HomeMy WebLinkAbout2017-04-04 CC MIN illwater
IMF IIMTMELACE OF MIMMEOOTA
CITY COUNCIL MEETING MINUTES
April 4, 2017
REGULAR MEETING 4:30 P.M.
Mayor Kozlowski called the meeting to order at 4:30 p.m.
Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna
Absent: None
Staff present: City Administrator McCarty
City Attorney Magnuson
Police Chief Gannaway
Fire Chief Glaser
Community Development Director Turnblad
Public Works Director Sanders
Finance Director Harrison
City Clerk Ward
OTHER BUSINESS
Walk through Police Department
RECESS
The meeting went into recess while the Council toured the Police Department. The meeting then
reconvened at 4:52 p.m.
Possible approval of resolution authorizing funding
Community Development Director Turnblad reported that during construction, unexpected
existing conditions surfaced, resulting in $400,200 un-budgeted expenses. The items include: re-
roofing two-thirds of the former fire station; replacing the rooftop electrical conduits; FFE needs
exceeding the$50,000 originally budgeted; IT needs that exceed the$40,000 originally allocated;
and site signage, concrete sidewalk and curbing that was not included in the originally approved
budget. He also recommended that $40,000 in contingency funds be set aside in case more
unexpected expenses are incurred, for instance asbestos removal in the adhesives for various
floorings. Staff proposed that the funds to pay for the extra $400,200 in project expenses should
come from 1) the reallocation of 2017 Capital Outlay; and 2) the reallocation of 2016 and 2017
Series 2005C debt service levy. Staff requests approval of the reallocation of funds for the project.
Councilmember Junker asked about the original 5-10% contingency fund; and Mr. Turnblad
answered that there is still about $30,000 in contingency funds. Staff would like to avoid coming
back to request more funds if anything else is discovered.
City Administrator McCarty explained the reallocation of 2017 Capital Outlay funding and debt
service levy that is proposed to pay for the additional costs.
City Council Meeting April 4, 2017
Finance Director Harrison added that it was recently discovered that tax increment financing
could be used to pay off debt service payments for the St. Croix Valley Recreation Center.
Motion by Councilmember Junker, seconded by Councilmember Weidner,to adopt Resolution 2017-
070, resolution amending the Police Department Remodeling/City Hall Upgrade Project to include
funding for unanticipated additional building project needs; reallocating 2017 Capital Outlay
Funding; reallocating Debt Service Levies for Series 2005C Bonds for 2016 and 2017 to fund
additional building project needs and reduce debt issuance for 2017; reallocating the St. Croix Valley
Recreation Center contribution to Debt Service from Series 2005C to Series 2009C.
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna
Nays: None
Letter of interest to purchase City property - Krogh
Community Development Director explained that Mark Krogh, Java Companies, inquired about
purchasing City owned property on Curve Crest Boulevard at Stillwater Boulevard. The company
would like to place a coffee shop on the parcel, with access aligning with Long Lake Drive. He
stated the parcel was deeded to City as part of Long Lake Villas development. The property is
zoned and guided in the Comprehensive Plan as right-of-way. If developed as proposed, the
Comprehensive Plan would have to be amended and the property would have to be rezoned,
probably to BPC, Business Park—Commercial. If rezoned to BPC, then the desired use would be
allowed by Special Use Permit. The sale of the property would have to follow the process outlined
in the Charter for sale of park property.
City Attorney Magnuson pointed out that the Long Lake Villas developer originally envisioned a
McDonald's for the site, but engineers felt there was not adequate access. That is why the parcel
was deeded to the City.
Councilmember Weidner inquired if the engineers have changed their opinion; and Mr. Turnblad
replied that City engineers have not reviewed the proposal yet. Mr. Krogh's engineers believe it
has merit.
City Attorney Magnuson described the process to follow if the property were to be sold.
Mayor Kozlowski observed that the offer of$100,000 likely would not cover staff time. He would
not support the request.
Councilmember Junker expressed concern about the safety of the intersection and the increase in
impervious surface affecting runoff into Long Lake.
Councilmember Polehna indicated that he is not interested in selling the property because it would
pigeon-hole something into a small parcel.
Mark Krogh, Java Companies, informed the Council that he would build an underground water
retention tank, could move the access further south, and exit right-out only. If the sale process is
complicated, he would be willing to put up a retainer to pay for some of the sale costs, and to
subject the purchase agreement to an appraisal. He would like to put the parcel back on the tax
roll. The tenant is a national sandwich shop franchise that he cannot reveal at this time.
Councilmember Menikheim pointed out there are two coffee shops across the street; and Mr.
Krogh responded that his tenant is not concerned about competition.
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City Council Meeting April 4, 2017
Councilmembers took a straw vote, and the consensus was that they are not interested in
proceeding with due diligence toward the sale of the property.
Discussion on Boards/Commissions items
City Clerk Ward led discussion of staff recommendations regarding boards and commissions,
specifically: voting status, term limits, appointment process, and the possible reduction of size of
the Planning Commission. She provided the history of previous Council discussions and actions.
A 1st and 2nd reading of an ordinance or by-law changes on any of these items would be required.
The 1st reading could take place April 18.
Councilmember Menikheim asked what is the problem being addressed; and Mayor Kozlowski
offered that the City struggles to fill Commission vacancies, so eliminating term limits will allow
Commissioners who are qualified and are still interested, to maintain those positions.
City Clerk Ward agreed it is desirable to retain people with institutional knowledge.
Councilmember Menikheim responded that institutional knowledge is valuable, but sometimes
Commissioners are there for so long that they become the dominant force on the Commission.
There should be turnover, to provide more opportunities for those who want to contribute to the
governing of the City.
City Clerk Ward noted that in recent years, term limits have not been enforced.
Councilmember Weidner remarked that if term limits are not being enforced, they should be
eliminated. He has found it helpful for the Council representative to have a vote.
Councilmember Menikheim replied that he feels free to voice his opinion as a Council liaison
even without having a vote. He feels if liaisons vote, that suggests that there is something wrong
with the way that the Commission is functioning. He thinks the system works well as is.
Councilmember Junker he thought the system worked, when Council liaisons had voting rights
prior to 2009.
Councilmember Polehna agreed with Councilmember Junker. Some of the Commissions make
impactful decisions that do not come to the Council. and for the Council liaison to not vote on
such decisions would be wrong.
Councilmember Menikheim pointed out that the Council has the final vote if a citizen appeals a
Commission decision.
Councilmember Junker recognized that appeals come to the Council de novo, as a"new case" so
a Councilmember who votes on the matter at the Commission level may change their vote when
the issue comes before the Council.
Councilmember Weidner stated he does not feel the system is broken. He feels voting raises the
level of engagement in the discussion.
Councilmember Menikheim mentioned that he does not feel unengaged. He is a voting member
of the Library Board, per Statute. He is liaison to the Water Board and does not have a vote. He
feels Council liaisons should not vote. If the Council decides to change that, he will not vote and
simply say that he sees it as being disrespectful to the Commission for the Council liaison to vote.
Mayor Kozlowski stated Council liaisons are charged with taking an active role in the Boards and
Commissions. Having the Council liaison vote would make it easier to get a quorum, although he
struggles with the issue of how he would approach voting on an issue twice - as a Commissioner
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City Council Meeting April 4, 2017
and then as a Councilmember. He is leaning toward the idea of more active involvement and
having liaisons vote.
Councilmember Menikheim expressed concern about the perception of reducing the role of the
Commissioners.
Councilmember Junker indicated that he hopes that current Commission members would think
that their role is any less because the Council liaison is voting because up until 2009 Council did
vote when they were on Commissions.
Motion by Councilmember Polehna, seconded by Councilmember Weidner, to make the Council
liaisons voting members on every Commission. Motion passed 4-1,with Councilmember Menikheim
voting against.
Motion by Councilmember Weidner, seconded by Councilmember Junker, to remove term limits for
Boards and Commissions.
Councilmember Menikheim pointed out that removing term limits would allow someone to serve
on a board forever. He would rather allow more citizens to be involved in the governance of the
City.
Councilmember Weidner stated he sees no need for term, limits since the Council ultimately
determines who serves on the Commissions.
Motion passed 4-1, with Councilmember Menikheim voting against.
Regarding the appointment process, City Clerk Ward explained that prior to 2007, the Council
reviewed the applications and if they chose to meet with the candidates, they could. Ultimately
the Council appointed members to the Commissions. Since 2007, staff reviews the applications,
the Commission chair and the Council liaison interview the applicant, and make a
recommendation to the Council for appointment. The Library and Water Boards usually make a
recommendation to the Council, but the Charter states that does not have to be done.
Councilmember Weidner noted the interviews facilitate open, honest discussions between every
applicant and the Chair about their perspective or skill set. It is less of a popularity contest and
more of an open discussion, than it might be in a different forum.
Councilmember Polehna stated he thinks the Commission Chair and the Council representative
should make the recommendation on the appointment. The Council representative should be able
to answer questions the rest of the Council may have about the person being recommended for
appointment.
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to have the Council
representative and the Chair or Vice Chair of the Commission make the recommendation to the
Council on appointments to the Commissions. It was then determined that no vote was needed since
this does not represent a change to the current process.
Community Development Director Turnblad explained that the reason for considering reducing
the size of the Planning Commission is that nine people make the dais very crowded. Also it is
hard to fill nine positions.
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City Council Meeting April 4, 2017
Ms. Ward added that the Planning Commission is the only Commission whose meetings are
televised, which requires them to sit at the dais. It is the only Commission with nine members -
the rest have seven.
Councilmember Weidner commented that if it is just logistics, he is not necessarily in favor of
changing the number.
Mayor Kozlowski suggested leaving the number at nine for now, and the Councilmember would
step in as the ninth member when a seat is vacant.
Councilmember Junker voiced that he would prefer every Commission be six plus the liaison.
City Clerk Ward stated she will bring back a schedule of how the possible reduction would impact
appointments.
RECESS
Mayor Kozlowski recessed the meeting at 6:43 p.m.
RECESSED MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:00 p.m.
Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna
Absent: None
Staff present: City Administrator McCarty
City Attorney Magnuson
Police Chief Gannaway
Fire Chief Glaser
Community Development Director Turnblad
Public Works Director Sanders
City Clerk Ward
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
STAFF REPORTS
Fire Chief Glaser presented the 2016 Stillwater Fire Department Annual Report. The Department
responded to 1,826 incidents. The new station has improved response times. The Department had
6,836 contacts throughout the community in public education. 300+people were trained in CPR.
The Department started using the Zoll Rescue CPR System, which has significantly increased
survival rate to roughly 8%higher than the national average. The ISO rating remained in Class 4,
the 90th percentile. Chief Glaser reviewed 2017 goals for the Fire Department.
Community Development Director Turnblad informed the Council that MnDOT has approved the
historic downtown signage to go on Highway 36 and the new bridge.
Public Works Director Sanders explained that Oak Park Heights and Stillwater have been
approached to gauge interest in using $200,000 in federal funding, left over from Highway 36
improvements, to do a study addressing safety issues at Washington and Norrell Avenues. There
would be a 25%matching City responsibility, split between the two cities. The Federal Highway
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City Council Meeting April 4, 2017
Administration would have to approve the study. Council consensus was that there is interest in
moving forward.
Mr. Sanders updated the Council on the National Guard Armory and sport court for the assembly
hall. In February, the Council approved a sport court floor covering, but due to a staff error, a
three foot area beyond the court to the walls was not included in the price quote. The National
Guard is asking for that remaining area to be covered. The cost is an additional $4,500. Funding
would come from the Parks budget.
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve Resolution
2017-071, approval of additional expenditure for the purchase of sport court for the National Guard
Armory. All in favor.
Finance Director Harrison informed the Council that the audit was done last week and results
should be available in June.
City Administrator McCarty updated the Council on the proposal by Johnson Controls to identify
potential cost savings by replacing lights and mechanical systems on City-owned facilities. Staff
reviewed the proposal, and references that were contacted were positive. However, considering
the timing of internal capital projects, staff recommends that the Council not proceed at this time.
Mr. McCarty also stated that on March 23, the League of Minnesota Cities held its annual
legislative agenda session. He and Councilmember Polehna attended and met with the City's
legislators. Councilmember Polehna noted that they discussed flood protection, erosion at the
south end of downtown, and riverbank stabilization and that Senator Karin Housley was
particularly receptive to working on this issue immediately.
APPROVAL OF MINUTES
Possible approval of minutes of the March 21, 2017 regular meeting
Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the March 21,
2017 regular meeting minutes. All in favor.
PETITIONS,INDIVIDUALS, DELEGATIONS & COMMENDATIONS
There were no individuals, delegations or commendations.
OPEN FORUM
Alexander Pavlicin, SAHS senior, 1459 Clipper Ship Court, Woodbury, and Emma Lowey,
SAHS junior, 704 Sixth Avenue South, Stillwater, student representatives of Youth for
Sustainable Solutions, expressed an interest in serving on the advisory committee for the
Comprehensive Plan update. Community Development Director Turnblad suggested collecting
names of interested students and asking the Council to select students to serve on the advisory
committees.
CONSENT AGENDA
Resolution 2017-067, Directing the Payment of Bills
Resolution 2017-068,resolution approving city participation in the 2017 River City Sculpture
Tour; approving scope of services agreement with ArtFarm, LLC; and authorizing a
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City Council Meeting April 4, 2017
contribution of$1,500 toward the People's Choice Award Sculpture from the Community
Beautification Fund
Possible approval of Bike Rodeo Event—Police Department
Resolution 2017-069, resolution adopting Findings of Fact, Conclusions and Order related to
Tilted Tiki Design Permit Case No. 2017-02
Possible approval of German Fest & Wild Rice Festival— St. Mary's Church
Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt the Consent
Agenda.
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna
Nays: None
PUBLIC HEARINGS
There were no public hearings.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
COMMUNICATIONS/REQUESTS
There were no communications or requests.
COUNCIL REQUEST ITEMS
Councilmember Menikheim informed the Council that the Library Board met with the consultant
hired to oversee the search for the new Director, which is expected to take three to four months.
ADJOURNMENT
Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adjourn the meeting
at 7:43 p.m. All in favor.
z owski, Mayor
ATTEST:
A_GW' Li&2 ‘;'(--.----1.
Diane F. Ward, City Clerk
Resolution 2017-067, Directing the Payment of Bills
Resolution 2017-068,resolution approving city participation in the 2017 River City Sculpture
Tour; approving scope of services agreement with ArtFarm, LLC; and authorizing a
Page 7 of 8
City Council Meeting April 4, 2017
contribution of$1,500 toward the People's Choice Award Sculpture from the Community
Beautification Fund
Resolution 2017-069,resolution adopting Findings of Fact, Conclusions and Order related to
Tilted Tiki Design Permit Case No. 2017-02
Resolution 2017-070, resolution amending the Police Department Remodeling/City Hall
Upgrade Project to include funding for unanticipated additional building project needs;
reallocating 2017 Capital Outlay Funding; reallocating Debt Service Levies for Series
2005C Bonds for 2016 and 2017 to fund additional building project needs and reduce debt
issuance for 2017; reallocating the St. Croix Valley Recreation Center contribution to Debt
Service from Series 2005C to Series 2009C
Resolution 2017-071, approval of additional expenditure for the purchase of sport court for the
National Guard Armory
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