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HomeMy WebLinkAbout2018-06-19 CC MIN e-fillwa ter 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota J www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES June 19, 2018 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:04 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 Public Works Director Sanders Community Development Director Turnblad City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of corrected minutes of the June 5, 2018 regular, recessed and closed session meeting Motion by Councilmember Junker, seconded by Councilmember Weidner, to approve the corrected minutes of the June 5, 2018 regular, recessed and closed meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS There were no petitions, individuals, delegations or commendations. OPEN FORUM Calvin Jones, 954 Northland Court, director of the Stillwater Area High School Mountain Bike Team and chairman of Stillwater Area Scholastic Cycling Associates, reviewed the activities of the team. It is comprised of 7th through 12th grade students. They are the 2017A High School Champions. He asked community members who are interested in riding to come out and help maintain the trails. Steph Beedle, and others representing Valley Ridge Mall, requested that the Council consider allowing a digital electronic LED sign. The property manager of Valley Ridge Mall stated the mall would like more exposure for its 24 tenants. One of the representatives informed the Council that the electronic signs use a Cloud-based system so they can rotate every minute and can be pre-programmed a week in advance. City Council Meeting June 19, 2017 Community Development Director Turnblad stated the present ordinance prohibits electronic messaging. Rewriting the ordinance would require consideration of issues like size, locations and speeds at which messages change. Councilmember Menikheim suggested the City needs to catch up with the times on allowable signage. JoAnn Grundhauser assured the Council tenants would want the sign to be professional and nice looking. Councilmember Weidner remarked this is a City-wide issue and that if electronic signs are allowed, it could be difficult to control the quality of the signs unless specifically addressed in design and location. Community Development Director Turnblad commented the Council would need to get input from businesses and others. Mr. Turnblad continued by stating that the review of the signage ordinance and electronic messaging signs is in the Department's work plan for 2018 but is not high priority. However, he has researched electronic messaging centers in other cities and if the Council wishes to revise the ordinance for the Public Administration Zoning district,the business park office and commercial areas, the Planning Commission would hold a public hearing and it would come before the Council for two readings of an ordinance. Steve Meister, 901 South Fourth Street,thanked the Council for installing lights on top of the stop signs at Fourth and Churchill. He read his letter for the record, stating that bicyclists often seem to fly through the intersection without stopping at all. He has received rude comments from them when he tried to address it. He asked the City to enforce traffic rules for bicyclists. STAFF REPORTS Police Chief Gannaway noted that a narcotics arrest was made by other jurisdictions on North Third Street. Staff is identifying the residence as a potential problem property. Councilmember Menikheim stated he is getting reports of the Freight House being open as late as 2 a.m. on Saturdays. He asked Chief Gannaway to check it out. Mayor Kozlowski stated he talked to the new manager, who indicated he was unaware that amplified music was not allowed until 2 a.m. Mayor Kozlowski thanked Chief Gannaway for cleaning up the Pedestrian Plaza downtown. City Clerk Ward reported that there will be a meeting June 21st at the Fire Department/Armory regarding their strategic plan. On June 26, the Council will meet with the Planning Commission. Community Development Director Turnblad stated there was a Minar neighborhood meeting last Thursday about development scenarios for the area. Public Works Director Sanders informed the Council that the river is rising which may impact Fourth of July activities. Staff will meet about it next week. Councilmember Polehna asked if there is a plan to correct problems by the Liberty ice rink. Mr. Sanders replied the area will be restored. Staff is looking at building a hockey-size rink in Bergmann Park which should cut down on the requests for small neighborhood rinks. Councilmember Polehna reported there have been hate brochures distributed around Stillwater. City Attorney Magnuson requested to send the brochures to him and he will meet with Chief Page 2 of 12 City Council Meeting June 19, 2017 Gannaway to determine whether it's protected speech or hate speech and if it violates a law or rule. City Administrator McCarty informed the Council that proposals for legal services are due this Friday, interviews will be held next week, and staff will bring a recommendation to the Council July 3. City Attorney Magnuson is retiring on July 31. He also reminded the Council of the following: the League of Minnesota Cities Annual Conference June 20-22 in St. Cloud; the St. Croix Valley Watershed Partners Workshop on the Water July 11;National Pollinator Week June 19-24. He stated that the resolution requesting a Slow No Wake Zone has been forwarded to Minnesota Department of Natural Resources which acknowledged receipt. They will advise the City of the next steps. The 2019 budget process is underway. City staff are working with the County for BOLD emergency operations planning and training. CONSENT AGENDA Resolution 2018-128, Directing the Payment of Bills Resolution 2018-129, resolution assessing transportation adequacy fees for Boutwell Farm Resolution 2018-130, resolution assessing transportation adequacy fees for Nottingham Village Resolution 2018-131, resolution assessing transportation adequacy fees for Westridge Resolution 2018-132, resolution and findings of fact denying the final plat for Heritage Ridge Possible approval of switch for 1st floor data closet - MIS Resolution 2018-133, approving Minnesota Premises Permit for lawful gambling for Bayport American Legion, Post 491 at Brian's located at 219 Main Street South, Stillwater, Minnesota Motion by Councilmember Menikheim, seconded by Councilmember Weidner,to adopt the Consent Agenda. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None PUBLIC HEARINGS Case No. 2017-68. A public hearing to reconsider a request by Michael McGrath,property owner for the reconsideration of a Zoning Text Amendment to allow retail use in the BP-I district by Special Use Permit for the property located at 1815 Greeley St S in the BP-I District. Community Development Director Turnblad reminded the Council that Michael McGrath, 1815 Greeley, LLC, applied for a Zoning Text Amendment to allow for the continued use of a tenant space in 1815 Greeley Street South as a retail store. The property is zoned BP-I, Business Park— Industrial, which only allows for retail sales of products manufactured on-site. The business in question does not qualify for this allowance. So the building owner is asking to allow limited retail sales of products not manufactured on-site. The Planning Commission approved the text amendment on a 6-1 vote. On February 20, 2018 the Council denied the ordinance request. Given a misunderstanding, neither the property owner nor his representative were at the February 20 Council meeting. Subsequently the owner asked the Council to reconsider the request. Mayor Kozlowski opened the public hearing. Tim Sauro, representing Michael McGrath, explained that a small portion of Sew with Me business is retail. Page 3of12 City Council Meeting June 19, 2017 Laura Heine, business owner, stated they use the Stillwater location as a support location for their other retail locations, receiving goods there, manufacturing kits that are sold in other locations, and running commercial equipment that finishes quilts. They do some retail for local customers looking to replace equipment, and they also operate an online business. All goods are shipped out of this location. Councilmember Junker asked if the shop has regular store hours. Ms. Heine replied yes. Councilmember Menikheim asked how long the shop has been there. Ms. Heine stated since last fall. Councilmember Menikheim asked if the amendment is denied, how the City would enforce the non-compliance. City Attorney Magnuson replied the City would first send a cease and desist letter. If not obeyed, the business could be cited with a ticket or an injunction could be brought against them to have them removed. Mr. Turnblad clarified that currently,the code allows the sale only of items that are manufactured on site. The difference here is that retail is only a part of it. The sewing machines are serviced here but not manufactured on site. The area could end up with a lot more retail sales if the text amendment is passed as proposed. If the Council wants to tighten it up and still allow this business to be there, it can be done. Staff suggests that 10% of the overall space could be retail sales of items that would not need to be manufactured on site. Councilmember Junker remarked he is in favor of allowing up to 10%to be used for retail because the need for bigger space is slowly diminishing. Mr. Turnblad stated he could bring back two versions of the language that could allow this business to stay where it is. He suggested the Council table the first reading. Mayor Kozlowski closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to table to the next meeting first reading of an Ordinance amending the Stillwater City Code, Sec. 31-325, Allowable Uses in Non-Residential Districts. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None UNFINISHED BUSINESS Possible approval of the first reading of an ordinance amending Chapter 30 of the City Code, entitled Garbage and Rubbish City Clerk Ward explained the proposed Chapter 30- Solid Waste and Recycling,which is in line with Washington County's Solid Waste Plan and Minnesota Statutes. Because of complaints from neighbors abutting commercial areas about being awakened by early morning garbage pickup, Ms. Ward is suggesting that the amendment restrict commercial pickup times to 7 a.m. - 7 p.m., the same as for residential pickup. Susan Young,Foth Infrastructure&Environment,has provided language for the City's consideration in the revised Section 30-7, Subd. 5. Staff recommends that the Council approve the first reading of the ordinance with the language suggested by Ms. Young. Councilmember Junker stated early morning garbage pickup is part of living near a commercial area. Page 4 of 12 City Council Meeting June 19, 2017 Ms. Young noted that some cities with residents next to commercial areas are restricting garbage collection hours. Mayor Kozlowski commented that 7 to 7 makes sense for a neighborhood but perhaps not for commercial areas. It may cost them more money and take longer to get the garbage picked up, and they want to get the garbage out of there before employees start coming. He asked Ms. Ward to keep track of the complaints and if there is a specific area generating them,the City could reach out to the collector rather than restricting commercial pickup times. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to approve the first reading of an Ordinance Amending Chapter 30 of the Stillwater City Code, entitled Garbage and Rubbish, with the suggested language except removing the recommended time restrictions for commercial pickup, and to direct staff to prepare the final ordinance and resolution for licensing haulers for the July 3, 2018 meeting. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Possible approval of the second reading of Ordinance 1105 amending City Code - Chapter 22, City Administration City Clerk Ward stated at the last meeting the first reading was held. At the Council's request, staff added language stating the City Council shall appoint a Council representative as a Library Board Member. Mayor Kozlowski expressed appreciation for Councilmember Menikheim's service on the Library Board but he is not sure if the Councilperson should be a voting member versus a liaison as in the past. Councilmember Menikheim stated his Library Board term is up in 2020 but his intention is not to stay there beyond the expiration of his term on the Council. He feels there is value in having a Council vote on the Library Board. In the past there was tension, partly because the Council did not have clear idea of what was going on at the Library. To maintain a collaborative relationship with the Library,there needs to be a Councilmember on the board because the Library is spending taxpayer money. Councilmember Polehna suggested striking Subdivision 2 and having a Council representative on the Library Board as a liaison, rather than as a voting member. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Ordinance No. 1105, an Ordinance Amending the Stillwater City Code with the change of striking Subdivision 2 and moving the Library to Subdivision 1 with a Council liaison to the Library Board. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Request by Browns Creek West LLC, Jon Whitcomb, property owner, for the consideration of a Special Use Permit and any related Variances thereto,to build a new residential condominium on the property located at 107 third St N in the CBD district. Referred by Planning Commission. (Tabled from June 5, 2018 meeting.) Community Development Director Turnblad stated the request was tabled two weeks ago to gain more information on the potential impact of traffic generated by the condominium. He presented a supplemental report written by Jeff Bednar of SRF to address concerns related at the last Page 5of12 City Council Meeting June 19, 2017 meeting. Staff recommends approval of the setback variances and the SUP with 16 conditions, adding Condition#17 stating, "if vehicles leaving or entering the property are found by the City to be a safety concern, then the driveway shall be reconfigured in a manner found acceptable to the City." Also tabled from the last work session was the developer's request for tax increment financing (TIF) assistance. If the Council wants, it may direct staff to further investigate the use of TIF for the project. Councilmember Junker asked if there was further discussion of the suggestion of two weeks ago to consider eliminating parking spaces on the south side of Myrtle Street to ease potential traffic backups. Mr. Turnblad replied that was not addressed in Mr. Bednar's supplemental memo,but staff looked at the suggestions. Staff feels that if the traffic generated by this project merits, then some of the suggestions could be implemented but that would not be the first step. Staff does not recommend making those mediation improvements unless the condominium traffic warrants it in the future. Councilmember Junker stated he feels at least three parking spaces should be eliminated on Myrtle across from the proposed condo entrance/exit because the area is very limited and tight. Mr. Turnblad replied staff is concerned that would complicate the intersection by creating another bypass lane, causing drivers to make another maneuver. From the traffic analysis provided, the project will not make the problem worse and staff does not have any reason to believe that's not true. Councilmember Junker stated he is not talking about adding a bypass lane,just eliminating the parking and painting the curb yellow. Mayor Kozlowski asked, why not have the condominium parking garage be right-in, right-out? He feels the left turn in would create a problem. The intersection is his only concern about the project. Mr. Turnblad responded that the supplemental memo from Mr. Bednar recommends a right-in, left-out, keeping all condo traffic out of the Third/Myrtle intersection. Councilmember Polehna suggested the City better delineate that intersection, adding striping as was done at Greeley and Churchill Streets near the hospital. Councilmember Menikheim remarked he cannot support the proposal because it adds traffic to a difficult, challenging intersection. Councilmember Junker stated the Third/Myrtle intersection was problematic well before Mr. Whitcomb bought the property. He has known the developer all his life. He thinks it's a fabulous project,just in the wrong spot. The project is going to create a lot of ins and outs, further stressing a very challenging intersection. He noted he has received countless phone calls and emails indicating concern. Councilmember Weidner stated he does not have a problem with the proposal. The additional traffic is not going to change the fact that it is a difficult intersection. Councilmember Polehna stated the entrance is on the hill is his only problem with the project. Peter Coyle, land use counsel for the development, informed the Council the developer realizes there is a difference of opinion and want to help mitigate the concerns. He appreciates the staff recommendation to not do anything at first. He would also be comfortable with the recommendation of removing the parking on the south side of Myrtle and with the right-in, right- Page 6 of 12 City Council Meeting June 19, 2017 out as suggested two weeks ago. The intersection is what it is. The development is not causing the problem. Mayor Kozlowski asked if there is any way to access the public ramp to the north. Architect Roger Tomten replied that they analyzed all kinds of internal car circulation patterns to get to the parking structure, but there is not enough room on the site due to its small 90 x 150' size. Mayor Kozlowski reflected that he would like to see a solution as a condition rather than a wait and see approach. Councilmember Junker stated even if the project does not proceed, he still wants to eliminate those three parking spaces on Myrtle Street. Jon Whitcomb, developer, responded to the Council by stating that there is no need to debate the challenges that the intersection has, but up to this point the City hasn't done anything to remedy them. The City could alleviate the no left turn on Chestnut or put a stop sign at Second Street to slow traffic down. A right-in, right-out or a right-in, left-out would be fine. The City has many challenging intersections. He feels that because it is confusing, this intersection actually causes drivers to slow down. He does not feel the Council should limit development downtown based on one intersection, especially if the City does nothing to mitigate its risks. Mayor Kozlowski asked if the no left turn off of Main onto Chestnut is being eliminated. Public Works Director Sanders responded that if drivers northbound on Main Street have to wait for other drivers making a left turn going up Chestnut, then they may go around and bypass where the right turn lane is now, so the City may have to eliminate more parking on Main Street. Staff thought they would wait until the pedestrian plaza project is completed to look at possibly eliminating all left turns. Mayor Kozlowski asked if a condition could be imposed that before permits are issued,the project comes back with a condition rather than leaving it open and waiting until a problem develops. Mr. Turnblad replied that a condition could require that steps be taken to look at the mitigation items discussed. Suggested Condition#17 could be replaced with a requirement that those traffic impact mitigation items be approved by the City Engineer prior to issuance of a building permit. Motion by Councilmember Weidner to adopt Resolution 2018-127, a resolution approving a special use permit and variances for a condominium project at 107 North Third Street, CPC Case No. 2018- 23, with Conditions 1-16. Motion failed for lack of a second. Motion by Councilmember Polehna, seconded by Mayor Kozlowski, to adopt Resolution 2018-127, a resolution approving a special use permit and variances for a condominium project at 107 North Third Street, CPC Case No. 2018-23, with Conditions 1-16 and adding Condition#17 requiring that staff look at the Third and Myrtle intersection as well as some traffic alternatives downtown to try to find a solution(possibly to include a stop sign at Second Street,eliminating the no left turn at Chestnut Street, and requiring right-in, right-out or right-in, left-out turning only, or other options). Councilmember Polehna withdrew the motion for further discussion. Mayor Kozlowski withdrew the second. Councilmember Polehna asked if the developer has 40 spots in the City ramp,why they can't use them for condominium parking. Page 7 of 12 City Council Meeting June 19, 2017 Mr. Turnblad replied there are 40 parking spaces credited with the project, but if they don't use the spots, it doesn't affect the ramp. It's a function of the development agreement. Mayor Kozlowski noted he would like to see a development at this site, but maybe this isn't the right fit. It's the left turn into the development going down the hill that he thinks is going to create a problem. Outside of that, he doesn't see how the project is going to make the Third/Myrtle intersection any worse. Councilmember Menikheim commented the intersection safety is already questionable. Why should the City add to the challenge that already exists? Motion by Councilmember Menikheim, seconded by Councilmember Junker, to deny a resolution approving a special use permit and variances for a condominium project at 107 North Third Street, CPC Case No. 2018-23. Ayes: Councilmembers Menikheim and Junker Nays: Mayor Kozlowski, Councilmembers Weidner and Polehna Motion failed 2-3. Councilmember Junker stated he would like to see the developer come back with a project that either uses the 40 spaces in the ramp or uses a Third Street entrance. Mr.Whitcomb reminded the Council that 15-17 years ago,three significant condominium projects were built downtown, all with underground parking because the Comprehensive Plan encourages that. The 501 building with approximately 60 units accesses right onto Main Street, the busiest street downtown with no intersection at all. So to draw the conclusion that this project is going to be worse than any project to date is arbitrary. Mills accesses onto Mulberry, and Terra Springs comes onto Main Street. He has not seen accidents at Myrtle and Third Streets. It is concerning to him that the Council seems poised to draw a line in the sand at this particular intersection. Councilmember Junker noted he has lived in the 501 building downtown. It does not have the accidents and safety issues that he sees at this site. The City has looked at other development proposals for this site that didn't require the underground parking as proposed. Councilmember Menikheim remarked if something happens there and he was part of the decision to let that happen, he would have to live with that. Mayor Kozlowski noted he is fine with the project and realizes the concerns. He pointed out that the Planning Commission and City staff have recommended approval. He thinks the traffic impacts can be mitigated. The only problem he sees is going down the hill and trying to make a left. Motion by Mayor Kozlowski, seconded by Councilmember Polehna to adopt Resolution 2018-127, a resolution approving a special use permit and variances for a condominium project at 107 North Third Street, CPC Case No. 2018-23, with Conditions 1-16 and adding Condition#17 that there be a solution identified to mitigate the entrance and exit of the parking, leaving that up to staff working with the developer,to look at eliminating the no left turn at Chestnut,before issuing a building permit. Councilmember Menikheim remarked you can delegate responsibility but you can't delegate accountability. Page 8of12 City Council Meeting June 19, 2017 Councilmember Weidner commented the Council is effectively passing this without any restrictions. Staff stated they looked at this and it is fine. There may not be a solution to this problem. He sees this as no different as his earlier motion to pass it without restriction. Community Development Director Turnblad summarized what the Council has discussed by stating that the Council intends there will be some restriction at the driveway, either right-in, left- out or right-in, right-out; no parking on the south side of Myrtle; and staff will look at Chestnut and Main in regard to removing the no left turn prior to the issuance of a building permit Ayes: Mayor Kozlowski, Councilmembers Weidner and Polehna Nays: Councilmembers Menikheim and Dunker Mr. Turnblad asked the Council if they wished to discuss the request for TIF assistance. Councilmember Weidner replied he is not in favor of it. Councilmembers Junker and Polehna also stated they were not in favor of TIF assistance. Possible accepting of bids and awarding contract for 2018 Street Improvement Project(Project 2018- 02) Public Works Director Sanders stated that the bid letting for the 2018 Street Improvement project was June 5, 2018. The City received one bid in the amount of $2,079,682.17 submitted by Hardrives, Inc. of Rogers Minnesota. This amounts to roughly 15% over the engineer's estimate of$1,813,000. Unit prices between the engineer's estimate and the contractor's bid prices were comparable except for a few items: mobilization, traffic control, concrete and bituminous removals, and drainage structures. Some of these items were more than two times the estimated price and add significant cost to the work. The contractor explained that the price difference was due to many different areas of the project, and multiple equipment relocations. Consideration was given to rejecting the bids and rebidding next year, but the contractor mentioned that oil and concrete costs could be 20-30% higher next year. Using the pricing as quoted, assessments rates in some project areas will increase by 20%. Staff found areas where money can be saved by either negotiating a lower unit price, reducing some bid item quantities, or tapping into the contingency used in the feasibility estimate. Staff was able to save over$120,000 in project costs and keep the assessments fairly close to the feasibility estimate. It is recommended that the City accept the bid submitted for the 2018 Street Improvement Project, Project 2018-02, and award the contract to Hardrives, Inc. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2018-134, accepting bid and awarding contract for the 2018 Street Improvement Project (Project 2018-02). Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None NEW BUSINESS Consideration of tax abatement request and calling for hearing for Lift Bridge Brewery Community Development Director Turnblad stated that a resolution starting the process has been drafted setting the public hearing for July 17. An estimated $82,650 per year would be abated in the City's portion of the tax burden for period of 15 years, so the total would not exceed $1.24 million of City funds. If the County also abates for 15 years, that would be an additional $40,000 Page 9 of 12 City Council Meeting June 19, 2017 a year or $600,000 over 15 years. Total abatement would be $1.84 million if both jurisdictions agree, for a period of 15 years. Councilmember Weidner asked if a hardship must be proven to abate the taxes. Mr. Turnblad replied that tax abatement does not require the same test as with TIF, but it is good practice to apply the test that if the City didn't give the developer this help,they wouldn't be able to write down the cost of being able to stay in the City. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2018-135, resolution calling for a public hearing on proposed property tax abatements for the Lift Bridge Brewery project. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Request by Matthew Rydeen for a license to operate horse drawn carriage rides in Stillwater Community Development Director Turnblad stated that Matthew Rydeen would like to operate a carriage ride business in Stillwater. It would offer two types of rides, one for private events such as birthday parties and weddings, and the other would be public rides staged from either the private parking lot owned by Mr. Desch or the lot owned by Johnny's TV. Mr. Rydeen is requesting the Council to approve a license for the carriage rides to use public streets. Hours would be about noon to 9 p.m. on Saturdays and Sundays and occasional Fridays. Starting spots for the private rides would be throughout the City at the client's request. The proposed route uses only those portions of Main Street where he is trying to avoid the steepest grades. If Sam Bloomer Way is underwater, then he would use Water Street. Staff recommends approval of the license with nine conditions, but until the City receives written confirmation of the lease arrangements for the private lot staging area, no public rides will be allowed. Councilmember Weidner asked if the license would be reviewed after a year. Mr. Turnblad stated yes, the applicant would have to reapply for the license each year. Councilmember Junker asked about the timeframe of the public rides. Matt Rydeen replied he would like to start July 1 and go till mid-October for both the public and private rides. He would like to offer the rides maybe half a dozen Fridays the whole summer. Councilmember Junker asked if there is a catcher behind the horse for waste. Mr. Rydeen stated yes. Councilmember Menikheim remarked it's a great idea but not on Stillwater streets which are already crowded. He noted that horses can spook and if they do, they can become 1500 pound unguided missiles. Mr. Rydeen responded that he rides the horse down Highway 95 and has driven her in Lindstrom and taken her through the drive through of Dairy Queen. Mayor Kozlowski stated his only concern is making sure the waste is contained. Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2019- 136, resolution granting license to Matthew Rydeen for the operation of horse drawn carriage rides on City streets, Saturdays and Sundays, and six Fridays July 1 to mid-October. Ayes: Mayor Kozlowski, Councilmembers Junker, Weidner and Polehna Nays: Councilmember Menikheim Page 10 of 12 City Council Meeting June 19, 2017 Consideration of resolution authorizing acquisition of real property for public purposes City Attorney Magnuson stated that the proposed resolution allows the City to begin the process of property acquisition. It finds that there is a public purpose for the acquisition of property to augment parking. The legal description is intended to be the parking area around Shorty's, allowing a five foot side yard setback from the walls of the building but not including the taking of the building. Before petitioning the district court,the City must provide the owners with copies of all appraisals and ensure that the appraiser meet and confer with one or more of the owners and advise them of the right to obtain their own appraisal. The City must make a good faith effort to meet and negotiate personally with the owners to determine whether it is possible to make a direct purchase of the parcel and avoid eminent domain. All of this must be finished 60 days before filing with the district court. Motion by Councilmember Weidner, seconded by Councilmember Menikheim,to adopt Resolution 2018-137, resolution authorizing acquisition of real property for public purposes. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS Councilmember Polehna reported that the fireworks are all ready to go for the Fourth of July. City Attorney Magnuson stated that Chris Eng from Washington County asked that if the Council authorized the setting of a hearing for tax abatement for Lift Bridge Brewery,the City send a letter to Washington County. Mr. Turnblad agreed to do so. Councilmember Polehna stated that the Yellow Ribbon Committee received a grant for $2,500 for the VFW art history project at the armory. They have another $4,000 to raise. The Yellow Ribbon Committee and the troops are lined up to be in the Lumberjack Days parade. There will be a troop hunt on December 8 for the troops who are returning from deployment. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the meeting. All in favor. The meeting was adjourned at 10:08 p.m. ed Kozlowski, Mayor AT EST: Diane F. Ward, City Clerk Resolution 2018-127, a resolution approving a special use permit and variances for a condominium project at 107 North Third Street, CPC Case No. 2018-23 Resolution 2018-128, Directing the Payment of Bills Page 11 of 12 City Council Meeting June 19, 2017 Resolution 2018-129, resolution assessing transportation adequacy fees for Boutwell Farm Resolution 2018-130, resolution assessing transportation adequacy fees for Nottingham Village Resolution 2018-131, resolution assessing transportation adequacy fees for Westridge Resolution 2018-132, resolution and findings of fact denying the final plat for Heritage Ridge Resolution 2018-133, approving Minnesota Premises Permit for lawful gambling for Bayport American Legion,Post 491 at Brian's located at 219 Main Street South, Stillwater,Minnesota Resolution 2018-134, accepting bid and awarding contract for 2018 Street Improvement Project (Project 2018-02) Resolution 2018-135,resolution calling for a public hearing on proposed property tax abatements for the Lift Bridge Brewery project Resolution 2018-136, resolution granting license to Matthew Rydeen for the operation of horse drawn carriage rides on City streets Resolution 2018-137, resolution authorizing acquisition of real property for public purposes Ordinance No. 1105, an Ordinance Amending the Stillwater City Code (Chapter 22, City Administration) Page 12 of 12