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HomeMy WebLinkAbout2012-10-16 CC MINg ater =m� THE 110TH ►LACE Of NIN0Ei1TA CITY COUNCIL MEETING MINUTES October 16, 2012 REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:05 p.m. Present: Councilmembers Menikheim, Cook, Roush, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Community Development Director Tumblad City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of October 2, 2012 regular and recessed meeting minutes. Motion by Councilmember Menikheim, seconded by Councilmember Polehna to approve the October 2, 2012 meeting minutes. All in favor. OPEN FORUM There were no public comments. STAFF REPORTS Fire Chief Glaser reported about 700 people attended Saturday's Fire Prevention Week open house. He also mentioned that the Department assisted Mahtomedi Fire on the night of October 5 at a devastating fire. In addition, the entire County is still under burn restrictions, which means no open flames allowed. Community Development Director Tumblad stated the permit application forms for beekeeping and chicken keeping will be available this week. He requested that the Council adopt a resolution setting fees at $25 plus the cost of mailing notices. Motion by Councilmember Cook, seconded by Councilmember Menikheim to adopt Resolution 2012 -176, approving bee keeping and chicken keeping application fees. Ayes: Councilmembers Menikheim, Cook, Polehna, Mayor Harycki City Council Meeting Nays: Councilmember Roush October 16, 2012 Public Works Director Sanders reported the next aquatic plant management meeting is scheduled for November 1. Notices will be sent to adjacent properties and emails will be sent to Councilmembers. Councilmember Polehna commended the Public Works Department on Millbrook Park. City Administrator Hansen reported he attended an excellent webinar by the League of Minnesota Cities on healthcare reform, which is extremely complex. By 2018, the City's current package will likely be taxable to employees, so he predicts changes in how the City handles healthcare benefits. City Clerk Ward reminded the Council that January 1 is a holiday, so the first meeting of 2013 will be January 8. In January, following election years, the Council has chosen not to have the 4:30 meeting at the first meeting of the year because of the possible change of in Council seats. Additionally, the third Tuesday of the month is January 15 so it would be back to back meetings, so she recommended moving that meeting to January 22. Motion by Councilmember Polehna, seconded by Councilmember Roush, to set the January meetings for 7:00 p.m. only on January 8, and moving the January 15 meeting to January 22 at 7:00 p.m. All in favor. CONSENT AGENDA Resolution 2012 -167, Directing the Payment of Bills Resolution 2012 -168, Appointing election judges and fixing compensation Resolution 2012 -169, Approving Assignment Agreement with the Veterans' Memorial Committee for 2013 Resolution 2012 -170, Approving Change Order #4 Main Street Pedestrian Walkway Site Work Councilmember Menikheim commended the Veterans Memorial Committee on the maintenance of the site and on the improved relations between the Farmers Market and the Veterans Memorial Committee. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Cook, Polehna, Roush, Mayor Harycki Nays: None PUBLIC HEARINGS Case No 2012 -29 A request from City of Stillwater for a variance to the accessory structure regulations (500 square feet allowed 716 square feet requested) the front yard setback (15 ft required 3 ft requested) and to the minimum height of a building (25 ft required, 14 ft requested) and a variance to the St. Croix Riverway for the construction of a restroom facility related to the Downtown Stillwater Pedestrian Walkway Project located at 204 Nelson Street East in the CBD, Central Business District and anv variances related thereto. Page 2 of 7 City Council Meeting October 16, 2012 Community Development Director Turnblad reviewed the request. The bathroom in south Lowell Park is small, hard to maintain, and unwelcoming. The proposal is to replace it with a new bathroom, still attached to the lift station, that is larger and easier to access and maintain. The DNR is satisfied with the proposal with the recommended conditions. Councilmember Cook asked if the project is really necessary considering the cost, since the new bathroom is less than two blocks away. If this bathroom remains, she feels it does need to be redone. Community Development Director replied that the funding has been allocated for downtown restrooms for quite some time. Mayor Harycki added that the new restroom has only four stalls. Councilmember Polehna commented the current bathroom is in very poor shape and he has gotten many complaints about it. Mayor Harycki opened the public hearing at 7:27 p.m. There were no public comments and the public hearing was closed. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2012 -171, Approving variance to the City of Stillwater floodplain overlay district regulations and St. Croix River overlay district regulations, with 13 conditions. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Case No. 2012 -31. A request for a minor Zoning Text Amendment for public above -grade patios and above -grade decks in the City of Stillwater. Community Development Director stated that in response to the Rafters roof top patio SUP request, the City Council at their August 21 st meeting asked that staff draft an amendment to the zoning code that requires special use permits for all roof top patios and above ground patios be reviewed and considered by the City Council. Currently the Planning Commission has the authority to approve SUPs for this type of use. Staff has added a footnote to "Outdoor Eating Establishments" in the commercial use table that states: "SUPs for outdoor eating establishments on a rooftop or on above grade patios may only be issued by the City Council." Mayor Harycki pointed out that the Planning Commission voted the amendment down unanimously. He had understood that as future uses come forward, the Council would look at how the requests were granted. Councilmember Menikheim commented that the Commission interpreted the Council's action as a statement that the Council did not trust the Commission's judgment. He stated the Commission's judgment has been impeccable - they are very good at what they do. This case is different because it had life and death implications and the Council, as elected officials, should make those types of decisions due to the accountability that goes with them. He believes the amendment as stated is too specific and would result in the Council micromanaging the Commission. It should be re- worded in such a way that the Commission is encouraged to forward decisions to the Council which have accountability implications. Mayor Harycki agreed, saying all the Commissions serve the City well and he doesn't want to undercut that. Page 3 of 7 City Council Meeting October 16, 2012 Councilmember Cook stated that other issues that have a big enough potential impact on the community should be brought to the Council. She too does not want the Commissions to think the Council distrusts them. Community Development Director Turnblad stated built into the land use tables is specific mention that if a use is not covered, it is prohibited. New uses are to be brought to the Planning Commission and Council to develop an ordinance amendment. New uses that are "substantially similar" to existing uses typically do not come to the Council. City Administrator Hansen suggested staff rework the amendment and bring it back to the Council. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to table the amendment. All in favor. UNFINISHED BUSINESS Possible approval of Findings of Fact relating to Case No. DEM /2012 -30, for the denial of demolition of a single family home located at 604 Fourth Street South in the RB, Two Family Residential District in compliance with Ordinance No. 1047 of the Stillwater City Code and possible approval of Findings of Fact relating to Case No. DEM /2012 -31, for the denial of demolition of a single family home located at 216 Willard Street in the RB, Two Family Residential District in compliance with Ordinance No. 1047 of the Stillwater CitYCode Community Development Director stated St. Paul Lutheran Church has submitted a letter asking that final action on both demolition permits be tabled until a neighborhood meeting can be held. The church authorized a 60 -day extension for action on the request. The Council will see this again on December 4. Motion by Councilmember Cook, seconded by Councilmember Polehna, to table possible approval of Findings of Fact for Case No. DEM /2012 -30 and Case No. DEM /2012 -31 until December 4. All in favor. NEW BUSINESS Possible approval of Twinkle Parade Special Event City Clerk Ward informed the Council that the Main Street Stillwater Independent Business Alliance (IBA) wants to hold the Twinkle Parade on Saturday, December 1 and has requested permission to have fireworks. The Fire Chief has approved the fireworks if weather permits, at his discretion. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the event. All in favor. Possible approval of first reading of Background Check Ordinance for licensing and employee backgrounds Police Chief Gannaway explained the ordinance brings the City in compliance with the Bureau of Criminal Apprehension Data Privacy laws. Mayor Harycki questioned the inclusion of the statement "unless the City Administrator concludes that a background investigation is not needed." It would be better to be consistent and Page 4 of 7 City Council Meeting October 16, 2012 remove this statement and Police Chief Gannaway indicated that the wording is exactly as provided by the Bureau of Criminal Apprehension. Motion by Councilmember Polehna, seconded by Councilmember Cook, to remove the language "unless the City Administrator concludes that a background investigation is not needed" and approve the first reading of an ordinance relating to criminal background checks for applicants for City employment and City licenses. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Possible appointment of Sean Hade to the Planning Commission Motion by Councilmember Menikheim, seconded by Councilmember Roush, to pass Resolution 2012 -172, Appointing Sean Hade to the Planning Commission. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Possible approval authorizing of feasibility study for 2013 Street Improvements Public Works Director Shawn Sanders reported about 1.5 miles are included. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to pass Resolution 2012 -173, Ordering preparation of report for 2013 street improvements (Project 2013 -02). Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Possible approval of interest rate re -set Tax Increment Revenue Bonds Series 2002 -Curve Crest Villas City Attorney Magnuson explained there was no market for the bonds, so the holders negotiated a resetting of the rate from 7% to 6 %. It is a housekeeping matter. These are conduit housing revenue bonds. Motion by Councilmember Cook, seconded by Councilmember Polehna, to pass Resolution 2012- 174, Resetting the interest rate of two taxable tax increment revenue notes (Curve Crest Villa Limited Partnership Project), Series 2002, in the original aggregate principal amount of $445,000 each. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Possible authorization to mail Notice for Annexation by Ordinance City Attorney Magnuson stated MnDOT requested that the City clean up the boundary which currently includes the intersection of Highway 36 and Greeley Street in Stillwater Township. It is a friendly annexation. It is unclear who owns the property. The ordinance can be enacted annexing the land 90 days after notice. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to approve the mailing of notice for annexation by ordinance. All in favor. Page 5 of 7 City Council Meeting October 16, 2012 Recommendation from Parks & Recreation Commission on Municipal Pool City Administrator Hansen indicated a group of citizens felt the City should explore building a municipal swimming pool. A presentation was made to the Parks Commission on September 24. Debt service on a $7 -12 million structure would be $470,000+ to $800,000. He recommends without reservation that at this point in time, the City cannot afford the project because on top of debt service there would be operating cost. He wishes the group well in their efforts but cannot recommend City involvement. Councilmember Menikheim asked about considering the City -owned property across the river as a beach. City Attorney Magnuson stated the restrictions on the site from the Wisconsin Department of Natural Resources are quite extensive. Councilmember Polehna commented if the swimming pool group can engage other communities' support he might consider the project, but not if it is up to the City of Stillwater. Possible 1 st reading of an ordinance amending Chapter 43 of the City Code "Liquor" City Attorney Magnuson reported that his staff and Police Department staff have concerns about conduct in bars downtown generating an increased number of police calls to certain establishments. Some establishments have had 30 or more calls in one year. An amendment is suggested adding specific language to the ordinance making habitual violators of the conduct standards subject to the City Code. The types of violations found to be unacceptable are listed in the ordinance. If there are more than six separate incidents of any of these things, the owner could be cited for a violation. Motion by Councilmember Roush, seconded by Councilmember Cook, to approve the first reading of an ordinance amending Chapter 43 of the City Code "Liquor ". Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Resolution calling for a Public Hearing on an Enlargement and Modification of Develop District No. 1 and the Modification of Tax Increment Financing District No. 4 City Attorney Magnuson stated that the Council needs to set a hearing because there are funds remaining in the district that could be used at the Council's discretion. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2012 -175, Calling for a public hearing by the City Council on the proposed adoption of a modification to the development program for Development District No. 1 and the proposed modification of the tax increment financing plan District No. 4. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Page 6 of 7 City Council Meeting COUNCIL REQUEST ITEMS Yellow Ribbon Update October 16, 2012 Councilmember Polehna stated that a pheasant hunt will take place on October 21 and that 176 troops have recently returned from Afghanistan and almost $50,000 has been raised to hold the hunt. Movember Councilmember Roush reminded Mayor Harycki of his commitment to the Movember initiative for prostate cancer awareness. He has agreed to shave his mustache and participate in the initiative. Councilmember Roush is also participating, and encouraged the public to go to the Movember web site and participate. G jX110 7�1awilti Motion by Councilmember Polehna, seconded by Councilmember Meni to at 8:17 p.m. All in favor. Ken t4r�cki, Mayor ATTEST: A4 1--? Diane F. Ward, City Clerk Resolution 2012 -167, Directing the Payment of Bills Resolution 2012 -168, Appointing election judges and fixing compensation Resolution 2012 -169, Approving Assignment Agreement with the Veterans' Memorial Committee for 2013 Resolution 2012 -170, Approving Change Order #4 Main Street Pedestrian Walkway Site Work Resolution 2012 -171, Approving variance to the City of Stillwater floodplain overlay district regulations and St. Croix River overlay district regulations Resolution 2012 -172, Appointing Sean Hade to the Planning Commission Resolution 2012 -173, Ordering preparation of report for 2013 street improvements (Project 2013 -02) Resolution 2012 -174, Resetting the interest rate of two taxable tax increment revenue notes (Curve Crest Villa Limited Partnership Project), Series 2002, in the original aggregate principal amount of $445,000 each Resolution 2012 -175, Calling for a public hearing by the City Council on the proposed adoption of a modification to the development program for Development District No. 1 and the proposed modification of the tax increment financing plan District No. 4 Resolution 2012 -176, Approving bee keeping and chicken keeping application fees Page 7 of 7