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HomeMy WebLinkAbout2015-11-17 CC MIN illwater TME IINTNSLACE OF MINNESOTA CITY COUNCIL MEETING MINUTES November 17,2015 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 Administration Secretary Manos PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of November 3, 2015 regular and recessed meeting Motion by Councilmember Junker, seconded by Councilmember Menikheim,to approve the minutes of the November 3, 2015 regular and recessed meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of Resolution by the Stillwater Public Library Board to Stillwater Public Library Foundation and its Donors Mike Keliher, Library Board, read a proclamation acknowledging a generous gift of$9,000 from Patrick and Jane Thiele which, together with a matching gift from Stillwater Public Library Foundation and its donors, has made it possible for the Library to remain open on Sundays. OPEN FORUM There were no public comments. STAFF REPORTS Community Development Director Turnblad distributed the 2016 Community Development Department work plan and asked for input. Public Works Director Sanders stated that on November 19 there will be neighborhood meetings regarding Tower Drive and Olive Street projects. He reported that of the almost 1,100 curb ramps City Council Meeting November 17, 2015 in the City, about 45% of the ramps are ADA-compliant, and the City converts more curb ramps with each street project. Finance Director Harrison reminded the Council of the December 1 Truth in Taxation Meeting. City Administrator McCarty reminded the Council of the combined League of Minnesota Cities and Metro Cities forum November 18 in Minneapolis. CONSENT AGENDA Resolution 2015-201, directing payment of bills Resolution 2015-202, approving renewal of the City's Board of Appeal & Equalization duties to Washington County Possible approval of sanitary sewer adjustments Possible approval of 2015 Capital Budget Release - Library Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Resolution challenging 2015 Met Council System Statement Community Development Director Turnblad explained that at the last Council meeting it was clear there was concern about the City's classification as a suburban community and the implication for density. He conveyed the concern to Met Council staff. The City's options are to either agree to have a mixed classification for the City, or to include text in the Comprehensive Plan to identify certain neighborhoods as exceptions. The Met Council has not yet provided an answer as to which option they would support. He suggested adopting a resolution challenging the classification, with the understanding that as the two Councils confer, if an agreement is reached,the request for a hearing could be withdrawn. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2015-203, Resolution requesting a Hearing pursuant to Minnesota Stat. Sec. 473.857. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None NEW BUSINESS Consider appeal by Bob and Rachael Bugbee of an administrative interpretation related to a lean-to improvement on their property located at 1427 Lydia Circle Community Development Director Turnblad explained that the applicants are appealing an administrative determination that the 2x4" frame on the property is considered a projection from the garage, and therefore needs to be either removed or reduced in size, so it is projecting no more than 3' from the house. Page 2 of 5 City Council Meeting November 17, 2015 Councilmember Junker stated it appears that water runs off onto the neighbor's property. Mr. Turnblad confirmed this. On a question by Councilmember Weidner regarding what the posts sit on, Mr. Bugbee replied that the posts are on 4x4 fence posts and the covering is just a tarp over the joists that come off the garage to keep the firewood dry. It is 9' from the garage to the property line. He added that a couple years ago, the Building Inspector came and stated it was perfectly acceptable, and that it also would also be acceptable for them to build a carport in that location. In August, the City Engineer and other staff came and confirmed that it was acceptable. He asked what changed between then and now. City Attorney Magnuson explained that this summer, Officer Thorstad brought photos to his office and asked for an opinion. The photos show there are joists attached to posts of the garage. The zoning ordinance defines a structure as: "anything constructed or erected by humans, except for fences or walls that are 18" or less in height." So this fits the definition of a structure. He went on to say the code states every part of a required yard space shall be open and unobstructed by any building or structure, except for architectural features which may project not more than 3'. He added that he cannot explain why the other interpretations were given, but it is obvious it is a structure and is encroaching into the yard space. Mayor Kozlowski stated it sounds like the City made an error-that is what changed between then and now. Community Development Director Turnblad confirmed that different codes have different definitions. The Building Official defines a structure based on building code,but zoning code sees it as a structure. The error was that one department did not ask the other if they agreed with all the definitions. Mr. Bugbee agreed it is a structure, but stated he did not see how all the City staff could have made the mistake. He reiterated that the building inspector looked at it after it was built and stated he could have a carport there. Councilmember Junker remarked that he has a problem with running joists out from the garage right up to the property line, tying it into the fence posts and putting a tarp over it; it looks unappealing. Mayor Kozlowski stated he agrees that it is a structure, and the 10' setback should apply. Councilmember Weidner pointed out that if the applicant had gone through the permitting process before it was constructed, he may have had a different answer from staff. Discussion of Veterans Memorial Expansion Community Development Director Turnblad explained the issue: the Veterans Memorial Board is hoping to increase the size of the memorial grounds to create more area for pavers. The expansion would result in the loss of 10 parking spaces in Municipal Lot 19. The south side of Municipal Lot 18 immediately to the north has six parallel parking spots. If the lot were expanded to allow 90° angled parking here, the lot would have about eight more spaces. This would compensate for eight to ten of the ten spaces lost in Lot 19, but would require the construction of some retaining wall. The Memorial Board would like this area to be considered proof of parking to mitigate the spaces lost to expansion of the memorial. The Memorial Board is hoping that if the parking spaces are actually needed in the future,the City would pay for constructing the proof Page 3 of 5 City Council Meeting November 17, 2015 of parking spaces. Since Cub Foods has moved many of their staff out of the office building in Stillwater,the number of parking spaces currently available far exceeds the office parking needs. Councilmember Weidner asked why the City would not replace the lost parking spaces immediately, and Mr. Turnblad replied that lots 18, 19 and 20,plus the Cub lot have a total of 213 spaces available. The City has an agreement with SuperValu that there will be 210 spaces available. The reason why proof of parking is being suggested as an alternative to replacing the lost parking spaces immediately, is that the Cub building now is half vacant. Parking spaces are required based on actual building use. Today the number is 210, but that could change based on future use of the building. Councilmember Menikheim noted he does not remember seeing those lots filled in the last 5-8 years; he feels a few parking spaces are not going to make that much difference. Councilmember Weidner stated he would like to know the cost of reconfiguring the parking spaces in the north lot. Mayor Kozlowski remarked he does not want to violate any agreements with Cub. He asked if the agreement to provide parking spaces runs with the property forever. Mr.Turnblad informed the Council that Brian Larson has spoken with several folks at SuperValu, and reported that because they are actively marketing that vacant space, they do not want to give up spaces that could potentially be needed. They would prefer the number of available spaces not drop below 210. City Attorney Magnuson provided background on the City's agreement with SuperValu. Councilmember Junker asked how many more pavers the expansion of the Memorial would generate, and Brian Larson, architect representing the Veterans Memorial Board and original designer of the Memorial, reported that currently there are 1,314 pavers with space for about 30 more. So at the current rate, space for pavers will run out in 2017. If the Memorial site can be expanded, it would allow an additional 520 pavers, which would fulfill paver requests for about 25 more years. He noted the expansion would better delineate the Memorial from the parking lot areas and reduce potential conflicts between uses of the lot. He added that Cub staff made it clear they had no objections to the expansion as long as they do not lose net parking spaces. Depending on the building's ultimate use, the spaces may or may not be needed. The idea of having a proof of parking, so that the spaces could be built when needed, is a good solution. Councilmember Menikheim asked if the expansion would preclude the Farmer's Market from being there. Mr. Larson confirmed it would not. Councilmember Polehna commented that the Farmer's Market should be included in the conversation before the Council acts. Councilmember Weidner stated he feels if 10 spots are lost, they should be replaced right away. If the City cannot afford it, the expansion should not go forward, because the City has to live up to its agreement with SuperValu to provide 210 spaces continually. Councilmember Junker suggested getting a cost estimate for adding seven to 14 spaces, since the total of 213 is already three over the required number. Mr.Larson noted that the fewer number of spaces along that edge of the north lot,the less retaining wall would be needed; most of the area would not need a retaining wall, it's just a matter of moving the curb and there is some expense there. Page 4 of 5 City Council Meeting November 17, 2015 Councilmember Polehna stated he is not opposed to granting the expansion if the cost of the parking spaces can be covered. Councilmember Weidner pointed out that the Veterans Memorial is asking the City to spend money it does not have right now. He would like them to use more imagination in looking at whether fewer spaces could be taken. Mr. Larson responded that the Veterans Memorial is trying to extend the timeline for these pavers to a reasonable distance in the future to eliminate the need for another expansion. Court Melin,chair of the Veterans Memorial Board, informed the Council that once there is some sort of approval from the City,they will seek funding for the expansion. Possible approval of resolution adopting City Strategic Plan City Administrator McCarty reviewed the major goals developed in drafting the Strategic Plan. He requested formal approval of the plan. Councilmember Menikheim stated he felt the mission statement needs updating. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2015-204, adopting City of Stillwater 2015-2020 Strategic Plan. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None COUNCIL REQUEST ITEMS Councilmember Polehna noted that there will be a meeting December 9 with the Minnesota National Guard to review the Yellow Ribbon program. He also stated there are plaques denoting the Last Man's Club, WWII and Korean War veterans that will be moved to the history room at the new armory to ensure that the history of the community is represented in the building. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmemb- 'e -h . e .: o-. - -= ting at 8:22 p.m. All in favor. tirdll Ted Ko :wski, Mayor ATTEST: t , . 7)0140 A-6d-- J homas McCarty, Acting, ity Clerk Resolution 2015-201, directing payment of bills Resolution 2015-202,approving renewal of the City's Board of Appeal&Equalization duties to Washington County Resolution 2015-203, requesting a hearing pursuant to Minnesota Statutes Section 473.857 challenging 2015 Met Council System Statement Resolution 2015-204, adopting City of Stillwater 2015-2020 Strategic Plan Page 5 of 5