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11IF IIMTM►LICE Of MINNESOTA
CITY COUNCIL MEETING MINUTES
October 20,2015
REGULAR MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:09 p.m.
Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski
Absent: None
Staff present: City Administrator McCarty
City Attorney Magnuson
Police Chief Gannaway
Fire Chief Glaser
Public Works Director Sanders
Community Development Director Turnblad
Finance Director Harrison
City Clerk Ward
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Possible approval of minutes of October 6, 2015 regular and recessed meeting.
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the
minutes of the October 6, 2015 regular and recessed meeting. All in favor.
PETITIONS,INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Certificate of Appreciation- Donation toward the Lowell Park tree planting project
Mayor Kozlowski acknowledged the G. Dean Miller family for their donation toward the Lowell
Park tree planting project.
Request for ESR, Inc. financing and possible calling for hearing
Steve Fenlon, MHC, explained that ESR is asking the City of Stillwater to issue a revenue note
using tax increment financing(TIF)to fund ESR's purchase of two properties in Forest Lake. The
use of TIF will avoid interest expense for the non-profit, which is headquartered in Stillwater.
Councilmember Polehna asked why ESR would want to use Stillwater as bonding conduit rather
than the City of Forest Lake, and Mr. Fenlon replied that the cost of using Stillwater is less
expensive than the cost of using Forest Lake, because Forest Lake's fees are higher.
City Attorney Magnuson noted there have been a number of these tax exempt conduit bond issues
over the years. The full faith and credit of the City is not involved in these issues. He stated that
City Council Meeting October 20, 2015
due to the low amount the City plans to issue, it is able to issue bank-qualified bonds whose
interest is deductible by the banks that hold these instruments.
City Councilmember Weidner recused himself from discussion and vote.
Motion by Councilmember Junker, seconded by Councilmember Polehna,to adopt Resolution 2015-
189, calling for a public hearing on the issuance of a revenue note and authorizing the publication of
a notice of the public hearing (ESR, Inc. Project).
Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski
Nays: None
Abstain: Councilmember Weidner
OPEN FORUM
There were no public comments.
STAFF REPORTS
Community Development Director Turnblad reported that every seven years the Building
Department is evaluated for ISO ratings, which impact homeowners' insurance costs. He stated
this year, the City was notified that its rating would be downgraded, so an action plan was put
together to address the issues. Based on that plan and the budgeted inspector for next year, the
City's initial rating has been reinstated. He also presented the Downtown Plan draft RFP, and
requested Council and community comments. He informed the Council that three advisory
committees Master Trail Plan Advisory Committee, a Bergstein Business Plan Advisory
Committee, and a Downtown Plan Advisory Committee will be created and volunteers will be
sought.
City Administrator McCarty reminded the Council of the meeting of the League of Minnesota
Cities/Metro Cities on November 18.
CONSENT AGENDA
Resolution 2015-184, directing payment of bills
Resolution 2015-185, approval of health, dental rates and flex benefit amount for 2016
Resolution 2015-186, approving State of Minnesota Joint Powers Agreements with the City
of Stillwater on behalf of its city attorney and police department
Possible approval of sanitary sewer adjustments
Possible approval of shot gun replacement—Police Department
Resolution 2015-187, approving actuarial agreement for consulting services with Hildi, Inc.
Resolution 2015-188, appointment to Library Board
Resolution 2015-190, approving New Off-sale Liquor and Tobacco License to SuperValu
Inc., DBA: Cub Wine and Spirits
Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt the Consent
Agenda.
Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna,
Mayor Kozlowski
Nays: None
Page 2 of 5
City Council Meeting October 20, 2015
PUBLIC HEARINGS
There were no public hearings.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
Possible approval of licensing of Lumberjack Days name
City Attorney Magnuson explained the City's ownership of the Lumberjack Days name and
trademark.
Brad Glynn, The Locals, stated they would like to use the name Lumberjack Days for the City
festival.
Councilmember Polehna credited Washington County Attorney Pete Orput's staff for getting the
Lumberjack Days name back for the City.
Councilmember Junker stated the City should require the festival to be called Lumberjack Days
rather than it being optional.
Councilmembers Weidner and Menikheim agreed they are glad The Locals want to use the name
Lumberjack Days.
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution
2015-191, resolution of approval of Addendum No. 2 to Stillwater Log Jam Agreement dated June 6,
2015 (the Agreement).
Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski
Nays: None
Possible approval of resolution extending Special Use Permit for Water Street Inn
Community Development Director Turnblad explained that St. Croix Preservation Co., Inc. is
planning to build a 20-room addition onto the north side of Water Street Inn.A Special Use Permit
(SUP) granted for the project on May 20, 2014 allows the issuance of a building permit up to two
years from the approval date of the SUP, or until May 20, 2016. He stated that St. Croix
Preservation Co. has not begun construction and may not be able to commence by May 20, 2016,
therefore,they are requesting that the City extend the validity period for the SUP one year to May
20, 2017 as their construction start date.
Councilmember Weidner suggested adding a July 1, 2018 construction completion date to the
resolution.
Chuck Dougherty, Water Street Inn, stated that basically they are asking for another year. He
anticipates 8-9 months to completion.
Motion by Councilmember Weidner,seconded by Councilmember Junker,to adopt Resolution 2015-
192, a resolution extending approval of Resolution 2014-85 for amended Special Use Permit for the
Water Street Inn located at 101 Water Street South, Case No. SUP/2014-7, with the additional
condition adding the July 1, 2018 construction completion date.
Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski
Nays: None
Page 3 of 5
City Council Meeting October 20, 2015
Possible approval of resolution ordering preparation of feasibility report for 2016 Street
Improvements
Public Works Director Sanders explained the proposed 2016 street reconstruction project and
requested authorization to do the feasibility study.
Motion by Councilmember Junker,seconded by Councilmember Weidner,to adopt Resolution 2015-
193,resolution ordering preparation of feasibility report for 2016 Street Improvement Project,Project
2016-02.
Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski
Nays: None
Possible approval of resolution ordering preparation of feasibility report for 2016 Sidewalk
Improvements
Public Works Director Sanders informed the Council that money is budgeted for 2016 sidewalk
repairs in the downtown and southeast area.
Motion by Councilmember Weidner, seconded by Councilmember Menikheim,to adopt Resolution
2015-194, resolution ordering preparation of feasibility report for 2016 Sidewalk Rehabilitation
Project, Project 2016-03.
Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski
Nays: None
COUNCIL REQUEST ITEMS
Councilmember Polehna reported that there were 150 troops on the hunt that took place October
10; it was the 12th such hunt; and approximately $175,000 has been raised in the last six years
doing the hunts.
STAFF REPORTS (CONTINUED)
Councilmember Polehna inquired if the City bike trails will be rehabilitated, and Public Works
Director Sanders responded that some trail improvements are scheduled for 2016.
ADJOURNMENT TO EXECUTIVE SESSION TO DISCUSS LITIGATION STRATEGY
PURSUANT TO THE ATTORNEY CLIENT PRIVILEGE
Motion by Councilmember Junker, seconded by Councilmember Weidner, to adjourn the meeting to
Executive Session at 7:45 p.m. All in favor.
Ted Ko��" 1, Mayor
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ATTEST:
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Diane F. Ward, City Clerk
Page 4 of 5
City Council Meeting October 20, 2015
Resolution 2015-184, directing payment of bills
Resolution 2015-185, approval of health, dental rates and flex benefit amount for 2016
Resolution 2015-186, approving State of Minnesota Joint Powers Agreements with the City
of Stillwater on behalf of its city attorney and police department
Resolution 2015-187, approving actuarial agreement for consulting services with Hildi, Inc.
Resolution 2015-188, appointment to Library Board
Resolution 2015-189, calling for a public hearing on the issuance of a revenue note and
authorizing the publication of a notice of the public hearing (ESR, Inc. Project)
Resolution 2015-190, approving New Off-sale Liquor and Tobacco License to SuperValu
Inc., DBA: Cub Wine and Spirits
Resolution 2015-191, resolution of approval of Addendum No. 2 to Stillwater Log Jam
Agreement dated June 6, 2015 (the Agreement)
Resolution 2015-192, a resolution extending approval of Resolution 2014-85 for amended
Special Use Permit for the Water Street Inn located at 101 Water Street South, Case No.
SUP/2014-7
Resolution 2015-193, resolution ordering preparation of feasibility report for 2016 Street
Improvement Project, Project 2016-02
Resolution 2015-194, resolution ordering preparation of feasibility report for 2016 Sidewalk
Rehabilitation Project, Project 2016-03
Page 5 of 5