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HomeMy WebLinkAbout2014-08-19 CC MIN ater IX! IIITIIPLACE Of MINNEWA CITY COUNCIL MEETING MINUTES August 19, 2014 SPECIAL MEETING 4:30 P.M. Vice Mayor Polehna called the meeting to order at 4:31 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Vice Mayor Polehna Absent: Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Finance Director Harrison Community Development Director Turnblad City Clerk Ward St. Croix Recreation Center Manager Doug Brady OTHER BUSINESS Budget Discussion City Administrator Hansen introduced the proposed budget for the Recreation Center. Recreation Center Manager Doug Brady explained the budget. City Administrator Hansen introduced the proposed budget for Legal Services. City Attorney Magnuson provided a summary of time spent over the past year. City Administrator Hansen introduced the proposed budget for the Fire Department. Fire Chief Glaser responded to questions. Community Development Director Turnblad led discussion of the proposed budgets for Community Development/Building Inspections/Parking Ramp. Vice Mayor Polehna recessed the meeting at 5:56 p.m. REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:03 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki City Council Meeting August 19, 2014 Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Finance Director Harrison Community Development Director Turnblad City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to approve the July 29, 2014 regular and recessed meeting minutes. All in favor. PETITIONS,INDIVIDUALS,DELEGATIONS & COMMENDATIONS Proclamation: Curt Geissler, Lakeview Hospital Mayor Harycki presented a proclamation to Curt Geissler,retired President of Lakeview Hospital, recognizing his community involvement and designating September 2014 as Curt Geissler Month. Certificates of Appreciation: Cory Buettner, DJ Radeunz, and National Guard 34th Military Police Company Mayor Harycki presented certificates to Cory Buettner,DJ Radeunz, and the National Guard 34th Military Police Company for their support of the City's Yellow Ribbon Network efforts during the Log Jam Parade. OPEN FORUM There were no public comments. STAFF REPORTS Police Chief Gannaway recognized that National Nite to Unite went very well. He thanked the community and commended Officer Young who coordinated the event. Fire Chief Glaser informed the Council that the ground breaking for the new fire station will be August 22nd. City Clerk Ward announced forms for the Name the Park Contest for the park property on the south end of the City, next to the paddleboats, will be available on the web site beginning on August 20th. Public Works Director Sanders reported that he met with the DNR regarding the trail project. Construction will start next week and be completed in October. Finance Director Harrison reminded the Council there will be a budget meeting August 26th. Page 2 of 8 City Council Meeting August 19, 2014 City Attorney Magnuson reported that Development Contract for Stillwater Caves includes performance deadlines for two conditions that were not met as of August 15th.The Council should either suspend the deadlines or terminate the contract, which was dated September 23, 2013. He recommended the Council direct notice of termination to be sent to the developer. Councilmember Menikheim noted that one of the developers informed him last week that the process of lining up money for such a project is very complicated, and was almost complete but awaiting response from some of the investors. The developers anticipated no problems with this and expected to be in the buildings within 90 days. Councilmember Weidner suggested putting the issue on the next meeting agenda and informing the developer that the Council is considering termination of the contract. City Attorney Magnuson agreed to inform the developer. City Administrator Hansen stated that an abatement notice was sent to Minnesota Zephyr Limited regarding removal of the trains. In response, the City received an appeal and request for a public hearing or other solution to resolve the issue. He recommended the City set a public hearing for September 2nd and agreed to notify the owner. He also reminded the Council that the next budget meeting will be August 26th, and that the Boards & Commissions picnic is set for September 4th. CONSENT AGENDA Resolution 2014-129, directing payment of bills Resolution 2014-130, approving the abatement of certain special assessments Possible approval of scanner for Inspections Department- MIS Possible approval of backstop for Northland Park Possible approval of second phase of fiber installation for Public Works Resolution 2014-131, approving issuance of On-sale and Sunday liquor licenses to Reve 324 Inc. located at 200 Chestnut Street Possible approval of printer for Police Department—MIS Possible approval of Sanitary Sewer adjustments Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Possible approval of second reading of Ordinance 1067, amending the Stillwater City Code, Section 31-300, Entitled Establishment of Districts By Rezoning 216 W Myrtle to CBD, Central Business District. Community Development Director Turnblad reviewed the request by Trinity Lutheran Church to rezone the property immediately south of City Hall so it may be used for uses other than institutional uses. Page 3 of 8 City Council Meeting August 19, 2014 Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Ordinance 1067, amending the Stillwater City Code, Section 31-300, Entitled Establishment of Districts by rezoning 216 W Myrtle to CBD, Central Business District. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Possible approval of second reading of Ordinance 1068, amending the Stillwater City Code, Section 31-300,Entitled Establishment of Districts by Rezoning Approximately Seven Acres to PROS: Parks, Recreation and Open Space, and approval of an operating agreement with Friends of Stillwater Dog Park. Community Development Director Turnblad reviewed the requests. Friends of Stillwater Dog Park, Inc. is requesting permission to construct and operate an off-leash dog park on a portion of the public works site on Myrtle Street next to the ball fields. To make that possible, the Council would have to rezone the property,approve an operation and maintenance agreement and approve a Special Use Permit. Staff recommends that the Council approve the second reading of the rezoning ordinance, approve the Operation Agreement Resolution, and approve the Special Use Permit Resolution. Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt Ordinance 1068, amending the Stillwater City Code, Section 31-300, entitled Establishment of Districts by rezoning approximately seven acres to PROS, Park, Recreation and Open Space. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt Resolution 2014-132, approving the operating agreement for Friends of Stillwater Dog Park with a Dog Park Permit fee of$10.00 for non-Stillwater residents. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt Resolution 2014-133,approving a special use permit for an off-leash dog park located at 2000 Myrtle Street West, amending the Resolution to state that either a Stillwater Dog License or a Stillwater Dog Park Permit be required for users. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Possible approval of annexation, final plat and development agreement for Rutherford Station and approval of first reading of ordinance for rezoning approximately seventeen and a half acres to RB, Two-family Residential. Councilmember Weidner recused himself from the discussion and vote. Page 4 of 8 City Council Meeting August 19, 2014 Community Development Director Turnblad stated that the Council approved the annexation and first reading of the rezoning contingent upon final plat and development agreement approval. The Council also approved the preliminary plat with conditions. The Joint Planning Board reviewed the final plat and found it acceptable. Developer Chris Aamodt is requesting final approval of the annexation, the rezoning, the development agreement and the plat. Outlot B needs to be deleted and encumbered by a utility easement to the City for storm sewer purposes. Home Owners' Association documents, including stormwater facilities maintenance and trail maintenance, should be submitted to the City and found acceptable to the City Attorney and City Engineer prior to release of the final plat for filing with Washington County. Staff recommends approval of the annexation, rezoning, development agreement and final plat. Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to adopt Resolution 2014-134,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 Menikheim, Kozlowski, Polehna, Mayor Harycki Nays: None Abstain: Councilmember Weidner Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to adopt Resolution 2014-135, approving the development agreement for Rutherford Station. Ayes: Councilmembers Menikheim, Kozlowski, Polehna, Mayor Harycki Nays: None Abstain: Councilmember Weidner Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to approve the first reading of an ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately seventeen and a half acres to RB, Two-Family Residential. Ayes: Councilmembers Menikheim, Kozlowski, Polehna, Mayor Harycki Nays: None Abstain: Councilmember Weidner Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to adopt Resolution 2014-136, approving the final plat for Rutherford Station, Case No. 2014-26. Ayes: Councilmembers Menikheim, Kozlowski, Polehna, Mayor Harycki Nays: None Abstain: Councilmember Weidner Possible accepting of bids and awarding of contract for 2014 Street Improvement Project. Public Works Director Sanders reported that two bids for the 2014 Street Improvement project were received and were opened on August 14, 2014. The low bid was submitted by Hardrives, Inc. in the amount of $663,113.31, approximately $8,000 over the engineer's estimate. Staff recommends that the Council accept the bids and award the contract to Hardrives, Inc. Page 5 of 8 City Council Meeting August 19, 2014 Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2014-137, accepting bids and awarding the contract for the 2014 street improvement project, Project 2014-02. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Discussion on property located on the corner of County Road 15 (Manning Avenue) and Highway 96. Councilmember Weidner stated that he understood from the last Joint Board Meeting that the City could not pursue purchase of this property because Stillwater Township was under contract to purchase the land from Washington County. Township Board Members indicated they would request the City to participate in the purchase with the City paying the majority of the costs. He suggested the City purchase the property alone, if the Township's contract with the County is released, as it would be desirable for a park or open space. Motion by Mayor Harycki, seconded by Councilmember Weidner to direct the City Attorney to pursue the purchase of the property. All in favor. NEW BUSINESS Possible approval of first reading of an ordinance amending the City Code Section 51-2, Parking Regulations. Community Development Director Turnblad explained that at the last City Council meeting the 24 hour parking regulations were discussed with regard to residents who reside in the Downtown and who are without private parking spaces or private garages. A suggestion was made that some flexibility in the requirements should be considered to address this issue. The existing section of the City Code allows the Chief of Police to allow exceptions to the 24 hour parking prohibitions, but only in "emergency situations." The suggested change would allow the Chief of Police to authorize exceptions to the requirements for any lawful purpose. It is envisioned that this ordinance change would be followed by policy changes that would refine the Chiefs authority and provide a process for permitting exceptions, and for allowing appeals of his decisions. Staff has reviewed and approved this suggested ordinance change. Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, approve the first reading of an ordinance amending the City Code § 51-2, Parking Regulations. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None Possible approval of Development Agreement for Select Senior Living. Community Development Director Turnblad informed the Council that John Arkell, Select Properties,is planning to develop Select Senior Living of Stillwater,a 100-unit senior care facility on County Road 12 just east of Rutherford Elementary School. The Planning Commission approved the Special Use Permit(SUP)needed to build and operate the facility with one condition of approval: before the SUP becomes valid, the applicant must enter into a Development Agreement found acceptable to the Council. The applicant requests the Council approve the Page 6 of 8 City Council Meeting August 19, 2014 Development Agreement. The two issues that still need resolution related to development fees are: 1. Park&Trail dedication fee. From the point of view of the Park& Trail Dedication Ordinance, the proposed facility is a multiple unit building and the same fee applies as would be applied to an apartment or condominium. However, given the reduced impact of this senior care facility on the City's park and trail system, the Parks Commission recommended reduced fees. City staff recommended a smaller fee for each of the assisted living units. So, if the Council supports the Parks Commission's larger fee, the Development Agreement will need to be amended, since it includes the smaller staff recommendation. 2. Trout Stream Mitigation Fee, Transportation Adequacy Fee, Trunk Fees. The developer will be responsible for paying the Trout Stream Mitigation Fee, the Transportation Mitigation Fee, and sewer and water trunk fees. The total of all development fees is $304,019.04. Staff recommends that these fees should be due and payable prior to release of the building permit or grading permit for the project. Mr. Arkell has asked that these fees become due and payable 120 days after Council approval of the Development Agreement or upon issuance of the Certificate of Occupancy for the building, whichever comes first. Mayor Harycki expressed concern about deferring payment of the impact fees to the issuance of the Certificate of Occupancy but he would support requiring an irrevocable letter of credit from the developer. Councilmember Polehna noted the Parks Commission had lengthy discussion on the fees and it took some time to reach consensus. City Attorney Magnuson noted that if impact fees were not paid, they could be assessed to the developer with the real estate taxes. Councilmember Weidner stated it would be in the City's best interest to require the fees up front. Motion by Councilmember Weidner, seconded by Councilmember Polehna,to adopt Resolution No. 2014-138, approving the Development Agreement for Select Senior Living of Stillwater as conditioned, with Park and Trail Dedication fees as recommended by the Parks Commission, and payment of impact fees due and payable prior to release of the building permit or grading permit for the project, per the Staff recommendation. Ayes: Councilmembers Menikheim, Kozlowski, Polehna, Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Polehna noted that funds are being raised for another November hunt for the troops. Councilmember Menikheim reported that the Water Board got about $4,500 for scrapping the meters that were removed. He also noted that the Ambience Committee requested that the amount of money that can go into lighting a building without applying for a permit be raised from$5,000. City Attorney Magnuson said he could draft a proposed update for the ordinance. ADJOURNMENT Page 7 of 8 City Council Meeting August 19, 2014 Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn the meeting at 8:17 p.m. All in favor. Ken Harycki,.Mayor ATTEST: &1401 -1 At4/41P4ta Larry D. sen, Acting City Clerk Resolution 2014-129, directing payment of bills Resolution 2014-130, a resolution approving the abatement of certain special assessments Resolution 2014-131, approving issuance of On-sale and Sunday liquor licenses to Reve 324 Inc. located at 200 Chestnut Street Resolution 2014-132, approving the operating agreement for Friends of Stillwater Dog Park Resolution 2014-133, approving a special use permit for an off-leash dog park located at 2000 Myrtle Street West Resolution 2014-134, 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 2014-135, approving the development agreement for Rutherford Station Resolution 2014-136, approving the final plat for Rutherford Station, Case No. 2014-26 Resolution 2014-137, accepting bids and awarding the contract for the 2014 street improvement project, Project 2014-02 Resolution 2014-138, approving the Development Agreement for Select Senior Living of Stillwater Ordinance 1067, amending the Stillwater City Code Section 31-300 Entitled Establishment of Districts by Rezoning 216 W Myrtle to CBD, Central Business District Ordinance 1068, amending the Stillwater City Code Section 31-300 Entitled Establishment of Districts by Rezoning Approximately Seven Acres to PROS: Parks, Recreation and Open Space Page 8 of 8