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HomeMy WebLinkAbout2008-09-16 CC MIN THE I.ITHPLACE Of MINNESO'A CITY COUNCIL MEETING September 16, 2008 REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Public Works Director Sanders Deputy Fire Chief Ballis City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Milbrandt, seconded by Council member Polehna to approve the September 2, 2008, regular and recessed minutes and Special Meeting on September 11,2008, of the Canvas Board. All in favor. OPEN FORUM No public comments. STAFF REPORTS Community Development Director Turnblad said Carl Walker, consultant working with the parking ramp design, has suggested that the public restrooms in the ramp include just one stall in each restroom, rather than multiple stalls. Mr. Turnblad said staff is recommending that the consultant's suggestion be followed. Mayor Harycki noted that the lack of public restrooms in the downtown area is an ongoing issue. Councilmember Nyberg suggested going with one staff initially, with the capability of adding a second stall in the future. Councilmember Polehna suggested the possibility of offering a uni-sex bathroom. There was discussion about offering three uni-sex restrooms; Mr. Turnblad noted the space where the restrooms will be located is rather limited. It was consensus to accept City Council Meeting September 16, 2008 the consultant's suggestion - one stall in each restroom - and stubbing in the plumbing for a possible future stall. Public Works Director Sanders gave an update on the lighting of the tennis courts. He stated that the lights at Lily Lake do operate off a 45-minute timer. He said there was a recent power outage which caused the timer to get out of sync; and the lights are timed to go off at 10 p.m. At Northland, there is no timer, but staff is looking at installing a timer for those courts, as well. The courts at Staples Field did have a timer, but the timer was vandalized and hasn't been repaired. He stated there was an issue with the lights at Meadowlark Park, and staff is looking at installing a timer there later this fall; he stated the timer will be installed high enough that will make it difficult to vandalize. Councilmember Polehna asked about the season for having the lights on. Mr. Sanders said past practice has been to have the lights available April 15 to October 15, but said they could look into having a shorter season. CONSENT AGENDA (Roll Call) Motion by Councilmember Gag, seconded by Councilmember Polehna, moved approval of the Consent Agenda.' Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2008-117, directing payment of bills Possible approval of quotes for Curve Crest Trail Improvements Possible approval of Cable Communications Budgets Fiscal year 2009 Resolution 2008-118, approval of Intergovernmental Agreement (EMAC) Possible approval to purchase two scanners for the Finance Department Resolution 2008-119, approving health and dental insurance premiums and city contribution effective January 1, 2009 Resolution 2008-120, resolution requesting additional time within which to complete Comprehensive Plan "Decennial" Review Obligations Possible approval to purchase I.T.S. Extreme Trainers Package for the Fire Department Resolution 2008-121, approving cooperative agreement for CSAH 15 (Manning Avenue) Resolution 2008-122, approving Minnesota Historical Society Certified Government Grant Agreement PUBLIC HEARINGS Case No. 08-28. This is the date and time for a public hearing to consider a reauest from GreQ Johnson, Select Senior LivinQ, for approval of a senior care livinQ facilitv to Page 2 of 9 City Council Meeting September 16, 2008 be located at 12525 - 75th St. No. The specific reauest is for approval of: 1) a City Code text amendment to allow senior care livinQ facilities by Special Use Permit (SUP) in the Shoreland Overlav District; 2) a SUP for a 1 01-unit senior care living facilitv in the Shoreland Overlav District and the RB, Two Family Residential District; 3) a rezoninQ of the property from AP, Agricultural Preservation to RB, Two Familv Residential; 4) a parking variance; 5) a preliminary plat; and any related variances thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 5, 2008. Community Development Director Turnblad reviewed the proposal and the site. He noted that as part of the project, the developer will be responsible for putting in some utilities and other improvements, which he reviewed. Mr. Turnblad stated that a parking variance will not be needed. Mr. Turnblad also explained that in discussions with the Planning Commission and Joint Board, zoning was an issue. The Planning Commission recommended that the zoning be changed from AP to Lakeshore Residential, rather than RB Two Family Residential, as being more consistent with the property to the south as well as the fact that LR is strictly single-family use. He stated that if the Council agrees with the Planning Commission's recommendation, there will need to be a minor Comprehensive Plan amendment, which is done administratively by the Metropolitan Council, as well as an amendment which allows this use by Special Use Permit in the Shoreland Overlay District and the LR District. Staff is recommending the LR rezoning as recommended by the Planning Commission. Mr. Turnblad said another issue that prompted some discussion was the park a'nd trail dedication, as the current ordinance does not have any specified dedication requirements for senior living facilities. He said the Park Board did not think a senior living facility would have the same impact as a commercial apartment building and has recommended that dedication/fees be reduced based on the type of unit - 0 for memory loss units, 50 percent for trails and 0 fee for parks for assisted living units, 100 percent for trails and 50 percent for parks for independent living units - for a total $26,250 park dedication fee and $23,375 for trail f~e. Mr. Turnblad noted there are 18 conditions of approval. Mayor Harycki opened the public hearing. Don McKenzie, 12620 72nd St. N., said a 3 and one-half story, 101-unit structure, as viewed from the south, is totally new to the area and will change the character of the area, primarily the area to the south where there is no buffer between the different land uses. He said the change in land use as proposed would have a significant negative impact on the previously planned land use for the area - Legacy on the Lake, an upscale residential plan. He said if approved, this plan will substantially reduce, by 40 to 60 percent, the value of his property for single- family residential development and the Council will be establishing a precedent and setting future direction for similar high-density development on the abutting properties to the south. There was some discussion as to the status of the Legacy on Long Lake project. Page 3 of 9 City Council Meeting September 16, 2008 Lenard Huebscher, 12525 75th St. N., stated in no way would they want to degrade or devalue Mr. McKenzie's property. He stated that the proposal would improve the value of Mr. McKenzie's property by bringing a road to it, bringing public water and sewer to the property, and building a berm to protect his view. Greg Johnson, Select Senior Living, offered to answer any questions the Council might have. Councilmember Gag asked if there had been any neighborhood meeting. Mr. Johnson said prior to the Planning Commission meeting, a letter had been sent to surrounding properties, basically the same area as noticed by the City, with a meeting held at Pastor Huebscher's Church that was attended by 6-8 people. Mr. Johnson said he thought they had addressed the issues that came up at that meeting. Councilmember Polehna asked about tree cutting, saying he had heard there was concern with folks in the Liberty development about losing their buffer; he asked for a clarification about any tree cutting plans as well as plans for plantings/screening of the building. Mr. Johnson reviewed the site and plans to buffer the view from Mr. McKenzie's property with a four-foot high berm with plantings, 8-10 foot trees; he noted the rest of the building is totally buffered by existing trees. Mr. Johnson also stated they have talked with the District 834 School Board and have received permission to bring the sewer line through the Rutherford ball field so as not to disturb existing trees. Councilmember Polehna suggested doing some computer-generated views to give property owners an assurance that their views will be protected. Kim Gaultieri, 3171 Summer Fields Green, expressed a concern about possible impact on existing mature trees that are about 30 feet away from the property, saying an arborist has said in order to protect the trees there ,cannot be any digging beneath the tree canopy. She questioned how the developer could bring the sewer line in without creating a problem with the trees and she didn't know if the School Board was aware of the potential damage to the trees, mature oaks. Public Works Director Sanders explained the location of the sewer stub that is located in the Liberty development to accommodate future development of this property. Tim Freeman, Folz, Freeman, Erickson, land planners/civil erlgineers for the project, said they are confident they will be able to get into the sewer manhole without any damage to the trees. He explained that it is not their intention to run the sewer up the property line, rather the plan is to take the sewer line along the edge of the ball field. He said preserving the trees is as important to this development as to any of the other residents of the City. If there is no other alternative, they can directional drill, a process that involves no surface drilling. He also pointed out that the vast majority of the trees that provide the existing buffer are not even on their property, so they have neither the right nor the opportunity to take those trees down as part of the development. Mayor Harycki asked if the City Forester had reviewed the plans. Mr. Turnblad responded in the affirmative, saying the Forester is satisfied that the maximum number of trees will Page 4 of 9 City Council Meeting September 16, 2008 be protected; however, a tree replacement plan has not been submitted at this time, but will be submitted with the final plat application. No other comments were received, and the public hearing was closed. Mayor Harycki asked about setting a precedent and whether there is any protection should the property owners to the south wish to pursue similar developments. Mr. Turnblad said if the ordinance is changed to allow senior living facilities by Special Use Permit in that zoning district, any property owne( can make that same application and go through the same review process. Councilmember Milbrandt explained that the reason the Planning Commission recommended the LR zoning is that there are very few such zoned properties in the City that would be impacted. Councilmember Nyberg spoke of the difference between this parcel and the properties to the south, noting that this parcel is located on a main arterial road, while the other parcels are basically right on lakeshore or preserved DNR land and Long Lake. Mayor Harycki reiterated his concern that allowing the use on one of the parcels is giving the presumption of the use being allowed on the other two parcels. Councilmember Milbrandt pointed out that this action does not involve rezoning of the other two properties, those will remain AP. City Attorney Magnuson pointed out the approvals requested make senior living facilities a permitted use by Special Use Permit anywhere in the Lakeshore Residential District, so when the other two properties are rezoned, as they will have to be at some point, the logical rezoning will be LR. Mr. Turnblad suggested rezoning to something other than LR to mitigate the Mayor's concern, which would preclude senior living use on the properties to the south. Councilmember Milbrandt reviewed the Planning Commission's reasoning for not recommending rezoning to RB. City Attorney Magnuson suggested language: in parcels located only partly within the Shoreland District, senior living facilities would be permitted by Special Use Permit. Mr. Magnuson noted that language would preclude the use in the two parcels to the south, and allow the use on this parcel which is located only partially in the Shoreland Overlay District. In discussion, it was noted that this would not impact the opportunities for single-family development on the properties to the south. Councilmember Gag asked if the County had reviewed the plans, specifically regarding the proposed intersection/extension of Minar and traffic. Public Works Director Sanders said the County would likely readdress the intersection when there is additional development to the south. Mr. Turnblad said the County looked at the plans and that the alignment at Minar and is of the opinion this development will not generate the traffic necessary to do improvements to County Road 12 itself; and it was the County's suggestion to'do a pro rata share that would be escrowed for future improvements To County Road 12, such a turn lane or by-pass lane. Councilmember Polehna asked that there be an added condition regarding protection of trees. Mr. Turnblad said there could be a condition that a detailed tree impact/protection plan be submitted with the final plat application. Page 5 of 9 City Council Meeting September 16, 2008 Councilmember Gag suggested adding a condition specifying the size of the trees for the landscaping berm. It was agreed to add language regarding the tree impact/protection to condition NO.8. Mayor Harycki asked about the trail the developer would be constructing and suggested a condition regarding trail standards; Councilmember Polehna suggested having acceptance by City engineering staff. Mr. Turnblad stated that according to the development agreement, they are required to build trails/streets according to the City's specifications and City staff inspects the work as it is being done. Mayor Harycki asked about protection from roof top units - view, sound; Mr. Turnblad said that the City could require that roof top/mechanicals information be brought back with the final plat applications. Mayor Harycki stated he was not comfortable with the proposed park/trail fees. Mr. Turnblad explained that the Par~ Board's concerns was that there needs to be a direct connection between the impact expected upon the system and the fee that is charged, and the Park Board did not believe that folks who don't leave the building will have a direct impact on the system; he pointed out that the dilemma was there is no specific line item in the ordinance spelling out a fee for senior living facilities. Mayor Harycki said he would like to see information regarding the fees for other uses, such as office use. It was agreed to bring the park/trail fees back for discussion with the final plat applications. Don McKenzie asked for a clarification on City Attorney Magnuson's suggested language that would preclude the same use for his property due to the Council's concern about the potential for the same use next to the Liberty development. He noted his lot is not located near the Liberty development, and is in fact farther away from Liberty that the Huebscher property. He said he was concerned that he has to be subjected to something that his neighbor mayor may not ever do. City Attorney Magnuson explained that he wanted to be sure-that the Council did not unwittingly create a presumption that if the other two property owners wanted to do the same thing, they could; the only thing this language does is say that this use is OK for the parcel in question, but there is no presumption for the other properties - the properties entirely within the Shoreland Overlay District are not entitled to the presumption that a senior living facility would be approved, but would have to be considered separately should an application be made. City Attorney Magnuson suggested adding a new section 2 to the draft ordinance changing the section 2 to 3 and 3 to 4. The new section 2, as suggested, would say: If the City Code be amended to provide that senior living facilities are a permitted Special Use on parcels only partly within the Lakeshore, 1,000-foot setback boundary... Mr. Magnuson noted the language could be tweaked before the second reading. Mr. Turnblad suggested adding a condition No. 19 that information regarding mechanical roof top units shall be submitted with the final plat application. Motion by Councilmember Gag, seconded by Councilmember Milbrandt approving the first reading of an ordinance amending the Stillwater City Code, Chapter 31, Entitled Page 6 of 9 City Council Meeting September 16, 2008 Zoninq Ordinance by adding "Senior Care Living Facility" in the Shore Land Management Overlay District as a Specially Permitted Use" and Resolution 2008-123, a resolution approving the preliminary plat for the Senior Ling of Stillwater, Case No. 08- 28 and Resolution 2008-124, a resolution approving a special use permit for Select Senior Living at 12525 75th Street Case No. 08-28, with revisions. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None UNFINISHED BUSINESS Possible approval of second readinq of Ordinance 997, An Ordinance Amendinq The Stillwater City Code Chapter 31, Entitled Zoninq Ordinance Bv Addinq "Amusement & Recreational Establishments" In The Bp-O, Business Park-Office Zoninq District As A Speciallv Permitted Use Community Development Director Turnblad said there is just one change in the second reading. He said City Attorney Magnuson has recommended that the requirement to have at least one employee or supervisory volunteer over the age of 21 ... be changed to simply state one adult employee or supervisory volunteer, without specifying the age. Motion by Councilmember Polehna, seconded by Councilmember Nyberg, to adopt Ordinance 997, An Ordinance Amending the Stillwater City Code Chapter 31, Entitled Zoning Ordinance by Adding "Amusement & Recreational Establishments" In the BP-O, Business Park-Office Zoning District as a Specially Permitted Use. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None NEW BUSINESS Discussion on reauest for Mn/DOT to conduct speed study on City streets Public Works Director Sanders said he has learned since the last Council meeting that there is no cost to the City associated with any speed studies. He also stated that MnDOT has indicated it would prefer to do speed studies on through streets and collector streets. He said if the City does request a speed study of a number of streets, a representative of MnDOT will come out and look at the streets to determine if it is appropriate to conduct the requested study. Mayor Harycki suggested waiting until staff attends an upcoming neighborhood traffic calming conference before making the request for a speed study of almost every street in the City. Councilmember Milbrandt pointed out that MnDOT will come out and determine which of the streets would be appropriate to study. It was noted that MnDOT considers a number of factors when doing a speed study. Councilmember Gag spoke in favor of pursuing the request and finding out what Page 7 of 9 City Council Meeting September 16, 2008 streets MnDOT would recommend be included. Councilmember Polehna also spoke in favor of pursing the request. Motion by Councilmember Gag, seconded by Councilmember Milbrandt to adopt Resolution 2008-125, resolution approving request for Mn/DOT to commission a speed study on Stillwater City Streets. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Polehna told the Council there had been a meeting with some of the Manning Avenue businesses. He stated difficulty in gettin'g stop light poles is holding up some of the work and the business owners want to get the road open as fast as possible and use stop signs until the stop lights are operational. Mayor Harycki asked about power lines in the median; Mr. Sanders said he would check with Washington County. Mayor Harycki said the City receives many calls about recycling and the fact there are no recycling containers in City parks. He stated the City is recycling, utilizing single-source recycling, and there has been some discussion about possibly placing a sticker on the trash cans to let the public know that the City is, in fact, recycling the waste. Mr. Sanders said he had written several paragraphs that will appear in the next City newsletter and will be placing stickers on the trash receptacles. ADJOURNMENT Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adjourn at 8:44 p.m. All in favor. ATTEST: ~J,/CkcL Diane F. Ward, City Clerk Page 8 of 9 City Council Meeting September 16, 2008 Resolution 2008-117, directing payment of bills Possible approval of quotes for Curve Crest Traillmprovemehts Possible approval of Cable Communications Budgets Fiscal Year 2009 Resolution 2008-118, approval of Intergovernmental Agreement (EMAC) Possible approval to purchase two scanners for the Finance Department Resolution 2008-119, approving health and dental insurance premiums and city contribution effective January 1, 2009 Resolution 2008-120, resolution requesting additional time "Yithin which to complete Comprehensive Plan "Decennial" Review Obligations Possible approval to purchase I.T.S. Extreme Trainers Package for the Fire Department Resolution 2008-121, approving cooperative agreement for CSAH 15 (Manning Avenue) Resolution 2008-122, approving Minnesota Historical Society Certified Government Grant Agreement Resolution 2008-123, a resolution approving the preliminary. plat for the Senior Ling of Stillwater, Case No. 08-28 Resolution 2008-124, a resolution approving a special use permit for Select Senior Living at 12525 75th Street Case No. 08-28 Resolution 2008-125, resolution approving request for MnDOT to commission a speed study on Stillwater City Streets. Ordinance 997, An Ordinance Amending the Stillwater City Code Chapter 31, Entitled Zoning Ordinance by Adding "Amusement & Recreational Establishments" In the BP-O, Business Park-Office Zoning District as a Specially Permitted Use Page 9 of 9