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CITY COUNCIL MEETING MINUTES
May 3, 2016
REGULAR MEETING 4:30 P.M.
Mayor Kozlowski called the meeting to order at 4:30 p.m.
Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna
Absent: None
Staff present: City Administrator McCarty
Human Resources Manager Robole
City Attorney Magnuson
Community Development Director Turnblad
Public Works Director Sanders
Police Chief Gannaway
Fire Chief Glaser
Finance Director Harrison
City Clerk Ward
OTHER BUSINESS
Introduction of Human Resources Manager, Donna Robole
City Administrator McCarty introduced Donna Robole, Human Resources Manager. Ms. Robole
briefed the Council on her background and qualifications.
Discussion of City Hall usage and policy
City Administrator McCarty stated that over the past few months there have been security and
other concerns about allowing the public use of City Hall meeting rooms after hours. With the
Fire Department moving away from City Hall, there is no longer a 24/7 staff presence in the
facility. Staff recommends that the City stop providing meeting rooms for the general public or
organizations, and direct them instead to contact the Library for use of their meeting rooms. Mr.
McCarty reviewed a proposed Meeting Room Policy that limits use of meeting rooms.
City Clerk Ward reiterated that the main concern is City Hall doors left open, which happened
numerous times in the past year.
Councilmember Polehna mentioned that later this year the Armory will be open,which will have
meeting rooms available to the public.
Mayor Kozlowski emphasized the importance of providing a transition period and options for
those groups that currently meet at City Hall. City Clerk Ward stated that she could provide the
groups who regularly meet at City Hall with a list of other available spaces.
Public Works Director Sanders inquired being that Teddy Bear Park is a public facility would that
be part of the policy.
City Council Meeting May 3, 2016
Councilmember Polehna suggested the name of the policy be changed to City Hall Usage Policy
to be more clear.
Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2016-
095, approval of Meeting Room Policy for City Hall.
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna
Nays: None
STAFF REPORTS
Police Chief Gannaway invited the Council and public to a Law Enforcement Memorial Service
set for May 16 at the Washington County Historic Courthouse.
Community Development Director Turnblad updated the Council on the Downtown Plan
committee schedule.
Public Works Director Sanders informed the Council that the bids for the 2016 street improvement
project came in $200,000 lower than the engineer's estimate.
City Administrator McCarty provided an update on the Classification and Compensation study.
ADJOURNMENT TO EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION
Mayor Kozlowski adjourned the meeting to Executive Session at 4:54 p.m.
RECESSED MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:00 p.m.
Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna
Absent: None
Staff present: City Administrator McCarty
City Attorney Magnuson
Community Development Director Turnblad
Public Works Director Sanders
Police Chief Gannaway
Fire Chief Glaser
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 19, 2016 regular meeting minutes
Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve the April 19,
2016 regular meeting minutes. All in favor.
Page 2 of 9
City Council Meeting May 3, 2016
PETITIONS,INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Council Service Award - Watermark Church
Mayor Kozlowski presented a Council Service Award to Watermark Church for helping clean up
Lowell Park.
Council Service Award- Solveg Peterson and Don Stiff(Parks &Recreation); Karen Markowitz and
Ann McLellan (Charter); Gim Middleton (Planning)
Mayor Kozlowski reviewed Council Service Awards to be sent to Solveg Peterson, Don Stiff,
Karen Markowitz, Ann McLellan, and Gim Middleton for fulfilling their volunteer service on
their respective commissions.
OPEN FORUM
Kathy Helmberger, 303 North Fourth Street, spoke on behalf of the Fourth Street neighborhood,
regarding concern that residents of the Swedish Covenant Church have set up an Event Center in
their home without a permit nor notification of neighbors.
Community Development Director Turnblad told the Council that staff is aware of the issue; that
the property is the subject of enforcement action because there was renovation done without a
building permit; and they have opened an event center without a permit.
Councilmember Weidner pointed out that the larger question is enforcement: there is a need for
an enforcement person for zoning issues. Community Development Director Turnblad replied
that with zoning code violations such as this,the City Planner would usually contact the property
owner to discuss the code with them,present a verbal request, and then a letter to stop the activity
and submit the proper application.
CONSENT AGENDA
Resolution 2016-090, directing payment of bills
Resolution 2016-091, 2016 technical services agreement between Washington County
Conservation District and the City of Stillwater
Possible approval to purchase Dodge Ram 4500 with contractor body and crane—Public
Works
Resolution 2016-092, approving transfer of tobacco license of Stillwater Tobacco Shop,
Inc. DBA: Stillwater Tobacco Shop to Northgate, Inc. DBA: Still Tobacco 2
Resolution 2016-093, approving Long Lake Rain Gardens Agreements between the
Homeowner, Brown's Creek Watershed District and City of Stillwater
Resolution 2016-094,reappointing member to Downtown Parking Commission
Possible approval of scrivener error correction on Resolution 2016-089
Possible approval of retail fireworks permit— Cub Foods
Possible approval of Temporary Liquor License— Fundraiser for St. Croix Kids
Possible approval of retail fireworks permit—Target#931
Resolution 2016-096,Possible approval of resolution approving settlement
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt the Consent
Agenda.
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna
Nays: None
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City Council Meeting May 3, 2016
PUBLIC HEARINGS
Case 2016-14 A public hearing to consider a request by Kenneth Heifort, for consideration of a
concept Planned Unit Development, Preliminary Plat, and a Zoning Map Amendment for The Ponds
at Heifort Hills, a 24-lot residential subdivision to be located at 8753 and 8911 Neal Avenue North,
currently located in the AP Zoning District.
Community Development Director Turnblad reported that the plat needs to be redesigned due to
a wetlands issue, so staff asks to open and continue the public hearing until the next Council
meeting.
Mayor Kozlowski opened the public hearing.
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to table the request by
Kenneth Heifort for consideration of a concept Planned Unit Development, Preliminary Plat, and
Zoning Map Amendment for The Ponds at Heifort Hills, and continue the public hearing to May 17.
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna
Nays: None
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
Possible approval of Lumberjack Days Special Event and Contract
City Administrator McCarty reviewed the revised Lumberjack Days Special Event and Contract.
Brad Glynn, The Locals, stated they are in agreement with the contract.
Councilmember Polehna asked why the public safety department is required to approve music
and determine how it is promoted. Mr. Glynn replied that public safety does not critique the
musicians or musical genre, but rather looks at the selected bands and researches similar crowds
that are anticipated in order to determine potential public safety needs. Public safety review of the
media campaign probably relates to the event being made community- and family-friendly
according to the original RFP.
Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve Resolution
2016-098, approving 2016 Lumberjack Days Agreement.
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna
Nays: None
Consideration of parking ramp advertising proposal and contract
Community Development Director Turnblad explained that Ramp Ads Marketing,LLC has asked
the City to consider allowing them to advertise in the City's parking ramp. The Downtown
Parking Commission in March approved the concept of placing discrete ads in the ramp, and set
up a committee which would approve or disapprove the ads. The City would receive 20% of the
advertising revenue and would have no up-front costs. Staff asks the Council to consider the
contract and if found to be satisfactory, adopt the Resolution approving it.
Chris Christian of Ramp Ads gave a presentation on how the advertising program would work.
They predict revenue of$5-10,000 per year. The City would earn 20% of that. There would be
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City Council Meeting May 3, 2016
three different sizes of ad, 2 x 4, 3 x 6, and 4 x 8. The material would be removed by reheating
which releases the adhesive so the ad may be peeled off. They would propose three to five ads
placed in the City parking ramp.
Mayor Kozlowski stated he likes the idea as a marketing concept,but would not want to see fast
food ads in the City ramp. He feels it would be tacky for downtown Stillwater.
Councilmember Weidner agreed and added that he does not feel the revenue would be worth it.
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to deny a contract with
Ramp Ads, LLC.
Ayes: Mayor Kozlowski, Councilmembers Weidner, Polehna
Nays: Councilmembers Junker, Menikheim
Consideration of Cashman tuk-tuk request
Community Development Director Turnblad stated that Jim Cashman is proposing tuk-tuk service
in downtown Stillwater. The drivers would offer rides and mini-tours downtown for free. Mr.
Cashman's plan is to operate two battery operated vehicles between April and October. Revenue
to support the drivers and vehicle costs would be generated through rider donations and
advertising placed on the vehicles. One reserved parking stall is requested for each of the two
vehicles.As with the Stillwater Trolley and the BierCycle,a license would be necessary to reserve
public parking spaces for private use. The Downtown Parking Commission liked the idea of the
tuk-tuk service, but recommended denial of the request to reserve two parking spaces, instead
suggesting that Mr. Cashman negotiate parking spots within private lots. The Council should
decide whether it supports the request to reserve two on-street parking spaces for the tuk-tuks. If
so, staff will bring a license back to the next Council meeting for formal approval.
Mayor Kozlowski noted in other places where he has seen these types of services,they are always
in use and seldom parked. He questioned the need for a dedicated parking spot.
Jim Cashman, 2022 Broadway Street North, replied that it would be nice to have a reserved
parking spot that has excellent visibility and exposure. He added he is considering just one tuk-
tuk for this year to get the business going. He has not purchased the tuk-tuk yet. He feels one less
parking spot would not matter that much.
Regarding the potential spot by the gazebo, Fire Chief Glaser commented that it is a busy,
congested area used for a lot of weddings and other groups.
Mayor Kozlowski stated he wants to have the tuk-tuk downtown. He feels a reserved parking
space would not be needed.
Councilmember Weidner suggested he talk to other business about resting in his parking lot if
needed. He feels the City should not allow dedicated public parking spots.
Councilmember Junker added that the four spots that Mr. Cashman suggested are probably the
most visible spots in Stillwater. He feels there are other great spots in private parking lots that
would be more appropriate.
Councilmember Polehna noted the service may help with some of the congestion downtown and
in the long run may be good for the community.
Mayor Kozlowski stated he is opposed to reserving a public parking space, but pledged to help
Mr. Cashman talk to business owners about using their private lots. Mr. Cashman agreed the
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City Council Meeting May 3, 2016
vehicle will be constantly moving. He feels there will be no problem getting media attention to
promote the tuk-tuks.
Councilmember Menikheim reminded Mr. Cashman he needs to have a place to charge the
vehicles.
Motion by Councilmember Junker, seconded by Councilmember Polehna,to deny the request by Jim
Cashman for two reserved parking spaces.
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna
Nays: None
Consideration of JX Event Venue parking request
Community Development Director Turnblad reported that Judd Sather is well into the remodeling
project for the JX Event Center, located in the historic shoe factory building on 2nd Street and
Commercial Street. Mr. Sather is hoping to create four event drop-off spaces on 2nd Street and
four event parking spaces on Commercial Street. The requested drop-off spaces are at the front
entrance to the Event Center. The requested event parking would be for catering and other service
needs and are located near the service entrances on Commercial Street. In addition, the delivery
dock that projected into the Commercial Street right-of-way has been removed as part of the Event
Center renovation, which was necessary in order for the City to be able to complete the
Commercial Street pedestrian improvements planned in the current Comprehensive Plan. Mr.
Turnblad explained that even though the timing for the improvements is unknown, eventually the
curb line on the south side of Commercial Street would be straightened out (it currently does a
jog around the loading dock space) and the sidewalk on both sides of the street would be upgraded
and made more welcoming to pedestrians.
Mr. Turnblad continued by stating that Mr. Sather has removed the loading dock at his cost, but
would like to keep the curb line as it is and Mr. Sather is request that the City consider allowing
the event parking and 15 minute parking. Mr. Turnblad stated that the Parking Commission
recommended: 1.) Approval of the two northerly spaces on Second Street in front of the event
center to be signed for loading and unloading. These would be available to anyone, not restricted
to event center use; 2.) Denial of the request to convert the two southerly spaces on Second Street
to short term parking; and 3.) Denial of the request to convert the four spaces on Commercial
Street to event parking.
Staff recommends realigning the curb on Commercial Street so that the loading dock jog is
removed. However, to accommodate backing into the former loading dock area, a curb cut could
be allowed, which the curb cut and sidewalk in this area would have to be approved by the City
Engineer.
Mayor Kozlowski commented that he would hate to see those two potential loading spaces sit
empty most of the day. He would prefer to see 15-minute parking.
Councilmember Junker responded that loading zones that are empty are good because that means
they are working, whereas people frequently park much longer than 15 minutes in 15-minute
spaces.
Mr. Sather explained that the spaces on Commercial, where the loading dock was, will be used
for service deliveries while customers will use the spaces on Second Street. If there are two cars
parked in front of the main entrance on Second Street, all the guests will be walking between
those two cars.
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City Council Meeting May 3, 2016
Councilmember Polehna reflected that having the loading zones is a good idea for both JX Event
Center and the Lowell Inn.
Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve the two
northernmost parking spots on Second Street for loading and unloading only.
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna
Nays: None
Update on Browns Creek Parking Lot
Public Works Director Sanders updated the Council on construction of a paved parking lot in
Browns Creek Park, located on the west side of Neal Avenue, north of the Brown's Creek Trail.
The proposed parking lot would be designed for 25 vehicles,to fit within the existing gravel area,
and 60' x 117' in area. Staff was approached by the Brown's Creek Watershed District (BCWD),
who would like to construct a water quality project on the site of the City's parking lot project,
that would include a rock crib basin to decrease the temperature of storm water runoff, structures
that capture sediment before it enters into Brown's Creek,and a rain garden. BCWD has proposed
a location for the rock crib that would require a change in the configuration of the original parking
lot design, increasing the size of the lot to 42' x 225'.
Mr. Sanders continued by stating that BCWD has agreed,to pick up the any additional cost of the
change in configuration of the parking lot in order to accommodate the new location of the rock
crib. BCWD has agreed to engineer and construct the City portion of the parking lot as well, and
has prepared a draft cooperative agreement for the project. He informed the Council that the
agreement would address issues such as BCWD's right to construct and maintain the rock crib on
City property, and cost participation and that the agreement is being reviewed by staff and will be
brought back to the Council at the next meeting for approval.The parking lot would be constructed
in August-September.
Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve the Brown's
Creek parking lot project and direct staff to work with BCWD on the projec,and bring the cooperative
agreement back to Council for approval.
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna
Nays: None
Community Development Department Status of 2016-17 Project Work Plan
Community Development Director Turnblad presented the Council with lists of completed
projects, on-schedule projects, and delayed or postponed projects. He noted that the first quarter
of this year has generated an atypical amount of"routine" planning work. This includes private
development proposals, variance and special permit applications, economic development work,
enforcement issues,public inquiries, etc. In addition,the department secretary accepted a position
with the St. Croix County Planning Department and the vacancy is in the process of being filled
and that the administrative support is being done by the planner. He stated that the result of the
unexpected routine work load increase, together with the loss of the planning secretary, is that
some projects have been put on hold or are progressing more slowly than hoped.
Mr. Turnblad continued by offering two approaches to reconciling the project work plan with staff
resources: 1)reschedule the 2016 projects that have been postponed or have fallen behind to 2017;
or 2) explore retaining a planning consultant to help with the project work load. This person could
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City Council Meeting May 3, 2016
be paid through economic development funds. He offered to get cost estimates and bring it back
to the Council.
Councilmember Weidner agreed that more help is needed, especially for enforcement of
ordinances. Mr. Turnblad responded that, long term, the City is reaching development capacity,
so new development probably would not take as much time in the future. The City will need to
add a zoning administrator who can concentrate on zoning enforcement and questions.
Councilmember Menikheim remarked he would prefer not to postpone 2016 work items until
2017.
Asked by Councilmember Junker about a length of a position, Mr. Turnblad stated he would
probably recommend a cap for the consultant for this year.
Councilmember Weidner stated he looks at a consultant position as short-term and a zoning
administrator position as long term.
Council consensus was to direct staff to bring back more information on costs of a consultant,and
what projects could be done for the money available.
Possible approval of Management Plan for Palmer property
Community Development Director Turnblad reminded the Council that in December 2015, the
City purchased the former Palmer property remnant on the corner of Manning Avenue and
Dellwood Road from Washington County,which used legacy funds to reduce the City's purchase
price. As part of the purchase contract with the County, the City agreed to develop a management
plan for the protected areas of the site. The City asked the Brown's Creek Watershed District
board of directors if they would help develop the plan. They approved the request and committed
$7,200 to hire EOR for the job. EOR and BCWD staff met a number of times with the Public
Works Director and Mr. Turnblad to draft the plan. Public Works and Community Development
staff recommend approval of the plan.
Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution
2016-099, adopting the "Former Palmer Property Wetland Buffer Management Plan."
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna
Nays: None
Possible appointment to the Heritage Preservation Commission
City Clerk Ward stated that the Heritage Preservation Commission Chairman and Council
Representative are recommending the appointment of Ms. Angela Hadrits.
Motion by Councilmember Weidner,seconded by Councilmember Junker,to adopt Resolution 2016-
100, appointment to Heritage Preservation Commission.
Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna
Nays: None
COMMUNICATIONS/REQUESTS
Councilmember Polehna noted that Thursday night, the Human Rights Commission will sponsor
a speaker at the Library on human trafficking.
Page 8 of 9
City Council Meeting May 3, 2016
STAFF REPORTS (CONTINUED)
Fire Chief Glaser reported that on May 17, Regions EMS will recognize one of Stillwater's
response crews for their efforts in saving a young man's life last October.
COUNCIL REQUEST ITEMS
There were no Council request items.
ADJOURNMENT
Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the meeting
at 9:06 p.m. All in favor.
trA.
Ted Ko'wski, Mayor
ATTEST:
Diane F. Ward, City Clerk
Resolution 2016-090, directing payment of bills
Resolution 2016-091, 2016 technical services agreement between Washington County
Conservation District and the City of Stillwater
Resolution 2016-092, approving transfer of tobacco license of Stillwater Tobacco Shop,
Inc. DBA: Stillwater Tobacco Shop to Northgate, Inc. DBA: Still Tobacco 2
Resolution 2016-093, approving Long Lake Rain Gardens Agreement between the
Homeowner, Brown's Creek Watershed District and City of Stillwater
Resolution 2016-094,reappointing member to Downtown Parking Commission
Resolution 2016-095, approving meeting room policy for City Hall
Resolution 2016-096, a resolution approving settlement
Resolution 2016-097,not used.
Resolution 2016-098, approving 2016 Lumberjack Days Agreement
Resolution 2016-099, adopting the "Former Palmer Property Wetland Buffer Management
Plan"
Resolution 2016-100, appointment to Heritage Preservation Commission
Page 9 of 9