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HomeMy WebLinkAbout2018-10-02 CC MIN �� 1 I\Vater 216 4th Street N, Stillwater, MN 55082 651 430 8800 The Birthplace of Minnesota www.ci.stillwater.mn.us 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 Page 2 of 7 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. Page 3 of 7 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. Page 4 of 7 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 Page 5 of 7 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 Page 6 of 7 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. Page 7 of 7