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CITY COUNCIL MEETING MINUTES
March 5, 2013
REGULAR MEETING 4:30 P.M.
Mayor Harycki called the meeting to order at 4:31 p.m.
Present: Councilmembers Memkheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Staff present: City Administrator Hansen
City Attorney Magnuson
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
Community Development Director Turnblad
City Clerk Ward
OTHER BUSINESS
Police Station study and preliminary cost estimate
Police Chief Gannaway informed the Council that the concept plan has been completed for a
new law enforcement facility using the existing fire station.
Joel Dunning, Wold Architects and Engineers, summarized the process used for the study,
which included touring police facilities in other communities, meeting with staff, an inventory
of existing space and space needed, and establishment of core design principles. An audit of the
existing building indicated the mechanical systems are in great condition, though some roof
repairs may be needed. The space needs analysis concluded that space available is adequate to
meet the needs. He presented a site plan and explained recommendations for reconfiguration.
The concept plan provides a secure area, vehicle parking, a more secure evidence area, an
adequately sized patrol area, and a welcoming lobby for the public. Mr. Dunning presented cost
estimates which total $1.65 million. With fees, testing, equipment, furniture and other
miscellaneous costs, the estimate totals $1.95 million.
Mayor Harycki asked how construction will be phased, and Mr. Dunning responded that a
preliminary phasing plan has been developed with a schedule based on the new fire station
being available for occupancy in December 2015. Phase one will be basement expansion of
locker rooms; phase two will be infilling of the two buildings, phase three will be fire station
remodeling, and phase four will be police station remodeling. Occupancy is expected near the
end of 2016.
Councilmember Kozlowski inquired about the competitive bidding process, and Mr. Dunning
replied that his firm does not construct projects, but has spent over four decades working in the
public sector, designing about 200 projects a year, so they know the competitive bid market.
City Council Meeting
March 5, 2013
Councilmember Kozlowski wanted to know if $150,000 for technology is enough, for instance,
for equipping squad cars, and Chief Gannaway answered that the squads are in a different
budget cycle. The technology in this proposal relates to evidence processing, fingerprinting,
potentially a card reader system for entry, and so on.
City Administrator Hansen added that the City budgets for technology in the operating budget;
technology is a huge portion of the operating budget.
Chief Gannaway explained how the public will access the department. There will be reasonably
secure rooms where a citizen can explain something to police staff without being in the public
hallway as it is now.
Councilmember Menikheim asked if the plans allow for expansion if necessary, and Chief
Gannaway replied there is some room to expand and the space can be configured to fit those
needs.
STAFF REPORTS
Fire Chief Glaser noted that with the recent significant snowfall, citizens should clear about
three feet around fire hydrants and the area around furnace outlets. He informed the Council the
funeral for New Scandia Firefighter Captain John Larson is this Thursday.
Community Development Director Turnblad stated that 120 applications were received for the
Planner position. There are 24 prime candidates. He hopes to interview around six people the
last week of March. The interim planner has been doing a great job.
Public Works Director Sanders stated that next Tuesday a neighborhood meeting will be held on
the two street reconstruction projects.
City Attorney Magnuson explained the ordinance on tonight's agenda, which would annex the
Greeley Street /Highway 36 intersection. After the bridge is constructed, the sewage will flow to
the north, allowing the abandonment of the utilities under the intersection, so MnDOT has asked
the City to annex this intersection. No objection has been received.
The meeting was recessed at 5:26 p.m.
RECESSED MEETING 7:00 P.M.
Mayor Harycki called the meeting to order at 7:00 p.m.
Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Staff present: City Administrator Hansen
City Attorney Magnuson
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
Community Development Director Turnblad
City Clerk Ward
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City Council Meeting March 5, 2013
PLEDGE OF ALLEGIANCE
Mayor Harycki led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to approve the
February 19, 2013 special and regular meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Resolution and Retirement Plaque - Leo Miller
Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution
2013 -029, Certificate of Appreciation — Leo Miller.
Ayes: Councilmembers Polehna, Weidner, Kozlowski, Menikheim, and Mayor Harycki
Nays: None
OPEN FORUM
There were no public comments.
CONSENT AGENDA
Resolution 2013 -030, directing payment of bills
Resolution 2013 -031, approving license to use real property
Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt the Consent
Agenda.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
PUBLIC HEARINGS
There were no public hearings.
UNFINISHED BUSINESS
First reading of an ordinance extending the corporate limits of Stillwater into certain unincorporated
territory that is less than 40 acres in area and more than 60% surrounded by the City of Stillwater.
Community Development Director Turnblad explained that a very small parcel of property in
the center of an intersection is to be annexed to clean up the boundary.
Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to approve the first
reading of an ordinance extending the corporate limits of Stillwater.
Ayes: Councilmembers Polehna, Weidner, Kozlowski, Menikheim, and Mayor Harycki
Nays: None
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City Council Meeting
NEW BUSINESS
March 5, 2013
Case No. 2013 -04, a resubdivision of Lot 2 Block 1 Jackson Estates to create a 21,152 square foot
lot located at 234 Rutherford Road in the LR Lakeshore Residential District. Cates Fine Homes
Jennifer Cates Peterson applicant.
Community Development Director Turnblad reported that Jennifer Cates has submitted a
request to subdivide the lot into two parcels. Parcel A would be 2.01 acres and would remain
vacant. Parcel B would be .49 acres (21,152 square feet) and be the site of a new house. The
proposed parcels satisfy all dimensional requirements except that Parcel B lacks about two feet
of required depth. So, the applicant will need to add a bit more depth or apply for a variance.
Improvements supporting urban density already surround the property. However, the existing
sewer and water stubs are not conveniently located for the proposed new home site.
Consequently, plans for new service connections will have to be submitted and approved by the
Public Works Director before the City can sign off on the deeds for the two resulting parcels.
Escrow in an amount determined by the Public Works Director to be sufficient to guarantee
restoration of any work in Melville Court will need to be deposited prior to commencing any
utility connection work within the City's road right -of -way. The president of the master
association of Liberty has asked to have an opportunity to review and comment, so staff
recommends approval with an added condition that before the building permit is issued, the
master Homeowners Association of Liberty have a chance to review and comment.
Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to adopt Resolution
2013 -032, approving a resubdivision of property located at 234 Rutherford Road, Case No. 2013-
04.
Ayes: Councilmembers Polehna, Weidner, Kozlowski, Menikheim, and Mayor Harycki
Nays: None
Possible approval of first reading of an ordinance to establish propertv maintenance standards.
Community Development Director Turnblad stated that the Council directed the City Attorney
to draft an ordinance that would address some of the maintenance issues associated with
residential building stock. The ordinance would be an amendment to the City's Nuisance Code.
The first reading of the proposed ordinance took place before the Council on December 4, 2012.
Upon closing the public hearing, the Council tabled the first reading and referred it to the
Planning Commission for comments. The Planning Commission discussed the ordinance on
February 11, 2013. They recommended: wordsmithing the definition of vacant; extending the
length of the vacancy or abandonment period beyond six months; and waiving the registration
fee if an owner plans to return when weather is warmer, or in other similar circumstances.
Councilmember Weidner asked what problem the City is trying to solve with the ordinance, and
Community Development Director Turnblad responded that the ordinance is meant to address
two things: abandoned properties and exterior maintenance standards for homes which have
become dilapidated.
Councilmember Menikheim added that the problem is not necessarily the nuisance houses
themselves, but the bigger issue of Stillwater's historic character. The City is losing its historic
housing stock and it should be cared for. He feels there is still tweaking to be done on the
ordinance.
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City Council Meeting
March 5, 2013
Councilmember Kozlowski asked how the ordinance differs from the existing nuisance
ordinance. If it is not a public nuisance, he questioned what control the City should have for
solely beautification purposes. He feels it is more of a nuisance issue; it would be good to give
the existing nuisance ordinance some teeth.
Councilmember Polehna noted some homeowners do not want to fix their property and create a
public nuisance for neighbors. He believes the City should focus on the nuisance aspects of the
ordinance rather than just the upkeep.
Councilmember Weidner asked what enforcement mechanism there is for the ordinance, for
instance if someone does not pay the $1,000, and Community Development Director Turnblad
replied that it would be enforced as a civil misdemeanor. He explained the difference between a
public health nuisance and an irritation. The nuisance ordinance does not currently give the City
the tool to take care of irritations.
City Attorney Magnuson agreed the ordinance needs more work. He stated staff was trying to
find a way to motivate the turnover of abandoned houses into an asset to the community rather
than a detriment. There has to be a way of exempting people who have vacant houses but take
care of them. In addition, with nuisance and housing violations cases, you need investigatory
people to do reports. The City has no one who can do such reports. The brief exterior structure
references in the ordinance define things that City planners can do with a drive -by so they do
not need a warrant to enter a home. The City does not want to target citizens who cannot afford
it or who have family circumstances where the house is vacant for a period of time. That is not
the intent whatsoever.
Mayor Harycki wondered if there are any programs whereby assessments can be deferred, for
instance for elderly people living on a fixed income. Community Development Director
Turnblad answered that Washington County HRA partners with several other groups to offer a
deferred loan for repairs if a home is owner - occupied, which is not due until the house is sold.
Chief Gannaway commented that periodically, calls come in on vacant homes, but it is not a big
problem.
Councilmember Weidner stated he agrees with the spirit of the ordinance, but it seems over-
reaching and to have property owners register for $1,000 seems a bit punitive.
Councilmember Kozlowski agreed. He would like to see that the ordinance does not burden
many of the historic homes with restrictive covenants.
Councilmember Menikheim asked how the City can make subjective decisions about what is
and is not a nuisance? City Administrator Hansen added that the City has been working on this
for quite a while. Staff agrees that the ordinance presented tonight is not final, but needs input.
He suggested that the Council table it and send it back to staff.
Community Development Director Turnblad suggested staff try to clarify the difference
between temporarily vacant and abandoned with no intention of returning, and bring the
ordinance back to the Council.
COUNCIL REQUEST ITEMS
Councilmember Polehna informed the Council that last week, he, Mayor Harycki, Washington
County Commissioner Gary Kriesel, and Washington County Public Works Director Don
Theissen met with the DNR Commissioner, Assistant Commissioner, and Director of State
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City Council Meeting
March 5, 2013
Parks and Trails to discuss possible funding options for the bridge across Manning Avenue for
the Brown's Creek Trail. Also, last Tuesday, he and Commissioner Kriesel testified in the
Senate committees for the bonding bill. He wants the Council to thank Senator Housely, Senator
Kent from Woodbury and Senator Sieben from the south end of the County for their support.
Mayor Harycki noted Representative Lohmer is working on a TIF extension bill to allow the
City more flexibility in using tax increment funds for items like the fagade program.
Councilmember Polehna thanked Public Works Director Sanders for a great job snow plowing
ADJOURNMENT
Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adjourn the
meeting at 7:48 p.m. All in favor.
Kenrycki, Mayor
ATTEST:
iane F. Ward, City Clerk
Resolution 2013 -029, Certificate of Appreciation — Leo Miller
Resolution 2013 -030, directing payment of bills
Resolution 2013 -031, approving license to use real property
Resolution 2013 -032, approving a resubdivision of property located at 234 Rutherford Road,
Case No. 2013 -04
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