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CITY COUNCIL MEETING MINUTES
March 18, 2014
REGULAR MEETING 7:00 P.M.
Mayor Harycki called the meeting to order at 7:00 p.m.
Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki
Staff present: City Administrator Hansen
City Attorney Magnuson
Police Chief Gannaway
Fire Chief Glaser
Community Development Director Turnblad
Public Works Director Sanders
City Clerk Ward
PLEDGE OF ALLEGIANCE
Mayor Harycki led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Councilmember Menikheim pointed out that on page 4 of the March 4, 2014 regular meeting
minutes, the $10,000,000 General Obligation Capital Outlay Bonds, Series 2014A, should be
corrected to $9,215,000.
Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to approve the
March 4, 2014 regular meeting minutes as corrected, and the March 4, 2014 recessed and executive
session meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
There were no petitions, individuals, delegations or commendations.
OPEN FORUM
There were no public comments.
STAFF REPORTS
Community Development Director Turnblad informed the Council that the Parks Commission
has begun a discussion on private commercial use of City parks. He also stated that the
Metropolitan Council released the 2040 draft forecasts predicting 22,500 population and 11,700
jobs in Stillwater by 2040.
City Council Meeting
March 18, 2014
Public Works Director Sanders provided an update on National Weather Service flood forecasts.
This year there is a 60% chance of the St. Croix River going to a 687 elevation. Staff is monitoring
the situation. There was a resignation in the Public Works Department so he will be advertising
for a replacement.
CONSENT AGENDA
Resolution 2014-039, directing payment of bills
Resolution 2014-040, approval of contract with Karen L. Richtman, Service on a
Shoestring, for Recycling Coordinator Services
Resolution 2014-041, approval of quotes and automobile lease with Enterprise FM Trust for
Police Department Administration/Investigation vehicles
Resolution 2014-042, approval of License to Use Real Property — Staples Field Park
Resolution 2014-043, approval of BWBR Architectural Contract for Fire Station
Resolution 2014-044, authorizing contracts for the 2014 annual contract for mowing, snow
removal, and clean up services
Possible approval to purchase stainless steel sander units — Public Works
Possible approval to purchase 2 one -ton trucks — Public Works
Possible approval to purchase Tymco sweeper — Public Works
Councilmember Polehna commented that he received a phone call that local auto dealers were not
contacted by City staff for the opportunity to bid for the police vehicles. Police Chief Gannaway
will follow up.
Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to adopt the Consent
Agenda.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki
Nays: None
PUBLIC HEARINGS
Case No. SUP/2014-8. A public hearing to consider a Special Use Permit request to renovate an
existing office space into a fourth residential apartment located at 902 4th Street South.
Community Development Director Turnblad explained that the property owner is requesting a
Special Use Permit for the conversion of an existing office unit into a residential unit. The
residence would be the fourth in this mixed use structure; two units will remain commercial. The
Planning Commission unanimously recommended approval. Staff recommends approval.
Mayor Harycki opened the public hearing. There were no public comments. The public hearing
was closed.
Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution
2014-045, approval of Special Use Permit for the conversion of an office space to a residential unit
at 902 Fourth Street South.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki
Nays: None
Page 2 of 7
City Council Meeting
March 18, 2014
Case No. SUP/2014-7. A public hearing to consider a Special Use Permit and Variance request for
an addition to the existing Hotel Facility, creating anew primary entrance located at 101 Water Street
South.
Community Development Director Turnblad explained that, because the item was scheduled for
the Downtown Parking Commission's March 20 meeting, staff requests that the Council open the
public hearing and continue it until the Council's next meeting on April 1, 2014.
Mayor Harycki opened the public hearing.
Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to continue Case No.
SUP/2014-7 to the Council's April 1, 2014 meeting. All in favor.
UNFINISHED BUSINESS
Possible approval of Log Jam Days Agreement
City Administrator Hansen reported that the agreement has been signed. In lieu of a Performance
Bond he agreed to accept a simple bank letter of credit. He is satisfied with the agreement and
recommended approval.
Councilmember Kozlowski asked that The Locals be asked to check in with the City on a regular
basis.
Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to adopt
Resolution 2014-046, approving Log Jam Agreement.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki
Nays: None
Possible approval of recommendation for Event Coordinator
Community Development Director Turnblad informed the Council that of the three candidates,
Angela Eastman stood out as an obvious fit for the City's needs. The Selection Committee
unanimously recommends that the Council offer the Event Coordinator contract to Angela
Eastman. Staff will negotiate a contract and bring it back to the Council as early as the next
Council meeting.
Councilmember Weidner asked if a performance evaluation might be conducted at contract's end
to ensure the money was well spent.
City Administrator Hansen acknowledged it is a one year contract but staff is hoping it will evolve
to include even more events.
Councilmember Weidner noted that at some point the position might include more than just
events, for instance Parks Commission issues involving events or recreational activities. In the
future there may be a need for a full time staff member in this position.
Councilmember Polehna added that perhaps by allocating another $10-15,000 the City might be
able to have another full time professional.
Councilmember Weidner suggested that in the 2015 budget, the Council might consider
increasing funding for this position and having the person assume additional duties.
Page 3 of 7
City Council Meeting
March 18, 2014
City Administrator Hansen noted that he had recommended the position be filled under a contract
because he wanted to make sure there would be enough work for the person to do.
Motion by Councilmember Menikheim, seconded by Councilmember Weidner approving staff's
recommendation to enter into contract with Ms. Eastman and directed staff to prepare the contract for
approval at the April 1, 2014 meeting. All in favor.
NEW BUSINESS
Request by Claire K. Sand for a Bee Keeping Permit - 2511 Croixwood Boulevard
Community Development Director Turnblad reviewed a request by property owner Claire K.
Sand for a permit to keep bees, and to sell from her home the honey produced by her on-site
apiary. She has requested one hive. The City Code would allow two hives on her 11,918 square
foot lot. The application meets the requirements of City Code Sec. 27-3, Keeping of Bees.
Additionally, Ms. Sand has completed the University of Minnesota's Department of
Entomology's Beekeeping in Northern Climates Part I and holds a Ph.D. in food science,
emphasizing food production. Five neighbors have objected to the permit. Therefore, it has been
placed on the Council agenda for review and action.
Bruce Claussen, 630 Hidden Valley Court, stated he and his wife are opposed to beekeeping in
the neighborhood because they often have grandchildren and family visiting, many of whom are
allergic to bees.
Steve Hansen, 631 Hidden Valley Court, stated he is adamantly opposed to beekeeping in the
neighborhood. He added that Ms. Sand had not spoken to neighbors about the proposal. He
expressed concern about overall quality of life in the neighborhood, saying there are already
enough bees in the area.
Ray Poskozim, 2507 Croixwood Boulevard, spoke in opposition to the permit.
Elizabeth Welty, a beekeeper in Stillwater, noted there are four beekeepers in the City of Stillwater
that she knows of. The bees forage throughout the City. She has not experienced any problems
with her bees; they are very docile. Addressing concerns about swarms, she informed the Council
that swarms are gentle because they have nothing to defend. Swarm season lasts about a month.
There are beekeepers in the area who are available to collect and remove swarms.
Claire Sand, applicant, told the Council that her interest in beekeeping arose from concerns about
the environment. She sought to exceed ordinance requirements by having a 30 foot barrier from
each fence line to protect neighbors. Part of beekeeping training is to take measures to avoid
having a swarm. She respects neighbors' concerns but is exceeding the requirements of the
ordinance. She held a neighborhood information session on her permit request but no one came.
Mike Day, 2551 Croixwood Boulevard, expressed opposition to the permit, and asked how many
beekeepers do we want in the City.
Ms. Welty informed the Council that according to experts, there is enough forage to support many
more bees. On average nationally, we lose 30-40% of our bees every year. She believes that the
neighbors will not be impacted. She has 40-60,000 bees in her hives and she is outside all the
time.
Grant Laforce, 641 Hidden Valley Court, objected to the bees being near his backyard where he
has a trampoline. He is concerned about the bees' flight pattern.
Page 4 of 7
City Council Meeting
March 18, 2014
Mr. Claussen requested that the Council deny the permit.
Mr. Hansen stated that neighbors were given only two days to submit responses to notification
letters.
Betsy Glennon, 812 Harriet Street, stated she was impressed by the neighbors' knowledge of the
subject. She spoke to concerns about allergic reactions to bee stings. A honeybee will sting only
if threatened or defending the colony. Very few stings result in true anaphylaxis or death. She
encouraged communication and suggested granting the permit on a one year trial basis.
Jen Hansen, 631 Hidden Valley Court, asked the Council to consider that there are chickens two
houses down. She expressed concerns about swarms and quality of life.
Councilmember Menikheim stated he feels neighbors need to communicate more with each other;
fears are driven more by emotion than by facts. He agreed of granting the permit on a trial basis,
however he would like to table the issue in order to see the neighbors talk to each other.
Councilmember Kozlowski noted he understands objections from neighbors. He would not like
to deny the permit because the applicant has met all the conditions of the ordinance.
Councilmember Polehna commented that since the Council started studying the issue, he has
learned that beekeeping is safe for neighbors. But he has a hard time forcing something in the
neighborhood that neighbors do not want. A beekeeper's initial investment is around $1,000
which is a large investment for a one year trial.
Councilmember Weidner stated he is not a fan of bees but he trusts his neighbors are not going to
do something that will injure him. He understands neighbors' concerns, but favors granting the
permit for a one year trial period. He believes the ordinance is well thought out.
Councilmember Kozlowski emphasized that continued communication among neighbors will be
very important. He believes those who expressed objections will be pleasantly surprised by the
lack of impact on them.
Councilmember Weidner asked if the applicant will invite the Council to visit the hive during bee
season.
Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to grant the bee
keeping permit on a one year trial basis.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Mayor Harycki
Nays: Councilmember Polehna
Possible approval of resolution establishing Municipal State Aid Highway
Public Works Director Sanders explained that Stillwater has enough mileage banked to add
Market Drive and the West Frontage Road to the state aid system.
Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to adopt Resolution
2014-047, resolution establishing Municipal State Aid Highway.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki
Nays: None
Page 5 of 7
City Council Meeting March 18, 2014
Possible approval of ordinance for a Moratorium on Tobacco Licensing
City Clerk Ward reported that the Tobacco Ordinance will need to be revised based on the
outcome of the State Legislature's current discussion of e -cigarettes, and also to study recent
statutory changes related to the lighting of tobacco products in tobacco products shops by
customers for the purpose of sampling tobacco. Staff is requesting a moratorium to provide time
to research the City's licensing and zoning provisions and official controls to address issues
concerning tobacco licenses and tobacco products sampling. The moratorium would be in effect
until August 1, 2014 and would not affect current license holders.
Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to approve the first
reading of Interim Ordinance 1064, an interim ordinance temporarily establishing a licensing and
planning moratorium on tobacco products shops and directing that studies of official controls related
thereto be conducted.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki
Nays: None
Possible approval of appointment to Library Board
Mayor Harycki asked for City Clerk Ward to make available the complete applications of all five
applicants to the Council for review.
Possible approval of proposal for Trail Plan
Community Development Director Turnblad noted that with the scheduled completion of the
Brown's Creek State Trail this summer, and the MnDOT loop trail when the new St. Croix River
Crossing is completed, the City should update its trail plan. Consequently, city staff has requested
a proposal from Melissa Douglas to complete that work. He reviewed the proposal and requested
direction to draft a contract with Ms. Douglas for future Council approval. $5,500 of the total
amount for the update will need to be put into the 2015 budget.
Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to approve the $5,500
to come from the 2015 budget for funding the plan update and staff s recommendation to enter into
contract with Ms. Douglas and directed staff to prepare the contract for approval at the April 1, 2014
meeting.. All in favor.
COUNCIL REQUEST ITEMS
Councilmember Polehna reminded the Council that the Pheasant Hunt for the troops is March 29.
Councilmember Menikheim distributed information provided at a CVB Board meeting about how
the CVB funding is being spent.
Page 6 of 7
City Council Meeting
ADJOURNMENT
March 18, 2014
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn the
meeting at 9:25 p.m. All in favor.
ATTEST:
Diane F. Ward, City Clerk
i
KenXydki, Mayor
Resolution 2014-039, directing payment of bills
Resolution 2014-040, approval of contract with Karen L. Richtman, Service on a Shoestring,
for Recycling Coordinator Services
Resolution 2014-041, approval of quotes and automobile lease with Enterprise FM Trust for
Police Department Administration/Investigation vehicles
Resolution 2014-042, approval of License to Use Real Property — Staples Field Park
Resolution 2014-043, approval of BWBR Architectural Contract for Fire Station
Resolution 2014-044, authorizing contracts for the 2014 annual contract for mowing, snow
removal, and clean up services
Resolution 2014-045, approval of Special Use Permit for the conversion of an office space to
a residential unit at 902 Fourth Street South
Resolution 2014-046, approving Log Jam Agreement
Resolution 2014-047, resolution establishing Municipal State Aid Highway
Page 7 of 7