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HomeMy WebLinkAbout2016-07-05 CC MIN ater IME IIOTWOLECE Of YIIIMEIETI. CITY COUNCIL MEETING MINUTES July 5,2016 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Public Works Director Sanders Police Chief Gannaway Fire Chief Glaser City Clerk Ward OTHER BUSINESS Discussion on noise variance for American Heroes Golf Classic -August 12, 2016 Nicki Roland Ecker and Brian Nicholetti, board members for the American Heroes Golf Classic, explained that this is the 10th year of the golf classic and they would like a variance to the noise ordinance until 12 a.m., as they are having a live band. They added that neighbors have been contacted and invited. Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve a variance to the noise ordinance for the Bryan McDonough Military Heroes Foundation (American Heroes Golf Classic) for Friday,August 12, 2016. All in favor. Councilmember Menikheim suggested going until 11 p.m. and questioned why the veterans should receive any more consideration than other groups, adding that he is a veteran. Mayor Kozlowski pointed out the foundation has been coordinating with the neighbors and has been a well-run event for years. Councilmember Weidner stated he supports the variance because of the location, surrounded by green space in a remote location that appears protected from most residents. Information on Temporary Health Care Dwellings law Community Development Director Turnblad reviewed recent legislation that allows for temporary transitional housing for family member seniors for six months or one year. They would need to obtain a permit from the City. If the Council wishes to opt out of the legislation, an ordinance would need to be passed before September 1. Councilmembers Weidner and Junker expressed a desire to opt out of the program. Councilmember Menikheim stated he would support participation in the program. City Council Meeting July 5,2016 Mayor Kozlowski stated he is not entirely opposed to the idea of the program, but would like more time to decide whether or not to opt out. Council consensus was to bring the issue back to the next meeting for a possible vote. Discussion on request for Lumberjack Days additional activity City Administrator McCarty informed the Council that The Locals have proposed two additional events to be conducted in conjunction with Lumberjack Days 2016: a 5K Run on July 16, and helicopter rides from Mulberry Point on July 16 and 17. The additional events require City Council approval. Staff recommends approval of the 5K run but not the helicopter rides due to staff concerns about safety and proximity to businesses and other events. Erin McQuay,The Locals, stated that the 5K race would be put on by Meet the Monsters, starting and ending at Pioneer Park. There are over 40 racers registered. Adam Chunn, Lake Superior Helicopters, LLC, explained that the group does about 30 events throughout Minnesota each year. The pilots are all instructors. The event would feature one helicopter. Councilmember Dunker expressed surprise at how suddenly the helicopter rides came up since Lumberjack Days is coming up fast. Councilmember Menikheim echoed staffs concerns about the helicopter rides due to his military experience with helicopters landing on ships. He expressed concern about the number of staff required for damage control, rotor wash and safety issues. He feels a helicopter ride is a great amenity but not in the middle of all the Lumberjack Days activity. He would rather see the rides take off from a less busy area. Brad Glynn, The Locals, stated they considered staging the helicopter rides from other areas but prefer to use Mulberry Point. He added that the helicopters are small, create little splash, and are quieter than the speakers downtown. Councilmember Junker stated the helicopter rides sound great but he is apprehensive and would like time to watch a video showing the company's operations. Councilmember Weidner asked about the insurance policy which he feels may be inadequate if there is a significant incident. Mr.Chunn provided a video showing the helicopter rides and the decibel levels created.He added that the helicopters commonly land in heavily populated areas.Councilmember Menikheim asked if they have had an incident in their five years of operation. Mr. Chunn replied they have not. Mayor Kozlowski asked if The Locals looked at Bridgeview Park as a staging area. Mr. Glynn stated he did not. Councilmember Polehna agreed that he would like to see staff should look at Bridgeview Park and give the Council advice on having the helicopter rides in that location. Councilmember Weidner pointed out that the videos all show less crowded areas than there would be on Mulberry Point.He voiced concern about the proximity of people,tents and other activities to the landing zone. He also would like more information about the insurance policy. Mr. Chunn stated the insurance companies will not insure a piston helicopter for any more than the amount of insurance they have. Councilmember Weidner clarified he is concerned with the $5 million liability policy. Councilmember Polehna stated the State of Minnesota requires a certain amount of liability insurance and if the event does not have that amount,then the City would have to pay out in the event of a claim. Page 2 of 8 City Council Meeting July 5, 2016 City Attorney Magnuson stated the City's insurance liability limit is$1.5 million combined, so if there were 100 people injured, they would have to divide the $1.5 million. If the helicopter were to crash,he doesn't think the City would be liable but the aircraft owner would probably be liable. He stated he could check with the insurance trust to see if the City is fully covered and also with the Lumberjack Days policy,possibly getting the helicopter company to be named as an additional insured. Councilmember Junker pointed out that using Bridgeview Park would create other issues such as having to shuttle the customers down the trail and possibly shutting down the trail to bikers and walkers. Council consensus was to continue the discussion to the 7 p.m. meeting after the helicopter company representative and The Locals check Bridgeview Park to see if it would work.Then staff would look at that location. Motion by Councilmember Junker, seconded by Councilmember Weidner, to approve the 5K race. All in favor. STAFF REPORTS Police Chief Gannaway reported that the Fourth of July celebration went well. There were 20- 30,000 people. It took one hour to clear downtown. There were 53 calls for service but no major incidents. Fire Chief Glaser Stu agreed it was full Fourth of July with several spot fires. There were 32 calls in three days and 12 calls on the Fourth alone. The Council thanked staff for their hard work. Community Development Director Turnblad updated the Council on the process of Special Use Permit sun setting. A first SUP is allowed 24 months to get up and running. If the use is inactive for six consecutive months, it expires but the applicants can ask for an extension.They should do this before it expires. In response to a Council request at a previous meeting, City Administrator McCarty stated that the Zoning Administrator position could be created during the budget process or during the year if there is funding available. The Community Development Department has requested a Zoning Administrator position be created as of January 2017 at an estimated annual cost of$78,000 including benefits. Funding options are to use existing department funds or to authorize funds to be transferred from the General Fund, Typically it takes 75-90 days to get a position filled once the position is created. The request will be in the 2017 budget to be presented August 16. The Council may look at creating the position in 2016 if it identifies funding. Motion by Councilmember Weidner, seconded by Councilmember Junker,to approve the creation of a Zoning Administrator position in 2016 and authorize filling of the position, to be funded from the current 2016 budget.All in favor. City Administrator McCarty stated that the Finance Department is in the process of putting together a preliminary budget proposal. The Classification Compensation Study materials are on their way to the consulting firm and the review is taking place. Further information should be available to the Council in August. RECESS Mayor Kozlowski recessed the meeting at 5:49 p.m. Page 3 of 8 City Council Meeting July 5, 2016 RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison Police Chief Gannaway Fire Chief Glaser 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 13 and May 20, 2016 special meeting minutes and June 21, 2016 regular meeting minutes Motion by Councilmember Junker,seconded by Councilmember Polehna,to approve the May 13 and May 20, 2016 special meeting minutes and the June 21, 2016 regular meeting minutes. All in favor. PETITIONS,INDIVIDUALS,DELEGATIONS & COMMENDATIONS Helicopters in Bridgeview Park Erin McQuay,The Locals, and Adam Chunn,Lake Superior Helicopters LLC,reported that upon inspection,there is plenty of space at Bridgeview Park for the helicopter to take off and land. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to direct The Locals to work with staff to allow helicopters in Bridgeview Park during Lumberjack Days Saturday and Sunday,July 16 and 17.Councilmember Weidner amended the motion, and Councilmember Polehna agreed,to include the times of from 10:30 a.m.to 6 p.m. for the helicopter rides.All in favor. Mikaela Huot, Springsted, regarding the possible approval of resolution preliminarily providing for the issuance of Tax Increment Revenue Refunding Bonds (Territorial Springs and The Lofts of Stillwater projects), Series 2016c Mikaela Huot, Springsted,explained the refinancing would combine the three obligations into the one obligation. The resolution authorizes the sale of the bonds. City Attorney Magnuson reviewed the reason for the bonding refinance. It is in furtherance of the settlement agreement reached with Terra Springs partners. It is advantageous for the City to refinance two tax increment bond issues which were initially at a higher rate. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2016-137,authorizing the sale of Tax Increment Financing refunding bonds. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Nays: None Page 4 of 8 City Council Meeting July 5, 2016 Lumberjack Days Update-The Locals Erin McQuay updated the Council on preparations for Lumberjack Days. Dave Ratte, Parade Coordinator, shared plans for the parade. Councilmembers thanked The Locals for excellent work making Lumberjack Days a great family- friendly community event. OPEN FORUM Cameron Murray, 350 Main Street North, a resident of Stillwater Mills, thanked the City for setting up the Downtown Plan Workshop which he attended. An issue commonly expressed and experienced during the workshop was the noise from motorcycles. He hopes the issue will be included in the Downtown Plan and Comprehensive Plan, and asked for enhanced enforcement of ordinances and continued outreach to motorcyclists. Police Chief Gannaway stated the last few years the Department has done extra enforcement. He will come back with additional plans for reducing motorcycle noise. Bob Katula, 107 Laurel Street East, agreed there is a problem with motorcycle noise. He recalled in 2007 Chief Gannaway was going to do more enforcement. The issue is growing. He asked for more enforcement of existing ordinances and provided examples of ways other communities have addressed the issue. Jackson Franz, 1311 Dallager Court and Josiah Gregg, Stillwater Township,asked the Council to consider a ban on plastic bags for environmental purposes. They provided facts about the negatives of using plastic bags. Councilmember Menikheim suggested they become more involved with Sustainable Stillwater. Mayor Kozlowski noted he has received similar requests from students. He would like to look at the issue. Mike Robinson, 801 Pine Street West, agreed that there is a motorcycle noise problem. He provided a list of properties which are running lodging establishments and should be collecting lodging tax. He added there has been no enforcement. City Attorney Magnuson provided an update on the Council's short term rental review. Staff has attended two online seminars on how to approach the regulation of short term rentals, which are an issue throughout the U.S. It would be hard for the City to tax the properties without implying their legitimacy. It is hoped that by the end of the summer a draft regulation can be circulated for review. He assured that staff is taking the issue very seriously and doing a thoughtful job in drafting regulations for Council review. Mr. Robinson stated he wished the staff had informed him of the progress on the issue. CONSENT AGENDA Resolution 2016-132,directing the payment of bills Resolution 2016-133,amending the Special Use Permit(SUP)for a Bed and Breakfast at 807 Harriet Street South, Case No. 2016-21 Possible approval to purchase Human Resources software Resolution 2016-134,approving the reallocation of funds in the Capital Improvement Budget Resolution 2016-135,appointing election judges and fixing compensation Possible approval of ERM for consultant services for 2015-2016 Myrtle Street Lift Station Rehabilitation Project Page 5 of 8 City Council Meeting July 5, 2016 Resolution 2016-136, approving license dba name change from Lion's Main to Lion's Tavern Councilmember Weidner requested that Resolution 2016-134, approving the reallocation of funds in the Capital Improvement Budget, be removed from the Consent Agenda for discussion. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda as amended. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner,Polehna Nays: None Councilmember Weidner asked about the reallocation of funds in Resolution 2016-134. City Attorney Magnuson clarified that a reallocation done earlier in the year was to correct a historical record regarding funds gifted to the library.Tonight's resolution is for a different action, funding set aside for one purpose which the Library Board wishes to use for a different purpose. Councilmember Weidner asked about an audit. Finance Director Harrison responded that the library funds are audited as part of the City audit each year and added that every year a specific area is chosen for an enhanced audit and this year it happens to be the library. Councilmember Weidner stated it seems like there are a lot of actions to correct the record, reallocate money and so on. He asked if the City has an obligation to have a complete financial audit done. Ms. Harrison replied that the library has special foundations and contribution funds but the funds do not all come through the City's books. Councilmember Weidner stated it seems to him there is not full disclosure about the library funds and where they go. He is frustrated and does not feel he has a clear picture of what it costs to run the library,but it sounds like City staff is already on top of it. Ms. Harrison added that staff received information from the library recently about all the funds and their uses. During the budget process in August, she and City Administrator McCarty will be providing that information to the Council. Councilmember Menikheim suggested having a joint meeting with the Library Board. Councilmember Weidner stated it would be a good idea to have a joint meeting. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2016-134,approving the reallocation of funds in the Capital Improvement Budget. Ayes: Mayor Kozlowski, Councilmembers Menikheim and Polehna Nays: Councilmembers Weidner and Junker PUBLIC HEARINGS A public hearing to consider a request from Northland Real Estate for the consideration of a Zoning Map Amendment, from Agricultural Preservation to Lakeshore Residential, for the property located at 12620 72nd Street North(Ordinance 1088, amending the Stillwater City Code Section 31 entitled establishment of districts by rezoning approximately eight acres from AP—Agricultural Preservation -continued from June 21, 2016 meeting) Referring to the petition brought forth asking the Council to require an Environmental Assessment Worksheet(EAW),Community Development Director Turnblad explained that the project is well under the 375 unit threshold for a mandatory EAW. Nonetheless, any citizen may file a petition Page 6 of 8 City Council Meeting July 5, 2016 asking for a discretionary EAW and there is a procedure for working this through the Environmental Quality Board which reviews the petition to see if it meets standards. He continue by stating that a vote tonight on the rezoning will not impact that process,because it doesn't confer on the developer any development rights - that will not happen until a Special Use Permit is applied for, so there is still time for a petition to be brought to the EQB in a timely fashion. Mayor Kozlowski opened the public hearing.There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Weidner, seconded by Councilmember Junker,to approve second reading of Ordinance 1088, amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by Rezoning approximately eight acres from AP -Agricultural Preservation. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner Nays: Councilmember Polehna UNFINISHED BUSINESS Discussion on TIF Agreement amendment for the conversion of the former Wolf Brewery Block to a boutique hotel Community Development Director Turnblad stated that information was received this morning to do due diligence on the request for an extension of the TIF Agreement. Several staff members reviewed it.On its surface it looks like a serious,well financed project,but staff does not feel they have not had enough time to review everything received this morning. Staff suggests that the Council direct staff to draft the agreement to be formalized at the next meeting. Councilmember Weidner expressed concern about the continual behavior of the applicant to ignore the City's deadlines. City Attorney Magnuson stated staff challenged the developers to show why and how this project is different from the previous proposal. To see the information, which is private,staff had to formalize a confidentiality agreement because it concerns non-public data.A preliminary review indicates that the project is better funded with liquidity providers that are providing a cash infusion into the financing picture. Staff was very encouraged by seeing this, but did not have time to finalize the agreement. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to direct staff to draft a TIF extension agreement for a future Council vote. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Polehna Nays: Councilmember Weidner NEW BUSINESS Possible approval of plans and specifications for Myrtle Street lift station improvements Public Works Director Sanders explained the project. Staff recommends approval. Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2016- 138,approving plans and specifications and ordering advertisement for bids for the 2016 Myrtle Street Lift Station Improvement. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Nays: None Page 7 of 8 City Council Meeting July 5, 2016 Possible approval of stop sign at Maryknoll Drive and Boutwell Road Public Works Director Sanders informed the Council that Maryknoll Drive, near the National Guard Armory, is open to through traffic.The intersection at Boutwell Road is uncontrolled. Staff recommends installation of a stop sign on Maryknoll Drive at the intersection of Boutwell Road. Motion by Councilmember Junker,seconded by Councilmember Weidner,to adopt Resolution 2016- 139,approving stop sign on Maryknoll at Boutwell Road. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Nays: None COMMUNICATIONS/REQUESTS There were no communications or requests. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikh-•I. .d'ourn the meeting at 8:29 p.m. All in favor. -.4111r UjP ski, Mayor ATTEST: „a".1 Diane F. Ward, City Clerk Resolution 2016-132,directing the payment of bills Resolution 2016-133,amending the Special Use Permit(SUP)for a Bed and Breakfast at 807 Harriet Street South, Case No. 2016-21 Resolution 2016-134,approving the reallocation of funds in the Capital Improvement Budget Resolution 2016-135,appointing election judges and fixing compensation Resolution 2016-136,approving license dba name change from Lion's Main to Lion's Tavern Resolution 2016-138,approving plans and specifications and ordering advertisement for bids for the 2016 Myrtle Street Lift Station Improvement Resolution 2016-139,approving stop sign on Maryknoll at Boutwell Road Ordinance 1088, amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by Rezoning approximately eight acres from AP -Agricultural Preservation Page 8 of 8