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HomeMy WebLinkAbout2016-09-20 CC MIN illwater 1NE NIRTNRLRLE OF MINNESOTA CITY COUNCIL MEETING MINUTES September 20, 2016 SPECIAL MEETING 3:30 P.M. Mayor Kozlowski called the special meeting to order at 3:30 p.m. Present: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Absent: Councilmember Weidner Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Deputy Fire Chief Ballis Public Works Director Sanders Community Development Director Turnblad Finance Director Harrison City Clerk Ward OTHER BUSINESS Presentation and review of design development proposals for Police Department Remodel and City Hall Improvements - Wold Architects and Engineers Community Development Director Turnblad led a review of the planned Police Department remodel and City Hall improvements. He informed the Council that the estimated project costs are$2.3 million for Phases I and II. Staff recommended adding the following deferred items back into the project because they are considered critical to operations: an awning to City Hall;remodel City Hall service counter on main level; re-cable City Hall; exterior surveillance cameras; panic buttons at Council dais and service counters; and card access control to City Hall internal doors. These critical items would add $215,100 to the project cost. This amount may be covered by a premium the City received due to a good bond sales environment. Joel Dunning, Wold Architects and Engineers, explained the floor plans, project budget, and deferred items. Mark Hovelson, Wenck, pointed out that the project could be bid later this week if the Council approves, and construction could begin in mid-October and take 8 1/2 months for the two phases. Finance Director Harrison reported that when the City issued bonds in early 2016,the bond market was doing very well, so the City was issued a premium;meaning it has more money than expected. Rather than reducing the amount of the bonds, staff opted to keep that premium and use it for this project. City Administrator McCarty suggested that the remainder of the deferred work items could be included in the Capital Improvement Plan for 2018. City Council Meeting September 20, 2016 Motion by Councilmember Menikheim, seconded by Councilmember Junker, to authorize staff to proceed with bidding on the $2.515 million Police Department remodel and City Hall improvement project. All in favor. Mayor Kozlowski recessed the meeting at 5:17 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:03 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Deputy Fire Chief Ballis 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 September 6, 2016 regular and recessed meeting minutes Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve the minutes of the September 6, 2016 regular and recessed meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of Hockey Day Minnesota Special Event Tony Novalany, chair of the Stillwater Organizing Committee, presented the event, site plans, sponsorship and fundraising progress, and ticket sales. He indicated that organizers hope to see 3,500 to 5,500 people downtown throughout the course of the day, January 21, 2017. Patrons will be urged to use park and ride lots with shuttles running downtown. City Administrator McCarty requested the Council authorize staff to continue to work with the organizers and bring the final site plan and formal agreement back for approval. Motion by Councilmember Junker, seconded by Councilmember Weidner, to direct staff to continue negotiations with Hockey Day Minnesota. All in favor. OPEN FORUM Cameron Murray, 350 Main Street North, a member of Sustainable Stillwater, provided an application form for the 2017 Xcel Energy Partners in Energy program. If accepted into the program, the City would participate in a series of meetings to generate ideas for reducing energy use. Page 2 of 10 City Council Meeting September 20, 2016 STAFF REPORTS Deputy Fire Chief Ballis invited the Council and department heads to kick off this year's Fire Prevention Week(October 9-15) with a dinner with the Fire Department on October 4. Community Development Director Turnblad reported that a committee is working on a short term residential lodging study. A questionnaire for residents is being distributed and a stakeholders' meeting will be held October 10. Information on potential ordinances or other options will be brought to the Council. Public Works Director Sanders stated that total costs to place the bridge segment in Bridgeview Park would be about $35,000. Councilmembers expressed disappointment in the high cost and decided not to move forward. They thanked Mr. Sanders for researching the project. CONSENT AGENDA Resolution 2016-174, directing the payment of bills Resolution 2016-175, approving Harvest Fest Special Event and contract Resolution 2016-176, approving cooperative agreement between City of Stillwater and Washington County for the design and construction costs of traffic signal and pedestrian improvements in the City of Stillwater Resolution 2016-177, adopting assessment for water service for various resident projects (L.I. 412) Resolution 2016-178, accepting cash donations Possible Purchase of Salt Brine Equipment Possible Purchase of Bobcat 590 Skid steer Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None PUBLIC HEARINGS A public hearing to consider whether the Special Use Permit fSUP/04-02) for the operation of an Auto Repair Facility located at 804 Laurel Street West, as well as a Special Use Permit for the operation of a paint booth issued on September 6, 1997 be revoked Community Development Director Turnblad explained that Stillwater Collision has been given notice that the Council will consider revocation of the Special Use Permits issued for their business. The reason for the consideration is numerous complaints about the business violating terms of the two Special Use Permits. He reviewed the permits issued in 1977 for a spray booth and storage building, and in 2004 for auto repair use next to a residential zone district. City Attorney Magnuson informed the Council that the first filling station was built there in the 1940s when Laurel Street was Highway 96. In the middle 1950s, Highway 96 was rerouted, so traffic lessened. A brick building was added to do repairs. The business became what neighbors felt was a nuisance, so in 1999, City staff determined the only way to make it legitimate would be to enact an ordinance permitting auto uses next to residential districts. The City gave the owners six months to apply for a Special Use Permit. The owners failed to apply for a permit, so the City brought a lawsuit claiming the business was existing without a SUP and was a nuisance in the Page 3of10 City Council Meeting September 20, 2016 neighborhood.A mediation settlement was reached requiring the business to apply for a SUP with a number of conditions. The suit was settled in 2002, but the SUP was not issued until 2004. Tony Grove, owner of Stillwater Collision, reported that he took over the business in 2004 and was unaware of the conditions of the 2004 SUP, which were the responsibility of his business partner at the time. Community Development Director Turnblad explained the seven conditions in the 2004 SUP. Mayor Kozlowski opened the public hearing Jeff Anderson, 119 West Chestnut Street, spoke in support of Mr. Grove and his reputation in the community. He expressed confidence that Mr. Grove can bring the business into compliance with the conditions of the SUP. Cheryl Kane, 618 North Owens Street, stated that Mr. Grove is a good person,but since 2004 she has lived with paint fumes coming into her windows every time they are open. She does not want this to continue. Amelia Smith,told the Council that the paint fumes prevent her from playing in her yard, and that during the summer, the fumes drove her and her babysitter inside four to 10 times. She stated the paint fumes give her dad headaches, hurt his stomach and make him cough. Ryan Smith, 815 Maple Street, stated that Stillwater Collision creates a hazardous environment for the neighbors, that passersby have to hold their breath to pass the business and it is unsafe for kids to be exposed to the air in the street. He could actually see the fume cloud covering his house, his neighbor's house, and the street in front. He feels that the paint booth has become a health hazard and nuisance and should not be allowed in a residential neighborhood anymore. Maria Bjorkman, 814 Maple Street West, stated that she would hate to see a small business be forced to close,but her family's health is a major issue. Ruth Rustad, 11960 Partridge Road Court North, told the Council that Stillwater Collision is a trusted business in the community, which has been operating for almost 20 years without problems with the SUP. She would like the Council to work with Mr. Grove to bring the business into compliance rather than revoke the permit. Allan Lavalier,707 West Maple Street,agreed that revoking the permit may not be the best action. He urged the Council to work with the business owner, and to consider the larger issue of air quality in Stillwater. Jane Taves, 916 Laurel Street West, remarked that Stillwater Collision is an asset to the community. She would like the neighbors to find a way to solve the problem rather than just shutting the business down. Ray Davis, 912 Laurel Street West, stated that Mr. Smith and Mr. Grove both are of good character. He does not doubt that there is a paint smell somewhere, but he has not smelled it. He feels that revocation should not take place, but the issue deserves further study. Dennis Doerr, 901 Maple Street and property owner at 822 Laurel Street, stated that he has never smelled paint at his properties, but he does not doubt what Mr. Smith says. He encouraged the Council to seek expertise on the issue. Rob Roffers, 2667 Interlachen Court, stated that Mr. Grove is honest and upstanding in his experience as a customer. He feels some of the issues may be embellished in terms of the amount Page 4 of 10 City Council Meeting September 20, 2016 of fumes and spray. A scientific study would be needed to measure the fumes and toxins that are actually present. OJ Rustad, 11960 Partridge Road Court North, stated that he has multiple allergies and slight asthma and has never noticed a problem while there. Drew Anderson, 119 West Chestnut Street, told the Council that Mr. Grove is a staple in the community. Priscilla Shannon, 815 Maple Street West, stated that she has called the City on multiple occasions when her entire backyard has been filled with paint fumes, making it unsafe for her family to be outside. She has never had a problem with the auto body store, but has a problem with the paint shop. Last Friday she saw the filter door was open and the filter was lying on the ground, and today it is propped up with a stick. Greg Schmidt, attorney for Stillwater Collision and Tony Grove, reminded the Council that no conditions were attached to the 1977 SUP for the paint booth. He stated the business has a letter from the Minnesota Pollution Control Agency describing the business as being legally in compliance with all air quality standards.Nonetheless,Mr. Grove is looking at installing a venting h of the buildingand system that,instead of emitting to the back of the building,will emit to the top more distantly. A fence permit has been issued and the contractor is ready to install the fence. He requested that the Council table the issue for further updates as the conditions are satisfied. Vicky Jensen, 1132 Parkwood Lane,who assists Mr. Grove with the management of the business, stated that since purchasing it in 2004, Mr. Grove has invested over$200,000 into the facility. He was unaware of the SUP because he had a partner who handled the office matters. In September 2015,Ms. Jensen met with City Planner Wittman on site to review the SUP and items that needed to be addressed. The next day, Ms. Jensen stated she had the property re-staked, scheduled fence quotes, and subsequently met with the MPCA and other agencies that found the paint booth is in compliance. They offered suggestions on how to cool off the air compressor and discussed re- venting the paint booth. She will be applying for a building permit for the re-venting project tomorrow. Around November 2015, the City put curb cuts in front of the building and she was prevented from installing a fence due to weather. There were a number of delays but the fence is scheduled to be installed September 22. She provided the signed contract for the new venting system. Levi Jensen, 2525 Cornelia Trail, Woodbury, stated that he is a biochemist and engineer at a medical device company. He explained that in chemistry, the word volatile means easily evaporates. Volatile Organic Compounds (VOCs) are everywhere; any solid or liquid that gives off an aroma is a VOC. He presented information from the Environmental Protection Agency regarding VOCs. He provided information on the type of paint that Mr. Grove uses, which he stated is regulated and in compliance. The filter system is a 98% efficient system involving three separate filters (two are required). He added that even though a cloud of smoke is visible, it does not mean that there are VOCs. Concentration and exposure time are major factors in whether there is a health issue. The EPA has determined there is not enough information on organics to tell whether it will cause cancer or dizziness. Tony Grove, 1132 Parkwood Lane, business owner, pointed out that the previous owners had left a lot of problems and that he is a first time business owner. He stated the ties to the back gate have been cut numerous times and the board has been kicked over with the filter lying on the ground. Page 5 of 10 City Council Meeting September 20, 2016 He is planning to have a blaster installed on top of the building which will vent the paint straight up into the atmosphere rather than out the back. Councilmember Junker asked Mr. Grove to confirm that he did not know anything about the seven conditions of the 2004 SUP. Mr. Grove stated that he did not know about the conditions and he never thought that anybody was complaining because he got so many compliments about cleaning up the site. He added that the previous partnership left him $70,000 in debt in taxes. Councilmember Menikheim questioned how the issue has gone on for 10-12 years. He told Mr. Grove he is responsible and accountable for what has been going on and the issue needs to be resolved. Councilmember Weidner questioned why Mr. Grove had let so much time pass, letting it reach the point of possible revocation,before attempting to remedy the problem. He acknowledged that Mr. Grove does great work but his inaction is irresponsible and not neighborly. Councilmember Polehna commented that he does not want to shut down the business, but he learned from the manager of Pollution Control that the record keeping was lacking, there were no filters inside the buildings and there were violations in the labeling of chemicals. The technology of the spray booth is old technology that should be updated. He also noted complaints about parking cars in the lot across the street. He would like the site to be cleaned up. Mayor Kozlowski closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Weidner, to require that all seven conditions of the May 10, 2004 SUP be brought into compliance by October 3, 2016. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Motion by Councilmember Junker, seconded by Councilmember Polehna,to require that the updating of the ventilation through the roof be completed by October 17, 2016. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: Councilmember Weidner UNFINISHED BUSINESS Possible approval of findings of fact relating to Cecilia Loome and Jonathan Moler of the Old Swedish Church, for consideration of an appeal to the Planning Commission's decision regarding a request for consideration of a Special Use Permit for a Type III Home Occupation, and associated variances, for the structure located at 320 4th Street South in the RB — Two Family Residential District. PID: 28.030.20.13.0116. Case No. 2016-27 Community Development Director Turnblad reminded the Council that at the last meeting, they conceptually denied the appeal by a straw vote. The proposed resolution memorializes the findings. Mayor Kozlowski suggested if the findings of fact are adopted without prejudice,that would allow the applicants to work with staff to devise a new plan that would not require the variance. He would like to allow them the opportunity to find another, substantially different way to use this unique building. City Attorney Magnuson stated that it would have to be a substantially new and different plan. Page 6 of 10 City Council Meeting September 20, 2016 Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2016-179, adopting Findings of Fact, Conclusions and Order related to a Special Use Permit and Variance requests for a Type III Home Occupation Special Use Permit to be located at 320 Fourth Street North, without prejudice. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: Councilmember Weidner Possible approval of 2016 Ice Castles Special Event and Contract City Administrator McCarty explained the agreement. Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2016- 180, approving the 2016 Ice Castles Agreement, with the caveat that final language is subject to review by the City Attorney. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None NEW BUSINESS Possible adoption of resolutions declaring costs to be assessed and ordering preparation of assessment roll and calling for hearing for 2016 Street Improvement Project(Project 2016-02). Public Works Director Sanders stated that the contractor is progressing on the 2016 Street Improvement Project. The estimated total cost of the City's improvements is lower than the feasibility study, which will result in lower assessed cost than proposed. Staff recommends that the Council declare costs, authorize preparation of the assessment rolls, and call for a hearing October 18, 2016. Motion by Councilmember Junker, seconded by Councilmember Weidner,to adopt Resolution 2016- 181, declaring cost to be assessed and ordering preparation of proposed assessment for 2016 Street Improvement Project (Project 2016-02). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution 2016-182, calling for hearing on proposed assessment for 2016 Street Improvement Project (Project 2016-02), L.I. #409. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Request for a demolition permit for 209 Wilkins Street East Community Development Director Turnblad reviewed the request. The applicant is requesting approval of the demolition of the residential structure located at 209 Wilkins Street East. The request comes before the City after City staff initiated a stop-work order on the property. Though a building permit was issued for a single-story bedroom addition and interior remodel, the property owner's construction contractor worked outside the scope of the approved building permit plans. Essentially, he demolished the home instead of building according to the issued permit. Therefore, the request is to approve the demolition permit after-the-fact. The HPC has determined this structure was a Historic Resource with feasible alternatives to demolition. Staff Page 7 of 10 City Council Meeting September 20, 2016 recommends the Council conceptually deny the demolition permit. Staff would bring back a resolution formalizing the denial in late October. This action leaves the property owner with two alternatives: 1) Construct according to the originally approved building permit and plans, which required no setback variance; or 2) Submit a complete Neighborhood Conservation District (NCD)infill application and building plans to the HPC for a new design. Motion by Councilmember Junker, seconded by Councilmember Weidner, to deny the request for a demolition permit for 209 Wilkins Street East. Councilmember Weidner suggested that the City put some teeth in the ordinance by requiring the current structure be torn down. Councilmember Junker pointed out that if the City denies the demolition permit, the property owner would be required to go back to the original approval process, and everything done thus far would be a waste. Councilmember Polehna stated that other homeowners are required to go through the proper process, but here is someone who just tore something down and now they want forgiveness. Mayor Kozlowski agreed that there should be some teeth behind the ordinance. Councilmember Menikheim commented that there should be a penalty of some kind. City Attorney Magnuson noted that if someone were monitoring the construction and noticed they were starting to tear down a building without a demolition permit, then the City would have had to get a temporary restraining order to stop it, but now that demolition has already occurred, it is almost unmanageable from a legal point of view. Councilmember Weidner argued that because the owner is currently building outside their permit, the entire structure could be ordered torn down. City Attorney Magnuson responded that in order for the City to be able to tear it down, there would have to be some legal proceeding. Now that demolition has already occurred, the City should do all it can to ensure that the project follows the HPC-approved design. Councilmember Weidner stated that it appears the City has unenforceable rules and permit processes. Councilmember Menikheim asked if a fine could be assessed to the property owner. Councilmember Polehna remarked that the City would have to prosecute the misdemeanor. City Attorney Magnuson stated that there is a value in the structure as it stands currently. To tear it down would require a legal proceeding which would be expensive and could take nine months to a year. Councilmember Weidner responded that the feasibility is that they overbuilt their permit. Councilmember Polehna recalled that a house on Churchill Street was torn down, unbeknownst to the City. He does not want that to happen again. Mayor Kozlowski stated that he hopes the new house looks better than what was there in the past. He suggested that the Council revisit its ordinances and the HPC's role in such cases. Ayes: Councilmembers Menikheim, Junker, Weidner, Mayor Kozlowski Nays: Councilmember Polehna Page 8 of 10 City Council Meeting September 20, 2016 COUNCIL REQUEST ITEMS Beyond the Yellow Ribbon Update Councilmember Polehna reported that the Pheasant Hunt for the Troops is in three weeks and the Golf Tournament for Disabled Veterans will be at Oak Glen Golf Course September 28. Library Events Councilmember Menikheim reflected that the City denied the request to hold events at the Old Swedish Church, yet the Library has been running events for 10 years. Because of the angst in the neighborhood,it would be worthwhile to look at whether there actually is a SUP or just a directive taken from the minutes. He feels it is a City problem, not a Library problem. City Clerk Ward responded that there is no SUP for the Library to hold events. Rather,the minutes state that it was directed by a previous Council that the facility consider hosting events there as a source of revenue. Councilmember Polehna added that he was on the Council when it was suggested to run events at the Library as a revenue source, similar to what was done at the Washington County Historic Courthouse. City Attorney Magnuson stated that the Library is a permitted use in the zoning district, so the question is whether the events are considered to be normally associated with library activity. The City Council acknowledged the plans and asked the Library to raise revenue, via a motion by Councilman Milbrandt to approve that type of events there. However, there is not any permit and therefore no conditions. Councilmember Menikheim questioned whether the amount of time and neighborhood angst generated by the events is worth the amount of money that is generated. Mayor Kozlowski commented that he would love to have a conversation with the Library to discuss ways to reduce neighborhood angst. Councilmember Menikheim asked if the Council could adopt a resolution now, since there was not a resolution ten years ago, requesting the Library board run events as necessary to supplement their budget. Councilmember Polehna pointed out that the hosting of events has already been approved by the Council at the time of the building renovation. City Clerk Ward stated that she would review the minutes to determine that there was actually such a vote. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adjourn the meeting at 10:28 p.m. All in favor. Te = zlowski, yor 4-&4P ST: • G% i�'l . Diane F. Ward, City Clerk Page 9 of 10 City Council Meeting September 20, 2016 Resolution 2016-174, directing the payment of bills Resolution 2016-175, approving Harvest Fest Special Event and contract Resolution 2016-176, approving cooperative agreement between City of Stillwater and Washington County for the design and construction costs of traffic signal and pedestrian improvements in the City of Stillwater Resolution 2016-177, adopting assessment for water service for various resident projects (L.I. 412) Resolution 2016-178, accepting cash donations Resolution 2016-179, adopting Findings of Fact, Conclusions and Order related to a Special Use Permit and Variance requests for a Type III Home Occupation Special Use Permit to be located at 320 Fourth Street North Resolution 2016-180, approving the 2016 Ice Castles Agreement Resolution 2016-181, declaring cost to be assessed and ordering preparation of proposed assessment for 2016 Street Improvement Project (Project 2016-02) Resolution 2016-182, calling for hearing on proposed assessment for 2016 Street Improvement Project (Project 2016-02), L.I. #409 Page 10of10