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HomeMy WebLinkAbout2015-01-06 CC MIN • ater THE IIITNELACE OF MINMEIITA CITY COUNCIL MEETING MINUTES January 6, 2015 REGULAR MEETING 4:30 P.M. Mayor Polehna called the meeting to order at 4:30 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Mayor Polehna Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders City Clerk Ward APPROVAL OF MINUTES Possible approval of minutes of the December 9, 2014 Special Meeting, December 16, 2014 Regular Meeting, and December 19-20, 2014 Special Meeting Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to approve the minutes of the December 9,2014 Special Meeting,the December 16, 2014 Regular Meeting, and the December 19-20, 2014 Special Meeting. All in favor. OTHER BUSINESS Discussion on Appointment of Councilmember- Ward 2 Mayor Polehna stated there are five applicants for the position. The Council decided to conduct half-hour interviews with the candidates from 5-8 p.m. Monday, January 12. STAFF REPORTS Police Chief Gannaway reported that two and a half pickup loads were delivered to Toys for Tots in December. Council requested that deadline for the Law Enforcement deadline be posted on the City's website because it is earlier than the deadline for drop off at other locations. Fire Chief Glaser noted that burning permits are still required by the DNR. Community Development Director Turnblad stated that this summer all parking lots east of Main Street will become pay lots. The Downtown Parking Commission is starting to look at equipment and put together a resident parking pass program, which will be in place prior to turning on the new meters. City Council Meeting January 6, 2015 Public Works Director Sanders noted that the City of Oak Park Heights would like the City to participate in its street improvement project near the Government Center. He indicated that some of the streets do not need reconstruction at this time and has asked Oak Park Heights to delay the project. Councilmember Menikheim stated he would like the two City staffs to meet to resolve the issues and make a recommendation to the Council. Public Works Director Sanders will come back with an update. City Attorney Magnuson reminded the Council that the extended deadline for the development contract with Stillwater Caves LLC passed on December 31, 2014, without word from the developers. He received a letter from a mortgage financing firm stating that based on the pro- forma provided by the developers, there is 20% equity and there is a lender in place to provide construction financing, but due to the holidays, the transaction was delayed. Reports and appraisals will be ordered, after which it will take approximately 60 more days to close the loan. This is a letter of interest,but not a binding financing agreement at this point. Since the extended deadline came and went without contact from developers, the Council would have grounds to tellniinate the contract. Councilmember Menikheim asked about meeting with the developers, and Mayor Polehna expressed that he does not think the City should reach out to the developers - they should be coming to the Council. He has heard of other parties interested in the property. Councilmember Menikheim stated he agrees but in the meantime, the building continues to deteriorate. He suggested establishing a two week deadline and asking the developers to meet, otherwise the Council will open it up to other proposals for the site. Councilmember Weidner pointed out that he has not heard of any other interest, and is uncertain if delaying it two weeks will really matter. Mayor Polehna commented he does not have a problem canceling the contract, since developers have had over a year. On a question by Councilmember Weidner about proper language to use,City Attorney Magnuson responded that the Council is discussing an event of default. The remedy upon an event of default is that the Council could suspend its performance under the agreement, or it could terminate the agreement and the obligation to pay any tax increment to the developer. The Council needs a finding of default - the failure to provide 1) evidence of funded mortgage financing or owners' equity in at least an amount sufficient to fund the construction,and 2)an executed binding contract for construction of the minimum improvements. Councilmember Weidner expressed that he personally feels the developers are in default because they obviously have not meet their obligations under the contract. Motion by Councilmember Weidner, seconded by Councilmember Menikheim,that the Council finds that the redeveloper, as identified in the contract,has failed to provide sufficient evidence of mortgage financing or owners' equity in at least an amount sufficient to fund the construction as required by the Contract, Article 3 Section 3.1.1, and thereby leaves them in default; and adopting Resolution 2015-014A, a resolution terminating development contract. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Mayor Polehna Nays: None Page 2 of 10 City Council Meeting January 6, 2015 Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to terminate the agreement with the redeveloper,having found them in default. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Mayor Polehna Nays: None After a short break, Mayor Polehna noted that one Councilmember applicant has a conflict with the January 12 interview date. A second date of 4:30 p.m. Tuesday, January 20 was set. OTHER BUSINESS - CONTINUED Bridgeview Park Plan Community Development Director Turnblad initiated discussion of the concept plan and its implementation phasing for Bridgeview Park. He reminded the Council that costs will be paid by three agencies, MnDOT, the DNR for the boat launch, and the City. Michael Jischke, SRF Consulting Group, reviewed the concept plan, the need for a municipal dock, cost of the proposed park elements, and construction phasing. The Barge Terminal North was found to be the most suitable location for a dock. He presented potential uses for the two historic buildings on the site. Councilmember Weidner asked how the park plan ties into the rest of the planning that is occurring, and Community Development Director Turnblad responded that the Bridgeview Park Plan looks only at that property. The physical improvements called for in the Bridgeview Park Plan support potential improvements in the other areas. There is no doubling up of planning efforts. The final plan document will show phasing and potential sources of funding. If the plan is approved, the funding will be appropriated and tracked in the five year capital improvement plan. Phasing of the improvements may take five to ten years. Councilmember Menikheim noted it helps to know that this is a ten-year plan. Councilmember Weidner emphasized that the Council needs to look at the plan in terms of how to phase the improvements and how to fund them, and Community Development Director Turnblad responded that perhaps the chapter on phasing and implementation, who is responsible for which expenses out of the $8.7 million total, may need to be done next in order to answer those questions. Councilmember Weidner inquired as to why the docks are not closer to the downtown, and what the role and agreement is with Mr. Anderson for public dock space. Community Development Director Turnblad replied that Mr. Anderson owns a portion of the riverfront. He leases a portion of City property for dock and parking. Councilmember Weidner asked if it would be possible to tell Mr.Anderson that he is not required to maintain public dock space and needs to park the big boats on his own docks. Mr. Turnblad answered that the City owns only part of the property where the parking is. Part of it is owned by Mr. Anderson. He has not talked to Mr. Anderson about swapping docks. Councilmember Weidner emphasized that he is not talking about flipping his docks, rather releasing Mr. Anderson from the requirement to provide the public docks. He is not trying to restrict Mr. Anderson's business, instead he would like the public to be able to get on a public pathway and walk into downtown from public docks. Page 3 of 10 City Council Meeting January 6, 2015 Community Development Director Turnblad stated that the bank in that area is steeper and to get ADA conforming ramps,the ramp system would have to be more extensive. The other down side would be having small public privately owned boats maneuvering around the large commercial boats. Mayor Polehna suggested cantilevering the trail along the water to get it away from the traffic, and Mr. Turnblad indicated that he could have a conversation with Mr. Anderson to see how he would react to having a public dock so close to his docks. He will discuss this with Mr. Anderson and report back by the next meeting City Attorney Magnuson provided the history of wharfage and dock permitting in the City. It is a complicated issue and a lot of parties are involved. The public docks are a condition of allowing the wharfage permit for the commercial docks. Councilmember Weidner recognized it is important for the City to maintain continuity of the waterfront. He would like to see the walkway along the river put back into the plan. Mayor Polehna stated he likes the conceptual plans. Councilmember Menikheim stated conceptually it looks good. The meeting went into recess at 6:17 p.m. REGULAR MEETING 7:00 P.M. Mayor Polehna called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Mayor Polehna Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor-Elect Kozlowski led the Council and audience in the Pledge of Allegiance. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL City Clerk Ward gave the oath of office to newly elected Councilmembers Menikheim, Polehna, and Mayor Kozlowski. The meeting went into recess at 7:10 p.m. The meeting reconvened at 7:30 p.m. Page 4 of 10 City Council Meeting January 6, 2015 Present: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders City Clerk Ward PETITIONS,INDIVIDUALS DELEGATIONS & COMMENDATIONS There were no petitions, individuals, delegations or commendations. OPEN FORUM Brent Peterson, Washington County Historical Society, invited the Councilmembers to the Ice Cream Social on Saturday, January 17, in Lowell Park. Calvin Jones, 513 Edgewood Avenue,Chairman of Stillwater Area Scholastic Cycling Advocates, spoke in support of the DNR Brown's Creek Trail mountain bike trail efforts. CONSENT AGENDA Resolution 2015-001, directing the payment of bills Resolution 2015-002, designation of depositories for 2015 Resolution 2015-003, designating a responsible authority and assigning duties in accordance with the State of Minnesota Data Practices Statute Resolution 2015-004, designating the Stillwater Gazette as the City's legal publication and approving contract with the Stillwater Gazette for 2015 Resolution 2015-005,resolution accepting cash donations Resolution 2015-006, approving Exhibit A as it relates to Resolution 2013-057, resolution establishing procedures relating to compliance with reimbursement bond regulations under the Internal Revenue Code Resolution 2015-007, appointments to Library Board Resolution 2015-008, approval of Employment Agreement with J. Thomas McCarty for Stillwater City Administrator Possible approval of 2 iPads and cases for Council Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None Page 5 of 10 City Council Meeting January 6, 2015 PUBLIC HEARINGS A public hearing to consider approval of an amendment to the commercial parking regulations. The hearing specifically is to consider amending City Code Section 51-2, Subd. 2 & 4 to regulate the parking of commercial trailers and boat trailers on public streets and in public parking lots in Downtown Stillwater. Community Development Director Turnblad reviewed the proposed amendment which would extend the prohibition on commercial parking to all areas of the City. The City has been experiencing difficulty with trailers and contractors parking in downtown municipal parking lots. In addition, empty boat trailer parking is prohibited on public lots which needs to be extended to loaded trailers. The Downtown Parking Commission recommends adoption of the ordinance amendment as proposed. Councilmember Polehna voiced concern about prohibiting loaded boat trailer parking as these may be visitors patronizing businesses. Community Development Director Turnblad responded that it is not meant for trailers passing through or having dinner,but for those that are sitting there overnight or for an extended period of time. Police Chief Gannaway commented that boat trailers take up two parking spots, so most cities do not allow boat and trailer parking in their commercial districts. Some cities designate parking next to a launch. The new boat ramp will have a small area right next to downtown, so that will help somewhat. Otherwise,there is not a good location for boat trailer parking. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Councilmember Polehna stated he is in favor of the amendment, if the City can find a place for travel trailers to park. He does not want the amendment to prohibit boat trailer parking for boat owners who are out for dinner. Mayor Kozlowski agreed there should be a way to allow those with trailers to park for a limited time. Councilmember Weidner asked if camper parking could also be accommodated somewhere. Police Chief Gannaway suggested that staff review the language and come back with a recommendation for a designated area for trailer and camper parking. UNFINISHED BUSINESS Possible approval of 2015 Cruisin' on the Croix Special Event and Contract Scott Zahren, organizer,presented revised dates for Cruisin' on the Croix: the first Wednesday in June, and thereafter every other week in June, July, August and September. Mayor Kozlowski suggested someone look at actual parking spaces available during these events to get an accurate picture of the impacts. Mr. Zahren asked for the 2014 rate of$1.50 per parking space per day. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2015-009, approving 2015 special event and contract for Cruisin' on the Croix, charging the same parking rate as 2014. Ayes: Councilmembers Menikheim, Polehna, Weidner, Mayor Kozlowski Nays: None Page 6 of 10 City Council Meeting January 6, 2015 Possible approval of 2015 Rivertown Art Festival Special Event and Contract City Clerk Ward explained that in the past, the Festival was held the 3rd weekend of May. Last year the Council approved the date change for one year, however it required the event to go through the Special Event process for the change of the date. Todd Streeter, director of the Stillwater Chamber, offered to answer questions about use of the parking lot for the event. Councilmember Weidner asked why the festival is not held on the grass, and Mr. Streeter replied that for the spring art festival, most of the time the grass is underwater, very soggy or has debris from spring flooding. For the fall festival, an art festival does not function well on the grass because of the potential for severe weather. The grass often gets inundated with water and becomes soggy throughout the entire weekend. Councilmember Weidner stated he would prefer the festivals to be on the grass, not the parking lots. Councilmember Polehna stated he understands the spring festival being in parking lots, but the fall festival should absolutely be on the grass. Councilmember Menikheim reminded the Council the City needs an event strategy. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2015-010, approving 2015 special event and contract for Rivertown Art Festival. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None NEW BUSINESS Possible approval of resolution adopting the Annexation City Attorney Magnuson presented a resolution for the Council's consideration that would annex the area of Stillwater Township within the Orderly Annexation Area. Section Six of the Orderly Annexation Agreement, dealing with Assessment and Utility Policy, and Section Seven dealing with Real Estate Taxation, would remain in effect until 2020. Further Sections b., c., and d. of Section 8 would also remain in effect for the next 5 years. Items that would still require Joint Board approval are the adoption of the initial zoning for newly annexed parcels and any variances, any Assessment Policy for its consistency with Section Six, and any changes to the Rural Taxing District for its consistency with Section Seven. The right of the Joint Board to review and comment on any development application,or to approve comprehensive plan amendments,would no longer apply. Councilmember Weidner pointed out that the annexation was anticipated since the Orderly Annexation Agreement was finalized in 1996, and was discussed with all the potential annexed property owners earlier in 2014. Councilmember Menikheim commended the team that drafted the Orderly Annexation Agreement for its foresight. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2015-011, A Resolution 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. Page 7 of 10 City Council Meeting January 6, 2015 Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of meeting date changes for 2015 City Clerk Ward reviewed possible 2015 meeting date changes: Tuesday, August 4, 2015 (Nite to Unite), changed to Tuesday, July 28, 2015 and Tuesday, November 3, 2015, changed to Tuesday, October 27, 2015 (only if there is a Special School District Election —will hopefully know in February). Motion by Councilmember Weidner, seconded by Councilmember Polehna,to approve the proposed meeting date changes. All in favor. Designation of Vice Mayor Councilmember Menikheim nominated Councilmember Polehna Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution 2015-012,Designating Council Vice Mayor for 2015. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of an agreement with the DNR related to Brown's Creek Park and Trail items Community Development Director Turnblad explained that a mountain bike trail is proposed for the Brown's Creek Preserve area. This was approved by the Parks Commission. Because the site has a DNR easement, the trail requires DNR approval. The City has been waiting since April for DNR approval. Hank Gray,231 North Everett Street, of Stillwater Area Scholastic Cycling Advocates,explained the proposal. The trail is designed to be a beginner and intermediate mountain bike trail, appropriate for walking and snowshoeing as well. It will offer safe off-road riding that is lacking in the area. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to authorize the Mayor to sign the letter to the DNR as presented. Request for height variance for remodel of building located at 275 South Third Street Community Development Director Turnblad reviewed the request for a Special Use Permit(SUP) for the top story conversion to two residences for the structure located at 275 Third Street South. The Planning Commission approved the SUP for the two residences in the Central Business District and the Heritage Preservation Commission approved the design. The conversion of the third story includes the removal of a triangular-shaped roof feature and replacing it with an approximately 760 square foot rooftop access. The new rooftop access would also serve as a skylight to one of the new third-story apartments. The proposed height is 41', 6' greater than the 35' maximum height allowed in the Height Overlay District. The existing height of the gable is 41'. The new rooftop addition will not exceed the existing height. The Planning Commission heard this variance request at the time of the SUP application. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2015-013, approving a variance to the height of the structure located at 275 Third Street South,Case No. 2014-35. Page 8 of 10 City Council Meeting January 6, 2015 Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of a request for no parking on a portion of 63rd Street Public Works Director Sanders informed the Council of a request from the Stillwater School District for "No Parking" on a segment of 63rd Street located on the south side of Oak Park Elementary School, between Osman Avenue North and Oxboro Avenue North, due to safety concerns. Staff recommends approval. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2015-014, approving no parking for 63rd Street between Osman Avenue North and Oxboro Avenue North during the hours of 8 a.m. to 3:30 p.m. Monday through Friday. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: None COUNCIL REQUEST ITEMS Councilmember Weidner mentioned that a Stillwater resident is badly needed for the Joint Cable Commission, which has four meetings a year. Councilmember Polehna thanked Councilmember Weidner for his work taking down the Christmas tree lights. ADJOURNMENT Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adjourn the meeting at 8:38 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: A4a/te /� l1e'1..7° )Ce e __ Diane F. Ward, City Clerk Resolution 2015-001, directing the Payment of Bills Resolution 2015-002, designation of Depositories for 2015 Resolution 2015-003, designating a responsible authority and assigning duties in accordance with the State of Minnesota Data Practices Statute Resolution 2015-004, designating the Stillwater Gazette as the City's legal publication and approving contract with the Stillwater Gazette for 2015 Resolution 2015-005,resolution accepting cash donations Resolution 2015-006,Approving Exhibit A as it relates to Resolution 2013-057, Resolution establishing procedures relating to compliance with reimbursement bond regulations under the Internal Revenue Code Resolution 2015-007, appointments to Library Board Resolution 2015-008, approval of Employment Contract with J. Thomas McCarty for Stillwater City Administrator Page 9 of 10 City Council Meeting January 6, 2015 Resolution 2015-009, approving 2015 Special Event and Contract for Cruisin' on the Croix Resolution 2015-010, approving 2015 Special Event and Contract for Rivertown Art Festival Resolution 2015-011, a resolution 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 2015-012, designating Council Vice Mayor Resolution 2015-013, resolution approving a variance to the height of the structure located at 275 Third Street South, Case No. 2014-35 Resolution 2015-014, approving No Parking for 63rd Street between Osman Avenue North and Oxboro Avenue North during the hours of 8 a.m. to 3:30 p.m. Monday through Friday Resolution 2015-014A, a resolution terminating development contract Page 10 of 10