HomeMy WebLinkAbout2018-10-02 CC MIN �� 1 I\Vater 216 4th Street N, Stillwater, MN 55082
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CITY COUNCIL MEETING MINUTES
October 2,2018
REGULAR MEETING 4:30 P.M.
Mayor Kozlowski called the meeting to order at 4:30 p.m.
Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, and Polehna
Absent: None
Staff present: City Administrator McCarty
Asst. City Attorney Bridget McCauley Nason
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
City Clerk Ward
OTHER BUSINESS
Lily Lake Improvements—Middle St. Croix WMO
Public Works Director Sanders reminded Council that a few months ago Mike Isensee,
Administrator presented information on two possible projects to assist the City in achieving the
last 45 lbs. of reduction required by the Minnesota Pollution Control Agency (MPCA). Mr.
Isensee continued by reviewing a grant proposal for the projects that would require a 25%match,
approximately $324,125, should the MSCWMO receive the grant.
There were Council concerns of the commitment of 25%to projects to improve the quality of the
lake that isn't used for swimming etc. Council requested additional information from Mr. Isensee
and Public Works Sanders on the costs of each of the projects, costs of potential rain gardens,
assessments for the street, timing etc. prior to the determination of the City's match.
Old Armory Update
Matt Wolf, owners of the Old Armory provided an update and proposed concept for the Armory.
Their plans included plans to provide on-site parking therefore some of the uses have been
changed to include commercial or office,housing(rental units) and parking. Mr. Wolf stated that
they would not be asking for TIF assistance or looking to put any parking into the downtown
parking system.
Mr. Wolf explained that the parking would be streamlined to ensure that commercial parking
would be separate from the residential parking in the building. He stated that the parking stalls
would be what is required in the City's code.
STAFF REPORTS
Fire Chief Glaser reminded the Council of Fire Prevention Week and the Open House scheduled
for Saturday, October 6th
City Council Meeting October 2, 2018
Public Works Director Sanders provided Council with an update of the City and Washington
County road projects occurring in the City.
City Administrator McCarty informed the Council that the Heritage Preservation Commission
would like to submit an application to host the 2019 Heritage Preservation Commission
conference and requests Council support and a letter from the Mayor showing that support.
Motion by Councilmember Junker, seconded Councilmember Polehna directed staff to prepare the
letter for the HPC and authorized the Mayor to sign on the City's behalf
Mayor Kozlowski recessed the meeting at 5:27 p.m.
RECESSED MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:00 p.m.
Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, and Polehna
Absent: None
Staff present: City Administrator McCarty
City Attorney Land
Fire Chief Glaser
Police Chief Gannaway
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 the September 18, 2018 regular meeting minutes
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the
minutes of the September 18, 2018 regular meeting. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Possible approval of first reading of an ordinance amending the Stillwater City Charter — Wally
Milbrandt, Chair of the Charter Commission
Charter Commission Chair Milbrandt reviewed the Charter's proposed changes to the Charter.
He explained that the changes are updates to reflect current businesses practices and that he has
talked to the Library and Water Boards regarding the changes to the submittal of their financial
reports.
Motion by Councilmember Polehna, seconded by Councilmember Menikheim to approve the first
reading of an ordinance amending the Stillwater City Charter.
Ayes: Councilmembers Menikheim, Junker, Weidner Polehna and Mayor Kozlowski
Nays: None
Proclamation: Fire Prevention Week
Mayor Kozlowski read a proclaiming October 7-13 as Fire Prevention Week and encouraged
residents to be aware of their surroundings, look for available ways out in the event of a fire or
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City Council Meeting October 2, 2018
other emergency,respond when the smoke alarm sounds by exiting the building immediately, and
to support the many public safety activities and efforts of the Stillwater Fire Department during
Fire Prevention Week 2018.
Assistant Chief of Operations, Chris Zeuli provided the community information on the Open
House being held on Saturday, October 6, 2018.
OPEN FORUM
There were no public comments.
CONSENT AGENDA
Resolution 2018-213, directing payment of bills
Ordinance 1113, an ordinance amending the Stillwater City Code (updating of various chapters
of the City Code)
Resolution 2018-214, approving the issuance of a New Off-sale Liquor License to Midnight
Spirits LLC, DBA The Stills
Resolution 2018-215, approving assessment appeal waiver agreement for Boutwell Farms
Resolution 2018-216, approving assessment appeal waiver agreement for Nottingham Village
Resolution 2018-217, approving assessment appeal waiver agreement for Westridge
Resolution 2018-218, resolution rescinding Resolution No. 2018-137 authorizing acquisition of
real property for public purposes
Resolution 2018-219, resolution adopting assessments for water service improvements for
various resident projects (L.I. 422-1, L.I. 422-2, L.I. 422-3)
Resolution 2018-220, approving master services agreement with Environmental Resources
Management Inc.
Possible approval of sanitary sewer adjustments
Possible approval to purchase Granicus Board & Commissions Management Software
Possible approval of temporary liquor license—Greater Stillwater Area Chamber—River Market's
Annual Meeting—October 6, 2018
Possible approval of temporary liquor license — Greater Stillwater Area Chamber— The Zephyr
Theatre Masquerade Ball—October 13, 2018
Possible approval of temporary liquor license — Greater Stillwater Area Chamber— Haunted
History Trolley Tours—October 18-20, 2018
Possible approval of temporary liquor license — Greater Stillwater Area Chamber— Haunted
History Trolley Tours—October 25-27, 2018
Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent
Agenda.
Ayes: Councilmembers Menikheim, Junker, Weidner Polehna and Mayor Kozlowski
Nays: None
PUBLIC HEARINGS
There were no public hearings.
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City Council Meeting October 2, 2018
UNFINISHED BUSINESS
Possible approval of 2019 Ice Castle Agreement
City Administrator McCarty reviewed the proposed contract for the 2019 Ice Castles
incorporating the changes that Council directed at the last meeting. He mentioned that there
would be some adjustments to the contract in continuing discussions with the Ice Caste personnel,
but felt that the City's protections are incorporated into the agreement.
Councilmember Junker inquired about the size of the castle. Public Works Director provided an
estimate of the location of the Ice Castle and City Administrator McCarty informed the Council
that the final layout has not been finalized.
Mayor Kozlowski stated he is not concerned with the size as long as they do not interfere and
impact the City's infrastructure.
Motion by Councilmember Menikheim, seconded by Councilmember Weidner to adopt Resolution
2018-221, resolution approving the Ice Castles Agreement.
Ayes: Councilmembers Menikheim, Junker, Weidner Polehna and Mayor Kozlowski
Nays: None
Possible approval of second reading of Ordinance 1114, an interim ordinance prohibiting subdivision
of lots in Springcreek and Boutwell Valley Estates
City Administrator McCarty reviewed the proposed interim ordinance prohibiting the subdivision
of lands in the Minar area to allow for staff to prepare zoning regulations that Council and the
residents have requested for this area.
On a question from the Mayor, City Attorney Land explained that the interim ordinance would be
in effect for one-year or when a new zoning amendment is adopted by the Council, whichever
comes first. The interim ordinance sunsets in one year and development could occur if a zoning
amendment is riot complete by then.
City Administrator McCarty stated that there would be public hearings at the Planning
Commission for additional public input.
Mayor Kozlowski welcomed public comments.
Bob Aiken, 7640 Minar Lane N, spoke in favor of the moratorium on the subdivision of lots and
felt that this area is special to the City.
Former Mayor Jay Kimble urged the Council not to impose this moratorium as he felt it was not
legal according Minnesota Statute in following annexation of townships. He suggested that
Council follow the Planning Commission minutes of April 27, 2018. He provided a history of
the Orderly Annexation Agreement done in 1996 and the discussions with residents of Stillwater
Township and the promises that were made regarding development should the residents decide to
develop or not. He asked that the Council protect the institutional integrity that provided those
promises. He felt that it was not needed, do the study but do not restrict the landowners.
Mr. Ed Ottis, 12070 87th Street N, felt that because the agreement would be expiring and things
addressed in the agreement were not addressed with the City taking in 2015. The issue he is
concerned about the taxation if there is a development exemption. He had questions on the
extension of proposed utilities after the agreement expires. He asked that Council really look at
the Orderly Annexation agreement.
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City Council Meeting October 2, 2018
Mayor Kozlowski stated that it was his understanding that there is no restrictions on subdivisions
into quarter acre or acre lots right now.
City Attorney Land stated that there is no prohibition for landowners in the area to subdivide at
this time.
Mayor Kozlowski stated that he has heard that the neighborhood does not want mini-
developments popping up and he continued by stating that the moratorium would prohibit that
type of development and allow staff time to develop a zoning designation that would fit in the
Minar neighborhood.
Ms. Land stated that a requirement of the agreement is that any zoning designation must be
adopted by the Joint Board and the Planning Commission.
Councilmembers Junker and Weidner agreed with the enactment of a moratorium as it allows for
the opportunity to study, get input and have a zoning designation what is best for the area.
He felt that this study and zoning designation should be a top priority to make a decision quick
for the neighborhood.
Councilmember Weidner reminded Council that the official action and promises of the annexation
is what is in writing within the Orderly Annexation Agreement
Motion by Councilmember Weidner seconded by Councilmember Polehna to adopt Ordinance 1114,
an interim ordinance prohibiting subdivision of lots in Springcreek and Boutwell Valley Estates.
Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski
Nays: None
NEW BUSINESS
Request from Summer Tuesdays Inc. -Harvest Fest Base Fee Waiver
City Clerk Ward reviewed the request for the Harvest Fest Base Fee Waiver. She continued, by
stated that the staff recommendation is to deny the waiver based on the adopted special event
fees. However,If a fee waiver is granted, staff recommends that a$500 be charged to be consistent
with other 1 day events that will pay $500 to use the park.
Mr. Cory Buettner, requested that Council also consider waiving the "load-in" fee by stating that
they operate on a break even budget with a '.rainy day fund" that ensures our continuation. For
these reasons we ask that the City of Stillwater waive the base event fee and load-in fee.
Council recognized that the event does bring in many people to Stillwater, however they noticed
that the fees have gone down in comparison to 2017 rates before the special event policy was
approved. Mayor Kozlowski informed the organization that he would personally help out with
the load-in fee.
Motion by Councilmember Polehna, seconded by Councilmember Weidner to approve the reduction
of the base fee for Harvest Fest from $1,000 to $500.00. All in favor.
Possible approval of agreement between the State of Minnesota & City for the Lily Lake Public
Fishing Pier
Public Works Director stated that the DNR and staff reviewed the condition of the Lily Lake Pier
which is in need of repair. He informed the Council that the DNR has indicated that they would
be willing to furnish to the City all materials to replace the fishing pier including wood, floats and
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City Council Meeting October 2, 2018
hardware as long as the City agrees to construct and maintain the pier. It was estimated by the
DNR that the material replacement cost alone is in excess of$30,000.
Mr. Sanders, continued by stating that in talking to Tim Moore, Public Works Superintendent,
about reconstructing the pier, he felt the task was too large for city crews to do and hiring a
contractor is the best option with a preliminary cost for this work is $12,000. He informed
Council that this work was not accounted for in our budget and staff is requesting funds from the
Park Dedication Funds be used to pay for the construction of the pier.
Mr. Del Peterson stated that the Lily Lake Association&Rotary Club have some volunteers that
can help with the pier.
Motion by Councilmember Menikheim, seconded by Councilmember Polehna to adopt Resolution
2018-222,approving agreement between the State of Minnesota and the City of Stillwater for the Lily
Lake Public Fishing Pier Land Use, Operations and Maintenance Cooperative Agreement.
Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski
Nays: None
Possible award of contract for Pioneer Park Restroom Rehabilitation (Resolution—Roll Call)
Public Works Director Sanders reviewed the bids for the Pioneer Park Restroom Rehabilitation
project.
Motion by Councilmember Polehna, seconded by Councilmember Junker to adopt Resolution 2018-
223, accepting bids and a warding the contracts for 2018 Pioneer Park Restroom Project (Project
2018-14).
Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski
Nays: None
COMMUNICATIONS/REQUESTS
Mayor Kozlowski reminded the community about Octoberfest Help End Homelessness for
Minnesota Veterans on October 13, 2018, 12-6 p.m. at the Minnesota Stillwater Rediness Center
sponsored by the American Legion Post 48.
COUNCIL REQUEST ITEMS
There were no Council request items.
ADJOURNMENT
Motion by Councilmember Junker, seconded by Councilmember Polehna,to adjourn at 8:23 p.m.All
in favor.
Ted Kozlowski, ayor
AT EST:
•
Diane F. Ward, City Clerk
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City Council Meeting October 2, 2018
Resolution 2018-213, directing payment of bills
Resolution 2018-214, approving the issuance of a New Off-sale Liquor License to Midnight Spirits
LLC, DBA The Stills
Resolution 2018-215, approving assessment appeal waiver agreement for Boutwell Farms
Resolution 2018-216, approving assessment appeal waiver agreement for Nottingham Village
Resolution 2018-217, approving assessment appeal waiver agreement for Westridge
Resolution 2018-218,resolution rescinding Resolution No. 2018-137 authorizing acquisition of real
property for public purposes
Resolution 2018-219, resolution adopting assessments for water service improvements for various
resident projects (L.I. 422-1, L.I. 422-2, L.I. 422-3)
Resolution 2018-220, approving master services agreement with Environmental Resources
Management Inc.
Resolution 2018-221,resolution approving the Ice Castles Agreement
Resolution 2018-222,approving agreement between the State of Minnesota and the City of Stillwater
for the Lily Lake Public Fishing Pier Land Use, Operations and Maintenance Cooperative
Agreement
Resolution 2018-223, accepting bids and a warding the contracts for 2018 Pioneer Park Restroom
Project (Project 2018-14)
Ordinance 1113, an ordinance amending the Stillwater City Code (updating of various chapters of
the City Code)
Ordinance 1114, an interim ordinance prohibiting subdivision of lots in Springcreek and Boutwell
Valley Estates.
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