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HomeMy WebLinkAbout2016-04-19 CC MIN j 1 ater THE IINTNPLA CE OF MINNESOTA CITY COUNCIL MEETING MINUTES April 19, 2016 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 Absent: None 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 April 5, 2016 regular and recessed meeting minutes Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the minutes of the April 5, 2016 regular and recessed meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS There were no petitions, individuals, delegations or commendations. OPEN FORUM Dionne Meisterling, 12550 72nd Street North, thanked the Council for the consideration given to residents during the Croix Bay public hearing process. STAFF REPORTS Public Works Director Sanders informed the Council that the owner of St. Croix Boat & Packet and the City have agreed on a new style of block for the wall to be installed. Construction will start next week. Councilmember Weidner stated Mr. Anderson had called him to clarify the nature of the problem. He noted Mr. Anderson wants to pave the path and feels that will solve the problem. City Council Meeting April 19, 2016 Mr. Sanders stated the City can work with Mr. Anderson on the paving portion of the project. On a question by Councilmember Weidner about safety issues, Police Chief Gannaway resplied that he thinks the sheer volume of people will make it problematic, so whatever can be done to clearly delineate between the path and the driving surface is good. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to allow Mr. Anderson to include the paved portion as he originally proposed. All in favor. Public Works Director Sanders informed the Council that the seasonal schedule for the lift bridge starts April 20. He also reported that the Water Street garbage enclosure is complete. Finance Director Harrison notified the Council that the closing on the bonds is complete. City Administrator McCarty reported that the new Human Resources Manager, Donna Robole, starts on Monday, April 25. CONSENT AGENDA Resolution 2016-077, directing the payment of bills Resolution 2016-078, approving special event and contract North Star Grand Prix Resolution 2016-079, approving special event and contract Half Marathon Resolution 2016-080, final acceptance of work for County Road Improvement Project (Project 2013-04) Resolution 2016-081, approving contract with RES Specialty Pyrotechnics Possible approval of temporary liquor license— St. Croix Catholic School— May 21, 2016 Possible approval to purchase projector— MIS Resolution 2016-082, approving the demolition of the structure located at 816 Fourth Street South(HPC Case No. 2016-01) Resolution 2016-083, approval of agreement for assessment services with Washington County Possible approval of retail fireworks permit - Dollar Tree Resolution 2016-084, approval of agreement with Metro Public Safety Training Facility Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Approval of findings of fact related to Zoning Text Amendment, Zoning Map Amendment for 12525 and 12721 75th Street North, 12620 72nd Street North, and parcels with no address identified as PID 30.030.20.42.0005 and PID 30.030.20.41.0040 Community Development Director Turnblad reminded the Council that they approved the concept PUD,but denied the zoning map amendment and zoning text amendment. The resolution provided formalizes the findings of fact. Page 2 of 9 City Council Meeting April 19, 2016 Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2016-085, resolution adopting findings of fact, conclusions and order related to zoning text and zoning map amendments for Northland Senior Living,a proposed 50 acre,multi-use senior care living facility to be located at 12525 and 12721 - 75th Street North and 12520 - 72nd Street North, currently located in the LR and AP Zoning Districts, Case No. 2016-013. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None NEW BUSINESS Possible approval for permit to keep bees— 1007 Sixth Street South Community Development Director Turnblad explained that Camilla Correll, property owner, has requested a beekeeping permit and wishes to sell honey from her home. One letter of objection has been received from a neighbor who has allergies. The application meets all code requirements. The application meets code and staff recommends one-year conditional approval. Councilmember Weidner asked if complaints have been received about other current beekeepers' hives, and Mr. Turnblad replied no. Councilmember Junker reiterated the concern about allergies. Mayor Kozlowski stated it always seems like once the hives go in, those with concerns do not seem to have complaints. Motion by Councilmember Menikheim, seconded by Councilmember Polehna,to approve a one-year beekeeping permit for Camilla Correll, 1007 Sixth Street South. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: Councilmember Weidner Possible approval for permit to keep chickens—911 Owens Street North Community Development Director Turnblad stated that Chris Seidler, property owner, has requested a permit to keep chickens. He explained the proposed plans. The application meets code and staff recommends one-year conditional approval. Two neighbors have objected to the permit, raising concerns about care of existing animals on the property and about the noise, smell, yard waste and pests associated with chickens. One letter of support was received. The applicant indicated if there is strong opposition to the keeping of chickens on his property, he may not proceed with the keeping of chickens, and would then request a refund of the $50 application fee associated with the permit request. Motion by Councilmember Menikheim, seconded by Mayor Kozlowski, to approve a one-year chicken keeping permit for Chris Seidler, 911 Owens Street North. Ayes: Councilmembers Menikheim, Weidner, Mayor Kozlowski Nays: Councilmembers Junker and Polehna Councilmember Weidner pointed out that whether or not Councilmembers like the idea of chickens in the City, the permit process has been established; perhaps the ordinance should be changed if the Council does not agree in principle with the keeping of chickens in the City. Page 3 of 9 City Council Meeting April 19, 2016 Councilmember Junker recognized if there are problems with the particular permit, the permit may be reviewed before a year is up. Possible approval of resolution approving Stillwater Fire Department application for Federal Emergency Management Agency (FEMA) Staffing for adequate Fire And Emergency Response (SAFER) Grant For $179,526 to hire additional firefighter personnel City Administrator McCarty informed the Council that the Federal Emergency Management Agency (FEMA) has made two-year grants available to support local fire departments' needs for additional firefighter personnel. The program is known as the Staffing for Adequate Fire and Emergency Response (SAFER) Grant. The Department's current firefighter staffing levels would be enhanced with additional personnel funded through the SAFER grant, allowing for a more optimum fully staffed fire engine crew on a 24/7 basis. The SAFER grant would fund an additional full time firefighter position for two years at a cost of$179,526. The SAFER grant does not require a city cost share, nor an ongoing maintenance of effort commitment beyond the grant closeout date of June 30,2020. There is no fiscal impact to the city. Staff recommends the Council approve the submittal of the application for the grant. Fire Chief Glaser reiterated that the entire salary and benefit package for the position would be covered by the SAFER grant. He asked the Council for a resolution of support for the grant application. The City may not know until late 2017 if the grant is awarded. Councilmember Weidner asked if there are employment ramifications of releasing the firefighter if needed at the end of the grant. Fire Chief Glaser replied that according to the grant information, the City may release the firefighter if it chooses, as long as it complies with the two year term of the grant. He noted that the Department will likely have openings occur in the period of the grant. The goal is not to release the additional firefighter, but to have a four-person engine crew, hopefully permanently, as needs are increasing. Councilmember Weidner expressed concern about trying to back-door another permanent firefighter position. Chief Glaser responded he is not trying to back-door another position. Within two years, he would attempt to figure out how the City could maintain the position and cover the cost of the position. During the course of the grant period, the City must maintain the staffing it currently has. Councilmember Weidner stated he feels a grant is a great idea, but it will be tough to say it's no longer a full time position at the conclusion of the grant period. He would like to get a person for two years and then have a better discussion about why there is a need for another full time firefighter. Councilmember Junker asked if the new hire would be made aware it is a two year position, and Chief Glaser stated yes, they would be fully aware of the grant requirements. Councilmember Weidner asked what happens if that person gets hired away to another jurisdiction. Chief Glaser replied that during the period of the two year grant, the City has to maintain the level of staffing. If a full time firefighter retires during the period of the grant, the City would have to refill that full time position. Technically if the new hire wants to apply for that full time internal position, they could; then the City would have to refill the grant position for the remainder of the grant period. He mentioned that the grant was awarded in 2006 but the Council turned it down- at that time it was a five year position. He feels grant availability may be phasing out. Motion by Councilmember Weidner, seconded by Councilmember Junker,to adopt Resolution 2016- 086, resolution approving Stillwater Fire Department application for Federal Emergency Page 4 of 9 City Council Meeting April 19, 2016 Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response (SAFER) Grant for $179,526 to hire additional firefighter personnel. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible purchase of Armory building—request for 90 day extension of Notice of Interest to Department of Military Affairs City Administrator McCarty reported that in February 2016, the Minnesota Department of Military Affairs (DMA) formally offered to sell the Armory Building at 107 Chestnut Street to the City of Stillwater for an appraised value of$1,200,000. The DMA further requested that the City formally respond with a Notice of Interest in purchasing the property by May 3, 2016. City staff has been conducting a due diligence analysis of the Armory Building property, but it is not yet complete. A 90 day extension of the May 3 deadline would allow the City time to complete the necessary due diligence analysis. Staff recommends that the Council approve a resolution requesting a 90 day extension. Councilmember Junker requested clarification, and Councilmember Weidner explained his understanding of the process of offering the building for sale. The bill that was introduced by Representative Dettmer and Senator Housley asked that the City be allowed to purchase the Armory for $1 and not go through this process; however, DMA Executive Director Kerr wanted to go through the process. Mayor Kozlowski thanked Councilmembers Weidner and Polehna and Senator Housley for spending a great deal of time on the matter and going to the Capitol. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2016-087,resolution requesting a 90 day time extension from the May 3, 2016 deadline for submittal of a Notice of Interest to the Department of Military Affairs for purchase of the Armory Building Located at 107 Chestnut Street by the City of Stillwater. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible resolution approval for Flaherty-Hood Classification Compensation Study and Contract City Administrator McCarty stated that the Strategic Plan includes an initiative to complete and implement a classification compensation study for the City. A Request for Proposals (RFP) for completion of a classification compensation study was issued; eight proposals were received and a staff committee unanimously recommends award of the contract to Flaherty & Hood P.A. The study will include all City, Library and Water Board positions. The base cost of the study is $25,850, which is within the budgeted appropriation. The anticipated time line for completion is six months. Staff recommends that the Council adopt a resolution approving the proposal and awarding the contract to Flaherty & Hood P.A. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2016-088, approving proposal and awarding contract for City of Stillwater Classification and Compensation Study to Flaherty & Hood P.A. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Page 5 of 9 City Council Meeting April 19, 2016 Possible approval of appointments to Commissions for Downtown Parking, Heritage Preservation, Human Rights, Park and Recreation City Clerk Ward updated the Council on openings on the commissions. She noted there has been discussion about reducing the number of commissioners on the Planning Commission froim nine to seven. Councilmember Weidner stated he has been a proponent of making the Council liaison to the Planning Commission a voting member. He feels that rather than appoint a new member to the Planning Commission, the Council may want to fill that position with the Council liaison as a voting member. Councilmember Menikheim stated he is not in favor of the liaison voting. He has not heard anything about the Planning Commission being reduced to seven members. Councilmember Junker stated it appears there is no consistency in numbers on the various commissions. He would like to see at most seven commissioners because nine is a large number of people. He also noted in 2016 there has been a lot of absence on the Planning Commission. He agreed with Councilmember Weidner that the two Planning Commissioners whose terms are up for reappointment should be reappointed, but this is a good opportunity to reduce the number on the commission by not appointing a third person. On a question by Councilmember Weidner why there are nine commissioners on the Planning Commission, Mr. Turnblad stated that past Councilmember Roush believed that more was better; however it is an unwieldy number because it is hard to get that many people at the dais. Staff feels that seven is a good number for all the commissions, but no one should be forced off the commission; as attrition occurs, the Council could simply not fill vacant positions until the number reaches seven. City Attorney Magnuson commented if the Councilmember votes as a Planning Commissioner liaison, and then they have to sit on the Council and listen to an appeal of a Planning Commission vote, their vote on the appeal could be perceived to be prejudged. City Clerk Ward provided history of the issue, stating that prior to 2007, some of the boards and commissions had a voting Council liaison and some did not. In 2007 the Council in place felt it was necessary to have term limits, interviews by the Council representative and the commission chair, and that none of the Council liaisons should be voting members. Councilmember Weidner recalled that when he was the liaison to the Planning Commission, he would seek approval from the chair to participate and did not participate often in the discussions. Mayor Kozlowski commented that having Council liaisons on the commissions seems to have worked well; they provide perspective on an issue when asked. Councilmember Polehna stated that even though the liaisons do not vote, they should still have the opportunity to participate in the discussions. Councilmember Menikheim acknowledged that when he is a liaison he always feels he has a voice but no vote. It appears to be working. He does not know how the Council can change one commission and not the rest. He expressed concern about the possibility of tie votes which could be cumbersome. Councilmember Weidner asked why Councilmember Menikheim felt the need to be a voting member of the Library Board, and is the need the same on the Planning Commission; and Page 6 of 9 City Council Meeting April 19, 2016 Councilmember Menikheim replied the difference for him is that the Library Board represented taxation without representation. As he looked further into it, he found the statute allowed a Councilmember to be on the Library Board. He did not make an overt attempt to get on the Library Board; he was asked to be on the Board. He felt that would allow for taxation with representation. Mayor Kozlowski agreed the Library Board is unique because it functions independently of the Council. He feels that a voting Council liaison essentially votes twice on the same issue - on a Commission and then when the issue comes to the Council. It could create confusion if a Councilmember votes a different way on the Council than he did on the Commission because of disagreeing with an ordinance, for instance. Councilmember Junker remarked that, going back to the 1980s when he was a commissioner and then a Councilmember,he valued the input that the Councilmembers provide on the commissions. Councilmember Polehna commented he now agrees with Councilmember Weidner that the Planning Commission is unique because it makes decisions on a lot of issues that do not come before the Council. The Councilmember liaison should have a vote, at least on the Planning Commission. In contrast, the Parks Commissioners' votes are usually recommendations to the Council, but not the final decisions. Councilmember Weidner related that Planning Commission Chairman Kocon is very knowledgeable and runs a good Commission, but he feels there should be participation by the Councilmember liaison. He questioned why the change was made in 2007 removing the vote from the Council liaison, and Mr. Turnblad replied it was to achieve consistency among all the Commissions. Mayor Kozlowski stated he personally does not have a problem treating the commissions differently; nor does he have a problem with a Council liaison voting on the Planning Commission. Councilmember Menikheim questioned the impact of one vote on a commission, adding that the Council liaison can bring issues to the Council's attention. Maybe the question being addressed is whether the Council has granted too much authority to the Planning Commission. He feels that just having one Councilmember voting is not going to change anything. Councilmember Weidner replied that having a vote may change the conversation - the Council liaison would have no more authority than anyone else, but they would be able to participate in the conversation freely at the dais, rather than being a complete outsider in the conversation. He feels this would be beneficial. Councilmember Menikheim questioned if the Council would be having this conversation if there were a different Planning Commission chairman, and Councilmember Weidner responded no, he thinks Mr. Kocon has done a good job. He just does not think the Planning Commission meetings are structured to facilitate conversation from the Council liaison. Councilmember Junker stated with nine members at the dais and the Council liaison sitting down at the table, it lessens the likelihood of the Council liaison participating. That is one reason the Planning Commission should go to seven people, to have room for everyone at the dais. City Clerk Ward reminded the Council that one reason the Planning Commissioners sit at the dais is that their meetings are televised. Mayor Kozlowski reiterated he is not opposed to reducing the Planning Commission from nine to seven, nor is he opposed to having a Councilmember with voting privilege on that commission. Page 7 of 9 City Council Meeting April 19, 2016 Ms. Ward asked for Council opinions about the process, whether it is working to have interviews prior to appointment, and also about term limits. There is a lot of institutional knowledge on some of the commissions and the City cannot fill some of the positions. Current term limits are three terms at three years a piece. Councilmember Polehna replied that he feels term limits are too much considering the City has a hard time filling some of these commissions. Councilmember Weidner suggested as a matter of compromise, rather than deciding whether the Council liaison should vote, to follow staff recommendation tonight for reappointments, and not fill the third seat on the Planning Commission, with the intent of reducing it down to seven. He emphasized it has nothing to do with the applicants or their qualifications. City Clerk Ward answered any variations would require changes by ordinance or resolution. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2016-089, approval of appointments to the Commissions of Downtown Parking, Heritage Preservation, Human Rights, Parks and Recreation, Planning, and Traffic Safety Review Committee. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adjourn the meeting at 8:29 p.m. All in favor. Ted wski, Mayor ATTEST: • Diane F. Ward, City Clerk Resolution 2016-077, directing the payment of bills Resolution 2016-078, approving special event and contract North Star Grand Prix Resolution 2016-079, approving special event and contract Half Marathon Resolution 2016-080, final acceptance of work for County Road Improvement Project (Project 2013-04) Resolution 2016-081, approving contract with RES Specialty Pyrotechnics Resolution 2016-082, a resolution approving the demolition of the structure located at 816 Fourth Street South (HPC Case No. 2016-01) Resolution 2016-083, approval of agreement for assessment services with Washington County Page 8 of 9 City Council Meeting April 19, 2016 Resolution 2016-084, approval of agreement with Metro Public Safety Training Facility Resolution 2016-085, resolution adopting findings of fact, conclusions and order related to zoning text and zoning map amendments for Northland Senior Living, a proposed 50 acre, multi-use senior care living facility to be located at 12525 and 12721 75th Street North and 12520 72nd Street North, currently located in the LR and AP Zoning Districts, Case No. 2016-013 Resolution 2016-086, resolution approving Stillwater Fire Department application for Federal Emergency Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response (SAFER) Grant for $179,526 to hire additional firefighter personnel Resolution 2016-087, resolution requesting a 90 day time extension from the May 3, 2016 deadline for submittal of a Notice of Interest to the Department of Military Affairs for purchase of the Armory Building Located at 107 Chestnut Street by the City of Stillwater Resolution 2016-088, approving proposal and awarding contract for City of Stillwater Classification and Compensation Study to Flaherty & Hood P.A. Resolution 2016-089, approval of appointments to the Commissions of Downtown Parking, Heritage Preservation, Human Rights, Parks and Recreation, Planning, and Traffic Safety Review Committee Page 9 of 9