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Home My WebLink About2015-12-01 CC MIN.ter 1MF 1f 111TMIL,I GF 6F YIMNEFCT► CITY COUNCIL MEETING MINUTES December 1, 2015 REGULAR MEETING Mayor Kozlowski called the meeting to order at 4:30 p.m. 4:30 P.M. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Staff present: City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison City Planner Wittman Public Works Director Sanders Police Chief Gannaway Fire Chief Glaser City Clerk Ward OTHER BUSINESS Discuss scoping document for Bergstein Buildings Business Plan Advisory Committee Community Development Director Turnblad led discussion of a scoping document for the Bergstein Buildings Business Plan Committee. He stated the Committee's function would be to develop an operation plan for the future use of the Bergstein Warehouse and Shoddy Mill. City Planner Wittman reviewed the proposed make-up of the Committee and the expected timeline for the study, and that final plan adoption is expected by the end of July. Councilmember Weidner emphasized that all committee members should be aware that the plan will not be implemented unless funding is raised; and Ms. Wittman responded that the City has not budgeted the estimated $75,000 necessary for the specific plans to be developed. Community Development Director Turnblad added that each year, the City does capital improvement planning to determine what should be funded each year. Councilmember Menikheim noted the process seems overly complicated. He questioned whether the committee would really need six months to plan. Mayor Kozlowski stated that in his opinion, six months seems appropriate. Councilmember Weidner agreed that six months seemed reasonable, considering all the other planning issues the City is working on. City Planner Wittman explained that the process was developed this way to stay on schedule, and pointed out that the committee is a large group of people with very diverse interests. City Council Meeting December 1, 2015 Councilmember Polehna commented the six-month timeline seems reasonable, that his only concern is whether this is a real priority for the City, as he does not want other projects to suffer. Councilmember Menikheim indicated that he feels the Downtown Revitalization Committee should be added to the committee list. Ms. Wittman replied that since the Chamber is on the committee, she felt the Chamber would probably inform the Downtown Revitalization Committee. Councilmember Weidner commented he would like to make sure the Committee is strong enough to say "no," since there may be many organizations that will want a piece of the operation, and the Committee needs to be able to say that something will not work if it does not support or enhance the operation. Councilmember Polehna agreed, and added that interpretation is great, but he hoped organizations would not expect the City to pay for it all. City Planner Wittman remarked that the reuse study indicated that the likelihood of a revenue generator in this facility is very minimal. It is generally recognized that a lot of the work would be the responsibility of the property owner, the City. Ms. Wittman informed the Council that a resolution will be brought back to the Council to establish the committee based on the scoping document. In June a draft plan would be submitted to the Council, which would include summary rehabilitation recommendations. Update on Solid Waste & Recycling Contract City Clerk Ward explained that the City's current contract with Waste Management expires on December 31, 2015. Staff members have been in negotiations with Waste Management since June and will bring back the contract, with a resolution for the rates, for Council approval. The main change will be quantity limits on appliances and large bulk items. Discussion on Purchasing Policy City Administrator McCarty reviewed the current purchasing policy, in light of concerns expressed by Councilmembers. The question had been raised whether the current procedure for approval of the purchase of capital outlay items is necessary and/or required by City policy, or whether the City could manage its capital outlay purchases in a manner consistent with the purchasing procedure for other services, thereby only requiring City Council approval for purchase of budgeted capital items in excess of $50,000. This would be more efficient. Councilmembers voiced preference for the more efficient procedure, that avoided every single capital outlay purchase to come before the Council. City Administrator McCarty concluded that appropriate amendatory language and protocols for purchase of budgeted capital items would be drafted for review, and a resolution to amend the City's Purchasing Policy would be brought back to the Council. Discussion on Legislative A eg nda City Administrator McCarty presented a preliminary list of possible legislative agenda items identified by Councilmembers and staff. It was determined that staff would review the legislative agendas of the League of Minnesota Cities, State Police Chiefs, and Fire Chiefs Associations, and Metro Cities to determine what may align with the City's interests. He asked Councilmembers to do the same thing in preparation for more discussion in January. Page 2of8 City Council Meeting STAFF REPORTS December 1, 2015 Police Chief Gannaway noted the Council that Toys for Tots are collected in the City Hall lobby and at the Police Department for drop off December 16. He and Fire Chief Glaser also reminded the community to make safe decisions during the holidays. Community Development Director Turnblad updated the Council on committees to be formed within the City. Over the next three months, the Council will see a list of volunteers and be asked to make selections for the Downtown Plan, Trail Plan, and Bergstein Operations Plan Committees. He encouraged Councilmembers to have any interested candidates contact him. Public Works Director Sanders reminded residents of odd -even parking and no parking from 2-6 a.m. downtown; also on garbage day, to put containers behind the curb to not interfere with snow plowing. RECESS The meeting was recessed at 5:28 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Staff present: City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Public Works Director Sanders Police Chief Gannaway Fire Chief Glaser City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of November 17, 2015 regular meeting minutes Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve the November 17, 2015 regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS DELEGATIONS & COMMENDATIONS Certificate of Appreciation: Liberty Homeowners Association Donation Councilmember Polehna awarded a Certificate of Appreciation to Liberty Homeowners Association for neighborhood activity that generated a donation for the Stillwater Beyond The Yellow Ribbon Program. Page 3 of 8 City Council Meeting OPEN FORUM December 1, 2015 Leslie Davis, 408 Third Street North, approached the Council about her assessed market value and resulting 33% tax increase. Mayor Kozlowski pointed out the City taxes are only one portion of the total tax increase. City Clerk Ward added that an open book meeting is held by Washington County, which does the assessing for Stillwater. City Administrator McCarty suggested Ms. Davis contact the County about the assessed value, and invited her to stay for the Truth in Taxation hearing covering the City's portion of property taxes. CONSENT AGENDA Resolution 2015-205, directing payment of bills Resolution 2015-206, final acceptance of work for Third Street Reconstruction Project (Project 2012-04) Resolution 2015-207, approving new wine and strong beer liquor license to 2Js LLC, DBA: The Meet Market Resolution 2015-208, approving Master Agreement for Minnesota Court Data Services for Governmental Agencies (Police Department) Resolution 2015-209, adopting delinquent sewer charges Project No. 0001 Resolution 2015-210, adopting delinquent garbage bill charges Project No. 0002 Resolution 2015-211, approval of 2016 Towing License for Stillwater Towing Resolution 2015-212, resolution approving Certificate of Completion, Release, and Conformity (Simonet Furniture) Councilmember Weidner asked City Attorney Magnuson if he should recuse himself from voting on Resolution 2015-212 and if the item needs to be pulled and voted on separately. City Attorney Magnuson responded that there is no conflict, as it is a non -controversial matter of clearing a conflict in the title. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Possible adoption of resolution establishing the Trail Plan Advisory Committee Community Development Director Turnblad reviewed the proposed Resolution establishing the Trail Plan Committee, and asked for Council clarification on discussion points regarding formation of the Committee. Motion by Councilmember Menikheim to adopt a resolution establishing a Trail Advisory Committee. There was no second. Councilmember Polehna stated he thought the Parks Commission should function as the Trail Advisory Committee, because there is not a lot of Parks Commission business lately. Page 4 of 8 City Council Meeting December 1, 2015 Councilmember Junker suggested making the Trail Advisory Committee a subcommittee of the Parks Commission and incorporating it into the Parks Commission meetings over the next few months. He added that there appeared to be many people passionate about trails who could add valuable input, and that a separate subcommittee should be formed to include that input and not overload the Parks Commission. Councilmember Menikheim rescinded his motion and suggested changing the name of the Parks Commission to the Parks and Trails Commission. City Attorney Magnuson noted that it would take an ordinance amendment to change the Commission's name. Councilmember Weidner suggested leave the name Parks Commission and acknowledge that they also handle trail issues. He would not want a separate subcommittee. Councilmember Polehna agreed. He voiced that perhaps one person from each ward could be added to the Parks Commission, and then expand its purview to include trails. Mayor Kozlowski remarked that all those who gave comments during consideration of the Trail Plan should be invited to serve on the Committee. Councilmember Polehna added that the new group, Friends of Stillwater Trails, should be included. Councilmember Menikheim pointed out that this is really about the growth taking place in the City. Mayor Kozlowski stated it would require less staff time to simply add trails as an agenda item at the Parks Commission meetings, for now. Councilmember Menikheim concurred that the City could try a subcommittee and then if it does not work well, maybe it can grow into its own Commission. Councilmember Weidner stated the Parks Commission should come to the Council and report whether they can handle the addition of trails issues. It was the consensus of the Council, to request the Parks Commission, with Friends of Stillwater Trails invited to add input, and list trails as an agenda item on Parks Commission meetings. Possible adoption of resolution of findings related to the Bugbee appeal Community Development Director Turnblad updated the Council with the proposed Findings of Fact related to the Bugbee appeal. Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2015- 213, resolution adopting findings of fact, conclusions and order related to an appeal of administrative interpretation by Robert & Rachel Bugbee, located at 1427 Lydia Circle Case No. 2015-38. Update on 2015 System Statement Community Development Director Turnblad provided a letter from LisaBeth Barajas, manager of the Local Planning Assistance Department of the Metropolitan Council, that responded to Resolution 2015-203, which challenged the 2015 System Statement. He explained that the letter acknowledged the City's Resolution, and accepted the City's position that the Minar and McKusick Road North neighborhoods would not be included in the 5 unit per acre aggregate calculation for new development and redevelopment projects. Page 5 of 8 City Council Meeting December 1, 2015 Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2015-214, resolution accepting 2015 system statement and rescinding resolution 2015-203. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None NEW BUSINESS Presentation: Truth in Taxation and possible adoption of resolutions for 2015 Budget and Tax Levy City Administrator McCarty and Finance Director Harrison presented the 2016 Truth -in -Taxation budget, which included total operating revenues; 2016 proposed operating expenditures; and 2016 proposed property tax levy, that resulted in an increase of 6.093% over 2015. Mr. McCarty noted the property tax system and impacts on property owners. On a question by Councilmember Polehna if there is a way to get the levy increase under 6%, Mr. McCarty replied that it would require reduction of the levy by roughly $25,000; for instance, reduce the debt service portion of the levy by reducing the proposed budget in one of the program areas, such as street improvements. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2015-215, adopting the final budget and the commitment of certain revenue sources for the fiscal year 2016. Ayes: Councilmembers Menikheim, Junker, and Mayor Kozlowski Nays: Councilmembers Weidner and Polehna Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2015-216, adopting the final tax levy for the year 2016. Ayes: Councilmembers Menikheim, Junker, and Mayor Kozlowski Nays: Councilmembers Weidner and Polehna Possible approval of first reading of Ordinance 1084, amending the Stillwater City Code Cha tep r 29 Sewers and Chapter 32, Nuisances Public Works Director Sanders informed the Council that the City's consultant, WSB, reviewed the City of Stillwater's ordinances and identified areas that have deficiencies in the area of Minimum Control Measure (MCM) III, which deals with Illicit Discharge Detection & Elimination according to the new requirements of the MS4 General Permit. Illicit discharge is generally defined as any non -storm water drains into the City's storm sewer system. Mr. Sanders summarized changes required to bring the City's ordinances into compliance with the new requirements of the MS4 General Permit. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve first reading of Ordinance 1084, amending the Stillwater City Code to comply with current requirements of the Municipal Separate Storm Sewer System (MS4) General Permit. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Page 6 of 8 City Council Meeting December 1, 2015 Possible approval of cleaning services proposal for City Hall and Public Works City Administrator McCarty informed the Council that the current contract with Dan Clark expires on December 31, 2015. RFPs were sent to 27 vendors, resulting in six proposals for a one- year contract. The lowest responsible bidder is with Plymouth Ridge Inc., DBA Coverall Twin Cities in the amount of $27,744. Staff recommends that the proposal from Plymouth Ridge Inc., DBA Coverall Twin Cities be accepted. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2015-217, accepting the Plymouth Ridge Inc., dba Coverall Twin Cities proposal and awarding contract for City Hall and Public Works cleaning services. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS There were no council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn the meeting at 8:22 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2015-205, directing payment of bills Resolution 2015-206, final acceptance of work for third street reconstruction project (Project 2012-04) Resolution 2015-207, approving new wine and strong beer liquor license to 2Js LLC, DBA: the Meet Market Resolution 2015-208, resolution approving master agreement for Minnesota court data services for governmental agencies (Police Department) Resolution 2015-209, adopting delinquent sewer charges Project No. 0001 Resolution 2015-210, adopting delinquent garbage bill charges Project No. 0002 Resolution 2015-211, renewal of towing license for 2016 Resolution 2015-212, resolution approving certificate of completion, release, and conformity (Simonet Furniture) Resolution 2015-213, resolution adopting findings of fact, conclusions and order related to an appeal of administrative interpretation by Robert & Rachel Bugbee, located at 1427 Lydia Circle Case No. 2015-38 Page 7 of 8 City Council Meeting December 1, 2015 Resolution 2015-214, resolution accepting 2015 system statement and rescinding resolution 2015-203 Resolution 2015-215, adopting the final budget and the commitment of certain revenue sources for the fiscal year 2016 Resolution 2015-216, adopting the final tax levy for the year 2016 Resolution 2015-217, accepting the Plymouth Ridge Inc., dba Coverall Twin Cities proposal and awarding contract for City Hall and Public Works cleaning services Page 8 of 8