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HomeMy WebLinkAbout2022-07-26 CC MINSti1Iwai o The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES July 26, 2022 CLOSED SESSION Mayor Kozlowski called the meeting to order at 3:45 p.m Present: Mayor Kozlowski, Councilmembers Collins, Junker, Polehna Absent: Councilmember Odebrecht 3:45 P.M. Staff present: City Administrator Kohlmann City Attorney Land Human Resources Manager Robole Labor Attorney Hanson The Council met in Closed Session, pursuant to Minn. Stat. §13D.03, subd. 1(b), to consider strategy for labor negotiations. Motion by Councilmember Polehna, seconded by Councilmember Collins, to recess to the Regular Meeting. All in favor. The meeting was recessed at 4:20 p.m. REGULAR MEETING Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Polehna Absent: Councilmember Odebrecht Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders IT Manager Holman Library Director Troendle OTHER BUSINESS 4:30 P.M. Water Service Repair Request Public Works Director Sanders explained that Roger Ryan is requesting City assistance on insulating the water service to his property at 1016 N. Third Street, to correct the freezing risk to water service between the main and the house. The house was constructed in 1985. The service line at this property has frozen in the wintertime because of the shallow depth of the service in the street. This was due in part to the location of a telephone conduit that is adjacent to the watermain where the service had to go up and around the conduit, rather City Council Meeting July 26, 2022 than be placed the same depth as the watermain. During the winter months, the property is allowed to have a continuous flow of water, to avoid freezing pipes. With the continuous flow of water and the property having a lift system for the sanitary sewer, there is a concern in winter of flooding if the electricity goes out while the owner is away for the winter months. The estimated cost to correct the issue is in excess of $15,000. The request for assistance was reviewed by the Utility Commission and denied in part because service repair and maintenance is 100% the property owner's responsibility. Roger Ryan, 1016 N. Third St, further explained the issue and stated he has been working to resolve this for 3.5 years, considering several options. The work was permitted and signed off by the City and the installation permit is on file. The contractor, Pinky's Excavating, no longer does this type of work. Mr. Ryan requested City assistance to pay for correction, and showed the two bids of $15,000 and $17,800. Councilmember Junker stated he is not in favor of providing City assistance. He questioned whether the house should have been built in its location due to unique topography. Deanna Mae Ryan, property owner, stated they were told the problem started not when the house was built, but when curb and gutter was constructed on Wilkins Street. Public Works Director Sanders stated when the Wilkins Street improvement was done, the grades did not change. Mayor Kozlowski noted that every homeowner is responsible for 100% of costs related to water line construction or replacement, so it would be hard to make an exception. He suggested the City could replace the water service replacement whenever a street project is done, and put it on the homeowners' taxes. Councilmember Junker stated he is not in favor of that. Mrs. Ryan replied that the house was taxed at the time for the work that was done, the City chose the contractor, and the contractor did it incorrectly. The problem is in the street, not the water line. The Consensus of the Council was to deny City assistance. Councilmember Polehna suggested another contractor, and Mr. Gladhill referred the property owners to low interest loan and grant programs through Washington County. Locomotive Steam Engine 328 Discussion City Attorney Land informed the Council that the City owns Northern Pacific Locomotive No. 328, which is being housed at the Minnesota Transportation Museum in St. Paul, pursuant to a lease agreement with the City, which runs until 2031. The Museum recently approached City staff asking the City to donate the Steam Engine to them. She explained the four options: donate it, do nothing, extend the lease, or require the Museum to return the engine to Stillwater for public display. Mayor Kozlowski and Councilmembers stated they would like more information on its value and history. CBD and Cannabis Ordinance City Attorney Land presented the revised CBD product ordinance for review. Non - intoxicating CBD without THC would be allowed to be sold anywhere. THC sales would be Page 2 of 8 City Council Meeting July 26, 2022 restricted to exclusive CBD stores and the licenses for such stores would be limited to two. The two legal nonconforming stores downtown would be allowed to continue, but in order to expand, or if one closes and a new one opens, the new or expanded store would be limited to the Business Park Commercial (BPC), Business Park Office (BPO) or Business Park Industrial (BPI) Districts. The ordinance will be reviewed tomorrow at the Planning Commission meeting. Councilmembers voiced support for the ordinance. Mr. Gladhill stated he met with the owner of CBD House who is generally supportive of the ordinance. Dumpster Placement in Nelson Street Right of Way at 4•01 Main St S Community Development Director Gladhill stated the applicants are asking for feedback before incurring the cost of a land survey required for an official Public Hearing and Agreement process related to an encroachment agreement. The lot for 401 Main St S only contains enough space for the building itself; there is no `yard' space for a dumpster for trash removal. The building owner is requesting approval to place a dumpster in the Nelson Street right-of-way. Staff has been working with the building owner for several months on alternatives that do not obstruct Nelson Street, preferably via an agreement with adjacent property owners to share garbage services, but the building owner has been unsuccessful in this regard. Mr. Gladhill noted that the City's Downtown Plan (part of the Comprehensive Plan) sets a vision to reconfigure Nelson Street adjacent to 401 Main St S at some time in the future, and staff has made the building owner aware of redevelopment options. He asked if the Council has any concurrence for allowing the dumpster in one of the two parking stalls along Nelson St as a temporary measure. Mayor Kozlowski asked that the dumpster be screened, and Councilmember Junker stated there may be a grant from Washington County to do the work. Council consensus was to allow the dumpster to be placed in the parking stalls; it must be screened and temporary. Skateboard Park Location Discussion Public Works Director Sanders reported on 14 locations that he and professional skateboarder Nicole Hause looked at for a possible 10,000 square foot skateboard park, targeting sites that were accessible, visible and centrally located. Ms. Hause ranked these three: a 35,000 square foot undeveloped area across from Northland Park; a 15,000 square foot area near Benson Park where she liked the existing terrain and hill; and the Shoddy Mill site, which is above the 100-year flood elevation, but has only 5-6,000 square feet available. Some City land on the west side of trail might be tied in. They also discussed using the Northland rink as a temporary site. Approximate costs would be $123,000 to surface it in concrete, $73,000 for asphalt. The info has not been provided to the Parks Commission yet. Mayor Kozlowski commented that neighbors of Benson Park might have noise concerns, and Councilmember Polehna stated the same of neighbors of Northland Park. Mayor Kozlowski remarked that despite a smaller footprint, the property along the river may be easier to draw donations, more compelling to the community and farther away from residents. Councilmember Junker worried that the whole trail from the Shoddy Mill all the way into downtown would be nothing but skateboards because they would have to skate to get there - there is no parking. He asked about Schulenberg Park. Page 3 of 8 City Council Meeting July 26, 2022 Mr. Sanders stated another potential site is the area used for snow storage near the dog park. Council directed Mr. Sanders to bring the report to the Parks Commission and look at the area south of the dog park, Schulenberg Park, & a temporary location near Northland Park. Street Vacation of Harriet St S between 629 and 705 Anderson St W Mr. Gladhill stated that the topic is provided to obtain Council feedback before the applicants incur the cost of a land survey required for the official Public Hearing and Agreement process. The property owners of 629 and 705 Anderson Street have jointly applied for a right-of-way Vacation of an unopened portion of Harriet Street adjacent to Stillwater Middle School. Any utilities existing in the right of way would need to be encumbered by a drainage and utility easement. Originally, the owner of 629 Anderson St requested a vacation of right- of-way in order to enlarge their rear yard, by extending a six foot tall privacy fence. At that time, staff discussed the potential of an Easement Encroachment Agreement instead of a full vacation, in which the public would retain underlying ownership of the right-of-way, but the owner would be allowed to install an improvement, subject to removal if the right-of-way was ever needed for public improvements, such as utilities or roads (not planned at present). This is a fairly common occurrence in Stillwater. Since that time, it was discovered that snow melt created seasonal flooding of the existing garage in the rear yard. With a more permanent improvement (garage in addition to fence), the owner is requesting that the City Council consider vacating the right-of-way. If the City Council is open to the request to allow a garage to be constructed in the area of the existing right-of-way, staff would prefer that this be accomplished by Encroachment Agreement (retain ownership) rather than vacation. City Attorney Land stated that, because the driveway for 629 Anderson Street is already built in the City's right-of-way, there should have been an encroachment agreement. Mayor Kozlowski stated he does not see a future value to the City of owning the property, since there are no utilities in the right-of-way. The Council directed staff to proceed with a vacation process. STAFF REPORTS Public Works Director Sanders informed the Council that Andrew Coyne, Forestry Technician, started today. Police Chief Mueller gave updates on department activities and staffing, and reminded the Council that skateboarders want to be downtown for the same reasons as other visitors. Fire Chief Glaser stated the half marathon is this Saturday; Night to Unite will be held August 2; and staff is working on fire service joint contracts. Finance Director Provos stated that budget discussions with staff are almost complete. Community Development Director Gladhill reported on the Highway 36/Manning hospital site. He stated that Landucci Homes will return with another plan; and updated the Council on communications with business owners. City Clerk Wolf stated that elections are in full swing with health care facility voting July 27 and 28, and Public Accuracy Testing at 1:30 p.m. on July 28. City Administrator Kohlmann stated that Strategic Planning will be included in budget. Page 4 of 8 City Council Meeting July 26, 2022 IT Manager Holman stated that the IT committee will meet August 9; diagrams and proposals for security cameras will be discussed on August 4; and there was a kickoff meeting for moving forward with licensing for Office 365. RECESS Mayor Kozlowski recessed the meeting at 5:58 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Polehna Absent: Councilmember Odebrecht Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Cornrnunity Thread Budget Request - Sally Anderson, Executive Director - Community Thread Executive Director Sally Anderson recapped the organization's activities and presented a 2023 budget request for $16,000, and $5,000 for the Connector bus loop. Youth Se vice Bureau Budget Request - MichaeI Huntley. Executive Director Youth Service Bureau Executive Director Michael Huntley reviewed the activities of the past year and requested an allocation of $11,500 for 2023. OPEN FORUM Louise Hansen, Rivertown Commons resident, thanked staff and Council for all their work. CONSENT AGENDA Payment of Bills Lowell Ramp Retaining Wall Project Otis Elevator Contract Addendum Retaining Wall Replacement in Downtown Parking Lots Contract Agreement Short Term Home Rental License for 904 Harriet St S. Page 5 of 8 City Council Meeting July 26, 2022 Summer Tuesday's Event Dates Extended - Resolution 2022-098 Tennis Court Replacement for Settler's Park Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Case 2022-41 to consider a Preliminary Plat application to consolidate six existing lots into three proposed new lots and a Conditional Use Permit for a drive -through coffee business. Property is to ated at 2001 Washington Avenue. Tabled from July 5. 2022 City Council meeting. Community Development Director Gladhill provided background on the Preliminary Plat application presented to the Council on July 5, 2022. Per recommendation of the Planning Commission and direction of the City Council, the applicant has revised the request to include only one new lot for purposes of a drive through coffee building. Staff anticipates the second lot to come forward at a future date along with the requested traffic study. Council action is limited to the Preliminary Plat. The Planning Commission has approved the Conditional Use Permit (site plan, architectural review), contingent upon approval of the Plat by the City Council. Staff recommends approval of the Preliminary Plat. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2022-099, a Resolution Approving Preliminary Plat for 2001 Washington Avenue. All in favor. NEW BUSINESS 72nd Street Improvement Project Award Contract for Engineering Services Public Works Director Sanders reviewed the 72nd Street Road and Trail Improvement Project, which consists of a new asphalt street and trail from Northland Avenue to the east end of the Liberty Development. Bolton and Menk submitted the low bid at the price of $135,143. Staff recommends Council approve the engineering services of Bolton and Menk. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2022-100, Accepting Proposal and Awarding Contract for Engineering Services for 72nd Street Road and Trail Improvement Project (Project 2022-04). All in favor. Zephyr Theatre Event Permit for Relay for Life Lois Conn, Relay for Life, stated they were late in applying because they did not know they needed a special one day permit to hold their event at the Zephyr parking lot on August 6. She requested approval of the event permit. Community Development Director Gladhill added that the City Council recently approved a new Interim Use Permit (IUP) process as the opportunity to approve more than three outdoor events per year. The Zephyr Theater's IUP request will be heard by the Planning Commission July 27. If the Planning Commission approves the Zephyr IUP, the current request is moot. Staff recommends approval of a one-time exception to the maximum three Page 6 of 8 City Council Meeting July 26, 2022 outdoor events while the IUP request is heard by the Planning Commission, and approval of the Event Permit for Relay for Life. Motion by Councilmember Polehna, seconded by Councilmember Collins, to approve a one-time exception to the maximum three outdoor events for the Event Permit for Relay for Life. All in favor. Mid Oaks Lift Station Project Accept Bids and Award Contract Mr. Sanders stated that the Mid Oaks Lift Station Improvement would replace the 47-year- old lift station. The low bid was $388,000; the Engineer's estimate was $400,000. The project would be funded through the Sanitary Sewer Capital Outlay fund. Staff recommends the City Council accept the bids and award the contract to Minger Construction. Co. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2022-101, Accepting Bids and Awarding the Contract for the Mid Oaks Lift Station Improvement to Minger Construction Co. All in favor. Minnesota Jurisdictional Roadway Change Agreement Mr. Sanders explained that in 2023, MnDOT will turn back TH 96 (TH 95 to TH 244) to Washington County. At the same time, they would like to turn back two streets in the City: Alder St (east and west of 95) and Boom Road north of CR 11. The City has maintained these streets for years and the turnback would not add to the City's workload. MnDOT has agreed to pay $60,000 as part of this turnback, which would mainly go toward repair of the Boom Road street and guardrail. Staff recommends the City Council approve the Change in Roadway Jurisdiction Agreement. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2022-102, Approving MnDOT Agreement No. 1051063 for Change of Roadway Jurisdiction Agreement. All in favor. Speed Study Mr. Sanders stated that the City solicited proposals for engineering services for a City-wide Speed Study. The scope of the project includes background information, examine existing speed limits, and safety conditions and recommendations. Staff recommends Council approve the engineering services of WSB at a cost of $9,590. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2022-103, Accepting Proposal and Awarding Contract for Engineering Services for City Speed Study. All in favor. Chestnut Street Plaza TKDA Amendment #3 Mr. Gladhill explained that he and Public Works Director have been working with TKDA to refine a request from TKDA for Contract Amendment #3 for the Chestnut Street Plaza. A key reason for the increase in costs is the need to extend the construction period over two construction seasons. Staff is in discussion with MnDOT about cost share for these increased costs. Additionally, the City may want to consider vibration monitoring due to the age of the adjoining structures. It has been discovered that the bricks on the Water Street Inn are at a critical need for repair, with smaller bricks already failing and falling to the ground. Water Page 7 of 8 City Council Meeting July 26, 2022 Street Inn now has an active Building Permit for brick and masonry repair, which will occur concurrently with the construction of Chestnut Street. In order to protect the City from liability, staff feels strongly that vibration monitoring is necessary. The estimated cost for vibration monitoring is $27,134. Staff recommends that the City Council authorize the contract amendment for Braun Intertec for vibration monitoring and other environmental inspections ($63,505). Motion by Councilmember Junker, seconded by Councilmember Collins, to approve Chestnut Street Plaza TKDA Amendment #3. All in favor. COUNCIL REQUEST ITEMS Mayor Kozlowski noted the need to cancel Summer Tuesdays due to weather. Councilmember Polehna asked that a thank -you be sent to The Locals and sponsors for Lumberjack Days. Police Chief Mueller stated that department staff will send Councilmembers locations where Night to Unite events are occurring in their Ward. ADJOURNMENT Motion by Councilmember Junker, seconded by Mayor Kozlowski, to adjourn. All in favor. The meeting was adjourned at 7:47 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2022-098, Approving Amendment to the 2022 Summer Tuesdays Special Event Contract Resolution 2022-099, A Resolution Approving Preliminary Plat for 2001 Washington Ave Resolution 2022-100, Resolution Accepting Proposal and Awarding Contract for Engineering Services for the 72nd Street Road and Trail Improvements Project (Project 2022-04) Resolution 2022-101, Accepting Bid and Awarding Contract for Mid Oaks Lift Station Improvement Resolution 2022-102, Approving MnDOT Agreement No. 1051063 with for Change of Roadway Jurisdiction Agreement Resolution 2022-103, Accepting Proposal and Awarding Contract for Engineering Services for the City Speed Limit Study Page 8 of 8