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HomeMy WebLinkAbout2017-05-02 CC MIN ater TME tIMTM►LACE Of MI CITY COUNCIL MEETING MINUTES May 2, 2017 SPECIAL MEETING(CLOSED SESSION) 4:00 P.M. Pursuant to Minn. Stat. 13D.05, Subd 3(b). Closed meeting permitted by the attorney-client privilege to discuss a pending legal matter. REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:44 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison City Clerk Ward OTHER BUSINESS County Road 5 Improvements - Washington County Joe Gustafson,Washington County Traffic Engineer,explained the County Road 5 improvements proposed for 2018, along with project costs, the City's cost share, and other future projects on County Road 5. He stated that he will come back in early 2018 to request Council approval of a construction cost share agreement. The next steps for the 2018 improvements are a public open house May 16, 2017, and asking the Council to pass a resolution of support in June. Construction is planned for summer 2018. Regarding the list of future projects, Councilmember Polehna asked if the Brown's Creek Trail connection has to wait until there is federal funding. He expressed that the City is very interested in completing the connection and has talked to legislators about the possibility of obtaining state funding. Mr. Gustafson replied that Washington County recognizes the importance of the trail connection, and that the County was hoping to get federal funding in the last go-round, but that was not successful. The connection could be funded solely with local dollars. Mayor Kozlowski asked if the required land acquisitions could start now to accelerate the project; and Mr. Gustafson responded that if federal monies are obtained, the prescribed federal process for right-of-way acquisition must be followed, otherwise the project would become ineligible for federal funding. City Council Meeting May 2, 2017 Councilmember Weidner asked if the connection will still be completed if federal funding is not secured.He added that he was surprised the project is eyed for 2021,in light of prior conversations about its importance. He inidcated that this is the first time he has heard from a County representative that the project hinged on federal funding. Mr. Gustafson replied there will be a better idea after the next go around, to see how the project ranked. Councilmember Polehna suggested that the County work more closely with the City to accomplish the trail connection. Washington County Commissioner Gary Kriesel assured the Council that the County recognizes the importance of the trail connection, but there are a lot of moving parts, some grade challenges and property acquisition to accomplish first. Mr. Gustafson suggested County staff could put together a memo outlining the prospects for future funding for the trail connection. Regarding the 2018 improvements, he will return to the Council in about a month to ask for a Council resolution of support,which will allow the County to go forward with the design plans. YMCA Discussion Community Development Director Turnblad informed the Council that a local group is interested in bringing the YMCA into the Stillwater area. The YMCA has agreed to help the group put together a feasibility study. He is awaiting further information, so this topic will be put on the agenda for a future work session. STAFF REPORTS Police Chief Gannaway stated that the annual Law Enforcement Memorial Service hosted by the Washington County Sheriffs Department will be held May 15. The Stillwater Police Department will host a bike rodeo on May 20. In about three weeks, the department will move to the old fire station that has been remodeled, and the current department lobby will be closed. Until late September or early October when the project is done, the front desk at City Hall will serve as the Police Department lobby. Fire Chief Glaser warned about distracted driving. He reported that on Saturday, a couple looking at their GPS drove into telephone pole on Laurel Street,knocking out power and starting their car on fire. Community Development Director Turnblad informed the Council that a scoping document for the 2018 Comprehensive Plan update will be drafted in May and an RFP will be written to find consultants to assist with the update. Public Works Director Sanders reported that the sport court was installed at the National Guard Armory. Councilmember Polehna commented that it is a very nice addition to the community. Mr. Sanders also stated that the river will likely rise another 1.5 feet over the coming week and that over next few weeks, Ice Castle organizers will work on repairing some of the damage that was done in Lowell Park. City Administrator McCarty reminded the Council that on May 10, Mayor Kozlowski will be on the agenda for the first Stillwater Area Chamber of Commerce Eggs and Issues program with other local mayors. He also reminded the Council of the annual League of Minnesota Cities conference June 14-16, in Rochester. Page 2 of 10 City Council Meeting May 2, 2017 RECESS Mayor Kozlowski recessed the meeting at 5:47 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:06 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders 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 April 18, 2017 regular meeting minutes Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the April 18, 2017 regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS,DELEGATIONS & COMMENDATIONS Council Service Awards - Jeff Johnson (Heritage Preservation Commission); Jean Lifton (Human Rights Commission); Cameron Kelly (Planning Commission); John Rheinberger (Traffic Safety Review Committee) Council Service Awards were presented to: Jeff Johnson for 28 years of service on the Heritage Preservation Commission; Jean Lifton for 10 years of service on the Human Rights Commission; Cameron Kelly for six years of service on the Planning Commission; and John Rheinberger six years of service on the Traffic Safety Review Committee. Mr. Johnson accepted his service award and thanked Council and staff for the assistance in the HPC's success in preserving historical significance in the City of Stillwater. Council Service Award - Don Fixmer(Broadcasting) Mayor Kozlowski presented Don Fixmer with a Council Service Award for 30 years of audio/visual broadcasting of City of Stillwater meetings. Former City Administrator Nile Kriesel recalled Fixmer's role in outfitting the newly remodeled City Hall with recording equipment in 1994. Mr. Fixmer explained how he became the broadcaster for the City and other governmental Page 3of10 City Council Meeting May 2, 2017 entities, and recognized Ann Bodlovick and Mike Knutson as trail blazing pioneers who got the local cable franchise started. OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2017-076,Directing the Payment of Bills Possible approval of Retail Fireworks Permit for Dollar Tree#4375 Resolution 2017-077, approving 2017 special event and contract for the Stillwater Half Marathon/10k/5k Resolution 2017-078, approving the separate Fire Protection Contracts with the Town of May, Town of Stillwater and City of Grant Resolution 2017-079, approving 2017 special event and contract North Star Grand Prix Possible approval of Temporary Liquor License for a fundraiser for St. Croix Kids Resolution 2017-080, approval of Joint Powers Agreement between State of Minnesota IT Services and the City of Stillwater Resolution 2017-081, approving the limited use of the Maple Island Brewery parking lot for events and liquor license premises expansion Possible Purchase Dodge Ram 5500 with Front Plow, Dump Box, Sander and GPS Possible approval of Chrysler&DeSoto Airflow Club Meet event Councilmember Menikheim asked to pull Resolution 2017-77,approving 2017 special event and contract for the Stillwater Half Marathon/10k/5k from the Consent Agenda. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent Agenda as amended. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Regarding the Run Stillwater Marathon, Councilmember Menikheim asked if a condition of the permit requires the event coordinator to apply for next year's permit before advertising the event. City Administrator McCarty responded that condition is not in the contract, but there has been discussion on the Special Event Policy to include an earlier application date for events . Motion by Councilmember Menikheim, seconded by Councilmember Junker,to approve Resolution 2017-77, approving 2017 special event and contract for the Stillwater Half Marathon/1Ok/5k. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Page 4 of 10 City Council Meeting May 2, 2017 PUBLIC HEARINGS Case 2017-07 First reading of a request by Our Savior's Lutheran Church, property owner and Anne Stanfield, Ecumen, to amend the Zoning Ordinance to allow senior living facilities on RA zoned property of 5 acres or more. Community Development Director Turnblad reviewed the request that Anne Stanfield of Ecumen has applied for a zoning text amendment to allow senior care living facilities by Special Use Permit in the RA Single Family Residential zoning district. He stated that if the zoning text amendment is approved,Ecumen will then apply for a Special Use Permit to develop a senior care living facility at 114 Brick Street and 1616 West Olive Street, on property presently owned by Our Savior's Lutheran Church and KLBB Radio . The proposed zoning text amendment language includes a five-acre minimum property size standard and a clause that the maximum height allowed for a senior care living facility in the RA district would be 35 feet. Currently, the maximum is 35 feet, but not more than 2.5 stories. He went on to state there are only seven five- acre RA properties in the City, including the property being developed by Ecumen. Mr. Turnblad reminded the Council that the City has few options for seniors who wish to stay in the City, but no longer want the upkeep of a single family home. Requiring a SUP for senior care living facilities gives the City the opportunity to weigh whether a specific proposal fits the neighborhood. He added that Ecumen is requesting only the zoning text amendment at this time. If approved,then Ecumen would apply for a SUP on that specific site. The Planning Commission recommended approval, and noted the importance of offering a variety of lifecycle housing. Staff recommends approval of the first reading with three conditions. Councilmember Junker asked which of the three streets would provide access to the development; and Mr. Turnblad replied that information is not known at present, but the application for a SUP will require a traffic analysis to be done. Councilmember Menikheim asked if adopting the zoning text amendment sets a precedent of any kind; and City Attorney Magnuson responded that the law states uses are described as being permitted by SUP and are given a presumption of validity, so the burden would be on the City to show meaningful reasons for denying a SUP. Mayor Kozlowski stated that he likes the idea of the project,but wants to be very careful that the design of the facility does not negatively impact the neighborhood. Mayor Kozlowski opened the public hearing. Community Development Director Turnblad explained that when notice was published for the Planning Commission public hearing, it did not include the date of the Council public hearing. Since two readings are required for the ordinance to pass, staff published notice for the second reading, so the public hearing should continue at the next meeting. Nan Tate, 1529 Olive Street West, across the street from Our Savior's Church, stated that she did not receive notice about tonight's hearing or the May 16 hearing,nor did several of her neighbors; and Mr. Turnblad stated that notices went out to all property owners within 350 feet,but that since this is a city-wide zoning text amendment and not property-specific, notices are not legally required. Councilmembers Weidner,Junker and Mayor Kozlowski indicated that they had anticipated more public input on the issue. They suggested erring on the side of caution and tabling the first reading to provide an opportunity for more public input. Page 5 of 10 City Council Meeting May 2, 2017 Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to table first reading of an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by adding senior care living facilities to the RA zoning district, to the May 16, 2017 meeting. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Case 2017-08. Public hearing to consider a request by Randy Benson, ILHC of Stillwater, LLC for the consideration of a Final Plat for a 239 unit senior living facility. The facility is to be known as 'The Lakes' and would be located at 12525 75th Street N and multiple properties located within the LR &AP district. Community Development Director Turnblad requested the item be tabled to the May 16, 2017 meeting because it has not been heard by the Planning Commission yet. Motion by Councilmember Junker,seconded by Councilmember Menikheim,to table Case No.2017- 08, request by Randy Benson, ILHC of Stillwater, LLC for the consideration of a Final Plat for a 239 unit senior living facility to be known as "The Lakes" to be located at 12525 75th Street N and multiple properties located within the LR& AP district, to the May 16, 2017 meeting. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None UNFINISHED BUSINESS Possible approval of second reading of Ordinance 1093, an ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by adding regulations for Short Term Home Rentals Community Development Director Turnblad explained that the City Council held the public hearing and approved the first reading of the ordinance on April 18,2017 with six revisions,which have been incorporated into the final draft of the ordinance. Homeowners interested in applying for a license could begin May 12th to contact the Community Development Department to begin the licensure process. Councilmember Weidner asked who would substantiate complaints and determine relevancy; and Community Development Director Turnblad replied that complaints will go to the zoning administrator. If found to be relevant, an inspection will be done by building staff or possibly fire department staff, and if the offense is substantiated, the property owner will be fined. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Ordinance No. 1093, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by adding regulations for short term home rentals. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Page 6 of 10 City Council Meeting May 2, 2017 Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2017-082, a resolution amending Resolution No. 2017-017 establishing an application fee for Short Term Home Rental License Applications. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2017-083, a resolution designating offenses to Ordinance No. 1093 as Administrative Offenses. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Possible setting of hearing to establish a Tax Increment Financing District Motion by Councilmember Junker, seconded by Councilmember Polehna,to table a resolution calling for a public hearing by the City Council on the proposed adoption of a modification of the development program for Development District No. 1,and the proposed adoption of the tax increment financing plan for District No. 12, until May 16, 2017. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None NEW BUSINESS Possible approval of Delinquent Tax and Special Assessments Payment Plan for 601 Main Street N. City Administrator McCarty informed the Council that David Paradeau has been in discussions with Washington County regarding a Delinquent Property Tax "Confession of Judgement" Payment Plan for his property at 601 Main Street North.Minnesota Statute§279.37 allows owners of class 3a commercial/industrial property to enter into a payment plan for the payment of delinquent property taxes with the approval of the County auditor. County policy provides that if the market value of the property is over$1 million, the owner must submit a written request for a payment plan along with a letter of support (resolution) from the municipality in which the property is located.The payment plan request is then subject to review and approval by the County Finance Committee. This law requires the payment of delinquent and current assessments when the plan is initiated,unless the City chooses to waive the requirement. Joanne Helm, Washington County Property Records Department, explained that the principal amount of special assessments certified by the City for the delinquent years in question is $14,396.57. $19,205.56 includes penalty and interest that has also accrued against that $14,000 due to the lack of payment.The payment plan requires the property owner to pay the current taxes, otherwise the property can go into tax forfeiture the following year. Any delinquent taxes are required to be paid before a transfer of title can be recorded. Councilmember Weidner stated that he sees no reason to agree to the payment plan, due to lack of communication from Mr. Paradeau over the past several years. Councilmember Junker pointed out that there is an entity that is trying to buy the property right now for a theater. If the City agrees to the payment plan, the delinquent taxes would be paid out in five years or at best case scenario, when the property is sold. Page 7 of 10 City Council Meeting May 2, 2017 Councilmember Polehna noted that the City tried to get the property owner to remove the train from the property for four years and finally had to take the initiative to get rid of it because it was a safety hazard for the public. He is not in favor of extending the payment of delinquent taxes. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to deny the request for the delinquent tax payment plan for property located at 601 Main Street N., Stillwater, MN. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Weidner and Polehna Nays: Councilmember Junker Possible approval of resolution providing for the competitive negotiated sale of General Obligation Capital Outlay Bonds, Series 2017A Finance Director Harrison explained the annual bond issue which will provide funding for the police station, capital outlay, and a portion of street improvements. Motion by Councilmember Junker, seconded by Councilmember Polehna,to adopt Resolution 2017- 084, resolution providing for the competitive negotiated sale of $3,405,000 General Obligation Capital Outlay Bonds, Series 2017A. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Possible approval of first reading of Ordinance—Boards and Commissions City Clerk Ward explained that at the last meeting, the Council discussed the impacts for open seats with the Council representative being a voting member. Then it was determined that the Council representative should vote only on the Planning Commission,and the size of the Planning Commission would be reduced to seven through attrition. She asked if the Council would like to reduce the size of the Planning Commission with this year term endings, or next year's term endings. Councilmembers Junker, Polehna and Mayor Kozlowski agreed it would be best to reduce the size of the Planning Commission now. Councilmember Menikheim stated that since he is presently the Council representative to the Planning Commission and he does not want to vote, he will trade Commissions with another Councilmember. Motion by Councilmember Junker, seconded by Councilmember Weidner, to adopt first reading of an ordinance amending the Stillwater City Code, and to reduce, through attrition, the size of the Planning Commission to seven including the Council representative. Ayes: Mayor Kozlowski, Councilmembers Junker, Weidner and Polehna Nays: Councilmember Menikheim Possible approval of appointments to Commissions for Human Rights and Park and Recreation City Clerk Ward informed the Council that she received recommendations for appointments of Marce Kelton to the Human Rights, and David Brandt and Robert McGarry III to the Parks and Recreation Commission. Motion by Councilmember Junker, seconded by Councilmember Polehna,to adopt Resolution 2017- 086, approval of appointments to the Commissions of Human Rights and Parks and Recreation. Page 8 of 10 City Council Meeting May 2, 2017 Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Possible approval of a Separation Agreement City Administrator McCarty handed out a resolution for a Separation Agreement between City AFSCME Council 5 and former employee Linda Thompson. He noted the item was discussed in closed session with labor counsel. Staff and the labor attorney recommend approval. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2017-085, resolution approving a Separation Agreement between the City of Stillwater, AFSCME Council 5 and Linda Thompson, authorizing transfer of funds into an assigned fund balance in the general fund for payment of final wage and benefit separation amounts as provided in the Separation Agreement. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and 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 Polehna, to adjourn the meeting at 8:40 p.m. All in favor. .r� Tee 'ozlowski, Mayor ATT ST: 01 , k Diane F. Ward, City Clerk Resolution 2017-076,Directing the Payment of Bills Resolution 2017-077, approving 2017 special event and contract for the Stillwater Half Marathon/10k/5k Resolution 2017-078, approving the separate Fire Protection Contracts with the Town of May, Town of Stillwater and City of Grant Resolution 2017-079, approving 2017 special event and contract North Star Grand Prix Resolution 2017-080, approval of Joint Powers Agreement between State of Minnesota IT Services and the City of Stillwater Resolution 2017-081, approving the limited use of the Maple Island Brewery parking lot for events and liquor license premises expansion Resolution 2017-082, a resolution amending Resolution No. 2017-017 establishing an application fee for Short Term Home Rental License Applications Case No. 2017-03 Page 9 of 10 City Council Meeting May 2, 2017 Resolution 2017-083, a resolution designating offenses to Ordinance No. 1093 as Administrative Offenses, Case No. 2017-03 Resolution 2017-084, resolution providing for the competitive negotiated sale of$3,405,000 General Obligation Capital Outlay Bonds, Series 2017A Resolution 2017-085,resolution approving a Separation Agreement between the City of Stillwater, AFSCME Council 5 and Linda Thompson, authorizing transfer of funds into an assigned fund balance in the general fund for payment of final wage and benefit separation amounts as provided in the Separation Agreement Resolution 2017-086, approval of appointments to the Commissions of Human Rights and Parks and Recreation Page 10 of 10