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Home My WebLink About2015-10-06 CC MIN ater TME 11ITNPL1 CE If MINN COSTA CITY COUNCIL MEETING MINUTES October 6,2015 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator McCarty City Attorney Magnuson City Planner Wittman Public Works Director Sanders Finance Director Harrison Police Chief Gannaway Fire Chief Glaser City Clerk Ward OTHER BUSINESS Discussion on Stillwater Yacht Club City Planner Wittman explained that a little over a month ago, Dick Johnson came in asking for a permit for a temporary roof on the clubhouse. She prepared the research provided to Councilmembers, and reported the current situation: there is an open unroofed, OSB-sided structure,constructed on top of a basement that was constructed in 2008,without proper approvals from the City or the DNR. She added, since that time no work has occurred and the OSB has rotted. She stated that the Building Inspector considers it abandoned and dangerous,and questions the structural integrity of all the walls. Ms. Wittman continued that a building permit cannot be issued by the City for a roof, temporary or otherwise. She reviewed the history of the site, and indicated that Staff recommend abatement of what is considered a nuisance. Council should either 1) direct staff to declare the building unsafe and order abatement; or 2) schedule a hearing under the Hazardous and Substandard Building Act. City Attorney Magnuson confirmed that one approach would be through the City Code,to ask for abatement as a nuisance; another approach would be to go directly to the District Court with an action under the Dilapidated Building Act. City Planner Wittman conveyed that the DNR would support whatever action the City chose to take. Councilmember Menikheim expressed that he feels the City should declare it a nuisance. Councilmember Weidner pointed out if it is hazardous, it needs to be abated; the Council should issue a nuisance abatement order, so property owners can come before the Council and explain their plan to bring it into compliance. City Council Meeting October 6, 2015 Councilmember Junker suggested meeting with all the owners to tell them the building on those walls cannot continue; if the partners do not want to comply in an orderly fashion and reasonably fast,then the City should take the next step. City Attorney Magnuson explained that the normal course would be to direct the City Administrator to sign an abatement order based upon the Building Inspector's findings;this would give the owner 20 days to respond. It was the consensus of the Council for the City Attorney to prepare an abatement order,and City Planner Wittman agreed to confer with the DNR about how the basement may be filled, and to inform all the interestedp arties. Review of Strategic Plan Action Plan City Administrator McCarty led discussion of the Strategic Planning process to date.He reviewed the list of items that Staff were directed to establish an action plan. He stated that progress will be tracked and shared with the Council. STAFF REPORTS Public Works Director Sanders reported that the east wall of the Shoddy Mill stone building is bowing out, and that it would be in the City's best interest to put up some temporary shoring for the building, at an estimated cost of$2,300. He added that this could be done in the next week or two. Mr. Sanders also stated that since MnDOT announced there will be a delay in completion of the bridge, everything else would be delayed. He asked MnDOT to consider putting in a temporary trail on the lower loop trail up to the Sunnyside entrance. He continued that MnDOT agreed to put in a gravel trail to provide the connection for future trails. RECESS The meeting was recessed at 5:35 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Absent: Councilmember Weidner Staff present: City Administrator McCarty City Attorney Magnuson Public Works Director Sanders Police Chief Gannaway Fire Chief Glaser City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. it Page 2 of 6 City Council Meeting October 6, 2015 APPROVAL OF MINUTES Possible approval of September 15, 2015 regular meeting minutes Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the September 15, 2015 regular meeting minutes. All in favor. PETITIONS,INDIVIDUALS DELEGATIONS & COMMENDATIONS Certificates of Appreciation for assistance in tree planting—Lions Club&Craig Primoli,Yardmasters Mayor Kozlowski presented a Certificate of Appreciation to a representative of the Lion's Club for assistance in tree planting. Proclamation Fire Prevention Week Mayor Kozlowski read a proclamation designating Fire Prevention Week October 4-10, 2015. Fire Chief Glaser emphasized the need to have working smoke detectors, check batteries,replace electric smoke detectors that are over 10 years old, and practice a fire escape plan. He invited the public to the dedication of the new fire station on Saturday, October 10. Members of the Fire Department came forward to be recognized. OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2015-174,directing payment of bills Resolution 2015-175,approving assignment agreement with the Veteran's Memorial Committee for 2016 Resolution 2015-176, approval of letter of understanding for Impound Housing Services for 2016 Possible approval of temporary liquor license for St. Croix Kids organization fundraiser on October 29, 2015 Possible approval of temporary liquor license for Valley Chamber Choral for December 11- 13, 2015 Possible approval to purchase microcomputer for smart board—MIS Possible approval of painting quotes for City Hall Resolution 2015-177, adopting delinquent clean up services charges Resolution 2015-178, adopting delinquent parking mitigation variance fees Possible approval of acceptance of utilities and streets Liberty West Resolution 2015-179, a resolution authorizing a contract for The Boutwell Cemetery Stone Cleaning Councilmember Polehna requested discussion about item #15 - Veterans Memorial Agreement. He stated he is not opposed to the agreement, but he received complaints about the trees being taller than the shrubs in the shrub beds. Public Works Director Sanders confirmed that he would contact the Veterans Memorial Committee about the issue. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent Agenda. Page 3 of 6 City Council Meeting October 6, 2015 Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Nays: None PUBLIC HEARINGS A public hearing to consider the assessments for the 2015 Street Improvement Project(Project 2015- 02, L.I. 406). Public Works Director Sanders reported that construction on this year's street improvement project is ongoing,with the remainder of work being sidewalks will be installed and streets paved; streets include Market Drive/North Frontage Road from Curve Crest Boulevard to Washington Avenue; North Second Street from Myrtle Street to Laurel Street; and North Fourth Street from Myrtle Street to Laurel Street. Mr. Sanders stated that final project costs are estimated at $579,151.84. According to the City's assessment policy,properties in the Industrial Park(Market Drive and the North Frontage Road) would be assessed at 100% and the remaining properties at 80%. Staff recommended that Council hold the assessment hearing and adopt the assessment roll. Mayor Kozlowski opened the public hearing.There were no public comments.The public hearing was closed. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2015-180,adopting assessments for the 2015 Street Improvement Project(Project 2015-02)L.I. 406. Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Nays: None UNFINISHED BUSINESS Possible approval of reimbursement of Trail Repair—Terra Springs—Building 1 City Attorney Magnuson informed the Council that the possible agreement regarding the Terra Springs Maintenance Fund remained on hold, with staff and the HOA Board looking for a way forward; the funds remain on deposit with the City with the obligation in the Development Agreement that the funds be held and administered for"extraordinary maintenance and repair or capital improvements to the Trail and the Interpretation System,and not for ongoing and ordinary maintenance." He indicated that staff is satisfied the conditions of payment are complete and recommended that this be paid as requested. Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2015- 181, approving the reimbursement of Trail Repair for Terra Springs, Building 1. Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Nays: None Possible approval of second reading of Ordinance 1083, an ordinance amending the City Charter City Attorney Magnuson reviewed the ordinance,which provided that the same standards for the appointment of a new Mayor as those for appointment of the rest of the Council. He added that it also clarified that three members shall constitute a quorum, and that no member of the Council may have other City employment. Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Ordinance 1083, amending the Stillwater City Charter. Page 4 of 6 City Council Meeting October 6, 2015 Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Nays: None NEW BUSINESS Possible approval of final plat and development agreement for Rutherford Station Public Works Director Sanders noted that the Developers Agreement and Final Plat were approved last year,but there were delays. He pointed out that now the developer would like to do the same development, only in three phases. Staff has rewritten the developer's agreement and recommended approval. Staff also requested approval of the first phase of the development, with conditions concerning revised plans and adjused fees accordingly to each phase. Chris Aamodt, Settler's Pines, LLC, stated he plans to start this year, and that Staff have been phenomenal in helping with the request. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2015-182, approving the revised development agreement for Rutherford Station, Case No. 2014-26. Ayes: Councilmembers Menikheim, Junker, Polehna and Mayor Kozlowski Nays: None Motion by Councilmember Junker, seconded by Councilmember Polehna,to adopt Resolution 2015- 183, approving the final plat for Rutherford Station, Case No. 2014-26. Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS Councilmember Polehna mentioned that a Pheasant Hunt for the Troops will take place this weekend. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn the meeting at 7:33 p.m. All in favor. Zet9 • Ted Kozlowski, Ma r ATTEST: Diane F. Ward, City Clerk Page 5 of 6 City Council Meeting October 6, 2015 Resolution 2015-174,directing the Payment of Bills Resolution 2015-175,approving assignment agreement with the Veteran's Memorial Committee for 2016 Resolution 2015-176, approving letter of understanding for Impound Housing Services for 2016 Resolution 2015-177, adopting delinquent clean up services charges Resolution 2015-178, adopting delinquent parking mitigation variance fees Resolution 2015-179, authorizing a contract for the Boutwell Cemetery Stone Cleaning Resolution 2015-180, adopting assessment for the 2015 Street Improvement Project(Project 2015-02) L.I. 406 Resolution 2015-181, approving the reimbursement of Trail Repair for Terra Springs, Building 1 Resolution 2015-182, approving the revised Development Agreement for Rutherford Station, Case No. 2014-26 Resolution 2015-183, approving the final plat for Rutherford Station, Case No. 2014-26 Ordinance 1083,Amending the Charter of the City of Stillwater Page 6 of 6