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HomeMy WebLinkAbout2007-04-03 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 07- 08 April 3, 2007 REGULAR MEETING Mayor Harycki called the meeting to order at 4:30 p.m. 4:30 P.M. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Public Works Director Sanders Finance Director Harrison Police Chief Gannaway Director of Administration Knauss City Clerk Ward OTHER BUSINESS Greater Stillwater Area Chamber of Commerce Jennifer Severson, Director of the Greater Stillwater Area Chamber of Commerce, was present for the regular update. Ms. Severson told the Council that one of the recurring matters of concern to members is noise pollution, specifically in the downtown area and the historic district, as well as along Highway 95 in general. She said with the approach of warmer weather, the Chamber membership felt this was an appropriate time to address the issue. The Chamber Board passed a resolution encouraging enforcement of the Minnesota noise pollution regulations. The resolution, she said, is being sent to the cities of Stillwater, Oak Park Heights, Bayport and Lake Elmo, as well as Washington County. Mayor Harycki noted that the Council has had previous discussions regarding the noise issue. Police Chief Gannaway said he had put out a directive to his staff and plans to step up enforcement by first issuing written warnings and then issuing citations. Councilmember Milbrandt suggested that unless neighboring communities also enforce the noise regulations, Stillwater might become anon- destination city for a certain clientele. Chief Gannaway said he had contacted surrounding agencies to try and reach a uniform enforcement policy, and he noted that the department is not trying to scare away motorcyclists who ride through town at a normal rate of speed. Ms. Severson also reported that the Downtown Merchants Association is continuing to move forward with its strategic planning process; participation has been very good, she said. She said the Chamber also is continuing to work on the CVB proposal and has been meeting with key stakeholders. Ms. Severson also noted that the Chamber is busy preparing for summer events such as Tussie Mussie, Summer Tuesdays and the annual art fairs. City Council Meeting - 07-08 April 3, 2007 Brown's Creek Watershed District -construction projects and possible approval of license agreement Public Works Director Sanders said the Brown's Creek Watershed District is proposing to do two projects this summer related to the Long Lake Management Plan to reduce phosphorous loading into the lake. The projects include excavating a pond at Cottage Drive and County Road 5 and an outlet modification to the pond at County Road 5 and Wildpine Drive. He said the Watershed District is requesting authorization to do the work in the City as the two projects involve work on City property or City right-of-way. He said the City Attorney had prepared a license agreement which allows the Watershed to perform the work. A representative from the Watershed District explained the projects are designed to reduce both phosphorous and sediment; he said estimates are in the 15-25 percent range for both improvements. The Watershed District Public Works Director briefly reviewed four additional improvements aimed at improving the water quality of Long Lake. Councilmember Polehna asked if anything would be done to deal with the deltas at the south end of Long Lake. The Watershed District Public Works Director responded that the first step is to treat the water quality and then explore options for dealing with the existing sediment in the Lake. Councilmember Milbrandt asked about the timetable for dealing with the existing silt/deltas in the Lake; the Watershed representative stated that is part of a long-range plan. Councilmember Polehna asked about the possibility of improvements impounding too much water. The Watershed spokesperson stated the amount of water being taken out of the Lake drainage system is very minimal. Mayor Harycki asked about plans for a possible draw down of the Lake; the spokesperson stated that is not part of the Watershed District's five-year plan for a variety of reasons. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt, to adopt Resolution 2007-80, approving municipal license for Brown's Creek Watershed District (BCW D). Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Consider the name change from Washington Park to Washington Square and possible approval of plan and license agreement for Washington Park improvements City Administrator Hansen stated the Park Board has approved the proposed name change. He explained that the Teddy Bear Park Foundation has volunteered to make the park improvements, including replacing two existing shelters, construction of a new stage area, installation of a permanent restroom facility, construction of trails, new lighting, installation of an irrigation system and other improvements. He stated the City Attorney had prepared a licensing agreement authorizing the improvements, as the park is City-owned property. Mr. Hansen also noted that the Park Board had reviewed and approved of the planned improvements. Bill Armstrong was in attendance. Mr. Hansen noted the Armstrongs would like to complete the work this summer. Councilmember Page 2 of 21 City Council Meeting - 07-08 April 3, 2007 Milbrandt asked if the Park Board had discussed the possibility of placing memorial benches in the park. Councilmember Nyberg noted the Park Board discussed the bench issue as the Board was concerned there may be existing memorial benches in the park that might not fit with the improvements. Councilmember Nyberg said he didn't feel there should be memorial benches in Washington Park, given the fact that the Armstrongs are donating the improvements. Councilmember Milbrandt said he would like staff to at least explore the option of placing memorial benches in Washington Park and discuss the issue with Mr. Armstrong. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt Resolution 2007-81, a resolution approving Washington Park name and approving a license agreement between the Teddy Bear Park Foundation, a Minnesota non-profit corporation and the City of Stillwater related to making certain improvements to Washington Square, with the issue of the memorial benches to be determined in future discussions with the Armstrongs. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None STAFF REPORTS Director of Administration Knauss reviewed proposals for replacement of the flooring on the second floor of City Hall. She said there is asbestos beneath the carpeting in the finance and administration areas, which needs to be mitigated prior to the installation of new carpeting. She explained that the biggest challenge is mitigation of the asbestos tiles in the server room, which will require the server and phone switches to be shut down. She said in order to have minimal disruption to City Hall services; it is recommend that weekend hours with the contractor be considered. She stated the proposal for the new flooring from Hitler's Flooring America, included in the agenda packet, does not include any weekend work, but she stated she did not think the cost would increase substantially. During discussion, it was noted that Hitler's is part of the state contract. Two quotes were received for the asbestos mitigation -- Dennis Environmental in the amount of $11,600 and ShelterTech in the amount of $11,865; both quotes for asbestos mitigation included weekend work. At the request of Ms. Knauss, she asked that the motion include included authorization of weekend work. Councilmember Polehna stated that was acceptable as long as the work done is at the state contract rate. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adopt Resolution 2007-82, approving quote for flooring and asbestos mitigation at City Hall. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Councilmember Polehna stated he had attended a seminar regarding the disease epidemic affecting ash trees and how communities are planning how to address the disease. He asked if the City had a tree inventory so the City understands the potential Page 3 of 21 City Council Meeting - 07-08 April 3, 2007 impact of the disease. He suggested that the City forester or perhaps an intern do an inventory of trees so the City is prepared in advance for the impact of the disease. Public Works Director Sanders stated there is currently no citywide tree inventory - when new developments come in, the developer does a tree inventory. Mr. Sanders stated he had read that it is recommended that new plantings include no more than 10 percent ash trees; he said he could talk with the forester regarding a possible citywide inventory. City Administrator Hansen noted that the 2007 budget would not be sufficient for a tree inventory, but suggested that could be discussed during 2008 budget talks; Councilmember Polehna spoke of the potential for a college intern to do the work. Meeting was recessed at 5:20 p.m. RECESSED MEETING Mayor Harycki called the meeting to order at 7 p.m. 7:00 P.M. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Public Works Director Sanders Finance Director Harrison Police Chief Gannaway Assistant City Engineer Kraftson Finance Director Harrison Police Chief Gannaway Director of Administration Knauss City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the March 20, 2007 regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation -Stillwater Girls Hockey Team Mayor Harycki read a proclamation recognizing the accomplishments of the state champion Stillwater Area High School girl's hockey team and designated April 3, 2007, as Stillwater Girls High School Hockey Team Day in the City of Stillwater. The team coach thanked the Council and stated it was an honor and privilege to represent the City of Stillwater. Page 4 of 21 City Council Meeting - 07-08 Proclamation -Valley Reads Weeks April 3, 2007 Mayor Harycki read a proclamation designating April 16 through April 29 as Valley Reads Weeks. Representatives of the Valley Reads program thanked the City for the proclamation and encouraged participation in the program that recognizes the importance of the arts and reading. OPEN FORUM There were no public comments CONSENT AGENDA* Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the Consent Agenda. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2007-74, directing payment of bills Resolution 2007-75, approving appointment of Shawn Sanders as regular, full-time City Public Works Director/Public Works Director Resolution 2007-76, Approval of License to Use Real Property (Lily Lake Ice Arena) between the City and Washington County for Household Hazardous Waste Day on May 19, 2007 Possible approval to purchase asphalt hot box for street patching -Public Works Possible approval to purchase computer for Administration Resolution 2007-77, accepting work and authorizing final payment for 2006 Street Improvements Resolution 2007-78, approving amendment to Section 3-6 of the Personnel Policy Possible approval to purchase Camera Equipment -Police Department Possible approval of Special Event -Hope House -May 12, 2007 Possible approval of Special Event - Tussie Mussie -Greater Stillwater Chamber - April 14, 2007 Possible approval of banner installation - St. Michael Catholic Church -Fun Fest - April 23 -May 21, 2007 Resolution 2007-79, approval of Change Order No. 1 for the Boutwell Road Phase 3 (Project 2000-05B) Possible approval to purchase computer for Community Development Possible approval of temporary liquor license -Church of St. Michael -May 20, 2007 Page 5 of 21 City Council Meeting - 07-08 PUBLIC HEARINGS April 3, 2007 Case No. 07-07. This is the date and time for a public hearing for final approval of Phase I development of Millbrook, a residential subdivision on TH 96 west of Neal Avenue. This case includes: Final Plat and Final PUD approval for MILLBROOK (1St Addition), which includes 63 single family homes; and a Preliminary Plat and PUD amendment relating to the townhome portion of the project. US Home Corporation, applicant. Notices were mailed to affected property owners and published in the Stillwater Gazette on March 23, 2007. Mayor Harycki opened the public hearing. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to continue the hearing. Mayor Harycki closed the public hearing and explained the hearing was being continued due to a procedural issue that prevented the Heritage Preservation Commission from reviewing and commenting on this case. City Attorney Magnuson advised that the recommendation is to continue the hearing to April 17, 2007, which will eliminate the need to republish and re-notice affected property owners. Councilmember Milbrandt amended his motion to continue the hearing until April 17; Councilmember Polehna accepted the amendment. Ayes; Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None This is the date and time for the public hearing to consider 2007 street improvements. Notices were mailed to affected property owners and published in the Stillwater Gazette on March 23 and March 30, 2007. Assistant City Engineer Kraftson reviewed the proposed street improvement project, which includes reconstruction of Eagle Ridge Trail between Myrtle Street and Neal Avenue, along with Van Tassel Drive and Van Tassel Court. He stated plans include curb-to-curb street replacement, with most of the existing curb left in place except in certain areas where the curb has deteriorated and needs to be replaced. The proposed street section, he said, includes 12" of sand, 6" of gravel and 4" of bituminous. On Eagle Ridge Trail, between Myrtle and Green Twig the curb would be installed on the right side of the street, where currently no curb exists; the street would be 28' wide, with parking on the west side only. The Middle St. Croix Watershed Management Organization requires the City to provide '/2" of infiltration for the path and street; the infiltration requirement, he said, is designed to filter storm water runoff, reduce flooding and recharge the groundwater. The infiltration requirement is proposed to be met by the installation of some rain gardens behind the curb. Mr. Kraftson also spoke of the proposal to construct a pedestrian path along Eagle Ridge Trail; a trail in that location is identified as a high priority in the City's comprehensive trail plan, he noted. The proposed path would make connections with paths at Neal Avenue, to the McKusick Page 6 of 21 City Council Meeting - 07-08 April 3, 2007 Lake trail, as well as the Myrtle and Boutwell trails. The path could be either a 5' concrete sidewalk or 8' bituminous trail. Mr. Kraftson reviewed the features of the two trail options regarding snow removal, funding, path connections, maintenance and potential uses. He noted that a path on the south and west side of Eagle Ridge would have connections on the same side of the road as the paths at Myrtle and at Neal. On the east side, there are 29 driveways and 7 roads that would need to be crossed; on the west side, there are 26 drives and 9 road crossings. Constructing the path/trail on the east side of Eagle Ridge involves conflicts with the Middle St. Croix WMO, he noted. Preliminary discussions with the WMO and the Washington Conservation District indicate a preference for a trail on the west side of the road, he stated, away from their buffer areas. Also, he said, constructing a trail on the east side would require additional grading and retaining walls, which would add about $40,000 to the cost of construction. He spoke of the possibility of trail dedication funds to help pay for a portion of the cost, but noted the Park Board has recommended that only 8' trails identified in the comprehensive trail plan be eligible to receive trail dedication funds, and he noted the trail dedication fund has a zero balance at this time. He spoke of buffer/wetland concerns regarding placement of a trail on the east side of the road. Mr. Kraftson also reviewed potential costs for the street portion of the project and the trail/sidewalk portion of the project, the cost differential of bituminous trail versus concrete sidewalk, and placement of the trail on the east side of Eagle Ridge versus placement on the west side. He also spoke briefly of possible funding sources, including the City's transportation adequacy program, assessments and possible formation of a sidewalk improvement district. He also reviewed preliminary assessment figures. He reviewed a possible timeline for the project, with the possible opening of bids and award of contract on May 15. Mayor Harycki opened the public hearing. Doug Karnuth, 1110 Eagle Ridge Trail, said he felt a sidewalk was more appropriate given the residential nature of the neighborhood. He also questioned the potential size of the boulevard and noted that regardless of which side of the road the path is placed on, there will be a big impact on property owners due to the loss of frontage. He also spoke of the cost factors and suggested that narrowing boulevards would reduce the cost for grading, terracing and repairs. Ann Mclellan 2336 Eagle Ridge Trail, said she was not against the street improvement project but was against the sidewalks. She noted this development is 25 years old, and sidewalks should have been part of the original plans, rather than now when construction would take away a lot of homeowners' yards. Vicki Michalski, 640 Eagle Ridge Trail said she was in favor of a sidewalk. She suggested the possibility of making the street narrower, and spoke in favor of reducing the size of the boulevard. She also spoke in favor of sharing the cost of a sidewalk, saying that all residents in the neighborhood will benefit. Page 7 of 21 City Council Meeting - 07-08 April 3, 2007 Matt Corbett. 2282 Eagle Ridge Trail, asked why the roadway couldn't be recycled - ground up and re-tarred. He also stated he didn't think the project addresses the biggest issue with Eagle Ridge Trail -speed on the road. He suggested the possibility of narrowing the street and perhaps placing medians to slow speeds. He also spoke in favor of assessing the entire neighborhood, as all residents will use/benefit from a sidewalk. Public Works Director Sanders addressed the comment about recycling. He noted the bituminous will be recycled and likely used on another project, but the roadway is deteriorating because it was placed on a clay surface, and the new road will last more than 25 years. Mayor Harycki asked about possible traffic-calming measures and the possibility of a stop sign at Green Twig. Mr. Sanders responded that the Public Works Department had been monitoring speeds in the area; of 400 cars monitored, the average speed was 29 mph, he said. Mr. Sanders also stated monitoring found that only 7 percent of the vehicles were cut-through traffic, and speed appears to be a neighborhood issue; he also noted that stop signs are generally not used as a speed control measure. Jon Pedersen, 480 Eagle Ridge Trail, spoke of the history of the neighborhood, with the narrow setbacks in the lower Eagle Ridge Trail area. Because of the narrow setbacks, he said he is opposed to a sidewalk on the west side and said a sidewalk would be a great infringements on front yards and create a safety issue. He showed photos of some homes in the lower Eagle Ridge Trail area and the challenge of trying to construct a sidewalk in the easement area, as well as safety issues of steep driveways and trying to identify pedestrians crossing a sidewalk. He suggested the potential for creating a nature trail in the area versus a sidewalk in front yards and said neighbors would be happy to volunteer to clean up the wetland/natural area on the east side of lower Eagle Ridge. Todd King; 210 Wildwood Court, asked that the City Council vote against the proposal as presented. He said he felt the project was on a fast track and needs more input from residents. He said he felt there were many alternatives to the standard street surface and sidewalks that haven't been fully evaluated. In talking to his neighbors, he said he found support for some type of nature trail on the east side of Eagle Ridge. He proposed the formation of some type of citizen advisory group to work with City staff and the WMO to coordinate the project as more of a citywide effort. He also expressed a concern about water quality in the wetland that abuts Eagle Ridge, especially between Eagle Ridge and the City maintenance lot; he said there appears to be a lot of sediment and soil pollution coming off the City lot. He referred to the McKusick boardwalk as the kind of innovative approach that should be brought to the project. Public Works Director Sanders addressed the question about runoff from the City site; he noted there are two pipes that drain into the wetlands, which carry primarily surface runoff from snow storage and rain events. He noted that a feasibility study is being conducted to determine if the site could serve as a new public safety facility and some of the water quality issues will be addressed as part of that report. Page 8 of 21 City Council Meeting - 07-08 April 3, 2007 Randy Sipe, 230 Wildwood Court, had a sample of the water taken from the area in question. He noted the water was quite turbid and pointed out this water sample was taken from the area which discharges directly into Lake McKusick. He spoke of the area of Eagle Ridge from Myrtle to Green Twig Way. He said some of the residents in that portion of Eagle Ridge prefer a woodland trail through the vacant School District property on the east side of the road. He said only about a150' section would be inside the WMO wetland buffer zone; he suggested a trail on the woodland side would be of much less impact to residents while at the same time offering access to the Jaycee ball fields. He suggested runoff from a sidewalk on the west side of the road would be more likely to enter the wetlands than runoff from a trail on the east side due to the difference in elevation in the area draining into an outlet at the lowest point of the area in question. He reviewed discharge points and the flow from the road ditch into Lake McKusick. He stated a sidewalk as proposed on the west side would increase water runoff worsening the existing situation and would also preclude the use of rain gardens as a mitigation effort. A pathway on the east side, he said, would at least provide for the possibility of rain gardens on the west side of the road. Additionally, he said a pathway on the east side would not contribute additional storm sewer loading and could be built with infiltration swales to provide remediation of runoff. He suggested a trail on the east side could make a connection with the McKusick boardwalk and urged the City to work with the WMO. He stated that any project that takes on a sense of immediacy, such as this -one, runs the risk of overlooking important details and unintended consequences. He urged the Council to take a time out, step back and perhaps appoint a commission or somehow involve water management professionals to take another look at this with a broader perspective of the issues, including the ditch and runoff from the former dump site. He said there are water issues involved that are broader than just the Eagle Ridge road or trail project. Bruce Weber, 1218 Eagle Ridge Trail, said a sidewalk was proposed 10 years ago and residents were against it then. He suggested that if neighbors were polled, they would not want a sidewalk on either the west or east side. Tony Zanko, 540 Eagle Ridge Trail, expressed a concern about water quality, saying it is a bigger issue than just runoff from a sidewalk and safety. He said whatever is done with Eagle Ridge should be a neighborhood asset as well as a City asset. He also called for sharing the cost of the street improvements, rather than assessing only those who front the street. He also called for monitoring of the quality of work, so the project is done properly. Glen Schwickrath, 380 Wildwood Court, pointed out there was no curb on the east side of the road up to Green Twig because the original developer wanted people to be able to walk to the nature side of the street rather than where the houses were. She also suggested that rather than conflicts with the WMO, there are mitigation standards that must be met and be resolved to allow a trail on the east side. Page 9 of 21 City Council Meeting - 07-08 April 3, 2007 Patrick McNeal, 2359 Eagle Ridge Trail, spoke of a "false sense of safety," that a sidewalk would make the street safer. He suggested that asidewalk/trail might encourage kids from Creekside to cross Neal Avenue, whereas currently they stop at Neal. He questioned the speed study and utilizing a police officer to monitor the speeds. He suggested that the street needs to be narrower; speeds reduced and not give a false sense of security that sidewalks will make it safer. Nancy Meysembourg, 820 Eagle Ridge, said she was opposed to a sidewalk or trail. She said she did not see the need. Joanna Eckles, 2412 Creekside Court, stated she is very much in favor of the City's comprehensive trail plan and said the connections of a trail on Eagle Ridge Trail would be very important. Bill Pappas, 720 N. Fifth St., said with the completion of the Brown's Creek diversion project, McKusick Lake is now receiving the most problematic parts of the Brown's Creek Watershed and said it is time for the City to recognize it owes the citizens of Stillwater a continuous plan to rehabilitate McKusick. He said the fate of McKusick is tied to the City's willingness to take incremental steps in the treatment of storm water in every new activity. He questioned whether this street project could be done until the decision to proceed with the fire station is made, the extent of the contaminated soils at the end of the road is fully understood, and there is an understanding of how this road construction could fit into the Lake McKusick management plan which is being prepared. He said he thought the road project ought to be redesigned to recognize its significance in contributing to the rehabilitation of Lake McKusick, which means a different approach to merely conforming to watershed rules. He said the lower part of the road has significant problems that can be incorporated into the future of the fire station site and possible remediation of soil correction. No other comments were received, and the hearing was closed. Councilmember Milbrandt agreed that this is the starting point for McKusick, but said he didn't think it was fair to put the burden of trying to fix McKusick on one road project, and he said he would not be willing to take one of the worst roads in Stillwater and simply shelve it for a year or two. He suggested approving the street project and forming a sidewalk district to contribute to the path. He said he thought the long-range plan that calls for a pedestrian walkway on Eagle Ridge is very important for its many connections. He said he thought a bituminous path offers the most pedestrian-friendly option. Mayor Harycki suggested the possibility of forming a citizen's advisory group to work with the WatershedM/MO to come up with creative approaches. He called for slowing down the sidewalk/path portion of the project while looking at alternatives. Councilmember Nyberg said he would like to explore the options of the concrete sidewalk north and west of Green Twig and trail option on the other end of the road. Councilmember Gag referred to traffic calming measures on Deer Path and suggested Page 10 of 21 City Council Meeting - 07-08 April 3, 2007 there are some similarities in these two projects. Councilmember Polehna said he thought the road project has to be done, but agreed there may be other options for the trail; he also said he favored establishment of a sidewalk district. Councilmember Gag also said he favored a sidewalk district. City Attorney Magnuson advised that improvement project procedures are very formal; at this stage, the improvement hearing, there is a resolution ordering the preparation of plans and specifications. Because the project has not been petitioned, the resolution must be adopted by a 4/5 vote, Mr. Magnuson pointed out. Mr. Magnuson also noted that to establish a sidewalk district, the Council must adopt an ordinance. There was discussion as to how the WMO requirements might affect the construction timeline. Public Works Director Sanders pointed out that the further the project is pushed back, the more the cost likely will be increased; he also noted that a trail on the east side might require obtaining easements from the School District and a private property owner. City Attorney Magnuson suggested the trail options between Green Twig and Myrtle could be bid as an alternate. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the first reading of an ordinance establishing an Eagle Ridge sidewalk district. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to adopt Resolution 2007-83, ordering improvement and preparation of plans & specifications for the 2007 Street Improvement Project (Project 2007-02) and to bid the project that included from Myrtle to Neal, a 5' concrete sidewalk on the east side of the road from Green Twig to Neal and 5' concrete sidewalk on the west side of the road from Green Twig to Myrtle, to work with the School District and Water Management Organization on options for a trail system on the east side of Eagle Ridge from Myrtle to Green Twig. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None This is the date and time for a public hearing to consider a new wine with strong beer liquor license for The O'Factory DBA: Shane's on Main located at 215 Main Street South, applicant Shane Nelson. City Clerk Ward noted approval should be contingent upon the filing of required documentation and final approval by Police, Fire, Building Inspection, Finance and Minnesota Liquor Control. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Page 11 of 21 City Council Meeting - 07-08 April 3, 2007 Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt Resolution 2007- 84, approving new wine license with strong beer option and 3.2% Malt Liquor License for the O'Factory, DBA: Shane's on Main, with the conditions stated by City Clerk Ward's memo. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Case No. 07-11. This is the date and time for a public hearing to consider an annexation request for the property located at 8080 Neal Avenue North. Stephen and Barbara Kochendorfer, applicants. Notices were mailed to affected property owners and published in the Stillwater Gazette on March 23, 2007. Community Development Director Turnblad stated the request is due to the applicants' failed septic and desire to hook up to City services. The Planning Commission, Joint Board, and staff recommend approval, he said. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Gag, seconded by Councilmember Milbrandt, to adopt Resolution 2007-85, a resolution annexing land to the city of Stillwater pursuant to the joint resolution of the city and town of Stillwater as to Orderly Annexation dated August 16, 1996. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Case No. 07-02. This is the date and time for a public hearing to consider Fairway Villas, a development of property at 1902 North William Street into 24 twinhomes (12 buildings with two homes per building). The developers have requested approval of: a 24 lot preliminary plat; rezoning from RA, single family residential to RB, two-family residential; a comprehensive plan amendment changing_the future land use of the property from SFLL, Single Family Large Lot to SFSL Single Family Small Lot; and a cul-de-sac length variance. MBM Development, Bob Clark applicant. Notices were mailed to affected property owners and published in the Stillwater Gazette on March 23, 2007. Prior to opening this case, Mayor Harycki read a statement regarding recusing himself from this agenda item, despite assurances from legal counsel that he has no conflict of interest in this matter. Vice Mayor Milbrandt assumed direction of the meeting and opened Case No. 07-02. Community Development Director Turnblad reviewed the request. The request to construct 24 twinhomes, 12 buildings with 2 units each, involves rezoning from RA to RB, a Comprehensive Plan amendment changing the land use map from Single Family Large Lot (SFLL) to Single Family Small Lot (SFSL), variance from the cul-de-sac length and preliminary plat approval. Mr. Turnblad noted that the statutory deadline for Page 12 of 21 City Council Meeting - 07-08 April 3, 2007 acting on this application would expire before the Council's next regularly scheduled meeting, so some decision/action was required at this meeting. Councilmember Nyberg asked about the loop design of the cul-de-sac and whether staff could foresee any future problems. Mr. Turnblad explained that one of the reasons for setting a maximum length for cul-de-sacs is a safety concern about emergency vehicle access should the street be blocked. However, the looped design in this proposal, he said addresses that safety concern as traffic likely would not be blocked on both sides of the loop. Councilmember Gag asked about Met Council's involvement in the Comprehensive Plan amendment. Mr. Turnblad explained that if the Council approves the amendment, then an application for approval is filed with the Met Council. Councilmember Gag asked for an explanation regarding the impact of the location of the railroad on the Brown's Creek Watershed District's jurisdiction. Mr. Turnblad explained there is a shoreland overlay district within 150' of Brown's Creek, with additional regulations related to grading and removal of vegetation on property within 300'. Mr. Turnblad stated this development would not involve any grading within the overlay district. Mr. Turnblad stated permits would have to be obtained from the Watershed District. On a question by Councilmember Gag, Mr. Turnblad explained the suggested condition of approval related to a trail easement; he noted there are potential trail connections the Park Board felt were worth preserving by way of an easement. It was noted that the property in question currently is zoned RA which would enable a developer to construct about 18 single-family homes without any change in the Comp Plan; the developer would need only plat approval. Also, unless a PUD is involved, there is no design review process in approval. Councilmember Nyberg asked City Attorney Magnuson if there was any potential liability should the City turn down a preliminary plat that meets all requirements. Mr. Magnuson responded there would no be liability in such an instance, but denying a preliminary plat that meets all requirements would be an arbitrary action and likely result in a court order for approval. Vice Mayor Milbrandt opened the public hearing. Mick Lynskey, Lynskey & Clark and MBM Development, gave a brief history of the project. He showed a schematic of a possible 18single-family home development, which meets all City ordinances/setbacks. He said considering the impact of the 18- home development, they looked for an alternative, which led to the twinhome concept. He stated initially, the twinhome proposal was for 13 structures. He said the twinhome proposal has less of an impact in every measurable way than 18single-family homes would have on the neighborhood -- 20 percent less traffic, less construction traffic, fewer structures and less mass, three fewer buildings fronting on the golf course, controlled architectural design and building placement, and more open space. He stated that after hearing concerns from residents. Planning Commission and Councilmembers, prior to the preliminary plat, they revised plans and removed one of the twinhome structures. Mr. Lynskey responded to the issue of rezoning; he noted the rezoning is not being requested to increase the density but is needed to accomplish their goal of reducing the impact of the development. Mr. Lynskey offered to eliminate one additional structure from the plan and presented a revised schematic with 11 twinhomes; the revised plan eliminates one of the structures on the golf course side of the site, he said, Page 13 of 21 City Council Meeting - 07-08 April 3, 2007 with some additional ponding. Marc Putnam, Putnam Planning & Design, provided a video presentation of the planned development. Mr. Putnam also showed some schematics of views/heights of the twinhome plan versus asingle-family structure. Vice Mayor Milbrandt invited comments from the public. Brian Larson, 2008 Hazel Court, stated that following the Planning Commission meeting, he had hoped for a compromise that everyone could live with. He suggested there are other possibilities/alternatives if this proposal is denied. He stated whatever is developed at that site; there are issues to be addressed. He raised a question regarding the conflict between the Comprehensive Plan and zoning and asked whether the Comp Plan can be ignored in such a situation. He spoke in favor of reduced density when moving out from a City's center, as well as less density along sensitive areas such as Brown's Creek. He showed a diagram of potential building sites based on the existing pattern of the neighborhood and complying with the density of the Comprehensive Plan. He also talked about the length of the cul-de-sac, the steep slopes on the site, and the substantial retaining walls that will be required to accommodate the development. From a policy issue, he said he was concerned that if this rezoning is approved, other property owners with large lots might be encouraged to do the same. He said he likes the proposed design for the site, but feels there is too much of it. Teresa Libby, 2003 Hazel St., said Dutchtown is a unique neighborhood and she fails to see how the proposed high-density, twinhome development fits into the surrounding single-family neighborhood. She said the existing zoning and Comprehensive Plan should not be changed to allow the proposed high density development. She said she was not against development, but development must fit in with the surrounding neighborhood and comply with the existing rules. She noted the Council has worked hard at developing infill guidelines and urged the Council to continue with that mission. Jim Meier, 405 W. Hazel, urged the Council to maintain the character of the neighborhood and deny the rezoning and Comprehensive Plan amendment. He said he would like to see the continued development of the area with the existing zoning. He also stated that the railroad line does not serve as a barrier to water flowing into Brown's Creek and this site should be considered part of the Brown's Creek overlay district. Daniel Brookman 5610 Omar Ave., Oak Park Heights, representing Stillwater Country Club, stated the Country Club would prefer that no development take place on that property. However, he said, realistically, recognizing that development will occur, the Country Club members would prefer the twinhome proposal versus the 18 single-family homes as the structures will be of lower profile and farther away from the golf course. He asked the Council to approve the requested rezoning to allow construction of the twinhomes, saying he hoped there would be 11 units as offered earlier in the meeting, rather than the single-family homes. Page 14 of 21 City Council Meeting - 07-08 April 3, 2007 Dick Paukert, 303 W. Hazel St., said this was an issue of rezoning that would impact the whole Dutchtown area, not just Hazel Street. He said when the North Hill sewer project was done; the City listened to concerns and made changes to maintain the character of the neighborhood. He urged that the Council do the same regarding this application - maintain the character of the neighborhood, which is not ahigh-density neighborhood. Dan Greferre, resident of Stillwater and member of Stillwater Country Club, said he felt the proposed development would be less intrusive than massive single-family homes. He said he liked the low profile of the twinhomes and he said it's proven that there will be less traffic with the twinhomes. He also suggested these developers go above and beyond in creating high-end developments and urged the Council to approve the plans as presented. Melanie Ebertz, 1924 N. First St., said Dutchtown is a very vulnerable area and opening this change up would have some very negative impacts on the neighborhood. She spoke of the possible setting of precedence for other owners of double-lots and urged the Council to act to retain the flavor of the Dutchtown neighborhood. Scott McDonald, 10860 Myeron Road, reinforced the perspective that this proposed development will have less of an impact than what could go on this property. He spoke of the quality of work characteristic of these developers and said he thought the project would be one the City would be proud of and urged Council approval. James Purcell, 2001 Hazel St., spoke against the proposal. He noted the project involves multiple requests for variances. He spoke of the density of the project and suggested the project would amount to a gated community. He asked the Council to deny the rezoning request and urged the Council to abide by the City's stated mission of good planning. Timothy St. Claire, 14441 Dellwood Road N., Stillwater Township, expressed a concern about the impact of the development on Brown's Creek. He spoke of the Orderly Annexation Agreement between the City and Township which provided for a buffer/transition area of single-family, large-lot zoned property between the City and Town. He urged the Council to follow the recommendation of the Planning Commission and deny the request(s). He also spoke of the potential for setting precedent in the rezoning. Dan St. Martin, 2280 Orwell Court., suggested if there is anything negative to Brown's Creek in the proposal, it should be denied. If there is nothing negative, it should be approved. If there is something illegal about the proposal, deny it, he suggested; if there is nothing illegal, it ought to be approved. Mary Harycki, 2004 Hazel Court, spoke of the potential impact on Brown's Creek, safety concerns related to the long dead-end street and cul-de-sac. Ms. Harycki spoke of the density, traffic, and lack of amenities for ahigh-density development, and inconsistency with the surrounding neighborhood. She asked the Council to listen to the citizens, Page 15 of 21 City Council Meeting - 07-08 April 3, 2007 support the Comprehensive Plan and zoning regulations and the recommendations of the Planning Commission. Sonja Larson, 2008 Hazel Court, also spoke of safety concerns. Ms. Larson said her big concern was with the numbers. She said she agreed that the proposed design of the units might be better than huge single-family structures. Jill Greenhalgh, 410 N. Fourth St., spoke of the history of development in Stillwater and of losing faith in the development process. She urged the Council to listen to the citizens. Ken Harycki, 2004 Hazel Court, noted he was speaking as a private citizen. He stated he was against the development for obvious reasons, reasons well-stated in previous testimony. Jon Whitcomb, 313 Quixote Ave., Lakeland Shores, member of Stillwater Country Club, spoke of the not-in-my-backyard syndrome regarding development proposals. He stated as a member of the Country Club, he would prefer to see less building, rather than more, and said he thought the twinhome proposal will be a better end result than single- family homes that could be placed there. Tamara Curtis, 112 Hazel Street, said the proposal doesn't fit with the neighborhood. She also expressed a concern about traffic. Curt Koenig, 2195 Interlachen, who also owns property in Dutchtown, said he felt the project would be a good development for Stillwater and asked the City to support the proposal. Dan Kalmon, 309 E. Willow St. and member of the Planning Commission, speaking as a resident of Dutchtown, said the proposed development does not fit with the mix in density with the existing neighborhood. He said the proposal would drastically alter the character of the neighborhood. Wally Nelson, Stillwater, member of the Country Club, said he was in favor of the project. Listening to the discussion, he said he thought the issue was impact, and said he thought the twinhomes have less impact in many ways than single-family homes would have. Eric Ogren, 13580 47th St., Baytown, suggested the developers have been very responsive to the neighborhood, Planning Commission and Council in design and reducing the number of units. Tracy Galowitz, City Attorney for Mary Ann Sandeen, said if this proposal isn't passed and if the Council feels the plan is not in the best interest of the neighborhood and doesn't think the rezoning will minimize the impact, 18 homes will be built on the Page 16 of 21 City Council Meeting - 07-08 April 3, 2007 property and the City will have no control over height, building materials, or taking of trees. Mary Ann Sandeen, owner of the property in question, said she selected Lynskey & Clark to develop the property, property she has owned for many years and is now ready to sell, because of their stellar reputation. She said she felt the project as proposed by Lynskey & Clark is the right fit for the property. Mary Harycki reiterated her request for the Council to uphold the current zoning and Comprehensive Plan and suggested that should this plan be denied, the developer will not be able to build 18single-family homes as they keep saying. Mick Lynskey responded to several comments regarding slopes, drainage to Brown's Creek and the cul-de-sac. Vice Mayor Milbrandt closed the public hearing. Councilmember Nyberg asked City Attorney Magnuson about any future liability in moving forward with development on other parcels should the requested rezoning be granted. Mr. Magnuson responded that the law presumes every parcel is unique - because a variance is granted on one parcel, it does not obligate the City to grant a variance on another parcel. He said he didn't think precedence was an issue of concern in this matter. Councilmember Nyberg asked how Mayor Harycki's recusal would affect the Council vote. City Attorney Magnuson explained the voting procedure. With the Mayor's recusal, there are four members for the vote. The Comprehensive Plan amendment requires atwo-thirds vote, while the zoning change requires a simple majority. Councilmember Nyberg asked about the Watershed District's role, whether this proposal or the single-family homes would have to be reviewed by the Watershed District. City Attorney Magnuson stated the Watershed District will review the plans. Councilmember Nyberg stated it is impossible to predict exactly what the best use for a specific parcel of land is and that is why the Comprehensive Plan is a guide, with a mechanism for change. Regarding traffic, he suggested that with the offer to reduce the number of twinhomes by one building structure, it would seem traffic levels of the twinhome plan would be very similar to 18single-family structures. He pointed out that any project still has to be approved by the Brown's Creek Watershed District. Councilmember Nyberg said he was impressed that the developers were willing to eliminate another building closest to Hazel Street, which he suggested lessens the impact of the development. Regarding the cul-de-sac issue, he pointed out there is already an existing cul-de-sac longer than the one proposed. Councilmember Polehna verified that water treatment/drainage would be done on site via ponding. Mr. Polehna asked about the cul-de-sac. Mr. Turnblad explained that the City's zoning code is vague and doesn't state where to measure the cul-de-sac; by default, he said measurement is usually interpreted in favor of property rights - in this case, measuring from the existing street, Hazel Street or Hazel Court. Councilmember Polehna referred to the variety of opinion on the proposal. Councilmember Gag noted that any development in any neighborhood is an emotional issue Councilmember Gag Page 17 of 21 City Council Meeting - 07-08 April 3, 2007 pointed out that if the Council denies this project, some other developer will step forward. Councilmember Nyberg said he was not willing to roll the dice, with the expectation that 18single-family homes won't be allowed. Vice Mayor Milbrandt said he thought that the twinhome proposal was the best fit for the neighborhood, but he pointed out that the City has a zoning plan in place and he believes that RA is appropriate zoning for the area. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to approve the first reading of an ordinance to change the zoning of the site from RA to RB and adopt Resolution 2007-86, a resolution approving the preliminary plat, comprehensive plan amendment, and variance for an MBM Development project located at 1902 N. WILLIAM STREET and known as Fairway Villas (Case No. 07-02). Ayes: Councilmembers Gag, Nyberg and Polehna Nays: Vice Mayor Milbrandt Councilmember Gag stated if the plan does move forward, he will not be pleased if on review by Brown's Creek Watershed District, the developers will need to come back before the Council with additional requests for variances or special consideration due to slope or drainage issues, for example. City Attorney Magnuson pointed out that Mr. Turnblad had prepared a resolution combining the four specific requests related to this case -rezoning from RA to RB, Comprehensive Plan amendment changing the use from SFLL to SFSL, preliminary plat approval and variance for the cul-de-sac length. Councilmember Gag pointed out the approval should be based on the developer's latest proposal for 11 buildings, 22 twinhomes. On a suggestion by Mr. Putnam, it was agreed the motion should reference the plan for 11 buildings (22 units) dated April 3, 2007. Vice Mayor Milbrandt pointed out that due to statutory requirements, if the Council does not act on this case at this time, it is approved by default. Councilmember Nyberg agreed to amend his motion to include approval of the resolution for the four requested actions, including exhibit A, the plan dated April 3, 2007, for 11 buildings, 22 units. Councilmember Polehna agreed to the amendment. Mayor Harycki returned to his seat on the Council after the vote on Case No. 07-02. Given the lateness of the hours (12:30 a.m.), Mayor Harycki asked City Attorney Magnuson for options regarding the public hearings still on the agenda. Mr. Magnuson said with the exception of Case No. 07-09, the hearings could be continued until the next regular Council meeting. Continuing Case No. 07-09 (Legacy on Long Lake) would require a signed agreement from the developers to extend the 120-day statutory deadline. Case No. 07-15. This is the date and time for a public hearing for rezoning of the property located at 8262 and 8270 Neal Avenue North from AP, Agricultural Preservation to RA, Single Family. City of Stillwater, applicant. Notices were mailed to affected property owners and published in the Stillwater Gazette on March 23, 2007. Page 18 of 21 City Council Meeting - 07-08 April 3, 2007 Mayor Harycki opened the public hearing. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to continue the public hearing. Mayor Harycki closed the public hearing. City Attorney Magnuson advised that the motion to continue specify the date for the continued hearing, April 17, 2007. Councilmember Milbrandt agreed to amend his motion to include the date; Councilmember Polehna agreed to the amendment. All in favor. Case No. 07-09. This is the date and time for a public hearing for Legacy on Long Lake, a development of property on Lonq Lake at 72" Street into 50 single family lots. The developers have requested approval of: a preliminaryplat and a concept PUD for a 50 lot development; a rezoning of the property from AP, Agricultural Preservation to TR, Traditional Residential and to LR, Lakeshore Residential; and vacation of excess prescriptive right-of-way easement for 72"d Street. Ed Dulach, Elite Development, applicant Notices were mailed to affected property owners and published in the Stillwater Gazette on March 23, 2007. The Legacy developers signed the extension to enable the hearing to be continued to the next Council meeting. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to continue the hearing at the April 17, 2007 meeting. UNFINISHED BUSINESS Possible agreement with St. Croix Academy It was the consensus of Council to address this item at the April 17, 2007 meeting. NEW BUSINESS Possible approval of easements for utility crossings (Neal Avenue and Marylane Avenue N) from the Minnesota Zephyr It was the consensus of Council to address this item at the April 17, 2007 meeting. Possible approval of plans and specifications for Phase 3 trunk utilities water and sewer Public Works Director Sanders explained that plans and specs are done for the extension of trunk water and sewer facilities to the Millbrook and Brown's Creek Reserve properties. The request before the Council, he said, is approval of the plans and specs and authorization to go to bids. Councilmember Gag asked if there had been any changes to original plans. Mr. Sanders explained the original thought was to have the sewer go along Brown's Creek due to the elevation. Once it was determined that Page 19 of 21 City Council Meeting - 07-08 April 3, 2007 Brown's Creek Watershed wouldn't allow that placement, the sewer was realigned to go through the Brown's Creek Reserve property. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-87, approve plans and specifications and ordering advertisement for bids for Phase III Trunk Utilities Neal Avenue Truck Sewer Line Project (Project 2006-09A) Trunk Watermain Project (Project 2006-09B). Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible appointment to the Fire Relief Association Board of Trustees Motion by Councilmember Polehna, seconded by Councilmember Nyberg to appoint Councilmember Milbrandt and Mayor Harycki to the Fire Relief Association Board of Trustees. All in favor. COMMUNICATIONS/REQUESTS 2007 Open Book Meeting Schedule (Announcement) ~/layor Harycki read the schedule of Open Book meetings. ADJOURNMENT Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adjourn at 12:40 a.m. All in favor. ATTEST: Diane F. Ward, City Clerk. Page 20 of 21 City Council Meeting - 07-08 April 3, 2007 Resolution 2007-74, directing payment of bills Resolution 2007-75, approving appointment of Shawn Sanders as regular, full-time City Public Works Director/Public Works Director Resolution 2007-76, Approval of License to Use Real Property (Lily Lake Ice Arena) between the City and Washington County for Household Hazardous Waste Day on May 19, 2007 Resolution 2007-77, accepting work and authorizing final payment for 2006 Street Improvements Resolution 2007-78, approving amendment to Section 3-6 of the Personnel Policy Possible approval of Special Event - Tussie Mussie -Greater Stillwater Chamber - April 14, 2007 Resolution 2007-79, approval of Change Order No. 1 for the Boutwell Road Phase 3 (Project 2000-05B) Resolution 2007-80, approving municipal license for Brown's Creek Watershed District (BCWD) Resolution 2007-81, a resolution approving Washington Park name and approving a license agreement between the Teddy Bear Park Foundation, a Minnesota non-profit corporation and the City of Stillwater related to making certain improvements to Washington Square Resolution 2007-82, approving quote for flooring and asbestos mitigation Resolution 2007-83, ordering improvement and preparation of plans & specifications for the 2007 Street Improvement Project (Project 2007-02) Resolution 2007- 84, approving new wine license with strong beer option and 3.2% Malt Liquor License for the O'Factory, DBA: Shane's on Main Resolution 2007-85, a resolution annexing land to the city of Stillwater pursuant to the joint resolution of the city and town of Stillwater as to Orderly Annexation dated August 16, 1996 Resolution 2007-86, a resolution approving the preliminary plat, comprehensive plan amendment, and variance for an MBM Development project located at 1902 N. William Street and known as Fairway Villas (Case No. 07-02) Resolution 2007-87, approve plans and specifications and ordering advertisement for bids for Phase III Trunk Utilities Neal Avenue Truck Sewer Line Project (Project 2006- 09A) Trunk Watermain Project (Project 2006-09B) Page 21 of 21