Loading...
HomeMy WebLinkAbout2016-05-17 CC MIN 11 ater TME IIRTNPLACE Of MINNESOTA CITY COUNCIL MEETING MINUTES May 17, 2016 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Community Development Director Turnblad City Planner Wittman Finance Director Harrison City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of May 3, 2016 regular and recessed meeting minutes Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the minutes of the May 3, 2016 regular and recessed meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Chad Jansen, Jake Bell and Bill Peltier and EMS Week Mayor Kozlowski read a Proclamation designating May 15-21 as Emergency Medical Service Week, and commending the outstanding performance of EMS Crew honored by Regions Hospital: Stillwater Captain Chad Jansen, Fighter/Engineers, Bill Peltier and Jake Bell. Fire Chief Glaser explained the lifesaving incident for which the team was honored. He acknowledged Jack Hammond and his parents Steve and Holly Hammond, who were assisted by the team. Augsburg College MBA Student Presentation on Economic Development City Administrator McCarty explained that students from an MBA program at Augsburg College have been working on a project on behalf of the City in regard to economic development in Stillwater. City Council Meeting May 17, 2016 Amy Guerin, Allyssa Mashak, Jessica Niesen, Brian Noy, and Sean Racheford, and Augsburg College, provided a presentation about"Making Stillwater a Year-Round Town."They reviewed winter activities held in other cities which may be beneficial for Stillwater. Councilmembers thanked the students for their recommendations. Heritage Preservation Awards Brian Larson, Chair of the Heritage Preservation Commission, acknowledged May is National Preservation Month. He summarized highlights of the HPC's work in 2015. Heritage Preservation Awards were presented to Jeremy and Sara Imhoff, 514 St. Croix Avenue West; Tim and Catherine Michael, 126 Main Street North; and Randy Raduenz. OPEN FORUM Eric Solberg, 2064 Oak Glen Drive, acknowledged that the proposed yard parking ordinance which had been under discussion for a year was not adopted. He asked if the Council will be drafting different regulations or giving up on a yard parking ordinance. He urged the Council to adopt some common sense regulations on yard parking, taking into consideration residents who do not have choices in regard to where to park. He would like some discussion at the next Council meeting. Mike Robinson, 801 Pine Street West, the Elephant Walk Bed and Breakfast, spoke about the need to enforce zoning regulations affecting short term rental lodging operations. He pointed out a known violator who is still advertising for guest reservations. He criticized the City's handling of the situation, and the City notification to that individual indicating they could honor existing reservations but take no new reservations. STAFF REPORTS Police Chief Gannaway informed the Council that a new siren will be placed on Third Street near the parking ramp which will effectively cover downtown. Mayor Kozlowski recognized the need for education from Washington County on what triggers the sounding of the sirens. Chief Gannaway also noted the Stillwater Police Department's Bike Rodeo was successful. He thanked businesses and organizations that sponsored and staffed the event. He also stated the Law Enforcement Memorial Service was well attended. Community Development Director Turnblad stated that quotes will be forthcoming for planning consultant help with a couple projects including the VRBO short term rental lodging study and the Aiple Concept Plan. He expects to award the contract at the June 7 meeting. Public Works Director Sanders reported that Washington County will have an open house about County Road 12 improvements on May 25 at Rutherford School. The County's contractor will start on the Manning and Highway 96 roundabout in a couple weeks. City Administrator McCarty reminded the Council that the LMC Annual Conference is June 15- 17. The Classification/Compensation Study will kick off Thursday with an overview for City staff CONSENT AGENDA Resolution 2016-101, directing payment of bills Page 2 of 8 City Council Meeting May 17, 2016 Resolution 2016-102, resolution approving adjustment in the City Administrator's salary based on satisfactory one year performance evaluation as provided in the City Administrator Employee Agreement Resolution 2016-103, approving Access Agreement with Park Construction for construction staging on the Palmer Property Resolution 2016-104, accepting proposal from WSB & Associates for MS4 Storm Water Management Program Updates Possible approval to purchase NFPA compliant hose—Fire Department Resolution 2016-105, approving new On-sale and Sunday Liquor License to Ziggy's LLC; DBA: Ziggy's Restaurant Resolution 2016-106, approving cooperative agreement between City of Stillwater and Brown's Creek Watershed District for the Brown's Creek Park Project Resolution 2016-107, approving Minnesota premises permit for lawful gambling for St. Paul Firefighters, Local 21, located at No Neck Tony's, 231 Myrtle Street, Stillwater, MN Possible approval of Sanitary Sewer Adjustments Councilmember Weidner asked to pull Resolution 2016-103, approving Access Agreement with Park Construction for construction staging on the Palmer Property. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda as amended. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Regarding the Access Agreement for construction staging on Palmer Property, Councilmember Weidner questioned whether it is prudent for the contractor to bury the concrete from an old foundation on the site. He expressed concern about the likelihood of rebar and cement coming up in the fields that are constructed at a later date. He would like to see whether the contractor could haul the concrete away rather than burying it. Councilmember Polehna agreed. Public Works Director Sanders replied that the contractor may ask the City to pay for hauling and dumping. He agreed to discuss the issue with Park Construction and report back to the Council. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to table Resolution 2016-103, approving Access Agreement with Park Construction for construction staging on Palmer Property, to Friday, May 20. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None PUBLIC HEARINGS Case No. 2016-14 A public hearing to consider a request by Kenneth Heifort, for a concept Planned Unit Development, Preliminary Plat, and a Zoning Map Amendment for The Ponds at Heifort Hills, a 24-lot residential subdivision to be located at 8753 and 8911 Neal Avenue North, currently located in the AP Zoning District Community Development Director Turnblad explained that Richard Gagne, representing The Ponds at Heifort Hills, LLC, is proposing to develop the 25 acre Heifort property, located at 8753 Page 3 of 8 City Council Meeting May 17, 2016 & 8911 Neal Avenue North. The development project is designed as a two-phased Shoreland Planned Unit Development (PUD). The first phase is to develop the south half of the site with 24 detached townhomes. The second phase would create another 24 houses. The developer is requesting approval of: a)first reading of an ordinance to rezone phase one's 15.2 acres from AP, Agricultural Preservation to RB,Two-Family Residential; and b) Concept Shoreland PUD Permit approval for 25 acres encompassing both phases of development; and c) Preliminary Plat approval for The Ponds at Heifort Hills, which includes the 24 homes of the first phase. Staff recommends approval of the requests with 23 conditions. Mayor Kozlowski opened the public hearing. Gary Jorgensen, 13187 Dellwood Road North, identified himself as the property owner northeast of the second phase of the development. He stated he was disappointed at not being re-notified of the public hearing after it was tabled. He asked about the impact to his property and his future ability to develop his property. Community Development Director Turnblad responded that for phase two, a recommended condition of PUD approval is that when phase two is platted, consideration must be given to platting a right of way and to providing sewer and water to Mr. Jorgensen's property. When phase two preliminary plat approval comes before the Council,the developer will have to include plans for how sewer and water would be extended to that property line. Councilmember Weidner suggested that Mr. Jorgensen contact the Planning Department to discuss the possible future right of way. Councilmember Junker asked about the classification of the cul-de-sac. Mr. Turnblad responded that staff contacted MnDOT which indicated they would not allow an additional access point. It m has not been resolved yet as to how many more homes could be added. The discussion is premature. When the developer comes back with a preliminary plat for phase two, that will need to be resolved. Mayor Kozlowski closed the public hearing. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2016-108A, approving the Concept Planned Unit Development for The Ponds at Heifort Hills, a detached townhome development located on Neal Avenue North(Case No.2016-14)and first reading of an ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately 15 acres to RB, Two-Family Residential, and to adopt Resolution 2016- 108B, approving the Preliminary Plat for The Ponds at Heifort Hills, a detached townhome development located on Neal Avenue North (Case No. 2016-14), with 23 conditions recommended by staff. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None UNFINISHED BUSINESS Possible approval of bids and awarding of contract for 2016 Street Improvement Project, Project 2016-02 Public Works Director Sanders informed the Council that bids were received for the 2016 Street Improvement project, with the low bid of $1,115,948.25 submitted by Miller Excavating. The engineers estimate was $1,281,000. Included in the bid package was an alternate bid for total Page 4 of 8 City Council Meeting May 17, 2016 reconstruction on three streets that share a border with Oak Park Heights: Orleans,64th and Ozark. The results of the alternate were sent to the City of Oak Park Heights for review, but Oak Park Heights has not yet indicated whether they want to proceed with the bid alternate. Staff would like to proceed without approving the bid alternate. Approval of the bid alternate may come the first meeting in June in the form of a change order. Staff has discussed this with the contractor, and finds this acceptable. Staff recommends that the City accept the bids submitted for the 2016 Street Improvement Project, Project 2016-02, and award the contract,without the bid alternate to Miller Excavating. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2016-109, accepting bid and awarding contract for 2016 Street Improvement Project (Project 2016- 02). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None NEW BUSINESS Aiple Property Update Community Development Director Turnblad reviewed the terms of the City's January 2014 Joint Powers Agreement with Washington County for the purchase of the Aiple property on North Main Street. He stated that the County Board is anxious for the City to close on the property, but the concept plan and conservation easement need to be created and agreed upon. Mr. Turnblad recapped impediments to creation of the concept plan: community engagement is an intentionally slow and methodical process, and the future of the former Aiple house is under debate. He stated that the County recognizes that the time involved in creating the concept plan for the property could well linger on beyond the December 31,2016 closing deadline. Therefore,the County offers to amend the agreement to allow the property conveyance to occur when the conservation agreement is recorded. The concept plan itself could follow subsequent to the closing. The County amendment offer would allow the closing to occur soon,but it creates concern amongst some City quarters that once the County has been paid, they may be less motivated to agree to a future concept plan that is also acceptable to the City. Staff asks the Council to consider the options and give staff direction on how to proceed. Councilmembers Junker, Polehna and Weidner recognized the need to take adequate time with creating a concept plan. City Attorney Magnuson acknowledged that there are significant differences in the County's versus the City's vision for the property. The County would still need to approve of the City's concept for the property before closing. Councilmember Junker pointed out that even with an extension, the County would still hold responsibility for current maintenance of the site such as cutting the grass. He asked if there has been any thought of someone living there for a year and taking care of the property temporarily, and Mr. Turnblad agreed that it is worth investigating what can be done in the short term with the building, if it could be rented out to facilitate maintenance and prevent vandalism. Councilmember Menikheim asked about progress in the conversations with the County, and City Administrator McCarty responded that the two staffs have been in discussion; there are many contingencies involved. He agreed to contact the County Administrator and discuss options in light of the concerns discussed by the Council tonight. Page 5 of 8 City Council Meeting May 17, 2016 Consideration of a Chicken Keeping Permit at 1609 Morningside Drive Community Development Director Turnblad stated that Doug and Nicole Lange wish to keep chickens at 1609 Morningside Drive. Their application meets the requirements of City Code. However, one neighbor has objected to the permit, citing concern about the possibility of neighborhood dogs barking all day due to the presence of chickens. Staff recommends one-year provisional approval. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to approve a one- year provisional chicken keeping permit for Doug and Nicole Lange, 1609 Morningside Drive. Ayes: Councilmember Menikheim, Weidner and Mayor Kozlowski Nays: Councilmembers Junker and Polehna Possible approval of resolution and contract for participation in Solar Garden City Administrator McCarty briefed the Council on the agreement with Geronimo,LLC,allowing the City to be part of the Solar Garden. Under the agreement, Solar energy would provide about 7.5% of the City's electric energy annually, resulting in a credit to the City of about $5,000 per year. City Attorney Magnuson noted that because of the City's commitment, if the solar garden is built, the City will receive a credit. He sees no financial risk to the City associated with the agreement. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution 2016-110, approving solar garden subscription agreement between Geronimo Energy, LLC, BHE Renewables, LLC and the City of Stillwater. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Discussion on 2016 COPS Grant Police Chief Gannaway reported that the application period for the 2016 COPS Grant is now open. COPS Grants are federally funded law enforcement positions that are funded through the US Department of Justice. Positions are funded at 75%, up to $125,000 per position(including salary and benefits)for three years. Staff is requesting approval to apply for one position,school resource officer. The Stillwater Police Department's `authorized' strength is 23 sworn officers. The City currently has 21 officers. Two positions were cut in 2009 as the result of the economic downturn and significant cuts to LGA. They have not been replaced. The Police Department has significant staffing issues. Mayor Kozlowski asked if the school district may fund the City's 25%, and Chief Gannaway stated he would consult the school district, but would first like to have Council approval to proceed. The current school resource officer is .5 FTE which is half funded by the school and half by the City. Councilmember Weidner noted that even if the school district pays the 25%, the City would still be moving the previous person into a different position so the City would still be paying the 25% costs. City Administrator McCarty stated there is an extensive grant application package to complete and if the Council considers approval tonight, staff would bring back a resolution that has all the costs included. Page 6 of 8 City Council Meeting May 17, 2016 Council consensus was to support the grant application in concept, instruct staff to start on the application process and bring back a resolution for approval with actual costs at the June 7th meeting. COUNCIL REQUEST ITEMS Phipps Center for the Arts - Art Bench Trail Community Development Director Turnblad reported that The Phipps Center for the Arts would like to create an art bench to be placed in Lowell Park. The Parks Commission held discussion, but deferred a decision until after the downtown plan update, which is just beginning. Now the question is whether there is an alternative location in the City that would work for an art bench in 2016. A decision is needed at this time. Councilmember Polehna added that the Parks Commission discussed Bridgeview Park as a possible location. Chloette Haley, SRI, who does the administrative work for the group, told the Council the art bench project has been in process for a number of months. The river is the focus of the group because the bench will depict the Red Cross. For over 100 years, the Red Cross has served Washington County and portions of Wisconsin, so having the bench along the river is most appropriate. A group of Stillwater Junior High School students is planning to work on the project during the month of June. Funding has been provided for ongoing maintenance and upkeep, as the bench is proposed to be a permanent structure. Mayor Kozlowski stated he would still like the bench to be in Lowell Park, but the City cannot commit to that at this point due to the downtown plan in process. Councilmember Polehna suggested a location immediately south of the Dock Cafe that sticks out into the river that is City-owned. Community Development Director Turnblad stated the area is in need of some clean-up before a bench would be placed there. Council consensus was to direct staff to work with The Phipps and SRI to determine the location. Beyond the Yellow Ribbon Update Councilmember Polehna noted there is a Beyond the Yellow Ribbon meeting next week. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the meeting at 9:36 p.m. All in favor. Ted Ko.lowski, or ATTEST: fl , `4f. J `Thomas McCarty, Acting eity Clerk Page 7 of 8 City Council Meeting May 17, 2016 Resolution 2016-101, directing payment of bills Resolution 2016-102,resolution approving adjustment in the City Administrator's salary based on satisfactory one year performance evaluation as provided in the City Administrator Employee Agreement Resolution 2016-104, accepting proposal from WSB & Associates for MS4 Storm Water Management Program Updates Resolution 2016-105, approving new On-sale and Sunday Liquor License to Ziggy's LLC; DBA: Ziggy's Restaurant Resolution 2016-106, approving cooperative agreement between City of Stillwater and Brown's Creek Watershed District for the Brown's Creek Park Project Resolution 2016-107, approving Minnesota premises permit for lawful gambling for St. Paul Firefighters, Local 21, located at No Neck Tony's, 231 Myrtle Street, Stillwater, MN Resolution 2016-108A, approving the Concept Planned Unit Development for The Ponds at Heifort Hills, a detached townhome development located on Neal Avenue North (Case No. 2016-14) Resolution 2016-108B, approving the Preliminary Plat for The Ponds at Heifort Hills, a detached townhome development located on Neal Avenue North (Case No. 2016-14) Resolution 2016-109, accepting bid and awarding contract for 2016 Street Improvement Project (Project 2016-02) Resolution 2016-110, approving solar garden subscription agreement between Geronimo Energy, LLC, BHE Renewables, LLC and the City of Stillwater. Page 8 of 8