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HomeMy WebLinkAbout2017-05-16 CC MIN i l hater TME IIOTM PEACE OF MINNESOTA CITY COUNCIL MEETING MINUTES May 16,2017 SPECIAL MEETING- CLOSED SESSION FOR LAND 6:00 P.M. NEGOTIATIONS PURSUANT TO MN STAT. SEC. 13D.05 SUBD. 3(B) REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:24 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Community Development Director Turnblad Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of April 18,2017 and May 2,2017 Closed Session meeting minutes and May 2, 2017 regular and recessed meeting minutes Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the April 18, 2017 and May 2, 2017 closed session; and May 2, 2017 regular and recessed meeting minutes. All in favor. PETITIONS,INDIVIDUALS,DELEGATIONS & COMMENDATIONS Heritage Preservation Awards Community Development Director Turnblad noted that May is Heritage Preservation Month. Heritage Preservation Commission Chair Brian Larson reviewed the past year's work of the HPC and presented the 2017 Heritage Preservation Awards: Residential Restoration-Chris Rustad and Vicky Simon; Residential Rescue of Boutwell House - Washington County Historical Society; Adaptive Reuse of a Commercial Structure - JX Event Center; Personal Contributions - Jeff Johnson for 28 years of service on the HPC. OPEN FORUM There were no public comments. City Council Meeting May 16, 2017 STAFF REPORTS Police Chief Gannaway reminded the Council that after next week there will not be a lobby downstairs for the Police Department due to construction. The City Hall front desk will be used for police services until October. He also announced a May 20 bike rodeo for K-4th grade from 10 -2 p.m. at Trailhead Lot. Community Development Director Turnblad reported that the City started taking applications last Friday for short term residential rental permits and there are 10 active applications at present, seven Type Cs, three Type Bs, and phone calls to return. City Administrator McCarty presented the City's 2016 Annual Report. It will be placed on the City's website. Mayor Kozlowski read the list of movies scheduled for Summer Tuesdays starting July 11. CONSENT AGENDA Resolution 2017-087, directing payment of bills Possible approval of fireworks permit—Target Resolution 2017-088, approval of 2017 Summer Tuesdays special event, contract and waiver to the City's Noise Ordinance Possible approval to purchase new telephone/voice mail system for City facilities Resolution 2017-089, approval of contract for building inspection services and plan review with Inspectron Resolution 2017-090, a resolution approving the extension of the special use permit for an addition to the Water Street Inn, Case No. 2014-07 Resolution 2017-091, a resolution approving the extension of the special use permit for 1674 Market Drive, Case No. 1996-65 Resolution 2017-092,Appointment to Library Board Resolution 2017-093, approving the 2017-2018 Labor Agreement between the City of Stillwater and Local 49 International Union of Operating Engineers Councilmember Polehna asked to pull Resolution 2017-090,a resolution approving the extension of the special use permit for an addition to the Water Street Inn,Case No. 2014-07,for discussion during New Business. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent Agenda as amended. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None 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 explained that Anne Stanfield of Ecumen applied for a Zoning Text Amendment to allow Senior Care Living Facilities by Special Use Permit in the RA Single Family Residential zoning district. If the Zoning Text Amendment is approved, Ecumen will submit an application for a Special Use Permit for a Senior Care Living Facility Page 2 of 13 City Council Meeting May 16, 2017 proposed for the parcels located at 114 Brick Street and 1616 West Olive Street, owned by Our Savior's Lutheran Church and KLBB Radio. The Zoning Text Amendment language as proposed includes a 5 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 simply 35 feet. Currently, the maximum is "35 feet, but not more than 2.5 stories." There are six 5-acre sites right now in the RA district. One is a church, one is an elementary school, one is the city dog park, one is the former Aiple property that has a conservation easement,and one other potential site on McKusick Boulevard just west of Oak Glen Golf Course. Staff finds that allowing lifecycle housing options in a greater number of zoning districts is in the public interest, and the general community welfare is furthered by allowing for Senior Living Care Facilities in the RA One-Family Residential zoning district. Staff further finds the proposed zoning text amendment is in general conformance with the principles, policies, and land use designations set forth in the comprehensive plan. Therefore, staff recommends approval of the first reading. Councilmember Weidner recused himself from discussion and voting due to a conflict of interest. Mayor Kozlowski opened the public hearing. Barbara Ylinen,201 Deer Path, stated she is opposed to this facility and the spot zoning that would allow it to be built in her backyard. She hopes that the City does not allow a special interest group to change the character of the neighborhood and she has written two letters in opposition. Michele Livermore, 181 Deer Path, showed the Council a picture of sunrise in the morning and a rendition of what the three story apartment building with a flat roof would look like. She feels it will be like looking at a three story box. She voiced concern about reduced property values,noise, light pollution,and increased traffic. She feels the project will impact a lot more people than those who live within 350 feet. Janis Edstrom, 1510 West Olive,stated she opposes the project because it will compound existing traffic problems on Olive Street, which has no stop signs or signals. Olive is a straight shot from east of the church to Greeley and people pass on the right. She feels the proposal is not well thought out. Timothy Radke, 115 Brick Street,stated he is definitely opposed to the development.The building would totally block his view of the sunset and completely obliterate every view he has to the west. Anne Stanfield, Director of Business Development at Ecumen, explained it is one of the nation's largest nonprofit senior housing developers with facilities in eight states. Ecumen has been in operation for over 150 years. She stated that Ecumen was approached by Our Savior's Lutheran Church with this opportunity to create senior housing on property adjacent to their site. Ecumen has been working with the church over the past several months to think about a plan that makes sense for the site that will include shared programming as an extension of the church community. The project is early in the design process so there are not yet images. She reiterated that the goal is to create and design a project that is embraced by the community and appropriate for the site. It will include walking paths, shared amenities,and much of the existing landscaping. Developers have hosted an initial neighborhood meeting and will be meeting more with neighbors. There is a strong market demand. Over the last decade the senior population growth is over 30% in Stillwater. There is a lack of supply for senior housing in Stillwater. Consistent with the comprehensive plan,this project will provide a range of housing for aging and elderly people and create jobs. Page 3 of 13 City Council Meeting May 16, 2017 Nan Tate, 1529 Olive Street West, stated she is not totally opposed to senior housing on the site but she is opposed to the size.Her neighborhood is mostly one story homes. A three-story building seems immense for the neighborhood. She also is concerned about ample parking and the potential for parking on Brick, and about increased traffic. She wonders if the City has the infrastructure to support the project size. Mayor Kozlowski closed the public hearing. Mayor Kozlowski asked about site layouts; and Community Development Director Turnblad replied that drawings were not presented tonight because at this point there are only rough massing renderings, which were shared with at the neighborhood meeting. If the project goes forward, drawings will be provided for SUP application. public hearings would take place before the Planning Commission,the Parks Commission, and the City Council. A traffic study would be one of the required items. Mayor Kozlowski asked if the facility would pay property taxes; and Mr.Turnblad responded that he is not sure what the tax status would be. Councilmember Junker asked if the facility could be 25 beds, 100 or 200; and Mr. Turnblad answered that what determines the density of a project is the site and ability of the infrastructure to support it. In the RA Zoning district, only 30% impervious surface coverage is allowed, for instance. He stated this type of detail would be part of the next step if the Council adopts the ordinance. Councilmember Menikheim stated he is in favor of moving the request forward. Councilmember Polehna stated he realizes the need for senior living but he does not think adopting the zoning text amendment is a good idea;it is just opening up a can of worms that could allow something unsuitable to come in somewhere else in the City. People in his ward oppose the amendment.He pointed out there is no good north-south access through the City,Deer Path traffic has been problematic in the past,and having a senior housing facility on this site would compound that problem and add to the congestion of the area. Mayor Kozlowski pointed out that the size and density of this project have yet to be determined. He feels the 2.5 story height restriction in the current ordinance helps preserve the residential character of the neighborhood. He would like to see a responsible senior facility on the property that would not have a negative impact on the character of the neighborhood. He is concerned with traffic and feels that a creative solution will be needed. Councilmember Junker noted he used to live on the corner of Olive and Deer Path and knows the whole corner is extremely busy. He sees the need for this type of senior housing. If the zoning text amendment passes, he will be very tough in judging how the facility meets requirements for traffic,height, impervious surface coverage, size and density. Mayor Kozlowski noted that once bridge traffic is eliminated, traffic will be eased throughout Stillwater. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt first reading of Ordinance amending the Stillwater City Code, Chapter 31 entitled Zoning Ordinance by adding Senior Care Living Facilities to the RA Zoning District on properties of five acres or more, but without changing the building height standards. Page 4 of 13 City Council Meeting May 16, 2017 Ayes: Councilmembers Menikheim, Junker, Mayor Kozlowski Nays: Councilmember Polehna Abstain: Councilmember Weidner Case 2017-08 A public hearing to consider a request by Randy Benson, ILHC of Stillwater, LLC for Final Plat for a 239 unit senior living facility to be known as 'The Lakes' located at 12525 75th Street N and multiple properties located within the LR&AP district. Community Development Director Turnblad reviewed the details of the request that the developer is requesting and summarized that the site is about 58 acres and the majority is in the Shoreland District,with 3 Phases, plus a future Phase. Mr. Turnblad went on to state that since the concept plan was approved last September, the buildings have been moved back to soften the edge and leave more open bluffline. The three-story building, which came right up to property line, has been turned inward into the site, and it has been stepped to one story at the perimeter of the PUD. The commercial building proposed for the northwest corner in the original PUD has been eliminated. The buildings have been redesigned to stay within the 35-foot maximum, so no variances are required or requested with this project. As a PUD within the Shoreland District, 50% of the site must be dedicated as open space. In this proposal, 52% will be in outlots, so the DNR is satisfied. The project meets the maximum impervious coverage allowance of 25%,since it will be developed at 23.7%.All parking standards are met. When Grace Baptist builds their addition,there will be a few times during the year when their parking lot would not meet demand, so there is a cross access agreement to share a lot in front of one of the main buildings. Regarding tree removal and replacement, the City forester finds the plan acceptable. There is a shortage of 37 trees that need to be planted; this will be memorialized within the development agreement. Both public and private trails are proposed. A public trail will connect Highway 12 with 72nd Street.The trail will serve as an emergency access, with improved drive for about 600 feet, designed to carry the weight of emergency vehicles. Washington County has approved this. In the future there would be more trail connections to Liberty trails and the existing City sidewalk system. Mr. Turnblad explained the phasing of the project. Because there is no time established for the last and future phase, and staff does not know what best management practices will be in 10 to 30 years, the owners of those two properties have stated that as long as they are able to build the church expansion and the six units proposed, they will agree to build according to whatever the construction standards are at that future time. This will need to be a condition of approval. Only three of the four total Concept PUD phases are included in the current Final PUD review. Phase 1 includes the construction of Minar Avenue South, platting of open space Outlots A, B, and C, and the construction of the largest of the buildings on the campus, the building known as "The Lodge", which will have independent living units, memory care units, assisted living units, and full care units. Phase 2 includes "The Cottages," which are duplexes and townhomes for independent senior living. Phase 3, the final phase for the Goodman Group, consists of the "Sandhill Shores" building, which will have only independent living units. The future phases of the PUD are for the Meisterling property and the Grace Baptist Church. They will go through a Final PUD process at the time they are ready for development. Mr. Turnblad told the Council that staff finds the revised Concept PUD,preliminary plat, signage plan, utility easement vacation, SUP, Final PUD, Final Plat represent a good solution to the need for Senior Care Living Facilities in the City, yet balance the density envisioned by the Page 5 of 13 City Council Meeting May 16, 2017 Comprehensive Plan and the protective goals of the South Twin Lake Shoreland Management Overlay District. Therefore, staff recommends approval with 27 conditions. Councilmember Weidner asked about the length of the cul-de-sac which seems inordinately long; and Mr. Turnblad stated that because the City does not like cul-de-sacs to be longer than 600 feet, at about 600 feet there will be an extra wide bituminous trail to provide egress from the site if needed in an emergency. Councilmember Polehna asked about property taxes for the project; and Mr. Turnblad replied he is not sure whether the facility will be tax exempt. The first time the site was considered for a senior housing facility, there was a pilot agreement for payment in lieu of taxes. He suggested asking the developers tonight. Mayor Kozlowski opened the public hearing. Kendra Lindahl, Landform, representing the development team, stated the team has worked hard in the last year to listen to community comments and revise plans to address them. Tonight they have two requests to consider - 1) regarding the street name of the cul-de-sacs, they would like the flexibility to name it Birchwood Run rather than Minar Avenue; 2) regarding the staff- recommended condition #24, incorporating any additional conditions of approval to be recommended by the Parks Commission, they would like to be clear that the Parks Commission is reviewing the public trail components. Philip Manger, 12525 72nd Street North, gave the following reasons for objecting to the land being used in this manner: 1) nowhere in the 2030 Comprehensive Plan is this provided for on this land; 2) citizens rely on the integrity of the Comprehensive Plan for guidance when making major financial decisions; 3) this is the textbook definition of spot zoning which he understands is illegal. Some of his neighbors have decided to sell their homes rather than face the consequences of the Lakes at Stillwater; 4) the proposal defies watershed regulations; 5) it will pose a burden on the undeveloped roadway and he would like to see it in writing that 72nd will remain untouched; 6) does the City really need this facility on this land in light of other senior facilities that have sprung up; 7) this is a commercial endeavor on a residential piece of property; 8) although the Goodman Group claims to have learned from the mistakes of Croix Bay, he would have to disagree because the proposed facility is still too tall, too dense, and too close to lake; developers have really only addressed the height. Dionne Meisterling, 12550 72nd Street North, stated she felt an obligation to explain, for the record, how her family got to this point. She would really like for this development to not go through and for her land to stay her land, but she believes that the development that is before the Council tonight is very different than the development that was here before. At the developers' request, she met with them to discuss how to do this project in a way that makes sense for Stillwater. Density varies in terms of perceptions, for instance, a four story building in front of her house would be bad, but if it is stepped back, it makes more sense. As she spoke with the Goodman Group,more things began to make sense.They were willing to try to put hers and others neighbors' concerns into the plan the best they could. She is truly sad to be losing her five acres. She feels like development is going to come regardless. The time right now looked to her and her family as though this is the right time. She feels there has been some really good traction with all the neighbors and the developers being able to see what could go there. Louise Jones, 7079 Mid Oaks Avenue, stated last fall she spoke against the senior housing development. She feels the proposal under consideration tonight is an improvement over last Page 6 of 13 City Council Meeting May 16, 2017 year's proposal because it addresses many of the concerns that she and her husband raised. However she has continuing concerns about the safety of 72nd Street. She is pleased about the trail and sidewalks and pleased that the current plan does not include access from 72nd Street from the Lakes development,but she is concerned that the future development phase(Meisterling property) may extend the cul-de-sacs all the way to 72nd Street. She wants her concerns in the public record. The City should consider turning 72nd Street into a trail much like the one that the planners are recommending as an emergency access in the plan. This would allow emergency vehicles to get to and from Liberty on 72nd Street, but eliminate turning 72nd Street into a significant road for people all over Liberty to go to Cub and Target. She expressed concerns about safety of the kids with fishing poles,dog walkers, and bikes that use 72nd Street. She would really like to know what the City's vision is for that road and how it can be made safer. David Jones, 7079 Mid Oaks Avenue, suggested making 72nd Street emergency access only and leaving it gravel. Mayor Kozlowski closed the public hearing. Mayor Kozlowski asked when the City is planning to do that street because it almost destroyed his car two weeks ago. Community Development Director Turnblad replied that the plan under consideration does not propose to use it, so it has not been proposed to be upgraded. Public Works Director Sanders pointed out that when the Liberty development was proposed they talked about paving the road but because of the concern about increased traffic, it was left as gravel for the past 20 yrs. Counters last year indicated the average daily traffic was around 200 cars per day and there were two accidents. There are no plans to improve the road. Fire Chief Glaser indicated that 72nd Street needs to stay open for fire code, not just for emergency vehicles, but also to let people exit the development if they need to. Councilmember Weidner called the new plan a wonderful resolution to a less than wonderful initial presentation of a development that was brought to the Council. He is satisfied with it. Councilmember Junker acknowledged there are still some concerns, but it is nice to hear some people say they like the proposal. Councilmember Polehna noted that he voted against it all along,having heard from people in his ward who were vehemently opposed. He had a call tonight from the home owners' association in Liberty stating that it has their support. He credited the developers for meeting with residents four times and taking the information to heart.He looked at the Eagan facility built by these developers and it was beautiful. However he is concerned about the tax impacts. He told the developers they have done a wonderful job meeting with the different people. Councilmember Menikheim agreed with Councilmember Polehna's remarks about the process and voiced support. Mayor Kozlowski recalled there was a lot of tension and fear and uncertainty previously. He feels the system worked really well although it took a long time to get here. He supports the proposal and agrees that a payment in lieu of taxes should be a condition. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2017-094, a resolution approving revised concept planned unit development, final planned unit development for Phases 1-3, preliminary plat for The Lakes at Stillwater, special use permit for a senior living facility, and the campus signage plan for The Lakes at Stillwater, Case No. 2017-08, adding condition#28, a requirement that a satisfactory payment in lieu of taxes be agreed to by the Page 7 of 13 City Council Meeting May 16, 2017 developer and the City, and changing condition #24 to add "public trails" as requested by the developer. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2017-095, a resolution approving the final plat for The Lakes at Stillwater, Case No. 2017-08. Ayes: Councilmembers Menikheim, Junker,Weidner, Polehna, Mayor Kozlowski Nays: None UNFINISHED BUSINESS Possible approval of second reading of Ordinance 1094, an ordinance amending the Stillwater City Code City Clerk Ward explained that based upon the discussions and first reading of the ordinance pertaining to term limits, voting versus non-voting Council representatives, and the Council's decision for the Council representative to be a voting member of the Planning Commission only, the commission appointment interview process, and the decision to reduce membership on the Planning Commission to seven effective for the upcoming terms, an Ordinance and Resolution have been prepared. She provided a red-lined version of the Ordinance indicating the changes as a result of the discussions. The Planning, HPC, Downtown Parking Commissions, and Traffic Safety Committee appointments for terms ending May 1, 2017 are moving forward based upon the Council's discussion. Councilmember Weidner asked about the Planning Commission being reduced to seven members through attrition and not having the Council member vote until such time as it is reduced. Councilmember Menikheim stated he would like that. He pointed out this is the fourth Council meeting in a row this item has been on the agenda. Most of the commissions are unaffected with the exception of doing away with term limits, which he feels sends a message that the City does not care about diversity or fresh thinking. He stated that the Planning Commission was baffled by this. They asked him why they were singled out and he could not explain it very well. He hopes that one of the Council members in favor of this will attend the Planning Commission meeting June 6 and explain it. He feels that an unintended consequence is that the Council's ability to govern has come under question because it is not at all clear why this change is necessary. Forcing out a commission member is not a good way to thank people for the work they do.If the Planning Commission is reduced through attrition then he would not have to vote so he would withdraw his request to come off the Planning Commission. Councilmember Weidner stated he would be happy to go talk to them June 6 about how he feels about it. Councilmember Polehna stated he talked to one of the Planning Commissioners and they were fine with it. Councilmember Menikheim replied that is not what they told him. Councilmember Polehna stated he was at the Planning Commission last week when Councilmember Menikheim spoke up and made some very good points and they thanked him. He agrees he would not like to force anyone out. He think the reduction should be done by attrition and then once the commission is down to six members, then the Council person votes. Mayor Kozlowski stated he would like to discuss some means of appreciation for the commissioners. Page 8 of 13 City Council Meeting May 16, 2017 Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Ordinance 1094, an ordinance amending the Stillwater City Code, using the method of attrition to reduce the size of the Planning Commission to six members before the Council person is the seventh voting member. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Motion by Councilmember Weidner,seconded by Councilmember Junker,to adopt Resolution 2017- 096, a resolution amending Resolution 2009-95, establishing Downtown Parking Commission and Bylaws. Ayes: Councilmembers Junker, Weidner, Polehna, Mayor Kozlowski Nays: Councilmember Menikheim Possible setting of hearing to establish a Tax Increment Financing District No. 12 City Attorney Magnuson explained the resolution. Motion by Councilmember Junker, seconded by Councilmember Polehna,to adopt Resolution 2017- 097, 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. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None NEW BUSINESS Resolution to extend SUP for Water Street Inn(pulled from Consent Agenda) Community Development Director Turnblad explained that in 2014,the Council approved a SUP allowing the addition to the Water Street Inn. The SUP has a life of two years before it sunsets. The owners of the Water Street Inn are close to having financing in place to begin construction this fall. They are asking the SUP be extended for a year. Chuck Dougherty, Water Street Inn, stated they have been working with finance people and are within a month or two of starting construction. If it does not happen this time, then they will probably be done with it. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to extend the SUP for the Water Street Inn for one year. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible setting of hearing to establish a Tax Increment Financing District No. 13 Community Development Director stated that the Water Street Inn has received preliminary financial approvals to take on their remodeling and addition project. The TIF is gap financing for the project. The resolution would set the hearing for June 20. He reviewed what is proposed: a 2,000 square foot addition, 22 additional rooms, rooftop deck with kitchen and bar, renovations to the lobby, expansion of the dining area, and facsimile of the historic clock tower, for a total of Page 9 of 13 City Council Meeting May 16, 2017 $5.5 million estimated additional total construction costs.The inn owners would inject 25%equity into the project. The project includes fixing some water issues, tuckpointing the exterior, and waterproofing, with eligible expenses totaling about $540,000. That is the rough amount of TIF would request for this project. City Attorney Magnuson informed the Council that the resolution commits only to the hearing. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2017-098,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 Financial Plan for District No. 13. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: Councilmember Weidner Request for a chicken permit at 310 Laurie Court Community Development Director Turnblad stated that Jennifer Walls, 310 Laurie Court, has requested a permit to keep chickens. The application meets the requirements of City Code Sec. 31-514, Subd. 6, Keeping of Chickens. The applicant is proposing a 9 square foot coop with an attached 24 square foot run/open air, enclosed pen. The coop and pen will sit approximately 47' from the western (rear yard) property line as well as approximately 18' from the northern (side) property line. The coop and pen will be situated approximately 37' from the nearest residence (to the north). One neighbor has objected to the permit. The neighbor feels that chickens do not belong in their neighborhood due to the noise and smell they generate. Staff recommends allowing a one year probationary license and if there are no complaints in that time, it would automatically renew. Motion by Councilmember Menikheim,seconded by Mayor Kozlowski,to approve Resolution 2017- 099, chicken permit for Jennifer Walls, 310 Laurie Court, on a one year probationary period to be automatically renewed if there are no complaints in that time. Ayes: Councilmembers Menikheim, Weidner, Mayor Kozlowski Nays: Councilmembers Junker and Polehna Request to waive band shell fee for Valley Concert Winds City Clerk Ward reported that James Decaro,one of two directors of Valley Concert Winds,went before the Parks Commission to request that the $125 fee for the bandshell be waived and that they be allowed to sell concessions. The current practice is that the City does not waive fees for use of the bandshell or amphitheater for any for-profit or non-profit group. Even though there were different opinions on the Commission with the vote of 3-2 with an abstention, the Parks Commission recommended the Council approve waiving the fee. Staff recommends denial of the fee waiver request based on the fact there is no procedure or policy to request a fee waiver for the bandshell or amphitheater for either for-profit or non-profit entities and opening this door would allow other groups to request fee waivers. Councilmember Polehna noted that the applicant told the Parks Commission during their meeting that the procedure for requesting a fee waiver was on the City web site but it is not. City Clerk Ward added that she talked to Mrs. Decaro and she stated she requested the waiver on her own and it was not on the web site. Page 10 of 13 City Council Meeting May 16, 2017 Councilmember Weidner pointed out the bandshell is not used much and he would like to see people use it. He would support the fee waiver. Councilmember Junker responded than why have fees. Councilmember Menikheim stated he is alright with waiving the fee. Mayor Kozlowski stated for events that benefit the community,a fee should be reduced or waived. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to waive the bandshell fee for Valley Concert Winds for August 17. Ayes: Councilmembers Menikheim, Weidner, Mayor Kozlowski Nays: Councilmembers Polehna and Junker Possible approval of 2017 Lumberjack Days Special Event Contract and Temporary Liquor License City Administrator McCarty reviewed the application from The Locals to manage Lumberjack Days. Staff recommends approval of the 2017 agreement for Lumberjack Days July 21-23 in Lowell Park. Councilmember Junker asked if the helicopter would once again fly a continuous same path all day Saturday and Sunday, as he received complaints from residents in the flight path. City Administrator McCarty responded the flight path has been changed, so the helicopter will not hover at the bluff line. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2017-100, approving 2017 Lumberjack Days special event, contract and temporary liquor license. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Consideration of proposal from WSB for engineering services Public Works Director Sanders stated that one of the required components of the Comprehensive Plan update is a Local Surface Water Management plan (LSWMP) showing how the community protects and improves water quality and quantity. At staff's request, WSB and Associates submitted a proposal to update the local water management plan at a cost of$24,800. In addition, WSB was asked to provide a quote to update the City's Hydrocad model and P8 model to reflect the new Atlas 14 rainfall events and add any areas to the model, since the previous update in 2006. The estimate for this cost is$21,100.Funds for the plan update would come from the Storm Water Utility fund. Staff recommends engaging WSB&Associates to complete the Local Surface Water Management Plan. Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2017- 101, approval of proposal from WSB and Associates. Ayes: Councilmembers Menikheim, Junker,Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of bids and awarding contract for 2017 Street Improvements Public Works Director Sanders reported that bids for the 2017 Street Improvement project were opened on Thursday, May 11, 2017. The City received five bids with the low bid in the amount of$1,346,949.88 submitted by Hardrives,Inc. of Rogers,Minnesota.The engineer's estimate was Page 11 of 13 City Council Meeting May 16, 2017 $1,684,000. Staff recommends that the City accept the bids submitted for the 2017 Street Improvement Project, Project 2017-02, and award the contract, including the bid alternate, including the Northland Park parking lot, to Hardrives, Inc. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2017-102, accepting bid and awarding contract for 2017 Street Improvement Project (Project 2017- 02). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS Councilmember Weidner stated he received two calls about the quality of water on McKusick Lake. Public Works Director Sanders stated he will contact the DNR to see how the City can proceed with treating the lake. Councilmember Polehna noted that water quality of Long Lake is horrible and he heard it was downgraded to F. Mr. Sanders replied that in the past two years the lake quality has been improving. He will check into it. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the meeting at 10:02 p.m. All in favor. �---� ��_� Ted Kozlowski, AT ST: , 1174. Diane F. Ward, City Clerk Resolution 2017-087, directing payment of bills Resolution 2017-088, approval of 2017 Summer Tuesdays special event, contract and waiver to the City's Noise Ordinance Resolution 2017-089, approval of contract for building inspection services and plan review with Inspectron Resolution 2017-090, a resolution approving the extension of the special use permit for an addition to the Water Street Inn, Case No. 2014-07 Resolution 2017-091, a resolution approving the extension of the special use permit for 1674 Market Drive, Case No. 1996-65 Resolution 2017-092, Appointment to Library Board Resolution 2017-093, approving the 2017-2018 Labor Agreement between the City of Stillwater and Local 49 International Union of Operating Engineers Page 12 of 13 City Council Meeting May 16, 2017 Resolution 2017-094, a resolution approving revised concept planned unit development, final planned unit development for Phases 1-3,preliminary plat for The Lakes at Stillwater, special use permit for a senior living facility, and the campus signage plan for The Lakes at Stillwater, Case No. 2017-08 Resolution 2017-095, a resolution approving the final plat for The Lakes at Stillwater, Case No. 2017-08 Resolution 2017-096, a resolution amending Resolution 2009-95, establishing Downtown Parking Commission and Bylaws Resolution 2017-097,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 Resolution 2017-098, 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 Financial Plan for District No. 13 Resolution 2017-099, chicken permit for Jennifer Walls, 310 Laurie Court Resolution 2017-100, approving 2017 Lumberjack Days special event, contract and temporary liquor license Resolution 2017-101, approval of proposal from WSB and Associates Resolution 2017-102, accepting bid and awarding contract for 2017 Street Improvement Project(Project 2017-02) Ordinance 1094, an ordinance amending the Stillwater City Code Page 13 of 13 �l 1 water TOE IINTNALACE OF MINNESOTA CITY COUNCIL RECORD OF CLOSED SESSION MEETING FOR LAND NEGOTIATIONS PURSUANT TO MN STAT. SEC. 13D.05 SUBD. 3(B) May 16,2017 Riverview Room Time convened: 6:00 p.m. Call to order by Mayor Kozlowski. Members Present: Councilmembers Menikheim, Junker, Weidner, Polehna and Mayor Kozlowski Members Absent: None Also present: City Administrator McCarty, City Attorney Magnuson, and Community Development Director Turnblad. Staff discussed options for sale/lease of city owned property located at Mulberry and 2nd Streets in conjunction with proposed TIF District#12 for the proposed hotel and parking structure on North Main Street. Staff and Council further discussed the pros and cons of selling or leasing of the city owned property as part of different TIF District scenarios that incorporated the proposed hotel and proposed parking structure (whether city owned or privately owned). Council provided staff with direction to have further discussions with the developer regarding various sale or lease of city property options as part of the proposed North Main hotel project and potential TIF District scenarios. Motion by Councilmember Junker, seconded by Councilmember Menikheim,to adjourn the closed session at 7:16 PM. All in favor Ted Kozlowski, Mayor ATTEST: _71404 J. J I homas McCarty, City •4ministrator