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HomeMy WebLinkAbout2014-10-07 CC MIN ater TNF FINTNNLNCE Of MINNEIOTA CITY COUNCIL MEETING MINUTES October 7,2014 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Polehna, Kozlowski, Menikheim, Mayor Harycki Absent: Councilmember Weidner Staff present: City Attorney Magnuson Finance Director Harrison Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders City Clerk Ward OTHER BUSINESS Presentations for City Administrator replacement Dave Unmacht, Springsted, Inc., explained his company's model and business strategy in regard to conducting an executive search for a City Administrator. Dr. Richard Fursman, Brimeyer Fursman, reviewed his company's proposal for assisting in the recruitment of a new City Administrator. STAFF REPORTS Fire Chief Glaser reminded the Council that Fire Prevention Week is October 5-11, 2014. Public Works Director Sanders reported that Washington County and the Middle St. Croix Water Management Organization want to sample outlets on Lily Lake to monitor phosphorus levels. Of the total estimated cost of$27,000,the City is being asked to contribute $7,700 toward sampling. The funds could come from the Storm Water Utility fund. Mayor Harycki and Councilmember Polehna suggested the City approach Mn/DOT to ask if they would help finance this cost. OTHER BUSINESS CONTINUED Presentations for City Administrator replacement continued Mayor Harycki commented that he would feel comfortable hiring either firm, but he particularly liked Dr. Fursman's presentation. Councilmember Kozlowski noted that he too was impressed by Dr. Fursman's presentation. City Council Meeting October 7, 2014 Councilmember Menikheim stated he was glad Dr. Fursman mentioned recruitment of veterans; he would like to see a veteran among the candidates. Councilmember Polehna expressed that both firms could do the job.He has heard great references about Springsted. Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim to approve Brimeyer Fursman as the executive recruiter for a City Administrator. Ayes: Councilmembers Menikheim, Kozlowski, Mayor Harycki Nays: Councilmember Polehna ADJOURNMENT Mayor Harycki recessed the meeting at 5:41 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:00 p.m. Present: Councilmembers Polehna, Weidner, Kozlowski, Menikheim, Mayor Harycki Absent: None Staff present: City Attorney Magnuson Finance Director Harrison Police Chief Gannaway Fire Chief Glaser City Planner Wittman Public Works Director Sanders Water Department Manager Benson City Clerk Ward PLEDGE OF ALLEGIANCE Members of the Fire Department led the Council and audience in the Pledge of Allegiance. PETITIONS,INDIVIDUALS,DELEGATIONS & COMMENDATIONS Proclamation: Fire Prevention Week Mayor Harycki read a proclamation designating October 5-11, 2014 as Fire Prevention Week. Fire Chief Glaser noted that he and members of the Fire Department will be in the schools this week and will host an open house this Saturday. Certificate of Appreciation: Tim Bell,Fire Department 45 years Mayor Harycki read a proclamation recognizing Tim Bell for his service to the Stillwater Fire Department for over 45 years. Page 2 of 11 City Council Meeting October 7, 2014 Certificate of Appreciation: Tom Linhoff, Fire Department 40 years Mayor Harycki read a proclamation recognizing Tom Linhoff for his service to the Stillwater Fire Department for over 40 years. Mr. Linhoff and Mr. Bell recalled changes that have taken place over the years and expressed appreciation for their recognition. Certificate of Appreciation: Carey Nisi (SAHS teacher), Sam Giesregen & Nate Anderson (SAHS students)—Human Rights Commission Logo and Booth Artists Councilmember Polehna informed the audience about efforts to promote the work of the Human Rights Commission in the community. He recognized the assistance of students. Mayor Harycki read Certificates of Appreciation acknowledging Sam Giesregen for his creative efforts in redesigning a new Human Rights Commission logo, and Nate Anderson for his creative efforts in designing a new Human Rights Commission tabletop display. The students explained the logo and tabletop display. Mayor Harycki noted that a Certificate of Appreciation will be issued to Carey Nisi for her efforts in guiding AP Art class students through the process to design the new logo and tabletop display(Ms.Nisi was unable to be present at the meeting). APPROVAL OF MINUTES Possible approval of September 2, 2014 executive session and September 16, 2014 regular meeting minutes Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve the September 2, 2014 executive session and September 16, 2014 regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS DELEGATIONS & COMMENDATIONS, CONTINUED Trail Plan Update - Melissa Douglas Melissa Douglas,Planning Consultant,updated the Council on progress of the Trails Master Plan. A draft plan should be ready for Council review and public input in late 2014/early 2015. OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2014-153, directing payment of bills Resolution 2014-154, approval of SafeAssure Consultants, Inc. consulting agreement for OSHA and safety consultation Resolution 2014-155, approval of increase to railroad lease payment Resolution 2014-156, approving workers' compensation claims administration agreement Resolution 2014-157, approval of new On-sale and Sunday Liquor License for Thai Basil, Inc., DBA: Thai Basil Resolution 2014-158, approval of 2014 Harvest Fest Special Event& Contract Possible approval of sanitary sewer adjustments Resolution 2014-159, approval of Stillwater and Oak Park Heights Convention and Visitors Bureau (CVB) Bylaws (Revised 08-30-2014) Page 3 of 11 City Council Meeting October 7, 2014 Resolution 2014-160, adopting delinquent clean up services charges Resolution 2014-161,resolution approving Code Red Joint Powers Agreement Resolution 2014-162, approving new tobacco license to Northgate, Inc. DBA: Still Tobacco Possible approval of waiver of Dog Park Permit for the Grand Opening on October 18, 2014 Resolution 2014-163, approval of door and glazing quote for new Fire Station Possible approval to purchase "V"plow for snow removal at new Fire Station Resolution 2014-164, approval of agreement of assessment and waiver of appeal and adopting assessment for 2007 Schulenberg Alley (PIN 21.030.20.14.0016) Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Polehna, Weidner, Kozlowski, Menikheim, Mayor Harycki Nays: None PUBLIC HEARINGS Case No. 2014-27. A public hearing to consider a request by Sheryl Jespersen for approval of a Bed and Breakfast to be located at 1005 William St N,located in the RB: Two-Family Residential Zoning District. Sheryl Jespersen, applicant. (Postponed from the September 16, 2014 meeting) City Planner Wittman reviewed the request that Ms. Jespersen is requesting the City Council consider her Craft Retreat to be substantially similar to a bed and breakfast, and to approve an after-the-fact Special Use Permit. The Planning Commission found the business model to be incompatible with the surrounding residential neighborhood, and on a 5-4 vote recommended denial. Staff agrees with the Planning Commission's assessment of the current business model. However, if the business model is changed to be more like a standard bed and breakfast, staff would recommend a nine month Special Use Permit, with a review and revocation provision. If upon review, the business model has changed to be compatible with the surrounding residential neighborhood, then a standard Special Use Permit could be issued. Councilmember Kozlowski asked if the original bed and breakfast ordinance assumed there would be one or two guests per room, and City Planner Wittman replied that she assumes that was the intent of the original bed and breakfast ordinance. The bed and breakfast ordinance states that the Heritage Preservation Commission determines the original number of bedrooms, which is the basis for the number of guest rooms allowed. Therefore, the property could be a three-bedroom bed and breakfast, resulting in the need for six parking spots. Mayor Harycki noted that the applicant has agreed she will be present while guests are there. He recalled one other bed and breakfast in the City that does not have an owner present,but operates with a manager. City Planner Wittman responded that the Rivertown Inn operates outside the bed and breakfast ordinance - it has a manager on site. There is a succession of variances that have been granted for the total number of guest rooms and events that could take place. Councilmember Kozlowski stated that he believes the intent of the bed and breakfast ordinance was to allow people to maintain large residential homes, not to put a business in a residential neighborhood and have someone manage it for them. Page 4 of 11 City Council Meeting October 7, 2014 City Planner Wittman pointed out that she believes the intent of the ordinance was to offer a revenue stream for very large single family residences, to allow them to be maintained and not chopped up into individual units. Mayor Harycki opened the public hearing. Ms. Jespersen explained her request that she had the idea to do craft retreats and spent time looking for property to support this venture. She called the City and was told by Community Development Director Turnblad that there were no regulations at the time covering craft retreats. A neighbor found out she was having craft retreats and complained to the City. The neighbor has been all over the neighborhood harassing her and her guests, and scaring the rest of the neighbors by spreading vicious rumors. She explained what a craft retreat is. They take place mostly fall through spring. She needs to average two groups per month. In the spring and fall there would be more. Guests so far have been very respectful and clean. She cannot imagine they are outside screaming and hollering and carrying on, because they are responsible adults. She does not want her house ruined. She has a contract that guests sign, so it could include quiet times,and she could also stay on site if needed.Most guests carpool, so it is hard to say how many cars they may have. She would have room for eight cars and could state in her contract with guests that the guests are only allowed eight vehicles. Jason Altman, Ms. Jespersen's son, noted the crafting retreats are a wonderful opportunity for women to share a common interest. The neighbor who complained has been served with a restraining order because of the number of times she has come onto his mother's property and attacked the guests; she has a long history of creating public nuisance in the community and a lengthy criminal record. It has been difficult to hear these accusations. Ms.Jespersen offered to put up surveillance cameras around her yard to refute accusations of loud partying. Jody Stolz, Ms. Jespersen's neighbor, remarked that the meeting should not be turning into a personal attack on her. She told the Council there is not a restraining order against her and she has lived in the area for 25 years and has not been in trouble. She has seen one group of crafting ladies there; otherwise, the home has been used for bachelorette parties. There are 10-12 women every weekend partying. Ms. Jespersen does not appear to be living there because the partying does not get stopped. The proposal does not meet the criteria for a bed and breakfast; it is and felt that it was nothing but a dormitory style party house. Dennis Lanoux, 617 Wilkins Street, stated he owns the property adjacent to Ms. Jespersen. He witnessed guests walking around lilac bushes into his wife's garden to relieve themselves. He does not want to have a parking lot abutting his property. He doubts the owner lives there because the lights go on with a timer. He is against a commercial business being allowed in a neighborhood. Lea Friberg, 922 North William Street, spoke against the request. She questioned how guests can be screened appropriately. She stated that there have been crafting parties, but also other parties. She has two young daughters and is concerned about all the cars. Eric Hansen, Planning Commissioner, informed the Council that the Commission voted 5-4 to recommend denial of the application. The main issue was whether the proposal is substantially similar to a bed and breakfast. They considered the number of beds in a room and decided it was not a bed and breakfast. Page 5 of 11 City Council Meeting October 7, 2014 Mayor Harycki closed the public hearing. Councilmember Weidner indicated that he sees this as a completely different business model than a bed and breakfast. Councilmember Menikheim stated he can see a connection with bed and breakfasts, but seeing the bad blood that is in the neighborhood makes him nervous because citizens have a right to be heard.Perhaps the City needs to modify the bed and breakfast ordinance to allow for a craft retreat. Councilmember Weidner responded that if the use fit and was similar enough to a bed and breakfast, he would vote for it, but it is not similar enough to be considered a bed and breakfast. Councilmember Polehna agreed the business it is not similar to a bed and breakfast.His wife does craft retreats on weekends so he is familiar with the concept. It is more of a commercial business than a bed and breakfast. Councilmember Kozlowski stated the proposal does not fit the bed and breakfast concept. That does not mean it is a bad idea. The City will have to come to grips with how to deal with such uses. He asked if there have been police calls to the property, and Police Chief Gannaway responded he is not aware of any, but would have to do a record search. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2014-165, resolution adopting finding of fact, conclusion and order related to a special use request for a bed &breakfast at 1005 N William Street, Case No. 2014-27. Ayes: Councilmembers Polehna, Weidner, Kozlowski, Menikheim, Mayor Harycki Nays: None A public hearing to consider the proposed assessments for water service repairs (L.I. 0009) Water Department Manager Benson reported that at the September 2, 2014 meeting, the Council scheduled the public hearing for Water Service Line Repairs for 2013-14 for October 7. Since that time,one property owner has signed an Agreement of Assessment and Waiver of Irregularity and Appeal authorizing the assessment to their property (904 Fifth Street). The other two properties have not, and no written objections have been received, therefore the public hearing must be held for the remaining two properties. The Water Board recommends that the Council adopt the resolution declaring assessments for the 2013-2014 Water Service Repairs. City Clerk Ward noted that she has not received any written objections. Mayor Harycki opened the public hearing. There being no public comments, Mayor Harycki closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2014-166,resolution adopting assessments for 2013-2014 Water Service Repairs (L.I. 0009). Ayes: Councilmembers Polehna, Weidner, Kozlowski, Menikheim, Mayor Harycki Nays: None Page 6of11 City Council Meeting October 7, 2014 A public hearing to consider the proposed assessments for the 2014 Street Im.rovement Pro'ect (Project No. 2014-02, LI 403) Public Works Director Sanders stated that construction on this year's street improvement project is still ongoing, with the mill and overlay of the streets yet to be completed. The project included: Curve Crest Boulevard from County Road 5 to Washington Avenue; Orleans Street from County Road 5 to Curve Crest Boulevard; and Market Drive from Curve Crest Boulevard to Orleans Street. The final project cost is estimated at$785,578.92. It is planned that properties be assessed according to policy,with properties within the Industrial Park(Curve Crest,Market,and the south side of Orleans)to be assessed 100%of the improvement costs for a rate of$62.23 per lineal foot. Properties on the north side of Orleans Street would be assessed at 80% for a rate of$37.69 per lineal foot. Since Orleans is designated a Municipal State Aid Street, a credit in the amount of $4.32 per lineal foot for a residential equivalent of a standard city street is included in the final assessment amount for the residential properties on the north side of Orleans Street. Considering many of the street segments are being improved earlier than their expected 25 year life, a credit is proposed to be given based on the remaining years of life since the last construction. The assessment period would be 10 years at an interest rate of 4.5%. Mayor Harycki opened the public hearing. Jim Kron, 1717 Cudd Circle, Hudson, WI, owner of half of the property at 2510 Curve Crest Blvd.,read his letter of objection stating he is against the 100%assessment. Rick Pierre, 1655 Market Drive (Heritage Embroidery) objected to the assessment. His parking lot gets a lot of overflow parking from the Recreation Center. Ben Gathje, 15222 Afton Blvd S. Afton, Culvers owner, spoke against the assessments. City Attorney Magnuson explained the assessment appeal process. Mayor Harycki closed the public hearing. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2014-167, adopting assessments for the 2014 Street Improvement Project (Project No. 2014-02, L.I. 403) except the four parcels whose owners objected, with the caveat that the final assessment shall exceed the original assessment proposed. Ayes: Councilmembers Polehna, Weidner, Kozlowski, Menikheim, Mayor Harycki Nays: None Motion by Councilmember Kozlowski, seconded by Councilmember Weidner, to direct staff to hire an appraiser for the benefit to the parcels. Ayes: Councilmembers Polehna, Weidner, Kozlowski, Menikheim, Mayor Harycki Nays: None Case No. V/2014-29. A public hearing to consider a request by Jeff Parent for an appeal to the Planning Commission's denial of a fence variance, to be located at 200 Edgewood Ave, located in the RA: One-Family Residential Zoning District. City Planner Wittman reviewed the case wherein the applicant is appealing the Planning Commission's denial of a two foot height variance request for the installation of a six foot fence Page 7 of 11 City Council Meeting October 7, 2014 on the exterior(side)yard,at the property located at 200 Edgewood Avenue.The maximum height allowed in this corner lot location is 42 inches. Staff recommends that the Council direct staff to prepare a Resolution of Denial to be brought to the October 21 Council meeting for adoption, which is within the 60 day review deadline of October 25, 2014. Councilmember Kozlowski commented that the property seems more unique than the typical corner lot due to the angled position of the house. Councilmember Weidner noted that he appreciates the lot is uniquely shaped.He commended the owners not extending the fence any more than necessary. Mayor Harycki opened the public hearing. Jeff and Janet Parent, applicants, explained they need the new fence to protect their family, pets and business property. They did not think it would be problematic to replace a six foot fence with another six foot fence. They do not believe they are creating a tunnel effect because they are not changing the look from the previous fence. A four foot fence (as permitted) would not be sufficient. Mayor Harycki closed the public hearing. Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to direct staff to prepare a resolution of approval at the October 21, 2014 meeting Ayes: Councilmembers Polehna, Weidner, Kozlowski, Menikheim, Mayor Harycki Nays: None UNFINISHED BUSINESS Possible approval of the second reading of Ordinance 1071, amending The Stillwater City Code Chapter 31, Entitled Zoning Ordinance By Adding Cost of Construction Indexing to the Design Permit Valuation Threshold (2nd Reading—Roll Call) City Attorney Magnuson reviewed the proposed ordinance. The first reading of the ordinance amendment occurred on September 2, 2014. At that reading the Council asked staff to identify the specific construction index to be used. The construction index that staff recommends using,is the US Department of Commerce's Composite Construction Index, which has been added to the ordinance for the second reading. Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt Ordinance 1071, amending the Stillwater City Code Chapter 31 entitled Zoning Ordinance by Adding Cost of Construction Indexing to the Design Permit Valuation Threshold. Ayes: Councilmembers Polehna, Weidner, Kozlowski, Menikheim, Mayor Harycki Nays: None Proposed plan for the removal of the Zephyr Train City Attorney Magnuson updated the Council on the Zephyr train removal.There are a lot of firms interested in removing and scrapping the trains. The firms need to be held harmless for any claim that may arise from removing the trains. Mr.Paradeau has contracted with Iowa Pacific Holdings, the company that agreed to purchase the trains in February 2013. The company has retained a firm located in Dallas to move the trains to a siding in Lake Elmo and then onto rail cars to move Page 8 of 11 City Council Meeting October 7, 2014 the engines to Iowa or Colorado. Estimates of the value of the trains has ranged from $10,000- $50,000. If the trains were true nuisances,they could be acquired without paying a condemnation award. Since they do not have a health element, it is a safety element, and the primary objection is to how they look. So it is uncertain whether they would be able to be characterized as a true nuisance. Councilmember Weidner asked if taken to a scrap yard,could the scrap yard owner store the trains and eventually gain title to them through a legal process. He would like to require the trains be removed within 45 days. City Attorney Magnuson responded that the City would have to see if the scrap yard would charge the owner or if they would want to charge the City. Councilmember Weidner remarked that even if the City pays to remove the trains, the City will assess that cost back to the property. He would like to get them off the property and assess the cost for removing them back to Mr. Paradeau's property. Councilmember Polehna pointed out the City has had assurances from Mr. Paradeau before without action. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to hire a moving company to move the trains no sooner than 45 days from today, if a storage yard is available,and that the City pay the cost of the removal, which will be assessed against the property owner's taxes. All in favor. Possible approval of extension agreement with Stillwater Caves LLC City Attorney Magnuson presented the Extension Agreement that was authorized at the September meeting and that now bears the signatures of the Developers. He explained that there is a mechanic's notice of intention to claim lien against the property, which creates default. He recommended that the Council postpone action on the Extension Agreement until the next meeting so he can request the developers to address the lien. Mayor Harycki noted that it sounds like the architect is throwing in the towel. He would like to get out of the project and not grant the extension. City Attorney Magnuson stated the City already has committed to the Extension,but may consider the lien to be default of the contract. Councilmember Kozlowski remarked he would not consider the lien as a sign that the developers lack the desire to go forward with the project. The project is very unique with a lot of complex issues. Councilmember Menikheim stated that it is not just the lien, it is an accumulation of missed commitments that concerns him. Councilmember Kozlowski suggested asking developers to attend the next meeting. Possible approval of resolution approving the Findings of Fact for Case No. 2014-28 for the denial of a Bed and Breakfast, and variances associated thereof, to be located at 116 N. Harriet St. City Planner Wittman reviewed the case that Renee Haugen made application for a Special Use Permit to operate a bed and breakfast at 116 Harriet Street North. On a 3-2 vote the Council decided to conceptually deny the request. To formally deny the Special Use Permit requires Findings of Fact, which are now brought back for formal adoption. Page 9 of 11 City Council Meeting October 7, 2014 Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to adopt Resolution 2014-169, approving the Findings of Fact for Case No. 2014-28 for the denial of a bed and breakfast and variances associated therewith, to be located at 116 N. Harriet St., without prejudice. Ayes: Councilmembers Polehna, Weidner, Kozlowski, Menikheim, Mayor Harycki Nays: None NEW BUSINESS There was no new business. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adjourn the meeting at 9:40 p.m. All in favor. Ken Harycki,, /. or ATTEST: /f2" Diane Ward, City Clerk Resolution 2014-153, directing payment of bills Resolution 2014-154, approval of SafeAssure Consultants, Inc. consulting agreement for OSHA and safety consultation Resolution 2014-155, approval of increase to railroad lease payment Resolution 2014-156, approving workers' compensation claims administration agreement Resolution 2014-157, approving new On-sale and Sunday Liquor License to Thai Basil, Inc., DBA: Thai Basil Resolution 2014-158, approving the 2014 Harvest Festival Special Event and Contract Resolution 2014-159, approving Stillwater and Oak Park Heights Convention and Visitors Bureau (CVB) Bylaws (Revised 08-30-2014) Resolution 2014-160, adopting delinquent clean up services charges Resolution 2014-161, approving code red joint powers agreement Resolution 2014-162, approving new tobacco license to Northgate, Inc. DBA: Still Tobacco Resolution 2014-163, accepting bids and awarding contract for door and glazing for Fire Station Page 10 of 11 City Council Meeting October 7, 2014 Resolution 2014-164, approval of agreement of assessment and waiver of irregularity and appeal and adopting assessment for 2007 Schulenberg Alley (Parcel 21.030.20.14.0016) Resolution 2014-165,resolution adopting findings of fact, conclusion and order related to a special use request for a bed and breakfast at 1005 N. William Street, Case No. 2014-27 Resolution 2014-166, resolution adopting assessments for 2013-2014 Water Service Repairs (L.I. 0009) Resolution 2014-167, resolution adopting assessments for the 2014 Street Improvement Project (Project No. 2014-02, L.I. 403) Resolution 2014-168, approving Addendum No. 1 to the Contract for Private Redevelopment between the City of Stillwater, Minnesota and Stillwater Caves, LLC, a Minnesota limited liability company Resolution 2014-169, approving the findings of fact for Case No. 2014-28 for the denial of a bed and breakfast and variances associated therewith, to be located at 116 N. Harriet St. Ordinance 1071, amending the Stillwater City Code Chapter 31 entitled Zoning Ordinance by Adding Cost of Construction Indexing to the Design Permit Valuation Threshold Page 11 of 11