HomeMy WebLinkAbout2014-02-11 CC MIN • ater
INF IINTMSLACF Of MINNESOTA
CITY COUNCIL MEETING MINUTES
February 11, 2014
REGULAR MEETING 4:30 P.M.
Mayor Harycki called the meeting to order at 4:40 p.m.
Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki
Absent: None
Staff present: City Administrator Hansen
City Attorney Magnuson
Finance Director Harrison
Police Chief Gannaway
Fire Chief Glaser
Community Development Director Turnblad
Public Works Director Sanders
City Clerk Ward
OTHER BUSINESS
Discussion on extension of Orderly Annexation Agreement
Community Development Director Turnblad reviewed the history of the City's Orderly
Annexation Agreement with Stillwater Township and that a Joint Board meeting is scheduled
for February 19, 2014.
Councilmember Menikheim asked what the benefit would be to Stillwater from extending the
Agreement, and Mayor Harycki responded that the Agreement provides a forum to meet to
discuss issues, get Township input as issues come up, and avoid litigation should a dispute arise.
Councilmember Weidner stated he feels that extending the Agreement would limit the City's
options for the next five years and felt there is no benefit to the citizens of Stillwater.
Mayor Harycki felt that the benefit is that the City has not ended up in court in the 15-20 years
that this Agreement has been in place.
City Attorney Magnuson explained the protections that the Township would have, if the
Agreement were extended: review of proposed zoning changes, variances and development
proposals, and the differential tax rate would remain in effect for five years beyond the time
when the last remaining property is annexed. The City is entitled to annex the remaining
property any time after January 1, 2015.
Councilmember Polehna pointed out that if allowed to sunset in 2015, the Agreement already
runs five years longer, to 2020, so it truly is a 25-year Agreement. He stated that would be
City Council Meeting February 11, 2014
comfortable exercising the City's right to sunset it, since the Township gets another five years
of protection under the existing Agreement.
Mayor Harycki felt there is benefit to sitting down with the Township and keeping the
framework in place.
Councilmember Weidner replied that the Council can meet with the Township at any time to
discuss issues, but keeping this framework in place is of no benefit. He continued by stating that
Stillwater Township are wonderful neighbors but that the Township should not have legislative
or review authority over property in the City of Stillwater.
Councilmember Menikheim noted that he feels obliged to uphold the Agreement as originally
intended because there is no reason to change or extend it. If there had been a clear reason to
change it in the past, there would have been an opportunity to do that.
City Attorney Magnuson explained that state law entitles property that is annexed to a tax step-
up at the rate of 20% per year for five years. The Orderly Annexation Agreement made it
possible for properties that were annexed to remain at the rural taxing rate, even after five years,
until they were developed. This was a way to prevent the great tax burden on property owners
who were annexed against their wishes. At the time, the atmosphere was very contentious.
Large rural landholders that are now Liberty, Legends, Millbrook, and Settlers Glen were
clamoring to get into the City and there was a lot of pressure being brought on the City to try to
annex all that property, leap-frogging over the land that would be between the City and those
new developments. It is a totally different atmosphere now.
Councilmember Weidner clarified that he thinks it has been a good Agreement and a great
cooperative effort, but he does not find any benefit to the City to extend it.
STAFF REPORTS
Fire Chief Glaser provided safety tips for residents: clear snow-covered gas meters, call Xcel
Energy if there is a problem; clear fresh air intakes; do not leave a vehicle idling in the garage;
and please dig out fire hydrants.
Community Development Director Turnblad reported that Vista Tech, which under a TIF
agreement was required to have 35 full-time jobs by the January 31, 2015, has already exceeded
that goal. Also, the RFP for a Master Park Plan Update was sent out with a March 21 deadline.
The RFP for an Event Coordinator was sent out with a February 26 deadline. He hopes to bring
proposals to Council's first meeting in March.
Public Works Director Sanders informed the Council that the Middle St. Croix Watershed
District received an $80,000 Clean Water Legacy Grant for work at Lily Lake. Also, Lake
McKusick has been delisted by the MPCA, therefore it is no longer considered an impaired lake.
ADJOURNMENT
Mayor Harycki recessed the meeting at 5:07 p.m.
RECESSED MEETING 7:00 P.M.
Mayor Harycki called the meeting to order at 7:02 p.m.
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City Council Meeting February 11, 2014
Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki
Staff present: City Administrator Hansen
City Attorney Magnuson
Finance Director Harrison
Police Chief Gannaway
Fire Chief Glaser
Community Development Director Turnblad
Public Works Director Sanders
City Clerk Ward
PLEDGE OF ALLEGIANCE
Boy Scouts led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Possible approval of January 21, 2014 regular meeting minutes
Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to approve the
January 21, 2014 regular meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Swearing In of Officer Hunter Julien
Police Chief Gannaway swore in Officer Hunter Julien.
OPEN FORUM
There were no public comments.
CONSENT AGENDA
Resolution 2014-021, directing payment of bills
Resolution 2014-022, approving access agreement with Lunda/Ames
Resolution 2014-023, approving Exhibit A as it relates to Resolution 2013-057, resolution
establishing procedures relating to compliance with reimbursement bond regulations
under the Internal Revenue Code
Resolution 2014-024, approving 2014 Special Event and Contract for Farmer's Market
Possible approval to purchase a truck scale—Public Works
Possible approval of Minnesota Ironman Bike Race
Possible approval of temporary/seasonal employment of Community Service Officers and
Parking Lot Attendants - Police
Possible approval of temporary/seasonal employment of Maintenance Worker I—Public
Works
Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt the Consent
Agenda.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
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City Council Meeting February 11, 2014
Nays: None
PUBLIC HEARINGS
Case No. SUP/2014-1. A public hearing to consider a Planning Commission recommendation of
approval of a request to an amendment to a Special Use Permit for the expansion of an elementary
school, a permitted special use located at 6355 Osman Avenue in the RA - One Family zoning
district; and
Case No. SUP/2014-2. A public hearing to consider a Planning Commission recommendation of
approval of a request for an amendment to a Special Use Permit for the expansion of a junior high
school, a permitted special use located at 523 Marsh Street in the RB - Two Family zoning district
Community Development Director Turnblad reviewed Case No. SUP/2014-1 and Case No.
SUP/2014-2 together. Oak Park Elementary School is requesting an approximately 2,300 square
foot expansion to create a new, more secure entrance to the school. Stillwater Junior High
School is requesting a 194 square foot expansion to create a new, more secure vestibule at the
existing north entrance to the school. The Planning Commission unanimously recommended
approval of both requests. Staff recommends approval of both amendments with the condition
that each project shall be completed according to the plans on file with the Community
Development Department.
Mayor Harycki opened the public hearing for Case No. SUP/2014-1. There were no public
comments. Mayor Harycki closed the public hearing. Mayor Harycki opened the public hearing
for Case No. SUP/2014-2. There were no public comments. Mayor Harycki closed the public
hearing.
Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to adopt Resolution
2014-025, a resolution approving a Special Use Permit Amendment for Stillwater Area School
District's Oak Park Elementary Vestibule Expansion, Case No. Sup/2014-1.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
Motion by Councilmember Kozlowski, seconded by Councilmember Weidner, to adopt Resolution
2014-026, a resolution approving a Special Use Permit Amendment for a vestibule expansion for
the Stillwater Junior High School, Case No. SUP/2014-2.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
UNFINISHED BUSINESS
Possible approval of BWBR proposal fee for fire station
Community Development Director Turnblad presented a proposal from the Fire Station Design
Team to complete design, bid the project and administer construction for $399,000. The
$399,000 proposal, together with the $125,000 already spent on the "35%" design phase of the
project, equals a total of $524,000. This total represents 8.2% of the estimated $6,384,784
construction cost of the Fire Station. Because the Fire Station project is more complicated than
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City Council Meeting February 11, 2014
it would be if it were a free standing facility, and the building it will be attached to is a
state/federal project, the extra 0.7% fee above the normal 7.5% seems reasonable. Staff
recommends approval and will bring the contract to the March 4, 2014 Council meeting.
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the
proposal fee from BWBR.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
NEW BUSINESS
Discussion on bonding request for old Armory
Mayor Harycki noted that the Governor has announced a disposition in this session for bonding
for arts related projects, so the City may want to consider whether to go forward with a bonding
request for assistance to purchase the old Armory.
Councilmember Weidner asked if the City might seek legislation enabling purchase of the
Armory for a reduced cost. If there is a possibility of purchasing the facility for a nominal cost,
he would like to seek this first and then determine a use for the facility. If that does not work,
then the City could try bonding.
City Administrator Hansen stated he thinks the only problem is that the legislature does bonding
early. He agreed to check with legislators for advice on which avenue to take, bonding or
legislation.
Possible approval of Sale of Bonds for Capital Outlay, Fire Station and Police Department
Renovation
City Administrator Hansen explained the bond sale. Rates are still at historic lows. Staff
recommends moving forward.
Councilmember Weidner stated he believes selling the $10 million in bonds is premature
because plans are still incomplete. City Administrator Hansen replied that the City will have to
bond for the remaining amount next year. The total combined cost of the fire station and police
station renovation is estimated at $9 million. The reason the City will need to borrow $10
million is because it is also selling $1.5 million in capital equipment and the City can only go to
a maximum of$10 million and still retain bank qualification. The risk in waiting is that rates
will go up. He feels there is no downside in setting the bond sale for March 4. He thanked the
Council for the questions and understands the apprehension.
Councilmember Weidner remarked that he would like to see the final numbers before the City
borrows the maximum amount of money.
Councilmember Polehna asked why the City is bonding for the police station renovation now,
when it is not going to do this project for two years, and City Administrator Hansen replied that
there could be a future change in the Council, resulting in an unwillingness to proceed with the
renovation project. The City has already put forward a big investment into this project. He also
believes rates will go up between now and when the renovation begins
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City Council Meeting February 11, 2014
Councilmember Weidner stated he fears over-borrowing. With the timing of the police station
renovations, borrowing the money now does not make sense. He acknowledged there is a risk
with a new Council, but he opposes borrowing more money than is projected to be spent in the
next two years.
Mayor Harycki pointed out the other advantage of borrowing now is that it allows maximum
mobility - the City can mobilize shortly after the federal government does and be in the ground
sooner. He believes the two projects should be tied together so they can both move forward.
Councilmember Polehna stated he is in favor of moving ahead with the police station but would
like to see the costs are clearer before borrowing for it.
Mayor Harycki reminded the Council that that there is a layout and design for police
department, although it is not 35%complete.
Community Development Director Turnblad noted that design for the Police Department
renovation will start within the year.
City Administrator Hansen told the Council the $755,000 for the Police Department renovation
could be pulled out of the bond sale documents, should the Council feel more comfortable doing
so.
Community Development Director Turnblad explained that in the last year and a half total
project costs for the Fire Department have gone up 4% due to increase in construction costs.
Councilmember Weidner asked how long it will be until the City gets a final design for the fire
station, and Doug Wild, the construction consultant, responded that the projected final design of
fire station should be completed around July/August. The final cost will be known after the bid
packages come in - most likely later this fall, after 100% of the architectural documents are
done.
Motion by Councilmember Polehna, seconded by Mayor Harycki, to approve Resolution 2014-027,
resolution providing for the competitive negotiated sale of General Obligation Capital Outlays
Bonds Series 2014A, minus the police station amount, or$10,000,000 less $755,000.
Ayes: Councilmembers Menikheim, Kozlowski, Polehna, and Mayor Harycki
Nays: Councilmember Weidner
COUNCIL REQUEST ITEMS
Mayor Harycki conveyed compliments received from staff of Representative McCollum that the
streets are in great shape. He commended the Public Works Department.
City Administrator Hansen reported that The Locals had some difficulties with some sections of
the event contract. He sent a revised contract to them about a week ago but has not heard back
yet. He will inform them that the Council is anxious for a signed contract.
Councilmember Polehna noted that the Council should come up with a Legislative Agenda and
schedule a session with its legislators.
Community Development Director Turnblad remarked that one possible agenda item for the
Legislature might be an extension of the TIF extension that allowed the City to pool monies for
façade improvements.
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City Council Meeting February 11, 2014
Councilmember Polehna reported that the current Chair of the Yellow Ribbon Program will be
will be temporary stepping down in the near future. He p y Chairman but he felt Councilmember
Kozlowski would be good at coordinating this due to his extensive computer experience.
ADJOURNMENT
Motion by Councilmember Kozlowski, seconded by Councilmember Weid - - to adjourn the
meeting at 8:08 p.m. All in favor
Af/
Ken Haryc, ' ayor
ATTEST:
Q:
Diane F. Ward, City Clerk
Resolution 2014-021,directing the Payment of Bills
Resolution 2014-022, approving Access Agreement with Lunda/Ames Joint Venture
Resolution 2014-023, approving Exhibit A as it relates to Resolution 2013-057, resolution
establishing procedures relating to compliance with reimbursement bond regulations
under the Internal Revenue Code
Resolution 2014-024, approving Special Event and Contract Farmer's Market
Resolution 2014-025, a resolution approving a Special Use Permit Amendment for
Stillwater Area School District's Oak Park Elementary Vestibule Expansion, Case
No. Sup/2014-1
Resolution 2014-026, a resolution approving a Special Use Permit Amendment for a
vestibule expansion for the Stillwater Junior High School, Case No. SUP/2014-2
Resolution 2014-027,resolution providing for the competitive negotiated sale of General
Obligation Capital Outlays Bonds Series 2014A
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