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HomeMy WebLinkAbout2019-07-16 CC MIN til lwater 216 4th Street N, Stillwater, MN 55082 .,,. 651-430-8800 The Birthplace et Minnesota www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES July 16, 2019 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:01 p.m. Present: Mayor Kozlowski, Councilmembers Collins,Junker,Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Community Development Director Turnblad Finance Director Provos Library Director Troendle City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. PETITIONS,INDIVIDUALS,DELEGATIONS&COMMENDATIONS Proclamation Mitch Reinke, Stanley Cup Councilmember Polehna stated that the Stanley Cup will be coming to the St. Croix Valley Rec Center on July 22. He read a proclamation designating July 22, 2019 as Mitch Reinke Day. Mr. Reinke was a member of the National Hockey League St. Louis Blues that won the 2019 Stanley Cup. Mr. Reinke stated he was honored and humbled to receive the recognition. Presentation of Human Rights Award to Melanie Ebertz Mayor Kozlowski read the proclamation and presented the Human Rights Award to Melanie Ebertz, a founding member of Fundacion Comunidad,which works with indigenous people in the Peruvian highland region of Ayacucho,whose lives and communities were decimated by the Shining Path terrorist group. Ms. Ebertz acknowledged that the Stillwater community has been very hospitable to her guests from the Andes over the years. She introduced Wilbur Quispe,who has been visiting Stillwater from Peru every summer since 2003. Ms. Ebertz translated as Mr. Quispe thanked the community and Fundacion Comunidad for the support received during the most difficult times. He sang a song in his native Quechua language. City Council Meeting July 16, 2019 Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2019-079, Stillwater Human Rights Award - Melanie Ebertz.All in favor. Certificate of Appreciation for Contributions to the 4th of July Fireworks from: Margaret Rivers Fund. Sabes Family Foundation. Water Street Inn. St. Croix Boat & Packet. City Sliquors and Rivertown Inn Mayor Kozlowski recognized sponsors of the July 4th fireworks. OPEN FORUM Cameron Murray, 350 Main Street North,suggested several options for addressing the issue of cigarette butt litter.He stated several groups want to help with the problem.He asked the Council to consider installing ash receptacles, incorporating cigarette litter disposal in the nuisance ordinance, sweeping the streets in the early morning, and promoting litter education. Public Works Director Sanders stated staff can look at possible locations for ash receptacles and consider sweeping two days a week. Sheila Maybanks of the GreenStep Cities Committee acknowledged it has been a year since Stillwater became a GreenStep City. They hope to work with the Planning Department to implement some of the priorities.They will be part of the Lumberjack Days Parade. Douglas Jahnke, 1024 North Second Street, complained about receiving a ticket on his truck because it was not moved in 24-hours. He asked the purpose of the 24-hour parking rule; and Mayor Kozlowski replied it was complaint driven; and Police Chief Gannaway added that almost every city has a 24-hour parking ordinance requiring people to move their cars to prevent junk or inoperable cars being left on the street. Mr. Jahnke expressed his extreme dissatisfaction with the ordinance. He would like it changed. Mayor Kozlowski stated the Council will be starting a parking study soon and will review it. Ms. Tadow, a resident of Minneapolis, stated she would like to discuss the subject of Ralph Bell.She stated she is uncomfortable giving her name and address because she does not feel safe in Stillwater. Mayor Kozlowski asked Police Chief Gannaway to summarize the case. Police Chief Gannaway stated that Ralph Bell did not return home on December 20. His car was found in Roseville with the doors open and the car running. Stillwater Police started a missing persons investigation immediately. One investigator was assigned full time to the investigation and he worked continually till February 1. The other investigators got fully involved. Nine search warrants were served, to include bank, car, social media, electronic, and apartment. Police did several searches of the immediate area and kept the Roseville Police Department apprised. The Fire Department searched the frozen river with a hovercraft and an airboat. Searches were conducted in Minneapolis, St. Paul, Stillwater, Hopkins, Roseville, Blaine, Rochester and Duluth. Forty-five people were interviewed and 70 interviews were conducted overall. Mr.Bell was found in Roseville, so Roseville so is the jurisdiction in charge of the investigation. The Bureau of Criminal Apprehension, a statewide investigative agency,helped with the warrants. Page 2 of 7 City Council Meeting July 16, 2019 Ms.Tadow expressed concern that no one searched for Mr. Bell until six days after he went missing; and Chief Gannaway responded that the sergeant handling the call was the investigative sergeant. The Police Department did a full search from the start, but an investigator was not assigned full time until six days later. He stated that handling of a missing persons report depends on the circumstances. When there is no concrete information, police may wait a little while to see if the person turns up. Audience members made inaudible comments. Ms. Tadow stated, since Mr. Bell was a resident of Stillwater, why is the Stillwater Police Department done with the case? Chief Gannaway responded if the Police Department gets new information, officers will follow up on it immediately. The lead investigator is in constant communication with Roseville Police. Kaila, Oakdale,speaking on behalf of Ralph Bell,stated that a missing persons report should be taken seriously immediately.She would like to ask the responding officer why he smirked and told her Mr. Bell was probably just out somewhere.She stated that the Stillwater Police Department would not approve the use of search dogs, which may have found Mr. Bell earlier or saved him. Isabella Taylor, Mr. Bell's sister, River Falls, Wisconsin, pointed out that her brother had never been to jail nor had any altercation with the police. She feels his case was not taken seriously and justice was not served. Corhea Taylor, Mr. Bell's mother, St. Paul, stated the missing person report was not taken seriously. Police did not accompany the family on any searches and she feels they did not believe her son was missing. Amanda Som Stewart,St Paul,applauded the bravery of Mr.Bell's family.She stated the case deserves more information, more communication and more resources to determine what happened to Mr. Bell. Autumn Jacobson, St. Paul, Mr. Bell's cousin, stated she wished there had been police involved in the search efforts.The family led three to five searches for Mr.Bell without police assistance. Casey Kelly, 1635 South Greeley Street, Mr. Bell's neighbor, stated Mr. Bell was murdered. He had two young daughters and a son on the way. He was always happy and she feels he did not take his own life. Mayor Kozlowski voiced sorrow for Mr. Bell's family and stated Mr. Bell seemed like a wonderful person. He trusts the Chief of Police. He wondered if the community response would have been different had there been a different picture on the flyer. He expressed his willingness to assist Mr. Bell's family to make sure they get the help they need. STAFF REPORTS Police Chief Gannaway informed the Council the Department is ready for Lumberjack Days. Fire Chief Glaser stated car seat clinics will take place tomorrow,August 15 and September 22. Page 3 of 7 City Council Meeting July 16, 2019 City Clerk Wolf reminded the Council that the August 6 meeting will be moved to July 30 (7 p.m. meeting only) due to Night to Unite. The August 20 meeting will start at 3:30 with a budget workshop. There maybe another budget workshop August 27 if needed. City Administrator McCarty reiterated that the budget process is underway. Library Director Troendle informed the Council of upcoming library programs. CONSENT AGENDA July 2, 2019 regular and recessed meeting minutes Payment of Bills Sanitary Sewer Adjustments Amend Purchasing Policy John Deere Tractor Purchase Motion by Councilmember Weidner,seconded by Councilmember Collins,to adopt the Consent Agenda.All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Sale of General Obligation Capital Outlay Bonds.Series 2019A Finance Director Provos presented the resolution. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2019-080, resolution providing for the competitive negotiated sale of $3,065,000 General Obligation Capital Outlay Bonds, Series 2019A.All in favor. Strategic Planning report City Administrator McCarty summarized results of the June 20 Strategic Planning Workshop. Motion by Councilmember Polehna, seconded by Councilmember Collins, to approve the updated Strategic Plan.All in favor. CPC Case No. 2019-33 to consider an amendment to City Code Section 41-8, Subd. 11(3) to increase the number of Type C Short Term Home Rental Licenses. Community Development Director Turnblad stated the first reading was approved on a 3-2 vote.There are no changes. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Ordinance No. 1130, an ordinance amending the Stillwater City Code Sec. 41-8, Short Term Home Rental Regulations. Motion passed Ayes: Councilmembers Collins,Junker and Mayor Kozlowski Nays: Councilmembers Weidner and Polehna Page 4 of 7 City Council Meeting July 16, 2019 NEW BUSINESS St. Croix Riverwalk Easement Public Works Director Sanders explained that there are two parcels of land along the St. Croix River Riverbank Restoration and Riverwalk Project that are not owned by the City. Staff and the City Attorney have worked with the property owner to obtain a construction easement and permanent easement for the project. Motion by Councilmember Junker, seconded by Councilmember Collins, to approve the temporary construction easement and permanent easement agreement.All in favor. Public Works Operational Review Contract City Administrator McCarty reported that the 2019 budget included funds to complete an operational review of the Public Works Department, including the Board of Water Commissioners operations and the St.Croix Valley Recreation Center operations.A Request for Proposals (RFP) generated five responses. The evaluation team recommends approval of the proposal and award of the contract to GovHR USA, LLC.The base cost of the study is $24,050, which is within the budgeted appropriation. The anticipated timeline is three months. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2019-081, approving proposal and awarding contract for City of Stillwater operational review of Public Works Department, including Board of Water Commissioners operations and St. Croix Valley Recreation Center operations, to GovHR USA, LLC.All in favor. CGI Agreement City Administrator McCarty requested that the Council approve an amendment to the continued partnership with CGI Communications, Inc. to create a series of professionally produced online videos to highlight what the community offers residents, visitors, and business owners. There is no cost to the City for the video clips, which will be on the City web site. Mayor Kozlowski pointed out that all the sponsors are from Hudson. He would like to get some statistics on how many viewers they are generating. He would like to consider incorporating video instead from Discover Stillwater. City Administrator McCarty stated he can do analytics on how many hits this part of the web site generates. Resubdivision of 1422 Martha Street North Mayor Kozlowski noted this has been tabled at the applicant's request. CLOSED SESSION Motion by Councilmember Junker, seconded by Councilmember Collins, to recess to Closed Session, pursuant to Minn. Stat. §13D.05 subd. 3(b), to discuss attorney-client privileged communication regarding 121 Chestnut Street East. All in favor. The meeting was recessed to closed session at 8:34 p.m. Page 5 of 7 City Council Meeting July 16, 2019 Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna. Also present: City Administrator McCarty, City Attorney Land, Attorney P. Mikael, and Community Development Director Bill Turnblad. Motion by Councilmember Collins seconded by Councilmember Junker to re-open the meeting. Motion by Councilmember Junker, seconded by Councilmember Polehna, to recess to Closed Session pursuant to Minn. Stat. §13D.05 subd. 3(b) to discuss attorney-client privileged communication regarding 106 Chestnut Street East. All in favor. The meeting was recessed to closed session at 8:56 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna. Also present: City Administrator McCarty, City Attorney Land, Attorney P. Mikael, and Community Development Director Bill Turnblad. Motion by Councilmember Junker seconded by Councilmember Polehna to re-open the meeting. COUNCIL REQUEST ITEMS Motion by Councilmember Polehna,seconded by Councilmember Weidner,to suspend Robert's Rules of Order. All in favor Motion by Councilmember Weidner, seconded by Councilmember Polehna,to bring the Historic Armory Conditional use permit back on the table for reconsideration. All in favor. Consideration of Approving a Site Review Conditional Use Permit for the Historic Armory at 107 Chestnut Street East- Resolution Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2019-082, a resolution approving a site review conditional use permit for the Historic Armory at 107 Chestnut Street East.All in favor. Consideration of Approving Settlement Agreement, including the Purchase and Leaseback of a Portion of the Historic Armory Site at 107 Chestnut Street East- Resolution Motion by Councilmember Weidner seconded by Councilmember Polehna to reject the Settlement Agreement, including the purchase and leaseback of a portion of the Historic Armory Site at 107 Chestnut Street East.All in favor. ADJOURNMENT Motion by Councilmember Junker seconded by Councilmember Collins to adjourn. All in favor. The meeting was adjourned at 9:19 p.m. c Ted Kozlows i, Mayor ATTEST: 1 /� / —1, Beth Wolf, City Clerk--- " Page 6 of 7 City Council Meeting July 16, 2019 Resolution 2019-079, Stillwater Human Rights Award -Melanie Ebertz Resolution 2019-080, resolution providing for the competitive negotiated sale of $3,065,000 General Obligation Capital Outlay Bonds, Series 2019A Resolution 2019-081, approving proposal and awarding contract for City of Stillwater operational review of Public Works Department, including Board of Water Commissioners operations and St. Croix Valley Recreation Center operations,to GovHR USA, LLC Resolution 2019-082, a resolution approving a site review Conditional Use Permit for the Historic Armory at 107 Chestnut Street East Ordinance No. 1130, an ordinance amending the Stillwater City Code Sec. 41-8, Short Term Home Rental Regulations Page 7 of 7