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HomeMy WebLinkAbout2015-04-07 CC MIN illwater 7NE IIRTNPLA CE Of MINNESOTA CITY COUNCIL MEETING MINUTES April 7, 2015 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Councilmembers Menikheim, Junker, Weidner (4:35) Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator McCarty Public Works Director Sanders City Attorney Magnuson Finance Director Harrison Police Chief Gannaway Deputy Fire Chief Ballis City Clerk Ward OTHER BUSINESS Washington County - County Road 12 Improvement Project (Manning to Owens) Cory Slagle, Assistant Washington County Engineer, updated the Council on County Highway 12 improvements. It is a $2.5 million project scheduled for 2016. He reviewed other projects including: the Highway 96 & Manning roundabout; finishing Manning Avenue from County Road 12 to the north; redoing pavement and pedestrian facilities on County Highway 5 near Croixwood; pavement maintenance on McKusick Road; and redoing Chestnut Street concrete and pavement in 2017 after the new bridge opens. Also, County Road 5 from Highway 36 to Century Avenue will be turned from the State back to the County in mid-June. He stated that a resolution of support will be sought from the City for this. In 2017, Washington County will look at a jurisdictional study related to the river crossing project to see how roadways are operating once traffic gets settled with the new bridge. STAFF REPORTS Police Chief Gannaway reported that seven people paid fines with food in the "Food for Fines" program. Deputy Fire Chief Ballis presented the 2014 Stillwater Fire Department Annual Report. The Fire Department responded to a total of 1,815 calls for service in 2014. The construction of the new fire station began in July of 2014. The Department has initiated the process of becoming a"Heart Safe Community" and is working toward improving the outcomes of patients who experience sudden cardiac arrest. City Council Meeting April 7, 2015 Public Works Director Sanders noted that Jeff Johnson, Public Works, retired with over 30 years of service to the City, leaving a vacancy in Public Works. He stated that all the bathrooms are open in the parks and the new bathrooms in South Lowell Park should be opened at the end of the month. City Administrator McCarty reported that The Locals will provide an update on Log Jam at this evening's meeting. He noted the League of Minnesota Cities Conference is coming up in June and asked Council to let him know of their interest. He will be attending the annual conference of the Minnesota City Managers' Association May 13-15. Mr. McCarty informed the Council and public that there will Blood Drive at City Hall April 28. RECESS Mayor Kozlowski recessed the meeting at 4:57 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator McCarty Public Works Director Sanders City Attorney Magnuson Finance Director Harrison Police Chief Gannaway Deputy Fire Chief Ballis City Planner Wittman City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of March 17, 2015 regular meeting minutes. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to approve the March 17, 2015 regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS DELEGATIONS & COMMENDATIONS Stillwater Area High School Mock Trial Team Mayor Kozlowski and Councilmember Weidner presented Certificates of Appreciation to students on the Stillwater Area High School Mock Trial Team. Councilmember Weidner noted the team is only two years old and came in second in State this year and stated that the purpose is to familiarize students with the legal system and develop skills and teamwork. Councilmember Weidner read a proclamation commending the SAHS Mock Trial Team and proclaiming April 8, 2015 Stillwater Area High School Mock Trial Team Day. Councilmember Weidner recognized Page 2 of 7 City Council Meeting April 7, 2015 Washington County Attorney Pete Orput and the staff of Eckberg, Lammers, Briggs, Wolf and Vierling for their assistance in coaching the team. Tom Nelson, Superintendent of Stillwater Area Public Schools Mr. Nelson briefed the Council on the May 12 school bond election request. The request for proposed facility improvements is $97.5 million. The improvements would put ninth graders at the high school and sixth graders at middle school. This will create room at all elementary schools to hold pre-school.A new elementary school would be constructed in the Lake Elmo or Woodbury area. OPEN FORUM Todd Kockelman reported on activities of the Stillwater Area Kiwanis Club to help kids in the community. Steve Forseth added that the first annual Valley Bluegrass Festival will be held April 19 to raise money for the Club. Erin McQuay and Brad Glynn of The Locals updated the Council on Log Jam plans. Ms. McQuay introduced volunteer coordinators. Mr. Glynn listed some of the events. Paul Creager reported that the music lineup includes Blue Hazard, Thrift Store Sonata, Kalamata, Charlie Parr, Frankie Lee, Black Market Brass, Choo Bob, and other bands. Ms. McQuay added that Lumberjack Enterprises and Jamie Fisher will be back. Councilmembers thanked The Locals for their efforts. Eric Solberg, 2064 Oak Glen Drive, asked the Council to consider an ordinance to address the problem of yard parking. He suggested language the City could use to regulate the parking of vehicles on yards. City Attorney Magnuson summarized that from time to time the subject of exterior storage has been studied. The best place to start is with the Planning Commission. Councilmember Weidner noted that he brought up the subject last year. He would be in favor of looking at regulations. CONSENT AGENDA Resolution 2015-058, directing payment of bills Resolution 2015-059, approving the 2015 COLA Retainer adjustment for the City Attorney Resolution 2015-060, approval of the St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement with St. Croix Caterers, Inc. Possible approval of temporary liquor license— St. Croix Catholic School— May 16, 2015 Resolution 2015-061, resolution endorsing"Pollinator Friendly" policies and procedures Promoting Healthy Environment for People and Pollinators Possible approval to purchase vehicle— Building Inspection Resolution 2015-062, resolution supporting Stillwater Area ACT on Alzheimer's Resolution 2015-063, amending resolution 2014-203 (2015 Fee Schedule) approving increased Downtown Business Parking Permit fee Resolution 2015-064, authorizing the City to apply for conditional use deeds of tax forfeited lands Resolution 2015-065, approving the agreement with CGI Communications, Inc. for the 2015 Community Video Program Possible approval sanitary sewer adjustments Possible approval to purchase amphitheater electric box bases Resolution 2015-066, approval of grant contract with Statewide Improvement Program (SHIP) Page 3 of 7 City Council Meeting April 7, 2015 Resolution 2015-067, approving the 2015 Forestry Consultant Contract Councilmember Menikheim specifically recognized the importance of Resolution 2015-062, supporting Stillwater Area ACT on Alzheimer's, and Resolution 2015-061, endorsing Pollinator Friendly policies and procedures. He noted that both are significant issues in the community. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None PUBLIC HEARINGS Case # 2015-5. A public hearing_to consider a request by Kari Garratt for an appeal to the Planning Commission's denial of a front yard setback variance to add a garage stall to the existing garage located at 1015 3rd Ave S., located in the RB; Two Family Residential District. City Planner Wittman explained that the applicant is appealing a Planning Commission denial of an 11.5' front yard setback variance for a single car addition to the existing two car garage. If approved, the garage would be located 18.5' from the front property line, whereas a minimum of 30' is required for garages in the RB Zoning District. At the Planning Commission meeting, the motion to approve the variance failed on a 4-4 vote. Staff recommends upholding the Planning Commission denial and authorizing staff to prepare a resolution of denial,as the front yard setback regulation may be able to be met with other reasonable alternatives and there is no uniqueness to the property necessitating the variance. Ms. Garratt stated that 1,100 square feet of concrete is being removed. This concrete is on City property. The amount of impervious surface on her property will not change,but curb appeal will increase dramatically. Building to the north,which would be allowable without a variance,would impede river views of neighbors. It also would place the garage addition above the well, which is not desirable. Councilmember Menikheim indicated that he believes Ms. Garratt made a good faith effort to meet existing zoning regulations. He supports the request for the variance. Mayor Kozlowski opened the public hearing. Shawna Gibson, 1005 4th Avenue South, stated she supports the request because she would not like her river view to be blocked if the applicant is forced to build to the north. Orwin Carter, 1029 3rd Avenue South, voiced support for the request. Three car garages are not unusual in the neighborhood. The proposed design for the driveway will be more visually appealing. Bill Dafeil, 936 3rd Avenue South, told the Council the neighborhood supports the project. Tim Old, Sala Architects, showed a drawing of the proposed home remodeling and landscaping. Mayor Kozlowski closed the public hearing. Councilmember Weidner voiced support for the proposed design, saying it will be aesthetically more pleasing. Page 4 of 7 City Council Meeting April 7, 2015 Councilmember Junker stated the proposed design will be an improvement. He noted that not one neighbor has stepped forward to object to the proposal. Mayor Kozlowski stated it appears to be a very reasonable request. Councilmember Polehna stated he is in favor of getting rid of the cement. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2015-068,resolution approving a variance for a garage addition at 1015 3rd Avenue S (Case No 2015- 5). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None UNFINISHED BUSINESS Possible ordering of improvement and approving plans & specifications for the Stillwater/Oak Park Heights Street Project—Orleans Street (Project 2014-03a) Public Works Director Sanders reviewed that at the March 17 Council Meeting, a public hearing was held for an improvement project that would reconstruct Orleans Street between Fourth Avenue South and Second Avenue South, in conjunction with the City of Oak Park Heights Street Improvement Project. The hearing was held and closed and the Council tabled further action on the project pending the outcome of the City's request for a$10,000 contribution toward the project from Oak Park Heights. He continued by stating that Oak Park Heights has since reviewed and declined the request. Staff recommends that the Council consider the improvement, taking into account the decline of the City's request for $10,000 contribution from Oak Park Heights to the Project. Councilmember Weidner recused himself from discussion and vote on the issue. Mayor Kozlowski noted that under the current assessment policy, Stillwater residents would be paying more if the project were done this year,compared to the City of Stillwater doing the project next year. Councilmember Junker expressed reluctance to vary from the assessment policy, resulting in a higher cost for residents to do the project this year. Councilmember Polehna stated he is comfortable postponing the work and instead combining it with a similar project next year. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to not proceed with the additional street project. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Abstain: Councilmember Weidner NEW BUSINESS Possible approval of first reading of Ordinance 1075, an Ordinance Amending Sec. 31-510 of the City Code by adding Sec. 31-510 Subd. 4 City Attorney Magnuson reported that until the year 2013, conditions of approval of variances in the downtown called for the voluntary purchase of a number of City parking permits, based upon Page 5 of 7 City Council Meeting April 7, 2015 the shortage of on-site spaces. Since then, conditions of approval of variances have required that the applicants purchase permits. Finance has wasted considerable effort in attempting to collect these fees, and has asked the Council to consider adopting an ordinance that would allow for the collection of this fee with the real estate taxes. Mayor Kozlowski noted the mitigation does not seem fair as it penalizes certain businesses to offset the cost of the parking system while other businesses do not pay anything. Councilmember Weidner agreed with Mayor Kozlowski, adding that at some point the concept should be revisited because all businesses downtown contribute to the perceived parking problem. No one should be grandfathered in. He would like to look at this in the future but is in favor of what is proposed for this discussion. City Planner Wittman noted that at some time in the past,the City granted variances to off-street parking requirements, so there are many properties whose use may have changed decades ago, which still hold parking variances that run with the land. Councilmember Junker noted that the collection process for the mitigation fee was not implemented well. Mayor Kozlowski recognized that the City does a lot of work to maintain parking lots downtown, and all businesses benefit however he felt that spreading the cost against only those who are required to pay parking mitigation fees seems unreasonable. Councilmember Weidner suggested looking at the issue during the May workshop. Motion by Councilmember Weidner seconded by Councilmember Menikheim, to approve the first reading of Ordinance 1075, amending Sec. 31-510 of the City Code by adding Sec. 31-510, Subd. 4. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of noise variance—United Way Cinco De Giving City Clerk Ward stated that on Saturday, May 2nd a fundraiser event for the United Way is scheduled at Acapulco Restaurant starting at 7 p.m. Angie Lien,Executive Director of the United Way of Washington County-East,is requesting a noise variance to 11:00 p.m.rather than stopping at 10:00 p.m. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve the noise variance. All in favor. Possible approval of Parking Commission recommendation on use of City parking lots for events Police Chief Gannaway explained that the intent is to limit the way parking lots are used for special events. The Parking Commission feels that there should be a change to the current practice of permitting public lots to be reserved by most any event producer that asks. Instead, the Commission would prefer that a policy would be adopted that discourages the use of public lots for events; allowing them only when Lowell Park cannot be used. The main reason that Lowell Park could not be used would be flooding. Even for those events that the Council finds Lowell Park cannot be used, or that some other reason exists to allow use of City parking lots, the Commission believes that only Lots 2, 4, 5, 9, 10 & 11 should be allowed for events. And, Lot 2 should be avoided if at all possible, since it is a high demand pay lot. Page 6 of 7 City Council Meeting April 7, 2015 Motion by Councilmember Polehna, seconded by Councilmember Junker, to direct staff to draft a resolution amending the City policy on use of parking lots for special events. All in favor. COUNCIL REQUEST ITEMS Councilmember Weidner thanked Mayor Kozlowski for recognizing students on the Stillwater Area High School Mock Trial Team. Councilmember Polehna noted that he started working on music selections for this year's fireworks, which will be spectacular. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Junker,to adjourn the meeting at 9:06 p.m. All in favor. OPP Ted Kozlowski, Mayor ATTEST: ,ate*mi ... Diane F. Ward, City Clerk Resolution 2015-058, directing payment of bills Resolution 2015-059, approving the 2015 COLA Retainer adjustment for the City Attorney Resolution 2015-060, approval of the St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement with St. Croix Caterers, Inc. Resolution 2015-061,resolution endorsing Pollinator Friendly policies and procedures Resolution 2015-062, resolution supporting Stillwater Area ACT on Alzheimer's Resolution 2015-063, amending resolution 2014-203 (2015 Fee Schedule) approving increased Downtown Business Parking Permit fee Resolution 2015-064, authorizing the City to apply for conditional use deeds of tax forfeited lands Resolution 2015-065, approving the agreement with CGI Communications, Inc. for the 2015 Community Video Program Resolution 2015-066, approval of grant contract with Statewide Improvement Program (SHIP) Resolution 2015-067, approving the 2015 Forestry Consultant Contract Resolution 2015-068, resolution approving a variance for a garage addition at 1015 3`1 Avenue S (Case No 2015-5). Page 7 of 7