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HomeMy WebLinkAbout2013-10-29 CC MIN it to INS 1IITNâ–șLACE OF MINNESOTA CITY COUNCIL MEETING MINUTES October 29,2013 Changed from November 5th due to School District Election REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, and Mayor Harycki Stillwater Township Supervisors Brandt, Countryman, Hiniker, Johnson, and Untiedt Absent: Councilmember Polehna Staff present: City Administrator Hansen Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison City Clerk Ward Library Director Bertalmio Visitors: Washington County Administrator O'Rourke Library Board Members Bell, Keliher, Library Board President Corbett Washington County Commissioner Kriesel Washington County Library Director Conley St. Cate's Student Bailey OTHER BUSINESS Discussion with Stillwater Township Supervisor Johnson indicated that there has been some confusion on action that was taken regarding a potential extension of the Orderly Annexation Agreement. The intent was to have a dialogue about determining any needed adjustments in the Orderly Annexation Agreement and whether or not it should be extended, rather than to simply extend or abandon the Agreement. He feels the document has served the boards well, fostering a good relationship between the Township and the City, and promoting ongoing dialogue in areas such as the St. Croix Valley Rec Center, providing the Township the opportunity to be a participant in some of the services and activities provided by the City. He asked that the two bodies continue discussion about whether to continue the framework established in the Agreement. Councilmember Menikheim noted that he does not see how it benefits the City to push the 2015 sunset date further into the future due to all the changes that have taken place in the City since the original Agreement, although he values the relationship between the Township and the City. City Council Meeting October 29; 2013 Councilmember Weidner acknowledged that his previous motion at an earlier meeting was to rescind the five year extension adopted by the Council last year. His motion passed on the Consent Agenda. He understands that the Council was to go back to the Joint Board to discuss remaining issues. Mayor Harycki pointed out that he values the opportunity to discuss common border issues with the Township. It will be up to the Council to decide whether to turn its back on the Agreement or to acknowledge there will be issues coming forth with the common borders. Township Supervisor Linda Countryman stated she feels it is more important than ever to be collaborating. She cautioned to not be hasty in determining how both boards should go forward. Township Supervisor Untiedt noted she would like to see the Joint Board continue to function in order to work through issues such as the Township having land that the City might want. She would like to discuss the Agreement and if no extension seems warranted, to discuss how the remaining properties should logically come into the City. Supervisor Johnson commented that for the majority of the property remaining in the Township, there is not much motivation for those individual property owners to request annexation. An example of one of the features of the Agreement that may need to be discussed and adjusted is connection charges. Councilmember Weidner clarified that his motion was not to take issues off the Joint Board's agenda; it was to not extend the Orderly Annexation Agreement. He understands that it will take a 4 /5th vote by both the Township Board and the Council to modify the Agreement. He believes he made it clear that his intent was to rescind the five year extension and to continue to discuss the possibility of extending it and modifying it to be fair to the process. Mayor Harycki remarked that to make the continued discussion productive, the Council should continue discussion about what the City wants to do with the remaining land. He suggested having a workshop at the November 19 meeting, then bringing the issue to the Joint Board perhaps in early December. Councilmember Menikheim stated he supports continuing the conversation. Township Supervisor Johnson indicated there could be justification for continuing to have a forum to meet without having to get the full Board or the full Council together to discuss issues. Councilmember Weidner noted he understands after reading the Agreement that the Joint Board will continue to exist for five years after the expiration of the Agreement. Discussion with Library Board Library Director Bertalmio introduced the members of Library Board in attendance. Library Board Chair Corbett referred to the August budget meeting where the Council discussed the subject of possibly having the County Library provide services for the City Library. City Administrator Hansen pointed out that discussion also considered the possibility of having the County run the Library for the City. He added that County representatives are willing to have that discussion, but not lead the discussion to avoid anyone thinking that the County is leading a charge to take over the City Library. Councilmember Weidner indicated he had asked whether the City had considered contracting with the County for library operation. He believes the answer provided to his question indicated Page 2 of 11 City Council Meeting October 29, 2013 this was not a possibility, but a 1984 opinion from City Attorney Magnuson stated that the Library had the ability to shift operations to the County. He feels the Stillwater Library serves a regional need and he wonders how closely the City communicates with the County about this. Mayor Harycki referred to minutes from the budget meeting stating that Councilmember Weidner asked if the Board has considered contracting services with Washington County and asked for further cost comparison information about County operation of the Library. Councilmember Weidner asked if the intent is to continue a discussion of the Library about its operation or to provide the numbers that were requested at the budget meeting. Mr. Corbett responded that the patrons of the Stillwater Library are generally residents of the City, for whom it is the closest library. However, residents from farther away may check out books under a reciprocal relationship. Library Director Bertalmio agreed that the Library's primary service area is Stillwater. Reciprocal borrowing and exchange of services is one of the things Minnesota libraries are noted for. Councilmember Weidner acknowledged that the Library serves a regional purpose and for that, receives some support from Washington County. He wondered whether or not the City should look at requesting increased support from Washington County. Mr. Corbett responded that Stillwater residents pay more for their library services than people in the County do - that is basic math, and does not necessarily mean that there are inefficiencies built into the City Library system, and that the Board tries to get the most for its dollar. Library Director Bertalmio pointed out that the subject of merging has come up a number of times since 1984, but the concept Councilmember Weidner brought up that was new was the concept of a management contract like the Washington County Library had with Forest Lake, from 1994 to 1999, before the Forest Lake Library merged with Washington County in 2000. The contract seemed to be muddy in terms of responsibilities, and financially not much of an advantage. Under such a contract, the City would still be liable for maintenance of effort and the Library Board would remain. Councilmember Weidner asked if there were a lower operational cost, could more services be provided, and Mr. Corbett responded that he does not think it is a given that the County could provide the services for less than what the City is paying, primarily because the County has a Union Agreement just like the City does and employee costs are very similar - the Board has looked at that. Mayor Harycki stated he has no interest in putting the Library services out for bid. He feels the existing structure works well, but if other Council members want to put it out to bid, the Council can take a vote on it. Mr. Corbett commented that Minnesota Statutes provide library boards a lot of independence. The members are appointed by the Council and the Council sets the budget, but there is a lot of discretion at the board level. So if the Council requests that the Board go out and bid for operation of the Library, he would have to take that back to the Library Board for a vote. Library Director Bertalmio added that if the management of the Library is going out to bid, the only other library that could possible bid for its operation would be Washington County Library, because of the regional public library system in the State of Minnesota. Page 3 of 11 City Council Meeting October 29, 2013 Mr. Keliher acknowledged that the question is probably focused on whether the Library is getting a good value for the money. He noted that public libraries usually get about 6% of their funding from sources other than the municipality - the Stillwater Public Library receives 13% of its funding from other sources, so it is doing quite a bit better than the average. Councilmember Menikheim, liaison to the Library Board, stated he sees no reason to put anything out for bid because they seem to be doing as well as they can. This is all about budget and the question is efficiency and effectiveness. He challenged the Library Board to come back and ask for as little as they need because they are able to find it elsewhere, as they figure out how to increase revenue streams. Councilmember Weidner noted he agrees with Councilmember Menikheim and feels one of those revenue streams is serving a regional need. He is grateful that the Council can talk about efficient operation and keep open dialogue with the Library Board. Mr. Corbett reiterated that in Stillwater 13.5% of the Library's expenditures come from non- public funds; the state average in 2010 was 9.4 %, so we are already doing a very good job. There are opportunities to improve on that. He added that the Library is a free service just like Police, Fire and Parks, and asked if the Council is asking those other groups to somehow generate 13.5% of their expenditures from non - public funds. He continued that this is about taking something that is very good and making it better, not about fixing something. Councilmember Kozlowski inquired about what would be the negative of outsourcing the management of the Library to the County, and Mr. Corbett replied that it is not clear if it would save money or not. It would mean the Library Board would have to provide a statement of work. Councilmember Menikheim commented that the Library Board has a lot of things that are more important to do, like work on a strategic plan. Mayor Harycki agreed with Councilmember Menikheim. Motion by Mayor Harycki, seconded by Councilmember Menikheim, to not direct the Library Board to put together a proposal for a bid for management services. Councilmember Weidner pointed out that his original question was not asking to direct anyone to go out for a bid. It was about looking for a more efficient way to provide the services. His question was not a personal challenge, it was a question about efficiency. Councilmember Menikheim rescinded his second to the motion. Mayor Harycki rescinded his motion. STAFF REPORTS Fire Chief Glaser updated the Council that the East Metro Regional Training Facility is under construction at 120 and Highway 5. The facility is proposed to be on the next bonding bill at the State Legislature. Mayor Harycki suggested revising a previous letter of support and sending it to the State Legislators. Public Works Director Sanders reported that the Corps of Engineers should be done with their work downtown by the end of the week. The goal is to have parking lots done by the end of November. Page 4 of 11 City Council Meeting October 29, 2013 ADJOURNMENT Mayor Harycki recessed the meeting at 5:38 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:07 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna (via teleconference), and Mayor Harycki Absent: None Staff present: City Administrator Hansen Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison Assistant City Attorney Butts Community Resource Officer Julien City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of October 15, 2013 regular meeting minutes Motion by Councilmember Kozlowski, seconded by Councilmember Weidner, to approve the October 15, 2013 regular meeting minutes. All in favor. PETITIONS,INDIVIDUALS,DELEGATIONS & COMMENDATIONS Proclamation - Pancreatic Cancer Awareness Month Mayor Harycki read the Proclamation designating November as Pancreatic Cancer Awareness Month. Summer Festival Presentation- The Locals Cassie McLemore introduced the members of The Locals - Erin McQuay, Paul Krueger, Shawn Smalley, and Brad Glynn. She reviewed the non-profit group's experience with numerous other local events, including Summer Tuesdays and Stillwater Harvest Fest. They would like to incorporate a soapbox derby, lumberjack demonstrations, a Miss Stillwater Pageant, dragon boat races, waterski show, and live musical acts. The two most important things they would like to keep as part of the festival are the Sunday parade and Sunday fireworks. Erin McQuay reviewed the historical highlights of the festival that would convey the historical charm of Stillwater, including the historic baseball game, a historic boat tour, and tethered hot air balloon rides. The group has met with Brent Peterson of the Washington County Historical Society. Page 5 of 11 City Council Meeting October 29, 2013 Brad Glynn spoke about ways the group plans to engage the community. They will communicate with residents and businesses in a respectful way. Event participation by the businesses would include Bingo, a pancake breakfast and utilizing volunteers from non - profits. The group would rely heavily on sponsorships and has already received many pledges of sponsorship from local businesses. Ms. McQuay reviewed the marketing plan, which includes three target markets. Councilmember Weidner asked why the group planned a four -day festival when the proposal was for three days, and Mr. Glynn replied that they thought of the additional day as more of a local day, but they could scale back to three days if necessary. Kim Brown of KLB Insurance confirmed she would handle the insurance, listing the City on all certificates of insurance and coordinating with the City Administrator. Councilmember Kozlowski inquired why the group chose to be a non - profit rather than a for - profit, and Mr. Glynn responded they wanted their books to be open and be transparent to sponsors and participants. Councilmember Menikheim asked how fire, police and EMT coverage will be funded, and Ms. McLemore replied that those items are in the proposed budget through sponsorships and grants. They also have engaged SSI, a professional security organization, to be a third -party consultant to develop a public safety plan. They expect to attract around 20,000 people over the four days. Councilmember Menikheim asked about plans to cover costs if attendance is significantly hindered by weather. Ms. Brown stated the insurance would cover these costs and must be paid for 14 days before the event. Mayor Harycki asked how to ensure that financial backing can sustain a loss regardless of potential insurance loopholes. Councilmember Menikheim stated he can see how dedicated the group is, but he would like to discuss how the group, coming together for the first time, would handle potential risks. Councilmember Kozlowski stated the previous Lumberjack Days did not fail due to lack of experience. He felt that the issue is that Council needs to decide what festival they want as each of the proposals are different. Councilmember Weidner asked what was The Locals name for the festival. Ms. McQuay responded that the name of the event would be Log Jam. Councilmember Weidner asked if the City Event Coordinator would be privy to the process or part of the decision making. He also asked who would be in charge on the day of the event and what would The Locals expect from the City. Mr. Glynn stated that there would be various people in charge of events but that the main contract would probably be Ms. McLemore. Ms. McLemore replied if the Council would like that person to be an involved part of the planning process, they will be. Ms. McLemore stated $20,000 that was stated in the RFP and Mr. Glynn added possible closures of streets for the parade and soap box derby. Al Januszewski CEO of Sustain Momentum, stated the group has called him in as a financial advisor. He feels the group has the foresight to engage professionals to help make the event Page 6 of 11 City Council Meeting October 29, 2013 happen. Even though they do not have the experience right now, they have engaged people who have the needed experience. Councilmember Polehna stated his concern is how the group will ensure sustainability of the event in the future. Mayor Harycki asked what if a non - insurable event happens and commitments have already been made to bands. Two days before the event is not adequate to start cutting events to reduce expenses, and Ms. McQuay responded in year two and beyond, festival and arts grants that they apply for would help significantly regardless of attendance. Councilmember Kozlowski would like to hear from the community and mull it over before making a decision. Councilmember Menikheim stated he is ready to make a decision. Councilmember Weidner stated he would like to hear what staff has to say about the proposals or if they identified any particular problems with any of the proposals. However, he would not like to delay a decision. City Administrator Hansen stated he has a preference, but The Locals just gave a tremendous presentation, so he would like to give it a little more thought. Mayor Harycki stated he was impressed with The Locals' presentation. Councilmember Weidner asked would a three week delay hinder or change the proposals at all, and representatives from Mid - America Festivals, Filo and The Locals replied they could accept a three week delay. City Clerk Ward agreed to schedule a Council workshop for Thursday, November 7 to discuss the festival and will post this on the City web site. OPEN FORUM Brent Peterson, Executive Director of the Washington County Historical Society, informed the Council of the 170th anniversary of Stillwater. On October 26, 1843, four gentlemen signed a document that formed the Stillwater Lumber Company, named for the surrounding community. CONSENT AGENDA Resolution 2013 -174, directing payment of bills Resolution 2013 -175, approval of the issuance of a new Wine with Strong Beer liquor license for The Wedge & Wheel, LLC Resolution 2013 -176, approving health and dental insurance premiums and city contribution effective January 1, 2014 Possible approval to purchase bathroom stalls - Recreation Center Resolution 2013 -177, approving doing business as (dba) name change from River Oasis Cafe to Oasis Cafe Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Weidner, Polehna, and Mayor Harycki Nays: None Page 7 of 11 City Council Meeting PUBLIC HEARINGS October 29, 2013 A public hearing to consider an appeal of the designation of problem property at 104 Sherburne Street N., Mark Meister, owner. Assistant City Attorney Butts explained that on September 5, 2013, an application for a problem property designation of the residence located at 104 North Sherburne was presented to the City Administrator. The property owner indicated he wished to appeal the designation. Police Chief Gannaway stated in the last roughly 18 months, the police have been called to the address 28 times. Mayor Harycki recalled that the Council has been discussing this address for seven years. Mayor Harycki opened the public hearing. Mark Meister, 8921 Oakhill Avenue North, stated he has four rental properties in Stillwater. He received a letter 15 days ago about the police calls which he was not aware of. He contacted the tenant, Christine Paulson, and gave her 30 days' notice. Ms. Paulson then visited him and pled with him to share the police reports, which he showed her. Christine Paulson stated her two sons have mental disabilities which the landlord was aware of when she moved in. She struggles with their special needs issues on a daily basis. She receives no child support and tries her best. The neighbor next door calls the police for no reason. Her sons both have anger issues. One of her sons' friends keeps coming to the house, breaking into the house, and terrorizing the family, upsetting her son's girlfriend who is pregnant. Mr. Meister stated he has talked to a Stillwater police officer who informed him that the property is not a problem property, compared to other much more pressing problem properties in the City. The tenant keeps the property well maintained and he would not like to evict her. He does not feel that an extra $125 should be added to the rent due to the classification as a problem property. Ms. Paulson stated she is working on getting a personal care assistant to visit the home and work with her son Mark. Mayor Harycki closed the public hearing. Councilmember Weidner referenced the definition of problem property and asked what violations qualify under the circumstances, and Police Chief Gannaway responded that there were 11 incidents where police were dispatched to the residence for violations, which included citations for Fifth Degree Assault, Domestic Assault, Underage Consumption, and Disorderly Conduct. There have been four other problem properties that have not reached the Council level. He reminded the Council that the problem property fine would be against the landlord, not the tenants. Councilmember Menikheim commented that the Council's job is to set boundaries for the safety and welfare of the City. The social issues that have been discussed are not the under purview of the Council. He believes the tenant has the responsibility to connect with the appropriate County resources to resolve the situation. Ms. Paulson stated that a Washington County social worker is working on her case, although she has not yet received any help. She recommended to Ms. Paulson that she should call the police if she has a problem. Page 8 of 11 City Council Meeting October 29, 2013 Mayor Harycki recalled the large amount of work that went into development of the ordinance regarding problem properties. Community Resource Officer Julien stated that since July 2012, police reports document that the situation has not improved. He clarified that the Police Department does not discourage the tenant from calling if assistance is truly needed. The concern is more about instances where neighbors have called the police, where there have been people fighting in the street and so on. Assistant City Attorney Butts pointed out the problem property ordinance is not intended to force people out of their homes. The purpose of the fine is to cover costs of City resources that have been spent dealing with the property. The ordinance does not specify any procedure for an appeal. It would be appropriate for the Council to make a finding regarding whether the City will uphold the designation, amend it, or alter it in some way. Once the property has been designated a problem property, it is assessed a minimum $1,500 annual fee, for a minimum of two years. It can only be removed from the problem property list after 24 consecutive months without substantial problems or violations continuing to occur. The fee is meant to help the City work with the owner to address the problems and also to reimburse City costs. City Administrator Hansen added that when a problem property is brought to his attention he meets with the Attorney's office and the Police Chief and discusses the problem. When it continues on and on, his name goes on the designation. He does not do this lightly. Councilmember Polehna believes the Council needs to back its staff on solving problems such as this in the community. The conduct that has been going on at the property is unacceptable. Motion by Mayor Harycki, seconded by Councilmember Menikheim, to have the property at 104 North Sherburne Street designated a problem property. Ayes: Councilmembers Menikheim, Weidner, Polehna, and Mayor Harycki Nays: None Case No. 2013 -26. A public hearing to consider a request from Tyler Strachota, Metro Mechanical, for an amendment to an existing_ special use permit by installing_ a fluid cooler on the roof at Lakeview Hospital located at 927 Churchill Street West in the RB Two Family Residential District and any variances related thereto. Community Development Director Turnblad summarized the request that Lakeview Hospital would like to install a fluid cooler on the roof of its mechanical room, which is an addition built in 2009 on the southeast corner of the hospital. The Planning Commission was most concerned with how the bank of fans will look, and what kind of noise it will generate. From street level, very little of the cooler will be visible. An acoustic engineer has determined in a preliminary review that the unit will meet all City sound standards. As a condition of approval, the Planning Commission is recommending that a check of the acoustics be done after installation to ensure it complies with City noise standards. Mayor Harycki opened the public hearing. Corey Fedie, Director of Facilities for Lakeview Hospital, offered to answer any questions. With patient rooms very close to the proposed location of the units, the hospital is very sensitive to noise issues. Page 9 of 11 City Council Meeting October 29, 2013 Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2013 -178, a resolution approving an amendment to the Special Use Permit for Lakeview Hospital allowing installation of rooftop cooling equipment, Case No. 2013 -26. Ayes: Councilmembers Menikheim, Weidner, Polehna, and Mayor Harycki Nays: None NEW BUSINESS Possible conceptual qpproval of a contract with Summit Envirosolutions for professional historian services related to demolition permit requests. Community Development Director Turnblad reviewed a proposal from Summit Envirosolutions, Inc. of St. Paul by stating that is was a very solid proposal and the company has more than sufficient experienced staff resources to complete the fast 60 day turn- around needed for the designation studies. Furthermore, their all- inclusive fee of $5,000 is fair and reasonable. He continued by stating that the Heritage Preservation Commission and City staff recommend that the Council give preliminarily approval to enter into a contract with Summit Envirosolutions, Inc. for historian services. The contract and resolution of approval will be brought to the next Council meeting for formal approval. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to grant preliminary approval to enter into a contract with Summit Envirosolutions for professional historian services related to demolition permit requests. Possible consideration of Downtown Parking Commission recommendation to amend the residential parking policy associated with the parking ramp Community Development Director Turnblad reported that the Downtown Parking Commission has recommended designating five spaces in the parking ramp for any resident in the City who would like to purchase a permit there. Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to adopt Resolution 2013 -179, a resolution establishing rates for the Municipal Parking Ramp. Ayes: Councilmembers Menikheim, Weidner, Polehna, and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Mayor Harycki suggested to City Clerk Ward if there is a way to put the indexed pdf packet into a Dropbox for media and anyone from the public who would like to view it. Councilmember Menikheim reminded the Council that many things are happening downtown. The Chamber has put on a program called Success 2014, set up for the Highway 36 businesses that might need help mitigating construction. A bike workshop held last night focused on how the City might become a bike - friendly city. A grant request that the City and the Chamber put together in response to a MnDOT Corridors of Commerce request has been submitted regarding a possible Main Street project. A snow removal meeting on Thursday will look at how to deal with the snow removal problem downtown. A group is looking at transient docking. Community Development Director Turnblad added that the Shoddy Mill and Bergstein Warehouse will undergo a reuse study. This may tie into a potential municipal dock for the Page 10 of 11 City Council Meeting October 29, 2013 north end of the barge terminal property. The Parks Commission will be looking at updating the master plan for that property. ADJOURNMENT Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to adjourn the meeting at 9:15 p.m. All in favor. ATTEST: 1,14,ja Diane F. Ward, City Clerk Resolution 2013 -174, directing Payment of Bills Resolution 2013 -175, approving issuance of a new Wine with Strong Beer liquor license to The Wedge & Wheel, LLC, DBA: The Wedge & Wheel, Located at 308 Chestnut St E Resolution 2013 -176, approving health and dental insurance premiums and city contribution effective January 1, 2014 Resolution 2013 -177, approving doing business as (DBA) name change from River Oasis Cafe to Oasis Cafe Resolution 2013 -178, a resolution approving an amendment to the Special Use Permit for Lakeview Hospital allowing installation of rooftop cooling equipment, Case No. 2013 -26 Resolution 2013 -179, a resolution establishing rates for the Municipal Parking Ramp Page 11 of 11