Loading...
HomeMy WebLinkAbout2013-08-20 CC MINi1;44Z=N" ter THE IINTN CIF GE OF MINNFI. CITY COUNCIL MEETING August 20, 2013 SPECIAL MEETING Councilmember Menikheim called the meeting to order at 4:30 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner Absent: Mayor Harycki and Councilmember Polehna Staff present: City Administrator Hansen City Attorney Magnuson MIS Specialist Holman St. Croix Valley Rec Center Manager Brady Finance Director Harrison Community Development Director Turnblad OTHER BUSINESS Budget Workshop 4:30 P.M. City Administrator Hansen presented highlights of the budget. The State has changed the way levy limits are calculated. The Department of Revenue will not provide levy limit information until September. The levy as proposed will be up $122,124 over last year, or 1.174 %0. The tax rate will go down 6.3 %, partially due to residential values going down. The good news is that there is a zero percent increase in health insurance costs. Preliminary budget requests from department heads included lots of requests for additional personnel. Local government aid which was initially to be $290,558 will now be $568,591. Recreation Center Doug Brady, manager of the St. Croix Valley Recreation Center, stated there is continued competition with other arenas that offer ice time, resulting in a decrease in revenues. City Administrator Hansen pointed out the center is very careful about not budgeting for more revenue than anticipated. Community Development /Building Inspections /Parking Ramp Community Development Director Turnblad explained a proposal to change the one FTE that shares the two departments into a 1.5 FTE by having a half -time secretary in the Planning Department and a permit technician in the Building Department. This will give the Building Department more hours. City Council Meeting August 20, 2013 City Administrator Hansen explained the capital requests. Three departments, Community Development, Engineering and Planning /Building, are sharing the cost of a large scale scanner. MIS MIS Specialist Holman stated there are no major changes other than maintenance agreement increases. Mr. Hansen stated that Ms. Holman requested another FTE position which he had to deny this year but Council should consider next year. Councilmember Menikheim commented that the Council needs to address staff workload. MIS Specialist Holman responded that the Department needs another full -time person but anything would help. She and Rich support about 230 users. She anticipates workload will keep going up in the next five years. Legal City Attorney Magnuson reviewed his budget requests. Prosecutions are taking increasing amounts of time to the point of being a full time job. ADJOURNMENT The meeting was recessed at 5:46 p.m. REGULAR MEETING Vice Mayor Polehna called the meeting to order at 7:02 p.m. 7:00 P.M. Present: Councilmembers Menikheim, Kozlowski, Weidner, Vice Mayor Polehna Absent: Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Finance Director Harrison Community Development Director Turnblad City Clerk Ward PLEDGE OF ALLEGIANCE Sergeant Chris Felsch led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to approve the July 30, 2013 regular and recessed meeting minutes. All in favor. Page 2 of 11 City Council Meeting August 20, 2013 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificate of Appreciation and Presentation of Retirement Plaque - Ken Schmitz Vice Mayor Polehna read the Certificate of Appreciation commending retiring firefighter Ken Schmitz for his 25+ years of service to the community. Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to adopt Resolution 2013 -122, Certificate of Appreciation — Ken Schmitz. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None Police Department Awards Police Chief Gannaway presented Citizen Commendations to Sarah Norheim, Trenton Estes, and Dana Lucker -Milan for their surveillance of a burglary in progress and notifying the Police Department. He continued by saying that our community is the eyes and ears of the Police Department and the action by these individuals is a prime example. He also presented Police Department Letters of Commendation to Sergeant Jeff Stender, Officers Kyle Sykes and Ryan Mitchell, and Reserve Officer Jon Burke, and Distinguished Service Awards to Sergeant Chris Felsch, Officer Sandra Vetsch and Officer Ryan Mitchell. Conceptual discussion by artist Carly Schmitt of a potential public participation art project on Downtown Pedestrian Walkway Community Development Director Turnblad introduced Carly Schmitt, an artist who attended Stillwater High School, who specializes in "public participation" art. She has worked with a number of cities in Minnesota and in Germany on art projects that have engaged broad spectrums of those communities. Ms. Schmitt explained her proposal for a community project for the river facing wall of the pedestrian mall building. She presented samples of her public participatory artwork in other communities and ideas for possible grant funding. Councilmembers Menikheim, Kozlowski and Polehna expressed support for public art as it fits with the revitalization of downtown. Motion by Vice Mayor Polehna, seconded by Councilmember Menikheim, to instruct Community Development Director Turnblad to proceed with the proposal subject to funding. All in favor. OPEN FORUM Dick Zimmerman and Rick Chial, new owners of Stillwater Trolley, introduced themselves to the Council. Page 3 of 11 City Council Meeting STAFF REPORTS August 20, 2013 Police Chief Gannaway informed the Council there were nine locations for this year's Night to Unite. He also said extra police support and education continue for enforcement of motorcycle noise restrictions. Vice Mayor Polehna thanked Officer Young and merchants for their efforts on Night to Unite. Fire Chief Glaser announced the DNR fire threat level has been increased to moderate. He acknowledged receiving a check for $25 to the Fire Department from children at Thrive Time Daycare for purchase of equipment. Council asked City Administrator Hansen to send a letter thanking the children for their support of the Fire Department. Community Development Director Turnblad stated the RFP for a summer event generated five responses. Proposals are due at the end of September. Public Works Director Sanders indicated that winterizing the Lowell Park Bathroom would cost approximately $45,000 more for insulation, plus an additional operating cost of $2,000 per month for winter time. Vice Mayor Polehna suggested a compromise to look at options for a heating system to keep the bathrooms open one month longer in the fall and open one month earlier in the spring. Public Works Director Sanders reported that the majority of underground work is complete on the Corps of Engineers Project. Completion is anticipated by September 19. About a month of work is left on the street reconstruction project. City Administrator Hansen commended Public Works Director Sanders and the Engineering Department for generating zero complaints on the street projects. City Administrator Hansen clarified a previous meeting discussion, saying that he met August 9th with Jon Whitcomb who had done an inventory of downtown space. He is concerned about how to keep this information up to date. He informed the Council that Community Development Director Turnblad and he will meet tomorrow with a company that provides this service. Regarding discussion about forming an Economic Development Authority (EDA), he does not recommend a formal group, but does support an informal entity, perhaps with a two -year timeline that could be renewed every two years. He would recommend the group consist of two members of the Council and three from the Downtown Revitalization Committee. He received information from a consultant who responded to the RFP which needs some fine tuning. He hopes to meet with the consultant and will bring these items back to the Council at the next meeting. CONSENT AGENDA Resolution 2013 -121, directing payment of bills Resolution 2013 -123, approving State of Minnesota Joint Powers Agreements with the City of Stillwater on behalf of its City Attorney and Police Department Resolution 2013 -124, approval and acceptance of 2014 Volunteer Fire Assistance (VFA) Grant Award Resolution 2013 -125, resolution amending Resolution 2013 -12, Fees for Services /Publications Administrative Citations Fine Schedule Page 4 of 11 City Council Meeting August 20, 2013 Possible approval to purchase emergency lighting packet for 1st response engine — Fire Department Resolution 2013 -126, approval of Consumption & Display Permit (Liquor) for The Loft at Studio J LLC; DBA: The Loft at Studio J (located at 214 Main Street S) Resolution 2013 -127, Approval of request by Valley Ridge Shopping Center to rescind a previously approved sign variance Resolution 2013 -128, approval of Microsoft Licensing Agreement Resolution 2013 -129, amending Resolution 2013 -065, entitled "Amending Section 8 -4 Severance Pay of the City of Stillwater's Personnel Policy" Resolution 2013 -130, approval of Joint Powers Agreement of the SWAT Teams serving Washington County Resolution 2013 -131, approval of a resolution recognizing the historic significance of 114 Chestnut Resolution 2013 -132, appointment to Human Rights Commission Resolution 2013 -133, appointment to Board of Water Commissioners Resolution 2013 -134, approving offer to sell and memorandum of conditions- Mn/DOT Councilmember Menikheim requested that Resolution 2013 -131 be pulled from the Consent Agenda. Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt the Consent Agenda as amended. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None Councilmember Menikheim expressed concern about the building at 114 Chestnut Street becoming a victim of demolition by neglect. He wishes to draw to the public's attention the Heritage Preservation Commission's recommendation that the Council declare that due to the structure being among the oldest known wood structures in Stillwater, its preservation is important to the community and the State of Minnesota. He indicated there is now a buyer for the building. Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to pass Resolution 2013 -131, recognizing the historic significance of 114 Chestnut Street. Ayes: Councilmembers Menikheim, Weidner, Kozlowski, and Vice Mayor Polehna Nays: None PUBLIC HEARINGS Case No. 2013 -12. A public hearing to consider a request from Jon Whitcomb for final plat for a 15 lot residential subdivision known as Brown's Creek Preserve located at 12205 McKusick Road North and any variances related thereto. Community Development Director Turnblad explained the request. Page 5 of 11 City Council Meeting August 20, 2013 Vice Mayor Polehna opened and closed the public hearing. There were no public comments. Motion by Councilmember Weidner, seconded by Councilmember Kozlowski to adopt Resolution 2013 -135A, annexing land to the City of Stillwater pursuant to the joint resolution of the City and Town of Stillwater as to orderly annexation dated August 16, 1996; Resolution 2013 -135B, approving the final plat for Brown's Creek Preserve; and Resolution 2013 -135C, approving the development agreement for Brown's Creek Preserve, Case No. 2013 -12. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None Case No. DR/2013 -38. A public hearing to consider an appeal of the Heritage Preservation Commission's decision to deny a request for the proposed trash enclosure located at 101 Water Street North (associated with 127 Water Street South) in the CBD Central Business District. The proposed location will necessitate the City Council's consideration of the removal of a condition of approval associated with Case No. SUP/94 -39. Chuck Dougherty, applicant. Community Development Director Turnblad reviewed the request. Chuck Dougherty, the property owner, is requesting the City Council's consideration of an appeal to the Heritage Preservation Commission's (HPC) denial of a design review permit (DR2013 -34) for a proposed trash enclosure to be located at 101 Water Street North. The HPC denied the request on the basis that the proposed location at the southwest comer of the parking lot was not in conformance with the Inn's Special Use Permit (SUP 94 -39) and a more recently executed Development Agreement which stated the enclosure would be placed along the west side of the Inn. Staff believes that the trash enclosure proposed by Mr. Dougherty meets the standards of the Design Review Manual, Comprehensive Plan and the Heritage Preservation Ordinance. The application, however, does not meet conditions imposed through Special Use Permit 94 -39, as conditioned by the City Council, the Development Agreement approved by the City Council, or the lane width requirement outlined in the Zoning regulations. Councilmember Menikheim noted this problem has been going on for almost 20 years. He questioned the prudence of the original SUP requiring the trash be inside the building. He would like to rescind the SUP requirement from 1994 and consider locating the enclosure in the northeast corner along the pedestrian walkway where he feels it would blend in. Vice Mayor Polehna opened the public hearing. Chuck Dougherty, of the Water Street Inn, commented that the location on the southwest corner was proposed by former City Planner Pogge. He would prefer to place the enclosure near where it was prior to the pedestrian walkway in the northeast corner. It could be constructed with brick similar to the retaining wall and would have a roof. Brian Larson, Chair of the HPC, explained why the proposal was denied. He stated that the 1994 SUP stated the garbage should be inside. In 2011 the City made a concession to have the garbage adjacent to the building. Mr. Larson stated that both proposed locations are in view of the river and do not make sense. He understands the bar was built without permit or approval and did not go Page 6 of 11 City Council Meeting August 20, 2013 before the HPC. One on- street parking space could be designed for trash truck use so it should be either in the building or in the area adjacent to the exit door near the outdoor bar. He believes this is not a case of being anti- business, just being fair. Vice Mayor Polehna closed the public hearing. Councilmember Menikheim pointed out that the City did not previously enforce the ordinance or the SUP. He doesn't feel a trash enclosure in the northeast corner would cause a public problem. Councilmember Weidner remarked that the business should comply with the established restrictions and conditions. It is still a compromise if the trash enclosure is allowed to be outside. He is in favor of the HPC recommendation and feels it should be placed in the bar area as suggested by the HPC. Councilmember Kozlowski stated he is not comfortable with the locations in the corner of the parking lot and asked if it could be in the middle of the lot. He feels the most ideal spot would be near the outdoor bar but if it would cause extreme hardship to the Water Street Inn, he would look at other options. Vice Mayor Polehna said the City needs to start enforcing the rules on garbage, as he hears complaints all the time. Motion by Councilmember Weidner, seconded by Vice Mayor Polehna, to deny Heritage Preservation Commission's decision, sustaining the HPC decision to deny proposed trash enclosure location located at 101 Water Street North (associated wit h South). Ayes: Councilmembers Kozlowski, Weidner, and Vice Mayor Polehna Nays: Councilmember Menikheim UNFINISHED BUSINESS National Guard Armory Update the appeal of the a request for the 127 Water Street Community Development Director Turnblad informed the Council that Congress has not yet approved the Defense Department's 2014 budget. However the Armory construction drawings have been approved. Construction is still expected to begin in April 2014. NEW BUSINESS Request for Wharfage Permit - St. Croix Sailing Club City Administrator Hansen reviewed the request. The Club would like to spend the night of August 24 tying up against the levee wall in South Lowell Park. There would be 12 -15 boats. Vice Mayor Polehna said he feels the City would be letting itself in for many more such requests. Page 7 of 11 City Council Meeting August 20, 2013 Councilmember Menikheim, Kozlowski and Weidner felt that the City should give the request a try. Police Chief Gannaway noted that the City has had issues with boats that have moored against the levee wall. Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to adopt Resolution 2013 -136, granting a wharfage permit to the St. Croix Sailing Club. Ayes: Councilmembers Menikheim, Kozlowski, Weidner Nays: Vice Mayor Polehna Update on cost and funding mechanisms for Downtown Improvement Public Works Director Sanders reviewed ongoing and upcoming projects for Lowell Park areas, costs and funding sources which include the Lowell Park Improvement fund, a DNR Flood Hazard Mitigation Grant, remaining funding from the Pedestrian Plaza, the Water Street Inn assessment, Stage 3 Levee Wall Fund, Downtown Parking and TIF Funds. Total cost of all the projects to Lowell Park and downtown improvements is approximately $1.4 million. Possible approval of bids and awarding contract for Downtown Parking Lot Improvements Public Works Director Sanders stated that the low bidder was Hardrives for $581,450.46 which was $20,000 higher than the engineer's estimate, but staff feels it is still a very good bid. Work would begin in September and be substantially completed by the end of November. Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt Resolution 2013 -137, accepting the bid and awarding the contract to Hardrives, Inc. for the downtown parking lot improvement project (Project 2012 -06). Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None Possible approval of a contract for the 2013 -14 CLG Grant Project to create a self - guided video podcast walking tour of historical houses in Stillwater Community Development Director Turnblad explained that the City received a grant from the State Historic Preservation Office to work on a residential tour. Two very strong proposals were received from consultants interested in completing the project. The Heritage Preservation Commission (HPC) held a special meeting on August 12 to hear presentations by each consultant. The four members of the HPC present at the meeting, Chairman Larson and Commissioners Goodman, Johnson and Welty, scored the merits of each of the proposals and presentations. The tallied results were a tie. Following discussion, the HPC recommended by a 3 -1 vote, that the City Council enter into an agreement for services with Donald Empson. Page 8 of 11 City Council Meeting August 20, 2013 Mr. Empson explained the process he intends to follow to create the podcasts. He discussed his credentials. Mr. Hoisington summarized his qualifications for the project. Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to enter an agreement with Donald Empson. Ayes: Councilmembers Menikheim and Kozlowski Nays: Councilmember Weidner and Vice Mayor Polehna Staff will bring the item back to Council at their next meeting due to the tie vote. Possible approval for Washington Avenue storm sewer pipe joints repair Public Works Director Sanders explained that Washington Avenue, north of Frontage Road to Tower Drive, has approximately 767 lineal feet of pipe whose joints are now failing and need repair. The repairs would be done in phases over a three year period. The cost of this repair is $2,303 per joint for a cost $73,700. Staff recommends contracting with Thul Specialty Contracting, Inc. for $73,700 for repair of storm sewer joints on Washington Avenue. The money will come from Storm Sewer Repair Fund. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2013 -138, entering a contract with Thul Specialty Contracting, Inc. for repair of storm sewer joints on Washington Avenue. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None Discussion and possible approval of Sanitary Sewer Rates Finance Director Harrison explained the auditor's concerns about the Sanitary Sewer Fund. During the presentation of the 2012 financial statement, auditors strongly suggested that the City consider raising rates to cover the deficit in the Sanitary Sewer Fund. One of the auditor's main concerns was the depletion of cash in the fund. Staff strongly encourages raising sewer rates to fund the entire operating loss of $310,076. This option would result in a $3 increase in the base rate and a $1.10 increase in the overage rate. Ms. Harrison continued that the last sanitary sewer rate increase occurred in 2006. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution 2013 -139, increasing sanitary sewer rates by $3 in the base rate and by $1.10 in the overage rate. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None Page 9 of 11 City Council Meeting COUNCIL REQUEST ITEMS August 20, 2013 Councilmember Menikheim asked that staff present recommendations on how to pass along snowplowing costs to downtown property owners. Public Works Director Sanders stated that the information will hopefully be before Council the second meeting of September. Councilmember Polehna stated that he is not in favor of the City spending extra money on downtown snow removal, but if a district is set up and the costs are assessed to the businesses similar to the model in White Bear, he is more open to the creation of a district. Vice Mayor Polehna provided a Yellow Ribbon Update. The Pheasant Hunt for returning troops will be held on October 19. The Yellow Ribbon Network is looking for sponsors. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adjourn the meeting at 9:42 p.m. All in favor. ATTEST: • j6Z 14� Diane F. Ward, City Clerk Mi ael Polehna, Vice Mayor Resolution 2013 -121, directing payment of bills Resolution 2013 -122, commending Ken Schmitz Resolution 2013 -123, approving State of Minnesota Joint Powers Agreements with the City of Stillwater on behalf of its City Attorney and Police Department Resolution 2013 -124, approval and acceptance of 2014 Volunteer Fire Assistance (VFA) Grant Award Resolution 2013 -125, amending Resolution 2013 -12, Fees for Services /Publications Administrative Citations Fine Schedule Resolution 2013 -126, approval of Consumption & Display Permit (Liquor) for The Loft at Studio J LLC; DBA: The Loft at Studio J (located at 214 Main Street S) Resolution 2013 -127, approval of request by Valley Ridge Shopping Center to rescind a previously approved sign variance Resolution 2013 -128, approval of Microsoft Licensing Agreement Resolution 2013 -129, amending Resolution 2013 -065, entitled "Amending Section 8 -4 Severance Pay of the City of Stillwater's Personnel Policy" Resolution 2013 -130, approval of Joint Powers Agreement of the SWAT Teams serving Washington County Page 10 of 11 City Council Meeting August 20, 2013 Resolution 2013 -131, approval of a resolution recognizing the historic significance of 114 Chestnut Resolution 2013 -132, appointment to Human Rights Commission Resolution 2013 -133, appointment to Board of Water Commissioners Resolution 2013 -134, approving offer to sell and memorandum of conditions- Mn/DOT Resolution 2013 -135A, annexing land to the City of Stillwater pursuant to the joint resolution of the City and Town of Stillwater as to orderly annexation dated August 16, 1996 Resolution 2013 -13513; approving the final plat for Brown's Creek Preserve Resolution 2013 -135C, approving the development agreement for Brown's Creek Preserve, Case No. 2013 -12 Resolution 2013 -136, granting a wharfage permit to the St. Croix Sailing Club Resolution 2013 -137, accepting the bid and awarding the contract to Hardrives, Inc. for the downtown parking lot improvement project (Project 2012 -06) Resolution 2013 -138, entering a contract with Thul Specialty Contracting, Inc. for repair of storm sewer joints on Washington Avenue Resolution 2013 -139, approval of sanitary sewer rates Page 11 of 11