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HomeMy WebLinkAbout2013-09-03 CC MIN i 'water THE IINTNâ–șLACE Of MINNESOTA CITY COUNCIL REGULAR AND RECESSED MEETING MINUTES September 3,2013 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:37 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Finance Director Harrison Community Development Director Turnblad City Clerk Ward OTHER BUSINESS MnDOT Update - St. Croix River Crossing Project MnDOT Project Manager Jon Chiglo updated the Council on the project. Construction of the westbound entrance ramp and eastbound exit ramp and new eastbound lanes should be completed in the next month and a half, as will Highway 95 construction. All five bridge piers are under construction in the river. Letting of the bids for the $280-$310 million contract for the superstructure and approach spans is anticipated to be November 1 with construction beginning in December and all work completed in the fall of 2016. For water quality, the project will meet or reduce existing runoff rates, will reduce total phosphorus about 40%, and will have multiple infiltration basins reducing runoff into the river even further. He showed drainage areas on a map and reviewed pond construction staging. Sediment is being contained on site by berms and treated. The barges in the river have containment areas for runoff of construction material and sediment to protect the river. MnDOT is trying to leave the river as is or better in terms of water quality. Boat traffic has been very respectful of the request for no wake. Minnesota OSHA has been touring the project area weekly and there have been no accidents. Weekly OSHA inspections have only been part of one other project(35W project). Councilmember Polehna complimented Chiglo and staff on the level of information they are providing to the public about the project. City Council Meeting September 3, 2013 Mr. Chiglo invited the public to stop by and ask questions at their office on Greeley Street during normal business hours or Tuesday evenings into the fall. Joint Meeting with Brown's Creek Watershed District BCWD President Craig Leiser called the special meeting of the Brown's Creek Watershed District to order. Present: Managers Leiser, Pundsack, Johnson, Schwarze Absent: Manager Taillon Staff Present: Administrator Kill Engineer Correll Manager Leiser discussed the Trout Stream Mitigation Project for Brown's Creek. The TSMP Cooperative Agreement was reached in January 2004, exempting development within the diversion area from the District's 2000 volume control standards because that volume of water would be diverted from Brown's Creek. After 2004, the Minnesota Pollution Control Agency designated Brown's Creek as an impaired water body due to sediment and high temperature. In response, the District developed a TDML Implementation Plan for Brown's Creek. The plan shows the need for additional volume control to reduce warm surface waters from getting into the creek and increase cool base flows. The BCWD changed the volume control standard in May 2007. Although the agreement allows BCWD to apply the more restrictive standard to development, it requires that the District first consult and seek agreement from the municipalities. BCWD is proposing to increase performance standards to those adopted by the watershed district in May 2007, requiring projects within the agreement area to meet the difference between the District's 2000 volume rules and the current 2007 volume rules. Ms. Correll reviewed the terms of the TSMP Agreement which exempts any development in the contributing drainage area to the diversion structure from rule 2.4.1B, the volume control standard. That volume control standard was that any development in the drainage area had to match volume coming off their site to pre-development conditions for the 1.5 year storm event. They also were allowed to have 5% of the site be impervious. In 2007 the BCWD changed this standard - instead of meeting pre-development conditions, now they have to meet pre-settlement conditions. There is no longer an impervious allowance. Rainfall events up to a two year event must be contained within the site. In addition, any development contributing to a landlocked basin must provide additional volume control up to a five year event. This minimizes flooding and reduces the need for outlets to be installed in the basins. She presented scenarios of impacts to developers and of impacts to the water resources. Ms. Correll went on to explain infiltration rates over the course of a year under the new standard, applying it to all the potentially developable areas in Stillwater that would drain to the diversion structure. When fully developed, a total of 290 acre-feet of water would be infiltrated in an average year, 129 acre- feet of water being routed to Brown's Creek as base flow, about 5,000 pounds of total solids reduction and 100 pounds of total phosphorus reduction to Lake McKusick in one year under fully developed conditions. Requiring developers to meet this volumetric difference won't be a burden. Permeable pavers, rain gardens, and different green techniques may be used. Page 2 of 10 City Council Meeting September 3, 2013 President Leiser requested that the Stillwater City Council consider this change to the volume control standard by the end of the 2013 construction season. President Leiser also asked to be involved whenever Neal Avenue reconstruction is done. This area drains directly to Brown's Creek. The District may be able to assist with designing and grant opportunities to go beyond the stormwater management requirements to improve Brown's Creek. Another area of future cooperation may be to work with the City to evaluate the existing street sweeping program and determine if there are any opportunities to improve equipment or procedures to more effectively remove nutrients and sediment from getting into the water resources. He also noted that the District's projects associated with the Brown's Creek State Trail are progressing. Soil samples along the rail corridor have shown some elevated levels of arsenic, selenium and PAH's. The District is working together with the MN DNR to develop a better understanding of the extent and determine proper disposal techniques for any excavated soils. ADJOURNMENT Mayor Harycki recessed the City Council meeting at 6:01 p.m. RECESSED 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 Absent: None Staff present: City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Finance Director Harrison Community Development Director Turnblad City Administrator Hansen City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. STAFF REPORTS Police Chief Gannaway reported that construction in the area of 62nd Street and Osgood coincided with the first day of school at Oak Park Elementary, necessitating traffic control. Community Development Director Turnblad informed the Council there have been 17 inquiries on the request for proposals for a summer festival. The submission deadline is September 25 and finalists will be reviewed in October. Page 3of10 City Council Meeting September 3, 2013 APPROVAL OF MINUTES Possible approval of August 20, 2013 regular meeting minutes Motion by Councilmember Polehna, seconded by Councilmember Weidner, to approve the August 20, 2013 regular meeting minutes. All in favor. OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2013-140, directing payment of bills Resolution 2013-141, adopting Findings of Fact for denial of a design permit for the Water Street Inn Resolution 2013-142, appointing election judges and fixing compensation for School District Election Possible approval to purchase fencing - Recreation Center Possible approval of utility bill adjustments Possible approval of temporary liquor license - St. Croix Catholic Faith Foundation Councilmember Menikheim asked to pull Resolution 2013-141, adopting Findings of Fact for denial of a design permit for the Water Street Inn. Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to adopt the Consent Agenda as amended. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None Councilmember Menikheim noted he would not vote to deny the design permit for the Water Street Inn because he feels the recommendation to deny is based on an un-enforced, ill-advised special use permit from 1994. He felt that the denial would not alleviate the problem of trash receptacles downtown. He could vote for it if the Council directs City staff to enforce the ordinance for trash enclosure that is in place. Councilmember Kozlowski agreed with Councilmember Menikheim that garbage disposal is a problem downtown, but this was a business owner who wanted to enclose unsightly trash. Reasonable enforcement is needed. He would like staff to work with problem areas downtown. Mayor Harycki reminded the Council that a dumpster enclosure project on Water Street was undertaken about ten years ago. Footings were placed but it was never constructed because business owners feared it would disrupt their views. Community Development Director Turnblad remarked that enforcement is done on a case by case basis. The Water Street enclosure project is being considered once again and will be located about 30 feet to the north. The next step for the Water Street Inn is to continue working with the City to find a solution to bring back to the Council. He will keep the Council informed. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2013-141, adopting Findings of Fact for denial of a design permit for the Water Street Inn. Page 4 of 10 City Council Meeting September 3, 2013 Ayes: Councilmembers Menikheim, Kozlowski, Polehna, Weidner, and Mayor Harycki Nays: None Councilmember Menikheim noted he voted for the Resolution because a long range plan is in place. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Request by Corey Burstad on behalf of Stillwater Caves, LLC for TIF assistance to redevelop Joseph Wolf Block at and around 402 South Main Street Community Development Director Turnblad reviewed the request. Stillwater Caves, LLC has submitted an application for $1.15 million in TIF assistance to redevelop the historic Joseph Wolf Block into a 37 room boutique hotel, a 60 to 80 seat restaurant, and up to 4,000 square feet of retail space. There would be no bond sale needed; the City would advance funding and then repay it by creating another TIF district and then capturing the TIF over a number of years. Tonight, conceptual approval of TIF assistance is being requested. The project will be brought back with more details and a developer's agreement at the second meeting in October. This project meets many of the main objectives of the City's TIF policy by stabilizing the local tax base and preserving historically significant structures. A market analysis is being done. Staff recommends concept approval and direction to initiate the TIF district. Mayor Harycki expressed concern that there are no documents such as a pro-forma before the Council for this preliminary request. He believes this project is moving too fast with too little detail. City Administrator Hansen reminded the Council that the City initiated a $5,000 fee for a TIF application which covers much of the City costs. City Attorney Magnuson added that setting up a TIF district would cost around $7,500. The repayment of those upfront costs would be payable from the increment that would be generated by the district from this and any other projects in the district. Community Development Director Turnblad noted the City has received a preliminary pro- forma for the project. City Administrator Hansen stated he is not ready to recommend approval of the project until he has more information such as proof of other financing. However the establishment of the TIF district is fairly important to the project and it takes a while, 30 days minimum. Creation of the district would allow the City to spend money for other eligible projects that have not yet been brought forward. He does not believe that creating a TIF district will do any harm. Councilmember Weidner responded that he is not comfortable granting TIF assistance or conceptual approval to this project yet, but understands the need to create a TIF district. Councilmember Polehna stated he would like to see more documentation on the project and the benefits of creating a TIF district. Councilmember Menikheim commented he understands the need to get started on creating a TIF district but also is uncomfortable giving conceptual approval to the project at this point. Page 5 of 10 City Council Meeting September 3, 2013 Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt Resolution 2013-143,resolution approving creation of Tax Increment Financing District No. 11. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None Continuation of Council deliberations on awarding the contract for a self-guided residential video podcast tour Community Development Director Turnblad recapped that at the last meeting, the motion to approve the contract with Don Empson failed on a tied vote. The Council must reconsider this item in order to proceed with the project in accordance with the timeline associated with the Certified Local Government Grant. The Hoisington proposal would cost $10,950 plus brochure printing while the Empson proposal would cost$13,000 plus brochure printing. Mayor Harycki commented that it is hard to ignore the low bid with both consultants being of similar quality. Councilmember Menikheim reviewed the discussion that took place at the Heritage Preservation Commission. Councilmember Kozlowski stated he would prefer the two consultants work together but considering the fact that the expert in Stillwater history (Empson) is willing to do the project, he favors the Empson proposal. Councilmember Weidner remarked he would like to see some continuity in the production and he is not as interested in the architectural design of the homes as he is interested in the story of the town. Councilmember Polehna stated he too prefers the historic approach versus the architecture. Motion by Mayor Harycki, seconded by Councilmember Weidner, to adopt Resolution 2013-144, approval of agreement with Hoisington Preservation Consultants. Ayes: Councilmembers Weidner, Polehna, and Mayor Harycki Nays: Councilmembers Kozlowski and Menikheim Possible approval of a subscription to CoStar Databases for economic development support Community Development Director Turnblad explained that the Greater Stillwater Area Chamber of Commerce has recommended through its Downtown Revitalization Committee that a number of retail sector studies be undertaken. Two of the recommended studies are a Downtown Commercial Survey and a Downtown Real Estate Valuation Survey. In order to keep them useful, the data surveyed in each study would need to be continuously updated. This could be done by subscribing to an outside service which could provide the City with current data that remains useful for economic development purposes. The cost to subscribe would be $315 per month plus a one-time $285 setup fee. City staff recommends approval of the subscription for a year. Motion by Councilmember Weidner, seconded by Kozlowski, to approve the subscription to the CoStar Databases. All in favor. Page 6 of 10 City Council Meeting September 3, 2013 NEW BUSINESS Possible approval of quote for concrete amphitheater in Lowell Park Public Works Director Sanders reported that with the completion of the Army Corps work and the grading of the amphitheater in Lowell Park, some work in the park can now proceed. Staff is proposing that the concrete flatwork in the area around the new amphitheater be completed at this time, and has received a quote from Curb Masters Inc. Staff recommends that council approve the amount of$42,138.50 for Curb Masters Inc. to construct the concrete flat work in Lowell Park and the Pedestrian Plaza. Councilmember Polehna asked if construction of the stage could be delayed so power can be included. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve Curb Masters Inc. to do the concrete flatwork in the amphitheater area but hold off on the stage, bidding it as an alternate. All in favor. Request by Kaytee Nesvacil for a permit to keep chickens at 42 South Owens Street Community Development Director Turnblad explained that Kaytee Nesvacil has submitted a chicken keeping permit application for five chickens. While the application meets the requirements of City code, six neighbors objected to it. Therefore, it was placed on the Council agenda for review and action. Councilmember Menikheim stated he does not feel the Council should adjudicate problems between neighbors. Councilmember Polehna commented he feels chickens are farm animals and do not belong within the City. Mayor Harycki stated the Council should defer to the neighbors. Councilmember Kozlowski argued that if the application meets requirements it should be granted. Kaytee Nesvacil, applicant, informed the Council she had the chickens for quite some time without being aware of the ordinance, without her neighbors noticing them. Motion by Councilmember Menikheim, seconded by Mayor Harycki, to deny the permit to keep chickens at 42 South Owens Street without prejudice, allowing for reapplication within a year if the applicant is able to obtain the approval of neighbors. Ayes: Councilmembers Menikheim, Polehna, Weidner, and Mayor Harycki Nays: Councilmember Kozlowski Request by John Kerschbaum to approve a private dock on the east end of Nelson Street for a pedal boat rental business Community Development Director Turnblad explained that John Kerschbaum of Gondola Romantica would like to install a private dock and operate a pedal boat rental business on publicly owned shoreline along the St. Croix River in Downtown Stillwater. Mr. Kerschbaum's preferred location for the business's 25 foot long dock would be at the end of Nelson Street next to the Dock Café. His second choice would be in North Lowell Park between Mulberry Point and the Myrtle Street pavilion. All sales would occur on the dock. The City Charter discourages Page 7 of 10 City Council Meeting September 3, 2013 private and commercial uses of publicly owned riverfront. He outlined the process for approval, should the Council vote in favor. Mayor Harycki remarked that he likes the idea of providing more ways for the public to enjoy the river. John Kerschbaum, applicant, reviewed the two options he proposed for location of the dock. City Attorney Magnuson noted that if a dock extends more than 12 feet from the shore it requires a DNR permit. Mr. Kerschbaum replied that he talked with Molly Shodeen of the DNR who did not object since it will be non-motorized watercraft. Councilmember Kozlowski stated if the City approves this permit, will it lead to more individual requests. He is in favor of the concept but feels perhaps it should be a City project to consider how to accommodate such uses overall, and increase transient docking facilities available to this and other groups. Councilmember Menikheim suggested that Mr. Kerschbaum connect with the Downtown Revitalization Committee for input. Councilmember Weidner commented that he is not comfortable giving up part of the waterfront to a private business. He believes the City Charter is clear in not recommending private use of public land. He likes the proposal if it is able to be located on private land. Councilmember Polehna reminded the Council that the Parks Commission has been asked to review waterfront uses. He feels that approving the request would be putting the cart before the horse until the Parks Commission considers the larger issue of riverfront use. Mayor Harycki stated he understands why the applicant would like to be in the proposed location because it is a hub of activity. He would like to look at getting more transient dockage and would like the Parks Commission to review this proposal. Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to deny the request. All in favor. Possible adoption of resolutions a) adopting the proposed tax levy for the payable year 2014 b) adopting the proposed budget for the year 2014 c) setting payable 2014 Truth-in-Taxation Public Hearing dates Finance Director Harrison noted that the August 27 budget workshop resulted in additions and subtractions, along with information received regarding employment contracts. This budget includes a 2.099% increase in the total levy. There still is a decrease in residents' property taxes by an average of 7%. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2013-145, adopting the proposed tax levy for the payable year 2014. Ayes: Councilmembers Menikheim, Kozlowski, Polehna, Weidner, and Mayor Harycki Nays: None Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to adopt Resolution 2013-146, adopting the proposed budget for the year 2014. Page 8of10 City Council Meeting September 3, 2013 Ayes: Councilmembers Menikheim, Kozlowski, Polehna, Weidner, and Mayor Harycki Nays: None Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2013-147, setting payable 2014 truth-in-taxation public hearing dates. All in favor. Possible approval of resolution declaring costs and preparing assessment roll and resolution calling for assessment hearing for 2013 street improvements (Project 2013-02) Public Works Director Sanders explained that the contractor has completed the majority of the reconstruction work on Pine Street and has begun work on Churchill Street. The project is scheduled to be completed by the end of September. Project costs are in line with the feasibility study and assessed costs remain unchanged from the feasibility report. The assessment roll needs to be prepared and a hearing held. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2013-148, resolution declaring cost to be assessed and ordering preparation of proposed assessment for 2013 Street Improvement Project(Project 2013-02). Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna and Mayor Harycki Nays: None Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt Resolution 2013-149, resolution calling for hearing on proposed assessment for 2013 Street Improvement Project(Project 2013-02), L.I. #398. Ayes: Councilmembers Menikheim, Polehna, Kozlowski, Weidner, and Mayor Harycki Nays: None Possible a. royal of resolution declarin' costs and ere.arin. assessment roll and resolution canine for assessment hearing for County street improvements (Project 2013-04) Public Works Director Sanders reported that the reconstruction of Orleans Street from Fourth Street South to Fourth Avenue South is part of Washington County's four year plan to reconstruct County Road 23 through Stillwater and Oak Park Heights. As part of the reconstruction of Orleans Street, new curb and sidewalk is being installed on the north side of the road. The assessment roll needs to be prepared and a hearing held. Overall project costs are anticipated to be slightly lower than estimated in the feasibility study. Assessment to the property owners will be adjusted accordingly. Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to adopt Resolution 2013-150, resolution declaring cost to be assessed and ordering preparation of proposed assessment for 2013 County Road Improvement Project(Project 2013-04). Ayes: Councilmembers Menikheim, Polehna, Kozlowski, Weidner, and Mayor Harycki Nays: None Motion by Councilmember Kozlowski, seconded by Councilmember Weidner, to adopt Resolution 2013-151, resolution calling for hearing on proposed assessment for 2013 County Road Improvement Project(Project 2013-04), L.I. #399. Page 9 of 10 City Council Meeting September 3, 2013 Ayes: Councilmembers Menikheim, Polehna, Kozlowski, Weidner, and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS There were no council request items. ADJOURNMENT TO EXECUTIVE SESSION FOR LABOR NEGOTIATIONS Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to adjourn the meeting at 8:50 p.m. to executive session for labor negotiations. All in favor. Ken ary ayor ATTEST: /60_,tee Diane F. Ward, City Clerk Resolution 2013-140, directing the payment of bills Resolution 2013-141, resolution adopting findings of fact, conclusions and order related to the denial of a design permit request and consideration of an amendment to a special use permit in the CBD, Central Business District. Case No. DP/13-34 and SUP/94-39 Resolution 2013-142, appointing election judges and fixing compensation for School District Election Resolution 2013-143, resolution approving creation of TIF District#11 Resolution 2013-144, approval of agreement with Hoisington Preservation Consultants Resolution 2013-145, adopting the proposed tax levy for the payable year 2014 Resolution 2013-146, adopting the proposed budget for the year 2014 Resolution 2013-147, setting payable 2014 truth-in-taxation public hearing dates Resolution 2013-148, resolution declaring cost to be assessed and ordering preparation of proposed assessment for 2013 Street Improvement Project(Project 2013-02) Resolution 2013-149,resolution calling for hearing on proposed assessment for 2013 Street Improvement Project (Project 2013-02), L.I. #398 Resolution 2013-150,resolution declaring cost to be assessed and ordering preparation of proposed assessment for 2013 County Road Improvement Project(Project 2013-04) Resolution 2013-151, resolution calling for hearing on proposed assessment for 2013 County Road Improvement Project (Project 2013-04), L.I. #399 Page 10 of 10