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Home My WebLink About2013-01-22 CC MINha1er THE NIIITNPLACE Of MINNESOTA CITY COUNCIL MEETING MINUTES January 22, 2013 REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:03 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Community Development Director Turnblad Finance Director Harrison City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. OPEN FORUM Washington County Commissioner Gary Kriesel commented on the minimum assessment agreement that the City entered into with the developer of Terra Springs. In 2009 the property values dipped below the minimum tax assessment per the agreement and the County didn't catch it. The County is prepared to waive those tax increases for 2009, 2010 and 2011 and will reimburse the City the loss of that revenue. The County will meet with Terra Springs residents to discuss the issue with the County tax assessor. APPROVAL OF MINUTES Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to approve the January 8, 2013 regular meeting minutes. All in favor. OPEN FORUM (continued) Tom Lindeen, 620 Main Street North, unofficially representing some of the Terra Springs residents, stated that residents have already received a lot of help after receiving a letter from the County about 10 days ago informing them of a 25% increase in their property values effective immediately and about a 25% increase in property taxes. He thanked City and County staff and representatives for their responses, and reviewed a handout he provided. He asked: 1) Does the City or County have the authority to dramatically increase property taxes without a public hearing? 2) What happened with the City's consideration of retiring the taxable TIF bonds in 2011 and replacing them with tax -free municipal bonds - where has this process gone or why City Council Meeting January 22, 2013 did it stop? 3) Can the City let go of the current bonds which they understand were let at a 6.5% interest rate and replace them with new bonds at the current rate which is approximately half of that? 4) Why were the minimum assessment agreements not applied to either the Lofts or Stillwater Mills, and why was Terra Springs singled out? 5) Now that the minimum assessment agreements have been publicly disclosed, residents are concerned that this would have a deleterious effect on the marketability of the condominiums. Mayor Harycki responded that City Attorney Magnuson and City staff will review the points and participate in the meeting. STAFF REPORTS Fire Chief Glaser reported that last week Stillwater fire crews assisted with a house fire in Mahtomedi. Four new paid on -call firefighters passed their 12 month probation. He reminded citizens about winter safety especially the importance of having a three -foot clearance around supplemental heaters and venting of gas heaters, testing fire and smoke alarms, and having a fire and escape plan. He also reminded the Council that the infamous Brines fire in which two Mahtomedi firefighters lost their lives occurred 31 years ago today. Community Development Director Turnblad informed the Council that the event survey has had over 50% response. Readex will keep the survey period open until Friday. Results will be brought to the Council at the second meeting in February. CONSENT AGENDA Resolution 2013 -009, directing payment of bills Possible approval to purchase hydraulic rescue tools and hand tools — Fire Department Possible approval of Pay Equity Report Resolution 2013 -010, approving Washington County All Hazard Mitigation Plan Possible approval of Planning staff Possible approval of Temporary Liquor License — May 19, 2013 — Church of St. Michael Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None PUBLIC HEARINGS Case No. 2013 -01. A public hearing to consider a request from Mark Balay, Lowell Inn, and City of Stillwater for preliminary and final plat approval for the SPGLI Plat located at 200 North Second Street, 102 North Second Street and 110 Myrtle Street East. Community Development Director Turnblad reviewed the request. SPGLI stands for Stillwater Parking Garage Lowell Inn. In order to simplify property ownership issues as well as straighten out some title and encroachment problems, the City is re- platting the property associated with the parking ramp project. City Code does not require a public hearing for this application for several reasons, however to err on the side of caution, a hearing is being held. The Planning Commission recommended approval. Page 2 of 5 City Council Meeting January 22, 2013 Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to adopt Resolution 2013 -011, approving the plat known as SPGLI Addition. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None Case No. 2012 -31. A continued public hearing to consider a request for a minor Zoning Text Amendment for Special Use Permit (SUP) review in the City of Stillwater. (Continued at the October 16 and December 4, 2012 meeting). Community Development Director Turnblad reviewed the proposed ordinance. In response to the Rafters roof top patio SUP request, the Council asked at its August 21st meeting that staff draft an amendment to the zoning code that requires certain special use permits to be reviewed and approved by the Council. Currently the Planning Commission has the authority to approve most SUPs. On October 16th the Council heard the first reading of the proposed ordinance amendment and requested that the language be altered, specifically to make the ordinance apply to SUPs in general (not specific to roof top patios), and that the Planning Commission would continue to review and issue most Special Use Permits except when accountability or unusual public safety concerns arose. On January 14th, the Planning Commission unanimously recommended approval of the revised draft of the ordinance. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the first reading of an ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance, by providing for referral of some Special Use Permits to the City Council. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None UNFINISHED BUSINESS Possible approval of second reading for Ordinance 1057, ordinance relating to criminal history background for applicants for City Employment and City License. City Attorney Magnuson pointed out one change: the BCA would like the reference to liquor licenses deleted because they are covered by statute. Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to adopt Ordinance No. 1057, ordinance relating to criminal history background for applicants for City Employment and City License. Ayes: Nays: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki None NEW BUSINESS Possible approval of 2013 Fees for services /publications and Administrative Citations Fine Schedule Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to adopt Resolution 2013 -012, setting fees for services /publications and administrative citations fine schedule. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None Page 3 of 5 City Council Meeting January 22, 2013 Possible approval of Joint Cable Commission appointment City Clerk Ward stated an application has been received from Jim Roush to be appointed alternate on the Joint Cable Commission with term expiring January 1, 2015. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2013 -013, appointing Jim Roush to Joint Cable Commission. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None Possible approval to order preparation of feasibility report for 2013 County Road Improvement Project 2013 -04 Public Works Director Sanders informed the Council that Washington County is planning improvements on two County roads in the City this year: Orleans Street from South Fourth Street to Fourth Avenue South, and 62nd Street from Osgood Avenue to Panama Avenue. New pavement, curbs and sidewalks will be installed. The County will pay for a majority of the project and a portion will be charged to the City. It is recommended that these costs be assessed to affected property owners following the 429 process, including completing a feasibility study. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2013 -014, ordering preparation of feasibility report for 2013 County Road Improvement Project 2013 -04. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None COMMUNICATIONS /REQUESTS Mayor Harycki welcomed the Boy Scouts in the audience who are working on their citizenship merit badges. COUNCIL REQUEST ITEMS Stillwater Area Hospitality Association Councilmember Menikheim commended the Stillwater Area Hospitality Association for its efforts including a great training session last Saturday at Acapulco. Yellow Ribbon Update Councilmember Polehna noted that on Saturday night he will present at the Last Man's Club at the VFW. ADJOURNMENT TO EXECUTIVE SESSION - LABOR NEGOTIATIONS Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to ad meeting at 7:36 p.m. to an executive session on labor negotiations. All in favor. Page 4 of 5 rycki, Mayor rn the City Council Meeting January 22, 2013 ATTEST: Diane F. Ward, City Clerk Resolution 2013 -009, directing payment of bills Resolution 2013 -010, approving Washington County All Hazard Mitigation Plan. Resolution 2013 -011, approving the plat known as SPGLI Addition. Resolution 2013 -012, setting fees for services /publications and administrative citations fine schedule. Resolution 2013 -013, appointing Jim Roush to Joint Cable Commission. Resolution 2013 -014, ordering preparation of feasibility report for 2013 County Road Improvement Project 2013 -04. Ordinance No. 1057, ordinance relating to criminal history background for applicants for City Employment and City License. Page 5 of 5