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HomeMy WebLinkAbout2015-09-15 CC MIN i 1'Water TNF IINTN►LAGE Of MINNESOTA CITY COUNCIL MEETING MINUTES September 15,2015 REGULAR 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 Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Community Development Director Turnblad Finance Director Harrison City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of September 1, 2015 regular and recessed meeting. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve the minutes of the September 1, 2015 regular and recessed meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Possible approval of first reading of Ordinance 1083, amending the Charter Amendment - Wally Milbrandt, Charter Commission Chair. Wally Milbrandt, Chairman of the Charter Commission, reported that the Charter Commission has reviewed the City Charter provision that deals with the filing of vacancies in the offices of Mayor and City Council, and decided to recommend that the Council change the City Charter by ordinance to clarify that process, as well as some other small points. Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve first reading of Ordinance 1083, an Ordinance Amending the Charter of the City of Stillwater. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None OPEN FORUM There were no public comments. City Council Meeting September 15, 2015 STAFF REPORTS Fire Chief Glaser informed the Council of an upcoming Child Car Seat Clinic on September 22, from 4-7 p.m.; that Fire Prevention Week is October 4-10; and that the Fire Department will host the grand opening of the new station on October 10. City Administrator McCarty noted that a Council workshop on the Strategic Plan will be scheduled. Assuming approval of the budget resolutions on tonight's agenda, the proposed 2016 budget and levy will be posted to the City's web site. CONSENT AGENDA Resolution 2015-153, directing payment of bills Resolution 2015-154,resolution authorizing the City of Stillwater to apply for the Minnesota Amateur Sport Commission (MASC) Mighty Ducks Grant Program Resolution 2015-155, approving 2015 Harvest Fest Special Event and Contract Possible approval of temporary liquor license for Harvest Fest Resolution 2015-156,resolution approving the addition of patio to liquor license premises - Lolo American Kitchen Resolution 2015-157, approving the transfer of an Off-sale Liquor and Tobacco License from Hansen's Liquor to City Sliquors, Inc. Resolution 2015-158, approving the 2015-2016 Labor Agreement between the City of Stillwater and Stillwater Firefighters Association Possible approval of concrete sidewalk repairs Resolution 2015-159,resolution approving the State of Minnesota Department of Transportation and City of Stillwater Snow and Ice Control Maintenance Agreement Resolution 2015-160, approval of monitoring agreement with ESCI System Integrators Resolution 2015-161, approving the 2015-2016 Labor Agreement between the City of Stillwater and Minnesota Teamsters Public& Law Enforcement Local 320, Stillwater Public Managers Association Resolution 2015-162,resolution approving Attachment 6— Consent Of Mortgage Mavack LLC (VistaTech) Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None PUBLIC HEARINGS Case No.2015-14. A public hearing to consider adopting a new Master Trails Plan and amending the Park and Transportation Chapters of the Stillwater Comprehensive Plan to incorporate the Master Trails Plan. Community Development Director Turnblad indicated that the new Master Trails Plan is ready for a final public hearing and action. Staff recommends the Council adopt the Master Trails Plan, with changes as discussed by Melissa Douglas, and approve Case No. 2015-14, Comprehensive Plan Amendments. Melissa Douglas, consultant, provided an overview of the proposed plan. Page 2 of 10 City Council Meeting September 15, 2015 Councilmember Junker asked what Commission would lead the implementation and oversight of the plan; and Mr. Turnblad responded that there will be either a standing group or one that will be created, to oversee implementation. Membership and staffing of the group has not been determined. Councilmember Polehna commended staff on the process and all the public meetings that were held. Mayor Kozlowski remarked when the process started, it seemed daunting. He expressed appreciation for the output and effort that went into the plan; and opened the public hearing. Rick Heidick, 3557 White Pine Way, stated it is a great plan that will enhance the attractiveness of the community; and that there should be continued citizen involvement, especially toward development of an atmosphere of co-existence with bicyclists. Kathleen Vollmer, 1281 Amundson Circle, read a letter that supported the draft plan and encouraged the formation of an advisory committee. She added that she uses the trails for horseback riding, walking and running; and that she would like trail users to be involved. Louise Watson, 927 Northland Avenue, voiced support for the plan and volunteered to be on the advisory group; and that she has a list of others who are also very interested in the trails plan. Hank Gray, 231 North Everett Street, a representative of the Stillwater Area High School Mountain Bike Team and of Stillwater Area Scholastic Cycling Advocates (SASCA), expressed support for the plan. Mayor Kozlowski closed the public hearing. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2015-163, adopting the City of Stillwater Master Trails Plan and approving an Update to the City of Stillwater 2030 Comprehensive Plan (Case No. 2015-14). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None UNFINISHED BUSINESS Possible adoption of Findings of Fact for denial of Preliminary Plat for Hazel Place Villas. Community Development Director Turnblad pointed out that at the last meeting, a conceptual vote was taken to deny the plat,based largely on the length of the cul-de-sac; and that staff drafted Findings of Fact for adoption. Motion by Councilmember Weidner, seconded by Councilmember Junker,to adopt Resolution 2015- 164, adopting Findings of Fact, Conclusions and Order Related to a 19 Lot Residential Preliminary Plat and Associated Variances, Zoned RB: Two Family Residential, all for Property Located at 1902 Williams Street North (Case No. 2015-22). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Page 3 of 10 City Council Meeting September 15, 2015 Possible adoption of Findings of Fact for: a)approval of Special Use Permit for MN Shooting Gallery; and b) denial of variance for size of shooting lanes. Community Development Director Turnblad provided Findings of Fact that supported approval of the SUP and denial of the variance, in regard to the conceptual vote taken at the last meeting. Councilmember Junker inquired how the denial of the variance impacts parking requirements; and Mr. Turnblad replied that perhaps when calculated, there may not be any more parking required due to the reduction in size of the shooting range. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2015-165, adopting Findings of Fact, Conclusions and Order related to a Special Use Permit and Variance Requests for an Indoor Gun Range to be Located at 2159 Curve Crest Boulevard(Case No. 2015-15). Ayes: Councilmembers Menikheim, Junker, Mayor Kozlowski Nays: Councilmember Polehna Abstain: Councilmember Weidner Final review of landscaping plan for Lowell Park. Public Works Director Sanders reviewed the landscape and tree plan for North Lowell Park done by a volunteer, and indicated that $10,000 is budgeted for the planting. He noted the spacing between trees is 80-140 feet, and that viewing corridors will be left open. He emphasized this is just a plan and there is some flexibility, and that there has been discussion of moving some of the trees on the north end a little to the west. Within the last week, someone has come forward interested in donating $745 toward this project. On a question by Councilmember Junker about eventual tree height and width, Mr. Sanders responded that the redbuds could be 25 feet high, the red maples in the circle could grow to 50 feet high, and the pin oaks and white oaks could grow to 50-60 feet high and the canopy 50-60 feet in diameter. Councilmember Junker remarked that the second row of trees almost divides the space in half, so it appears they are grouped in one line versus staggered. Considering the 50 feet of width and the spacing, it appears in the next 20 years the views of the river could be really tight. He felt that it might almost appear like one solid row of trees from the point up to the Gazebo. Mayor Kozlowski acknowledged that it is not a public hearing, but opened discussion up to the public. Rob Dombrowsky, 924 South Seventh Street and an owner of a slip in the Marina, indicated that the trees would completely cut off his view of the river to the south. He would like to have a few of the trees on the point removed so the view from the Marina is not completely obstructed and it will be a critical factor in the value of his slip in the future. Marcy Forsberg, 1504 Pine Street, a professional landscape and garden designer and co-president of Pollinator Friendly Alliance, explained that the addition of the trees will create more of a line of sight. The trees can be trimmed as needed and will add form, structure and color to the park. She continued that all proposed tree species are great for pollinators and will help filter off sediment going off into the river. She felt that shade in the park is sorely lacking and is in favor of the plan. Page 4 of 10 City Council Meeting September 15, 2015 Jim Spiegelhalter, Lofts of Stillwater resident, opposed the tree planting because the trees will block river views. He stated that open space along the St. Croix is rare and that the planting of these trees will impact generations to come. Frank Fabio, owner of Maple Island Brewing, 225 Main Street North, felt that the City should have notified the abutting property owners about the tree plan. He felt that the proposed trees will be detrimental to visitors' views. He read an email from Chuck Dougherty of the Water Street Inn who agreed with the concerns expressed. He also read a letter from Tom Wortman who owns the co-op/bookseller building, that stated the view is one of the top reasons people are attracted to downtown Stillwater and felt that the trees would take away the unobstructed river view. As a business owner on the river he has several concerns, and would like more discussion before it is approved. He also took over the Stillwater car show, Cruisin' on the Croix,and would like to plan more events in the park however, the proposed tree plan would eliminate the best location for organizations to hold events, which in turn would limit customers of downtown businesses. He would rather see cabanas for those who want shade. Tom Anderson, a resident of the Lofts, inquired how the trees could be higher than 35 feet,which is the height limit for buildings. He felt the issue is about value and taxes and that he paid for the river view when he bought his condo. He urged the Council to consider what people come to Stillwater for -the river view. Brian Utecht, 2628 Greenmeadow Court, commented there are few places that have unobstructed views like Lowell Park. At maturity each tree would block 50 feet of viewing area. He is opposed to the tree planting. Gil Gragert, 510 North Fifth Street, remembered before the Lofts were there, there was quite a view. He informed the Council and audience that it is not just about the trees, buildings block the river too. He was in favor of the plan because people would be able to sit under the trees and get a good look at the river. Councilmember Junker pointed out that the stretch of Lowell Park north of the bridge affords a 180-degree panoramic, priceless view of that portion of the river. He added that the City now owns property from Sunnyside to Wolf Marina; that from Sunnyside to the Dock Cafe it is very wooded; and past PD Pappy's,the trail to Wolf Marina is also very wooded. He continued that in the south end of Lowell Park there are two trees. He stated that he is not against trees, but feels the tree plan should be reconsidered and brought back to the Council. He understood the trees would be planted this Saturday, so the plan appeared to be on a fast track. Councilmember Menikheim suggested that the Council step back and take another look at the issue; and that planting does not need to be completed this year. Councilmember Polehna noted that the Freight House did not come in and say cut down the trees; and that the biggest tree is in front of their deck. He can look out from Rafters and see the river. He would have no problem eliminating a couple trees planned near the stage, but the City has been talking about the trees for years, and now someone has come forward to assist and felt it needs to get done. Public Works Director Sanders explained that the particular trees were picked because they are native to the area and should withstand the compacted soils and flooding. Mayor Kozlowski remarked he is all for the trees, but would be alright with postponing planting. He has looked at the river views from the Lofts, from corner buildings, and from locations in Lowell Park, and feels seven trees in the view shed will not block a huge percentage of the view. Page 5 of 10 City Council Meeting September 15, 2015 Motion by Councilmember Polehna to approve the plan, eliminating two trees and moving others. There was no second to the motion. Councilmember Weidner pointed out that the Council already adopted the plan at the last meeting. Public Works Director Sanders reiterated that he views it as a plan, and that if issues arise, the engineering department or other staff can make a decision to change the plan. He continued that the trees have not been ordered yet;and that Council has approved the expenditure from the capital outlay budget for the purchase of the trees. Councilmember Polehna rescinded his motion. Motion by Councilmember Junker, seconded by Councilmember Menikheim,to rescind the plan that was approved on August 18 and obtain more input to devise a new plan. Ayes: Councilmembers Menikheim and Junker Nays: Councilmembers Weidner, Polehna and Mayor Kozlowski voting nay. Mayor Kozlowski stated he would like to leave the plan in place, but direct staff to be more cautious about views, remove the trees planned near the amphitheater, and move two southernmost trees further west from the river. He noted that it is a five-plus acre park and he does not see how planting six to eight trees would destroy five acres of land. Councilmember Junker argued that the river will be visible,but in a whole different light;and that the nine trees will block views. Mayor Kozlowski indicated that he appreciates the discussion, but trusts staff. He added that no one is trying to block views or reduce property values; and that staff has been given direction. Councilmember Weidner informed the audience that every plan for Lowell Park since the 1992 plan has included trees. He assumed prior to purchasing their condos, everyone viewed the plans for Lowell Park, because it is public not private property. Public Works Director Sanders confirmed that he will order the trees in the morning. Councilmember Junker asked if someone from staff is going to be there to direct the planting; and Mr. Sanders replied that staff will mark the locations for the trees so they do not conflict with sewer, water and electrical lines. Mayor Kozlowski suggested if proposed planting locations must be changed based on utilities, do not plant the trees closer together but instead,plant fewer trees. He asked how hard it is to remove the trees in future years; and Community Development Director Turnblad replied that there would be an extra layer of regulation with the DNR, for tree removal. Mr. Turnblad added that this does not mean they cannot be removed, but makes it more difficult, and a replanting plan would be required. NEW BUSINESS Possible approval of Final Plat and Development Agreement for Brown's Creek Cove. Community Development Director Turnblad noted that WB Development LLC submitted the Final Plat application for a 15 lot single-family residential development to be known as Brown's Creek Cove. He described that the property is located at the northwest quadrant of the intersection of Neal Avenue North and McKusick Road North. He added that the preliminary plat was Page 6 of 10 City Council Meeting September 15, 2015 approved by the Council on August 18, 2015; and that Staff recommended approval of the Final Plat and Development Agreement with conditions. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2015-166a,approving the Final Plat for Brown's Creek Cove; and Resolution 2015-166b,approving the Development Agreement for Brown's Creek Cove (Case No. 2015-32). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of Palmer Property purchase. Community Development Director Turnblad explained that in 2013, Washington County and Stillwater Township entered into an agreement to purchase the former Palmer property, and in 2014, Washington County bought the property. He continued that subsequently, Stillwater Township offered to assign rights in the purchase agreement to the City of Stillwater so the City could be the sole purchaser. He added that the $116,000 land cost would be paid out of the Park Dedication Fund. Since a portion of the land purchase price came from Washington County Legacy Funds, he noted that there is a conservation easement on the property. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2015-167, approving Assignment Agreement and Conservation Easement with Washington County for Purchase of the Palmer Property. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible adoption of resolutions declaring costs to be assessed and ordering preparation of assessment roll and calling for hearing for 2015 Street Improvement Project. Public Works Director Sanders explained the next steps for the 2015 Street Improvement Project; and that total project costs are $579,000. He recommended that the Council declare costs, authorize the preparation of the assessment roll, and call for a hearing on the 2015 Street Improvement Project (Project 2015-02). Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2015-168, declaring cost to be assessed and ordering preparation of a proposed assessment for 2015 Street Improvement Project (Project 2015-02). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2015- 169, calling for hearing on proposed assessment for 2015 Street Improvement Project(Project 2015- 02), L.I. #406. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Page 7 of 10 City Council Meeting September 15, 2015 Possible approval of variance to construction hours request. Public Works Director Sanders informed the Council that construction has begun on the Loop Trail Project south of the downtown area; and included the area south of Nelson Street to the Boat and Packet operations. Due to tight quarters of the work area and the number of Boat and Packet patrons during the work day, he stated that the contractor is having a difficult time getting their work done, and requested a variance to work outside of the construction hours established by City ordinance. The contractor would like to work from 10 p.m. to 7 a.m. on September 16, 17 and 21. Councilmember Weidner requested that staff notify nearby residents of the variance. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to approve a variance to construction hours for September 16, 17 and 21. All in favor. Possible adoption of resolutions: a) Adopting the proposed tax levy for the payable year 2016; b) Adopting the proposed budget for the year 2016; ci Setting payable 2016 Truth-in-Taxation meeting date. City Administrator McCarty reviewed the proposed 2016 tax levy and budget. Finance Director Harrison explained the three resolutions before the Council including Option 2 with an HR manager position starting April 1. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2015-170, adopting the proposed tax levy for payable year 2016. Ayes: Councilmembers Menikheim, Junker, Mayor Kozlowski Nays: Councilmembers Weidner, Polehna Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2015-171, adopting the proposed budget appropriations for the year 2016. Ayes: Councilmembers Menikheim, Junker, Mayor Kozlowski Nays: Councilmembers Weidner, Polehna Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2015-172, setting the payable 2016 Truth in Taxation public meeting. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of resolution in support of application for a temporary classification of body worn camera data. Police Chief Gannaway presented a resolution that was drafted by the Minnesota Chiefs of Police Association. He explained that several agencies are requesting the Commissioner of the Minnesota Department of Administration for a `temporary classification' with regard to data recorded by body-worn cameras (body cams); and that the resolution would re-classify data retrieved from body cams. He noted that currently under state law, all data retrieved from body cams would be considered public information; and officers routinely deal with members of the community in awkward, revealing, and private moments. When the Department eventually starts Page 8of10 City Council Meeting September 15, 2015 using body cams, he indicated that they would like to have the ability to protect their privacy; and that in the next few months, the Department will be developing a policy and procedure guideline for body cams. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve Resolution 2015-173, supporting application for a temporary classification of body worn camera data. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None COUNCIL REQUEST ITEMS Mayor Kozlowski proudly displayed an award the City received for becoming a Pollinator Friendly City. Councilmember Junker stated he has gotten calls about two blighted properties: a)the Bourdaghs Building at the corner of Chestnut & Third Streets, with overgrowth and weeds up to windows; and b)the house on the corner of William and Myrtle Streets where there has been no progress in two years on the remodeling. He asked staff to look at these properties. Councilmember Polehna noted there will be another Yellow Ribbon Hunt for the Troops October 10. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Junker, to ad'ourn the meeting at 8:48 p.m. All in favor. Ted Kozle ski, Mayor ATTEST: A(././ie Diane F. Ward, City Clerk Resolution 2015-153, Directing the Payment of Bills Resolution 2015-154,Authorizing the City of Stillwater to apply for the Minnesota Amateur Sport Commission(MASC) Mighty Ducks Grant Program Resolution 2015-155, Approving 2015 Harvest Fest Special Event and Contract Resolution 2015-156, Approving the addition of patio to liquor license premises Lolo American Kitchen Resolution 2015-157, Approving the Transfer of the Off-Sale Liquor and Tobacco Licenses to City Sliquors, Inc., dba: City Sliquors Resolution 2015-158, Approving the 2015-2016 Labor Agreement between the City of Stillwater and Stillwater Firefighters Association Resolution 2015-159, Approving the State of Minnesota Department of Transportation and City of Stillwater Snow and Ice Control Maintenance Agreement Resolution 2015-160, Approval of Monitoring Agreement with ESCI System Integrators Page 9 of 10 City Council Meeting September 15, 2015 Resolution 2015-161, approving the 2015-2016 Labor Agreement between the City of Stillwater and Minnesota Teamsters Public & Law Enforcement Local 320, Stillwater Public Managers Association Resolution 2015-162, approving Attachment 6—Consent of Mortgage Mavack LLC (VistaTech) Resolution 2015-163, adopting the City of Stillwater Master Trails Plan and approval of an update to the City of Stillwater 2030 Comprehensive Plan(Case No. 2015-14) Resolution 2015-164, adopting Findings of Fact, Conclusions and Order related to a 19 lot residential preliminary plat and associated variances, zoned RB: Two Family Residential, all for property located at 1902 Williams St N. (Case No. 2015-22) Resolution 2015-165, adopting Findings of Fact, Conclusions and Order related to a special use permit and variance requests for an Indoor Gun Range to be located at 2159 Curve Crest Boulevard (Case No. 2015-15) Resolution 2015-166a, approving the final Plat for Brown's Creek Cove (Case No. 2015- 32) Resolution 2015-166b, approving the development agreement for Brown's Creek Cove (Case No. 2015-32) Resolution 2015-167, approving assignment agreement and conservation easement with Washington County for purchase of Palmer Property Resolution 2015-168, declaring cost to be assessed and ordering preparation of proposed assessment for 2015 Street Improvement Project (Project 2015-02) Resolution 2015-169, calling for hearing on proposed assessment for 2015 Street Improvement Project (Project 2015-02), L.I. #406 Resolution 2015-170, adopting the proposed Tax Levy for the payable year 2016 Resolution 2015-171, adopting the proposed budget appropriations for the year 2016 Resolution 2015-172, setting payable 2016 Truth-N-Taxation public meeting Resolution 2015-173, supporting application for a temporary classification of body worn camera data Page 10 of 10