that for $6.9 estimate excluding the land, debt service costs would be $468,000, compared with debt service on $7.224 million, including land costs, which would be $485,000. Councilmember Cook expressed concern that cost estimates for the Fire Department don't include the city's donation of the portion of the land for the Armory, approximately $900,000. City Administrator Hansen reiterated that the $900,000 can't be considered to be Fire Department costs. The only land cost for the Fire Department that can be considered is the $250,000 for the portion of the land that would be for the Fire Department. Councilmember Roush pointed out the City recovers the value of that money by building the fire station and sharing services in the building. Mr. Huenink stated that of total square footage, more than half is shared because the EOC is the biggest room; he estimated that half of $1.4 million not including site costs are being saved by co- locating. Councilmember Cook asked how much residents' taxes will go up to pay for this facility, and for how long. Finance Director Harrison responded it will be a 25 -year issue and she is not yet sure what individual taxpayer impacts would be as they have not received information from Washington County yet to determine that impact. Councilmember Polehna pointed out ISO ratings also impact homeowners' costs. Councilmember Roush remarked that eight to nine years ago, North St. Paul built a new 35,000 square foot fire station at $6 million. Now two other metro communities are looking at building comparably sized facilities and are looking at $10 million each. So Stillwater is looking good and is at the low end - the City is getting a good value for its money. He feels the City should seriously look at adding back the cold storage space because that is just going to get more expensive. Motion by Mayor Harycki, seconded by Councilmember Roush to adopt Resolution 2012 -152 Authorizing Staff to Proceed with Design of a Single Fire Station, and undertake construction simultaneously with the National Guard. Ayes: Councilmembers Menikheim, Roush, Polehna, Mayor Harycki Nays: Councilmember Cook The meeting was recessed at 5:52 p.m. Page 4 of 11 City Council Meeting September 18, 2012 REGULAR MEETING 7:00 P.M. Mayor Harycki called the recessed meeting to order at 7:06 p.m. Present: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Absent: None Staff: City Administrator Hansen Community Development Director Turnblad Public Works Director Sanders Police Chief Gannaway Fire Chief Glaser City Attorney Magnuson City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the September 4, 2012 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS United Way- Angie Lein Angie Lein, executive director of United Way of Washington County East, discussed the fall campaign. The theme is "Different Styles, One Mission to Change Lives with One Gift." She explained the mission, programs, and four focus areas of the organization: basic needs, youth, health, and self sufficiency. OPEN FORUM Leslie Aagard, 1015 Fourth Avenue South, expressed concern on behalf of FAN, Friends and Neighbors, about distressed housing in Stillwater. Specifically there is a house on Fourth Avenue South that has been vacant and deteriorating for five years. She had City Attorney Magnuson send a letter to the property owner of the vacant home. The group would like to educate the public on the resources available to bring such homes up to code. City Attorney Magnuson confirmed that a notice was sent to the homeowner listing the required repairs and giving him until August 1 to complete the work, but there has been no activity. The next step is to order an appraisal of the neighborhood and if it is clearly shown that nearby property values have depreciated due to this property, the City will be able to take appropriate enforcement action. Mayor Harycki stated the problem property ordinance was enacted about a year ago so the City is working on the issue. Page 5 of 11 City Council Meeting September 18, 2012 Councilmember Cook commented the City should be more proactive in seeking out problem properties to avoid "demolition by neglect," rather than waiting for concerned citizens to bring them to the City's attention. Ann Martin, 1112 North Second Street, agreed with Councilmember Cook. She said a property next to her has been vacant for several years. She feels the City is oblivious to problem properties. Councilmember Cook suggested taking an inventory of the worst properties to get some resolution. This could be done by an intern or could be a pilot project. STAFF REPORTS Police Chief Gannaway reported that registration is open for the Youth Firearms Safety Course which will be held the last two weeks in October. Fire Chief Glaser reported on last Thursday's large scale mass casualty drill. It involved nearly 300 people including several agencies and hospitals, and was a well executed exercise with lessons learned. An after - action report will be forthcoming. Community Development Director Turnblad provided a draft of the event survey and asked Council to review and send comments within the week so a final draft can be completed. Public Works Director Sanders stated the water management consultant is doing a plant survey and meetings have taken place with lake homeowners' groups. A water management plan will probably be implemented in the spring. City Attorney Magnuson informed the Council that the City's ten -year lease with the Arcola Development Company for the parking lot at the corner of Second and Mulberry will expire on October 2. Arcola would like to renew the lease agreement. Staff would like to renew but shorten the term and shorten the one -year notice provision, in case another use for the property is found. He recommends giving a one -year notice to terminate now, which will give staff time to negotiate an extension that will have a shorter termination period. Motion by Councilmember Cook, seconded by Councilmember Polehna, to direct staff to give one- year notice to terminate the lease. All in favor. City Administrator Hansen noted that as treasurer for the Water Board, he has reviewed the Board of Water Commissioners' Financial Statement and has no issues with it; it was a clean audit report. The 2010 and 2011 statements are within a few dollars of each other. NEW BUSINESS Funding for Bridge Coalition City Attorney Magnuson reported on two problems found by the auditor regarding the payment of lobbyist expenses: tax increment financing cannot be used for lobbying expenses, and the City did not have a written contract with the Coalition for those services. The auditor has indicated that Minnesota Statute says a city can spend up to $50,000 from the general fund to pay any organization to promote, improve or develop the economic resources for the community. If there is a finding that the City believes the Coalition's efforts to secure a new river crossing really are efforts to promote, improve and develop economic resources, and then there is authority within the statute for the City to pay the coalition directly for that work. Page 6 of 11 City Council Meeting September 18, 2012 City Attorney Magnuson continued that the February 23, 2012 meeting minutes state there was a motion to pay two lobbyist firms $7,500 each, but there was never any response to that and the feeling was that they didn't want to contract directly with the City for this lobbying work. He drafted a new contract between the City and the Coalition which provides that when the Coalition uses a lobbyist, the Coalition will pay for those services, taking the burden off the city. Councilmember Cook expressed concern about spending City funds since the bridge project has now been approved by the Senate, the Congress, and President of the U.S. She asked why the City would spend additional money on the project and felt there were better uses for the money. Councilmember Roush added that the minutes show the City was considering the expenditure in February because there was going to be a massive push for approval in the next 30 days, so there was a sense of urgency then that he does not see now. Mayor Harycki reminded the Council that eight years ago, the project was stopped within 30 days of letting bids. So even having reached this point, the possibility of encountering another roadblock is always a threat. The project is moving into the next phase, design and economic development dealing with impacts to businesses, so there is still a lot to be done. Councilmember Roush expressed concern about double taxation of residents of Stillwater, since Washington County has already given money to the Coalition. Mayor Harycki reiterated that the proposal is to repurpose $15,000 to the Coalition, matching Washington County's contribution. Councilmember Menikheim remarked that he agrees that City support is needed but asked if the City could contribute a lesser amount. Mayor Harycki commented that he would not want the project to get this far and then get blocked by a frivolous lawsuit or some other roadblock. Councilmember Polehna stated that he understands Councilmember Cook's opinion, but believes there are attempts to halt the permitting process, so the Coalition's efforts need to continue. The City will benefit from the project going forward. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to contribute $10,000 to the Coalition. Councilmember Menikheim offered an amendment to the motion that this is the last funding the City will contribute. Councilmember Polehna agreed to the amendment. Ayes: Councilmembers Menikheim and Polehna, Mayor Harycki Nays: Councilmembers Cook and Roush CONSENT AGENDA 13. Resolution 2012 -149, directing payment of bills 14. Resolution 2012 -150, approving Washington County Cooperative Agreement 15. Possible approval of placement of signs for Fire Prevention Week 16. Board of Water Commissioners Financial Statement 17. Resolution 2012 -151, approving the Non Federal Sponsors Self- Certification of Financial Capability for Agreements (Replaced Item 20) 18. Resolution 2012 -126, approval of Agreement with Daniel Hoisington DBA: Hoisington Preservation Consultants [This was pulled from August 21, 2012 Consent Agenda, but was neither discussed nor approved.] Page 7 of 11 City Council Meeting September 18, 2012 City Clerk Ward clarified that there was no discussion on item 18 at the August 21, 2012 meeting so it requires action at this time. Motion by Councilmember Roush, seconded by Councilmember Menikheim, to approve the Consent Agenda. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None PUBLIC HEARINGS Case No. 2012 -25. A request from Tisha Palmer for a zoning text amendment regarding Chapter 27, Section 27 for the keeping of chickens in the City of Stillwater. Community Development Director Turnblad reviewed the request and presented the draft ordinance as recommended by the Planning Commission. Key points of the ordinance are: up to five chicken hens on any lot in the City (no roosters); a permit would be good for two years; applicants would need documentation of education on the keeping of chickens; a chicken coop and an attached enclosed pen would be required; a fenced exercise yard or a mobile pen would be required allowing the chickens to get outside the coop and pen. The Commission did not recommend allowing free range chickens to roam the property. Mayor Harycki opened the public hearing at 8:00 p.m. Bob Watson, who was born in Stillwater, stated he raised chickens and roosters in his backyard without a permit and without problems for many years. He believes citizens should be allowed to have this educational experience. Brian McMahon, 1107 First Street North, a neighbor of Tisha Palmer, spoke in support of the ordinance. Tisha Palmer, 1115 First Street North, stated many cities across the country allow chickens in urban settings. She elaborated on the many benefits of raising chickens. Josh Wykle, 7837 Jamaca Avenue, Grant, said he recently moved to Minnesota and decided not to live in Stillwater because the City did not allow chickens. He stated chickens are much cleaner and less noisy than dogs. Brenda Goeltl, 723 Sixth Street South, told the Council she would like to be able to keep the chickens she has. She reiterated the benefits of eggs from home - raised chickens. Peter Schuna, 1220 Broadway Street North, spoke in favor of the City allowing chickens, which have been a great educational experience for his children. Judy Watson informed the Council that each of her friend Brenda's chickens have names and are special to her. Mayor Harycki closed the public hearing at 8:10 p.m. Councilmember Roush reminded the audience that the Council has to consider the entire City. People in his ward don't want chickens because it doesn't fit in their lifestyle. He is not against allowing chickens in the other parts of the City, but the ordinance cannot be applied only to certain areas. He cited information from the Centers for Disease Control (CDC) on diseases and Page 8 of 11 City Council Meeting September 18, 2012 germs spread by chickens, and information on salmonella cases in children spread by chickens. He quoted that the drawbacks of eating backyard eggs far outweigh the benefits according to the information he obtained. Odor, noise, rodents and an increase in the population of predatory animals can result. Councilmember Menikheim asked why residents who oppose the ordinance were not present at the hearing. He added that everyone faces the threat of salmonella when preparing any chicken. He does not see evidence supporting the negatives Councilmember Roush presented. Mayor Harycki read from the CDC web site some of the diseases passed on by dogs. Councilmember Polehna referenced the title of the ordinance, "Farm Animals," and pointed out that this is not a farm community, it is a metro area city. He is opposed to the ordinance. He recalled the complaints about coyotes in town and said allowing chickens would exacerbate that problem. Councilmember Cook wondered how many people already have chickens and asked if there been problems. Members in the audience indicated that there are more chickens in Stillwater than the Council is aware of. Motion by Councilmember Menikheim, seconded by Councilmember Cook to approve the first reading of an Ordinance amending City Code Section 31 -514 relating to the keeping of chickens. Ayes: Councilmembers Menikheim, Cook, Mayor Harycki Nays: Councilmembers Roush and Polehna Mayor Harycki reminded the Council that the second reading of the ordinance will take place at the next Council meeting. UNFINISHED BUSINESS Possible approval of second reading of Ordinance 1049 Amending Sec. 27 -3 of the City Code, entitled "Keeping of bees." Community Development Director Turnblad explained this is a second reading with one modification: requiring adjacent neighbors to be notified, but not to consent. Staff will mail notices to everyone within 150 feet of anyone applying for a permit. If no objections are received in 10 days, then staff can issue the permit if the rest of the requirements are met. If there are objections in that time period, the application will go before the Council to decide whether to issue the permit. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to adopt Ordinance 1049, Amending Section 27 -3 of the City Code, entitled "Keeping of Bees." Ayes: Councilmembers Menikheim, Cook, Polehna and Mayor Harycki Nays: Councilmember Roush Page 9 of 11 City Council Meeting NEW BUSINESS September 18, 2012 Possible approval of On -Sale & Sunda liquor license for Reve 324 located at 324 Main Street S City Clerk Ward noted that the application is to upgrade the existing Wine and Strong Beer license. Approval should be contingent on approval by City Police, Fire, Finance, Building Departments, and Minnesota Liquor Control. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2012 -153, approving the issuance of an On -Sale and Sunday liquor license for Reve 324 Inc. located at 324 Main Street South. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, and Mayor Harycki Nays: None Possible approval of Wine with Strong Beer liquor license for L & L Companies, DBA: Quickfire Pizza located at 116 Main Street S City Clerk Ward stated the approval should be contingent upon approval by the City Police, Fire, Finance, Building Departments, Washington County Health Department, and Minnesota Liquor Control. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2012 -154, approving the issuance of a new Wine and Strong Beer liquor license to L & L Companies, DBA: Quickfire Pizza located at 116 Main Street South, Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, and Mayor Harycki Nays: None No parking on Laurel and Owens Public Works Director Sanders explained the proposal is in response to residents' safety concerns. Washington County approved an in- street pedestrian sign. Removing one parking stall east of Owens, south of Laurel, would help increase sight distance. He noted that Washington County prefers not to stripe Owens Street for a crosswalk, but plans to improve Owens Street in 2014 and is considering a more permanent solution to improve safety. Motion by Councilmember Roush, seconded by Councilmember Cook, to approve Resolution 2012 -155, authorizing no parking at the intersection of Owens Street (CSAH 5) and Laurel Street. Ayes: Councilmember Roush, Cook, Polehna, Menikheim and Mayor Harycki Nays: None COMMUNICATIONS/REQUESTS Yellow Ribbon Update Councilmember Polehna reported that $40,000 has been raised to host a pheasant hunt for the troops. This will accommodate 160 of the troops who have returned from Afghanistan. The goal is to accommodate 200 troops so the group is trying to raise another $10,000. Page 10 of 11 City Council Meeting Distressed Properties September 18, 2012 Councilmember Cook asked to revisit this discussion. She and Councilmember Menikheim will meet with City Administrator Hansen, City Attorney Magnuson and Community Development Director Turnblad on the issue. November Calendar Councilmember Menikheim asked if the November 20 meeting could be moved to November 13 to accommodate a possible trip. City Clerk Ward agreed to email Councilmembers about the possibility of a meeting date change so they can check their individual schedules and decide at the next meeting. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn at 8:36 Diane F. Ward, City Clerk Resolution 2012 -126, approval of Agreement with Daniel Hoisington DBA: Hoisington Preservation Consultants Resolution 2012 -149, directing payment of bills Resolution 2012 -150, approving Washington County Cooperative Agreement Resolution 2012 -151, approving the Non Federal Sponsors Self- Certification of Financial Capability for Agreements Resolution 2012 -152, authorizing Staff to Proceed with Design of a Single Fire Station Resolution 2012 -153, approving the issuance of an On -Sale and Sunday liquor license for Reve 324 Inc. located at 324 Main Street South. Resolution 2012 -154, approving the issuance of a new Wine and Strong Beer liquor license to L & L Companies, DBA: Quickfire Pizza, located at 116 Main Street South. Resolution 2012 -155, authorizing no parking at the intersection of Owens Street (CSAH 5) and Laurel Street. Ordinance 1049, Amending Section 27 -3 of the City Code, entitled "Keeping of Bees." Page 11 of 11