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HomeMy WebLinkAbout2017-01-03 CC MIN 1 water TIF IINTNPLACE OF NI CITY COUNCIL MEETING MINUTES January 3, 2017 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:37 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 Community Development Director Turnblad Public Works Director Sanders City Clerk Ward OTHER BUSINESS Discussion on Aiple Property concept Community Development Director Turnblad explained that since late 2012 the City has been working with Washington County to purchase the former Aiple property on the St. Croix River. A Concept Park Plan for the property is being developed. After the Concept Plan has been adopted by the City Council and accepted by the County, a conservation easement will be needed before the City can purchase the property from the County. There is a Voluntary Investigation and Cleanup Site (VIC) on the property,because it was historically used for industrial waste. Hoisington Koegler Group has been hired by the City to work on the concept plan. Bryan Harjes, Hoisington Koegler Group, reviewed existing conditions on the site. Miller Dunwiddie evaluated the home and found that overall it is in pretty good shape, but dated. There is a foundation crack on the west wall, an active insect infestation in the pool area, standing water and mold in the pool area,the roof may need replacement,and mechanical systems are at their lifespan and undersized. ADA accessibility issues include the need for upgraded toilets and fixtures, railings, fire alarms, handrails, sprinklers, and new mechanical and electrical upgrades. To bring it up to code for a useable public assembly building would cost about $1.1 million. There is question about how to get enough parking spaces for an event use and increasing the impervious surface. The site could be suitable for a small open-air pavilion or event space. Councilmember Weidner asked how many different potential uses were identified for the house; and Community Development Director Turnblad replied that the study looked at two different occupancy loads - 125 versus around 35 people and that the uses would all be tied to available parking. Using the building for large numbers of people would not work well because they would not all be able to park on site. Councilmember Weidner then inquired about using the house for a non-public use such as a police station; and Mr. Turnblad responded that would be a possibility, but the groups that staff has been meeting with preferred a public, passive use, such as picnics, educational programs, boat or kayak City Council Meeting January 3, 2017 drop-ins, or bird watching and felt the two level garage could be a good location for kayak and canoe rental and storage. Councilmember Menikheim asked if it is possible to use the house in some way that would benefit the City and the community. He does not want to demolish the house if there is an entrepreneurial use for it. Mr. Harjes stated it was deemed that the building would be torn down as a condition of the grant application. He explained the potential expansion of the depot parking lot on a portion of MnDOT right-of-way, which could net 20-24 spaces and would require some grading and retaining wall work. Community Development Director Turnblad added that when the theater company received a Special Use Permit, one condition was that they would improve parking so it could be accommodated on site. The City would hope to extend its parking for the park onto that property. If the SUP for the theater is not implemented for some reason, the City can still configure parking in that area. Mr. Harjes went on to explain site conditions in the central portion of the property. Another pedestrian pathway, a drop-off with ADA spaces, and ADA-accessible beach could be created. The garage could be used for storage or a kiosk for self-service rental. On the north end,the concept plan includes native plantings and a natural surface loop trail, highlighting the grotto pool area. Councilmember Weidner asked,what the purpose of the park is;and Mr.Turnblad replied the purpose, is as defined by major funding sources, is to provide conservation features that help protect the river, and recreational uses that do not conflict with the conservation purposes. There are characteristics of this property that lend it to passive uses. Councilmember Weidner remarked the site is a natural stopping point for people entering the north part of the City, making the river available to people for non-motorized watercraft and fishing docks. He disagrees with the assumption that the building will have to be torn down because of funding. Community Development Director Turnblad reiterated that it is clear in the grant agreement the building has to come down. While the state senator and others have put forth efforts to determine whether that language could be struck, at this point the LCCMR grant and the proposal upon which the grant was awarded, stated clearly that the residence would have to go away. Councilmember Weidner expressed that it is his understanding from the state senator that demolition of the house is not required. Councilmember Menikheim stated he is comfortable with the concept plan but would also like to consider the entire 1.8 miles of City waterfront between Aiple and Bridgeview Park as part of the bigger picture. He feels that making it a passive park for the next five years will provide a chance to see how people use it. Councilmember Polehna recalled being told at a workshop that the language was taken out and the City does not have to get rid of the building. Mr. Turnblad replied then there is miscommunication. The concept plan shows the house gone because the grant document shows it gone. Mayor Kozlowski suggested that the Council direct staff to find out what the state's interpretation says about the house. He does not want to demolish the house, or not look at a use for it, if the assumption that it be torn down is not correct. Councilmember Junker commented that in some of the earlier meetings, Miller Dunwiddie had not done a demolition bid. Mr. Harjes answered that the rough estimate of demolition costs was about $300,000-350,000. Page 2 of 9 City Council Meeting January 3, 2017 Councilmember Polehna stated he thinks the overall concept plan is good, but he would like to see more people have access to the park, and to make access easier for handicapped and for parking. He feels that everybody should be able to use the park. Discussion on Special Event Policy recommendations City Administrator McCarty reported that staff has collected background data on event activity within Stillwater; researched event policies from similar Minnesota cities; discussed potential policy updates at Council work sessions; and convened staff work sessions to develop, discuss and analyze potential Event Policy updates and changes. He summarized elements of the policies that have been reviewed, including Application Submittal Timelines, Event Thresholds, Fee Structure, and Designated Routes for Events. He presented a draft version of the applicable sections of the City Event Policies showing suggested language updates. Staff will present the proposed Event Policies updates to the Parks Commission and any other appropriate City boards or commissions for their recommendations prior to submitting final recommended updates for Council action.Updates to the Event Policies will require adoption of a resolution by the Council. Mayor Kozlowski expressed that he feels the proposed timelines for application seem appropriate. Councilmember Polehna stated he would eliminate references to specific park names in regard to the fees. Mr. McCarty noted that the current park use fee, $500 per event for Lowell Park for contract events, would go to $1,500 per day. Currently, special events with contracts pay a very small park usage fee, but they pay the City for other things, for instance rental of picnic tables,barricades,restrooms,public safety costs and so on. A higher event park usage fee would cover all staff costs. Another possibility would be to have an event park usage fee and then a set standard fee for any public works, police or fire services. He stated that other communities are all over the board on this. Councilmember Polehna stated he would like to see the proposal reviewed by the Parks Commission. Mayor Kozlowski pointed out there are some events that are almost entirely done for the good of the community, such as Summer Tuesdays and Harvest Fest. He would not want to see their event park usage costs increased that much, but he does want to cover City costs. City Administrator McCarty noted there are negotiated fee structures built into the City's contracts with Ice Castles and Lumberjack Days. The City probably would not want to waive fees for all nonprofits as most of the organizers are defined as non-profit except for the possibly of two. There are about 35 events between May and October that use City parks. As the loop trail is completed, there will probably be more events and greater potential for conflicts among events wanting to use City parks. Councilmember Junker indicated that he also thinks the Parks Commission should provide input. He likes the fact that some of the fees are going up and felt that the current fees were too low. It will be important to achieve balance. He would not want Stillwater to be known as the event capital of the Midwest with an event every night and every weekend. Councilmember Polehna suggested adding a commercial use fee, for instance for filming a movie in Lowell Park. Mr. McCarty agreed to present the Council's thoughts to the Parks Commission. He informed the Council that the City should notify organizers of the past year's events that the Council is considering changes in the events policies. Page 3 of 9 City Council Meeting January 3, 2017 Councilmember Weidner reminded the Council that the bridge is in Oak Park Heights. He stated that the City should have conversations with Oak Park Heights,MnDOT and WisDOT for events involving the bridge and St. Croix County, since Stillwater will likely be the point of origin for some of these route events. STAFF REPORTS Police Chief Gannaway reported that Toys for Tots was very successful.He thanked everyone for their contributions. Fire Chief Glaser noted a relatively quiet year-end. Community Development Director Turnblad indicted that the new zoning administrator, Erik Olson- Williams, started work today. City Administrator McCarty informed the Council that the League of Minnesota Cities has invited Councilmembers to a legislative session on March 23 to review active legislation and visit legislators. RECESS Mayor Kozlowski recessed the meeting at 6:11 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:06 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL City Clerk Ward administered the oath of office to newly elected Councilmembers Junker and Weidner. APPROVAL OF MINUTES Possible approval of minutes of the December 20, 2016 regular meeting Motion by Councilmember Menikheim, seconded by Councilmember Junker, to approve the December 20, 2016 regular meeting minutes. All in favor. Page 4 of 9 City Council Meeting January 3, 2017 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificate of Appreciation and Presentation of Retirement Plaque - Tom Linhoff Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2017-007, Certificate of Appreciation/Proclamation for Tom Linhoff who is retiring. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Mayor Kozlowski read Resolution 2017-007, recognizing Tom Linhoff, retiring from his position as part-time, on-call Assistant Fire Chief after 42 years of service to the City. Fire Chief Glaser presented a Certificate of Appreciation, Retirement Plaque, and firefighter statue to Mr. Linhoff. He commended Mr. Linhoff's dedication to the City, and recognized his wife, Sarah Linhoff. Mr. Linhoff thanked the Mayor, Council and Chief Glaser. He recalled the early days of his service on the Department and noted that firefighter training was intensified as a result of the tragic Brines Meat Market fire in 1982. He encouraged citizens and firefighters to be safe. OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2017-001, directing the payment of bills Resolution 2017-002, designation of depositories for 2017 Resolution 2017-003, designating a responsible authority and assigning duties in accordance with the State of Minnesota Data Practices Statute Resolution 2017-004, designating the Stillwater Gazette and St. Paul Pioneer Press as the City's legal publications and approving contracts with the Stillwater Gazette and St. Paul Pioneer Press for 2017 Resolution 2017-005, appointments to Library Board of Trustees Possible approval of 5600 Toolcat with attachments for removing snow from the dome and outdoor rink area- Capital Outlay—Rec Center 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 Case No 2016-043 A public hearing to consider a request by Trinity Lutheran Church, property owner, and Brown Creek West, LLC, applicant for the consideration of a Zoning Map Amendment to include the 3 adjoining parcels to the Height Overlay District, zoning them as `bluff side' for the property located at 107 3rd Street North in the CBD Community Development Director Turnblad stated that staff is requesting the Council postpone consideration of Case No. 2016-43 to February 7, 2017, in order to give the Planning Commission sufficient time to review and make recommendation on the request. Mayor Kozlowski opened the public hearing. Page 5 of 9 City Council Meeting January 3, 2017 Motion by Councilmember Junker, seconded by Councilmember Weidner, to continue the public hearing for Case No. 2016-043. All in favor. Case No. 2016-046 A public hearing to consider a zoning_code amendment that would require a public site plan review for any new construction or remodeling or change of use occurring in Downtown Stillwater that involves more than 12,000 gross square feet of floor space Community Development Director Turnblad explained that staff is requesting the Council postpone consideration of Case No. 2016-046 to February 7, 2017, in order to give the Planning Commission sufficient time to review and make recommendation on the request. Mayor Kozlowski opened the public hearing. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to continue the public hearing for Case No. 2016-046. All in favor. UNFINISHED BUSINESS Possible approval of an agreement with the DNR related to Brown's Creek Park and Trail items Public Works Director Sanders stated that staff has reached an agreement with the DNR regarding maintenance on the trail for the 2016/2017 winter season.The City would plow the trail from Marylane Avenue North to the trailhead at Laurel Street. This agreement would be in effect until April 1, 2017. Afterwards the DNR would review the maintenance efforts of the City with the possibility of a five year agreement beginning in the fall of 2017. Staff recommends that Council approve the agreement. Motion by Councilmember Weidner, seconded by Councilmember Junker,to adopt Resolution 2017-006, approving the Brown's Creek State Trail Cooperative Agreement between the State of Minnesota and the City of Stillwater. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Continuation of discussion on elements of the Short Term Home Rental ordinance Community Development Director Turnblad reviewed an outline of the major elements from past Council discussion so a draft may be further developed. Councilmember Junker asked if the draft ordinance addresses penalties for violations; and Mr. Turnblad answered that permits for each of the different rental types would have different penalties for violation, based on a"three strike" system. Mayor Kozlowski inquired if there would be incentive for existing bed and breakfasts to change their permit type to owner-occupied short term rentals because there are a lot of B&B regulations; and Mr. Turnblad replied there is no reason they could not change, as long as they meet the performance standards. In the minds of many clients or customers, there is a difference between renting out an entire home versus the hosted situation of a B&B. Providing breakfast triggers the County's health department's involvement. Councilmember Weidner asked about the history of requiring a distance of 900 feet between B&Bs; and City Attorney Magnuson responded that at the time, B&B was a new concept. The rationale for allowing them was preservation of historic houses, so there could conceivably be some neighborhoods where there may be 4-5 of them right next to each other. The close proximity of B&Bs would cause a burden on parking in the neighborhood. Perhaps now everyone with these old houses does not want to convert to a B&B so there may be less need for the distance requirement. Page 6 of 9 City Council Meeting January 3, 2017 Councilmember Weidner voiced concern about property in residential neighborhoods becoming a commercial property. He feels the health, welfare and safety issues are paramount, such as sprinklers. He also is concerned about having 10-12 people in a place that is not intended for that many. He brought up the idea of limiting the number of nights people can rent out their home for short term rental purposes, perhaps to 14 days a year, to prevent making mini hotels all over the city. He wants to be fair to the B&B owners who have abided by the rules for so long. Mayor Kozlowski pointed out that limiting the number of days could eliminate the proximity threshold.His main concern is the impact on the neighborhood. He would increase it to something like 30 nights per year. Councilmember Polehna stated that the way it is written it sounds like the tax is negotiable. He would like the payment of the 3% lodging tax to be non-negotiable. Councilmember Junker remarked the City needs to put something in place for violations by those who continue to operate but do not want to go through the permit process. City Attorney Magnuson responded the ordinary petty misdemeanor/gross misdemeanor progression could be used, or a temporary restraining order or injunction. Councilmember Junker reminded the Council that homeowners of a non-hosted B&B may have invested a lot of money in renovation of a property, an investment they may not recoup if they can only rent their house out for 30 nights a year. Councilmember Weidner questioned whether the City wants to have a lot of non-homesteaded properties managed by companies. He prefers not to use Special Use Permits for short term rentals because he does not want them to run with the land. Community Development Director Turnblad noted that cities that put a fairly restrictive number of days on certain types of vacation rentals do so to discourage it. He is hearing from Councilmember Weidner that the City should put a cap on the non-homesteaded, investment type, which essentially keeps them out of town. Mayor Kozlowski and Councilmembers Polehna, Junker and Weidner agreed they prefer the concept of licensing rather than SUP. Mr. Turnblad recapped that he is hearing that for hosted and B&Bs the City would not limit the number of nights, but for homesteaded and non-homesteaded, the City would put a limit on number of nights. The City would not worry about geographic location and would go with the County assessor's office classification regarding homesteaded or non-homesteaded. Councilmember Menikheim questioned whether the City is trying to encourage or discourage vacation rentals, as it seems to be a nationwide and worldwide trend. Mayor Kozlowski asked if there should be a permit or application fee; and Mr. Turnblad replied there would be a nominal fee. Councilmember Weidner asked if there is liability associated with licensing a use; and City Attorney Magnuson responded that the Supreme Court has stated that a City has a duty to protect the public but not individuals, so the licensing would not be considered an insurance policy against injury. Mr. Turnblad suggested developing a safety checklist,together with Washington County and City fire and building inspection staff,with requirements to be checked off before a license could be issued. He added that there will be public hearings by both the Council and Planning Commission. Page 7 of 9 City Council Meeting January 3, 2017 NEW BUSINESS Possible approval of meeting date changes for 2017 City Clerk Ward explained the Council meetings that will need to be rescheduled in 2017. It was determined that the Council will provide available dates to the City Clerk for the May workshop. Motion by Councilmember Polehna,seconded by Councilmember Menikheim,to adopt Resolution 2017- 008, adoption of 2017 City Council and Boards/Commissions meeting calendar. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: Councilmember Weidner Designation of Vice Mayor Councilmember Menikheim nominated Councilmember Polehna to be Vice Mayor. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution 2017-009, Designation of Vice Mayor. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None 2017 Council Representative Appointments to Boards and Commissions City Clerk Ward explained the proposed Council appointments. Councilmember Weidner mentioned earlier discussion about making the Council Representative a voting member of the Planning Commission and reducing the number of Planning Commissioners to seven. City Clerk Ward stated that in April 2016, the Council discussed this and no formal vote was taken, but agreed to reduce the size of the Planning Commission by attrition. In May, three of the current nine Planning Commissioners will be up for reappointment. Councilmember Junker pointed out that currently, none of the Council representatives vote on any of the commissions whereas in years past, they did. City Attorney Magnuson explained that the reason the votes were taken away is that the City Council acts as an appeal board for the decisions of the commissions, so if the Councilmember votes, then on an appeal, their position could be considered compromised because they have their mind made up already. The Council person sitting on that appeal would have a right to change their mind, but it complicates the process. The appearance of a conflict may taint the process in the eyes of the public. City Clerk Ward requested staff direction regarding the reduction of the Planning Commission, term limits and the voting status of Council representatives on Boards/Commissions. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2017- 010, Designation of Council Representative appointments to Boards/Commissions for 2017 and directed staff to present options relating to reduction of the Planning Commission,term limits and the voting status of Council representatives on Boards/Commissions. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. Page 8 of 9 City Council Meeting January 3, 2017 COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn the meeting at 8:28 p.m. All in favor. Michael Polehna, ice Mayor ATTEST: L J4'`Thomas McCarty, A.ung City Clerk Resolution 2017-001, directing the payment of bills Resolution 2017-002, designation of depositories for 2017 Resolution 2017-003, designating a responsible authority and assigning duties in accordance with the State of Minnesota Data Practices Statute Resolution 2017-004, designating the Stillwater Gazette and St. Paul Pioneer Press as the City's legal publications and approving contracts with the Stillwater Gazette and St. Paul Pioneer Press for 2017 Resolution 2017-005, appointments to Library Board of Trustees Resolution 2017-006, approving the Brown's Creek State Trail Cooperative Agreement between the State of Minnesota and the City of Stillwater Resolution 2017-007, Proclamation for Tom Linhoff retirement Resolution 2017-008, adoption of 2017 City Council and Boards/Commissions meeting calendar Resolution 2017-009, Designation of Vice Mayor Resolution 2017-010, Designation of Council Representative appointments to Boards/Commissions for 2017 Page 9 of 9