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HomeMy WebLinkAbout2017-03-21 CC MIN illwater THE SINTNNLACE OF MINNESOTA CITY COUNCIL MEETING MINUTES March 21, 2017 REGULAR MEETING 7:00 P.M. Vice Mayor Polehna called the meeting to order at 7:06 p.m. Present: Vice Mayor Polehna, Councilmembers Menikheim, Junker, and Weidner Absent: Mayor Kozlowski Staff present: City Administrator McCarty City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Community Development Director Turnblad Finance Director Harrison Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Vice Mayor Polehna led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of March 7, 2017 regular, closed session and recessed meeting Motion by Councilmember Menikheim, seconded by Councilmember Junker, to approve the March 7, 2017 regular, closed session and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Beyond the Yellow Ribbon update - Proclamation Jean DeCurtins, Last Man Standing Vice Mayor Polehna presented "Last Man Standing" Jean DeCurtins with a proclamation recognizing his service with the 135th Infantry Regiment in World War II. Sculpture Tour Update - Presentation by Julie Pangallo and approval of River City Sculpture Tour for 2017 Julie Pangallo updated the Council on the River City Sculpture Tour 2017. She stated that the 2016 tour was very well received and that new sculptures should be placed by the end of May. Councilmembers Junker and Polehna remarked that everyone enjoyed having the sculptures downtown. OPEN FORUM There were no public comments. City Council Meeting March 21, 2017 STAFF REPORTS City Administrator McCarty reminded the Council of the League of Minnesota Cities Legislative Exchange at the Capitol on March 23. CONSENT AGENDA Resolution 2017-055, Directing the Payment of Bills Resolution 2017-056, approving Exhibit A as it relates to Resolution 2013-057, resolution establishing procedures relating to compliance with reimbursement bond regulations under the Internal Revenue Code Resolution 2017-057, approval of non-exclusive wharfage permit between the City of Stillwater and John Henley, St. Croix Sailing Club Resolution 2017-058, approving license to use real property- North Hill Community Garden Resolution 2017-059, approval of continuing medical education agreement between Regions Hospital, through Regions Hospital Emergency Medical Services and Stillwater Fire Department Resolution 2017-060, approval of renewal of the Consumption & Display Permit (Liquor) for The Loft Studio J LLC; DBA: The Loft at Studio J Resolution 2017-061, approval of Development Agreement Addendum for Rutherford Station 2nd Addition Resolution 2017-062, a Resolution directing a change in Tax District Code Resolution 2017-063, Resolution supporting application for Minnesota Department of Natural Resources Grant for the Local Trail Connections Program Possible approval of temporary liquor license - September 8 & 10, 2017 - German Fest & Wild Rice Festival - St. Mary's Church Councilmember Junker requested that Resolution 2017-057, approval of non-exclusive wharfage permit between the City of Stillwater and John Henley, St. Croix Sailing Club,be pulled from the Consent Agenda. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt the Consent Agenda as amended. Ayes: Councilmembers Menikheim, Junker, Weidner, Vice Mayor Polehna Nays: None Councilmember Junker asked for clarification on the wharfage permit for St. Croix Sailing Club; and City Clerk Ward explained that the permit allows about 10-12 sailboats to moor on the levy in order to shop and eat downtown one Saturday in June and one Saturday in July. Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve Resolution 2017-057, approval of non-exclusive wharfage permit between the City of Stillwater and John Henley, St. Croix Sailing Club. Ayes: Councilmembers Menikheim, Junker, Weidner, Vice Mayor Polehna Nays: None Page 2 of 8 City Council Meeting March 21, 2017 PUBLIC HEARINGS HPC Case No. 2017-2, appeal request by Jeffrey B. Larson, JBL Companies, property owner, and Chris Goetzke, applicant, to reconsider a Design Permit denied by the HPC for the property located at 324 Main Street South in the CBD. Community Development Director Turnblad stated that the applicant is requesting an after the fact Design Permit to allow the signage on the current patio gate at 324 Main Street South to remain in place. The painted aluminum sign reads "The Tilted Tiki" and measures approximately 10' by 2'. It includes a decorative feature depicting a man and a palm tree. The previous two signs on the patio gate read"Lion's Main"and"Reve" and matched the current neighboring gated sign, which reads "Grand Garage." The "Tilted Tiki" sign sits outside the gated sign brackets and covers the center decorative scroll;its type style does not match the gold letters of the neighboring sign. The HPC found that this sign is not consistent with the Downtown Design Review Manual or the adopted Multi-Tenant sign plan for color, lettering or installation and was installed prior to HPC and City approval. Staff recommends that the Council consider the appeal and make a conceptual determination with a straw vote. Staff will then prepare the appropriate document to memorialize the decision for an April 4, 2017 Council vote. Councilmember Polehna asked if this type of sign request would normally go to the HPC first. Mr.Turnblad replied yes it would,but sometimes business owners are unaware of the rules,which is what happened in this case. The role of the HPC is to approve or deny design permits after reviewing applications against design standards for downtown, with the intent of keeping signage consistent with the Victorian period. Vice Mayor Polehna opened the public hearing. Dan Frahs, representing Tilted Tiki, indicated that the business owner, Chris Goetzke, could not attend due to a last minute emergency. He read email that was sent to the City about the sign. He added that they did not want to add holes to the building by putting signage directly on the building. Asking the business not to use the current sign and to use the Grand Garage color style and font instead would be akin to asking them to give up their brand identity. He pointed out other signs on Main Street that have bright colors and brand logos. He stated he has a copy of the Grand Garage multi-tenant sign plan and there is nothing in it saying that their sign has to match the other gate sign. Community Development Director Turnblad stated there are some signs that predate the design manual, including some on the Grand Garage. Over time as businesses phase out, more signs become compliant. Councilmember Junker acknowledged that the downtown design manual was created to protect the heritage in downtown Stillwater and avoid the craziness of what could be a Las Vegas atmosphere. He stated the HPC was a surprised when the business installed the sign without approval; the vote by HPC to deny was unanimous. Councilmember Weidner stated that it is unfortunate for the business owner that they erected the sign without approval, but the HPC is charged with maintaining a certain consistent look downtown. Motion by Councilmember Weidner, seconded by Councilmember Junker, to conceptually uphold denial of the HPC and direct staff to prepare findings for the next meeting. Page 3 of 8 City Council Meeting March 21, 2017 Ayes: Councilmembers Menikheim, Junker, Weidner, Vice Mayor Polehna Nays: None A public hearing to consider the 2017 Street Improvement Project Public Works Director Sanders presented the feasibility report and preliminary assessment roll for the 2017 street improvement project. He pointed out, in response to comments about cracking, that asphalt is a flexible pavement and some cracking is normal a year or two after mill and overlay. All streets were evaluated in 2013 and rated from excellent to poor/worst. This project covers about two-thirds of the streets rated poor or worst in 2013. If the City improves three to four miles a year,they should catch up in five to seven years. Mr. Sanders explained that the 2017 project includes 4.3 miles of streets: 2.7 miles of mill and overlay, and 1.6 miles of reconstruction. The estimated cost for the pavement reconstruction portion of the project is $1.4 million. The estimated cost for the mill and overlay portion of the project is $804,000. Total project costs are $2.2 million. The project will be financed through City funds ($564,000) and assessments ($1.6 million). Mr. Sanders went on to explain the proposed assessments. Improvements would be constructed June to October 2017 and the assessment hearing will be in October. Vice Mayor Polehna opened the public hearing. He acknowledged a letter received from Kenneth Dolney, 1524 Driving Park Road, expressing concern about the quality of the work done on W. Benson and Orleans Streets. Darinka Zizich,518 Dubuque Street asked how the assessments will affect three new houses being constructed on Third Avenue, and what is the effect of all the construction trucks; and Public Works Director Sanders responded that all three properties under construction will be assessed for this project. As far as trucks, staff will have to watch for any impacts on the roadway. Linda Moses, 1009 5th Avenue South, asked if there is any remedy for homeowners if poor materials are used such as she has heard about in Woodbury and other areas; and Mr. Sanders explained that a change in MnDOT's design of asphalt and sealcoating caused some surface distress and chipping. It is not aesthetically pleasing,but is not impacting the structure of the road. He does not think it had any impact on the streets selected for this year - they are 25 years old. Monica Jones, 410 Hemlock, asked about water service and why only two people on Hemlock need it; and Public Works Director Sanders replied that he cannot explain why there are only five or six galvanized services on Hemlock, or why Ms. Jones's house, built in the 1950s, has a galvanized service. Galvanized services are viewed as a potential risk because if they crack or leak, the new road would have to be dug up. Orwin Carter, 1029 Third Avenue South, asked about white marks on the curb; and Mr. Sanders answered that they mark the curbs being replaced. The curbs will be replaced in the same location, not moved. Mike Haraldson, 411 Moore Street West, asked if Stillwater Country Club will be assessed; and Mr. Sanders responded that the assessment is based on lineal footage for whole length of the street. Staff felt Stillwater Country Club will not benefit from improving Moore Street, so the Club is not going to be assessed for Moore. Pam Anondson, 1305 Fourth Avenue South, asked how the City fell behind in road maintenance. She also asked that lines be painted showing parking on one side of the street, and that as many rain gardens as possible be put in; and Public Works Director Sanders responded that until about 2012, the City was on an aggressive plan and had money in street improvement funds. Projects done in 2013, 2014, 2015 were on State Aid roads. Page 4 of 8 City Council Meeting March 21, 2017 John Nelsen, 824 West Oak, stated his water service is galvanized and his sewer is probably clay tile. He asked if sewer will be worked on at the same time. He also expressed a concern about semis, fire trucks, heavy equipment using the road; and Mr. Sanders replied that clay tile is not used today,but there is plenty of clay tile in the City that is as good as the day it was put in. Seven ton design is standard road design for local streets. Information is taken from borings to see the condition of the road below the pavement in the gravel and a thicker base is used if the soils are not good. Sharon Brown, 418 Hemlock, stated she also has clay tile sewer. A few years ago when she was having problems with tree roots, the Water Department told her she was slated in a few years to have that service replaced. Mr. Sanders replied he does not have information on the conditions of sanitary sewer services. He could take a look, but it would be at an added cost to the homeowner of 100% if she wanted to replace the sanitary sewer services. He does not think the Water Board handles sanitary sewer. Bruce Junker, 1451 Benson Boulevard East, asked about the prudence of just doing mill and overlay. He wants to make sure the money spent will allow the street to last another 20 years. Councilmember Weidner asked about the useful life of a road; and Public Works Director Sanders replied ideally, the City would get 20-25 years out of a road before doing improvements and that in the past if the street did not last that life, a credit was given to the property owner when the street was done. Vice Mayor Polehna closed the public hearing. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2017-064, ordering improvement and preparation of plans & specifications for the 2017 Street Improvement Project (Project 2017-02). Ayes: Councilmembers Menikheim, Junker, Weidner, Vice Mayor Polehna Nays: None A public hearing for the first reading of an ordinance entitled - Short Term Rental Ordinance Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to table the Short Term Rental Ordinance. Ayes: Councilmembers Menikheim, Junker, Weidner, Vice Mayor Polehna Nays: None UNFINISHED BUSINESS Possible approval of second reading of Ordinance 1092 amending Chapter 56 of the Stillwater City Code, Taxes and Assessments, Section 56-5, Local Lodging Tax. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Ordinance 1092, an Ordinance amending Chapter 56 of the Stillwater City Code, Taxes and Assessments, Section 56-5, Local Lodging Tax. Ayes: Councilmembers Menikheim, Junker, Vice Mayor Polehna Nays: Councilmember Weidner Page 5 of 8 City Council Meeting March 21, 2017 Possible approval of Simple Recycling City Clerk Ward reported that on March 7, the Council received a presentation regarding a textile recycling service. She presented comments from other cities on the program. Staff recommends that the City offer this new program and approve the agreement contingent upon the review and approval of the agreement by the City Attorney, and that the agreement would run concurrently with the Stillwater Waste & Recycling contract with Waste Management through June 30, 2021, instead of the 5 years indicated in the agreement. Staff also recommends the removal of the"auto renew" clause in the agreement. Councilmember Junker asked if the City could terminate the program before 2021; and City Administrator McCarty responded that the contract may be terminated with a six-month, 180-day notice by either party for any reason. Clerk Ward mentioned that the City will still encourage residents to donate to their charities of choice for gently used items. Motion by Councilmember Weidner, seconded by Councilmember Junker,to adopt Resolution 2017- 065, approving agreement for collection of soft recyclables with Great Lakes Recycling, Inc. DBA: Simple Recycling, with the staff recommendations. Ayes: Councilmembers Menikheim, Junker, Weidner, Vice Mayor Polehna Nays: None NEW BUSINESS Request to waive fees for Vets Memorial Day Event City Clerk Ward explained that the Veterans Memorial Committee has submitted a fee waiver request for Memorial Day and Veteran's Day Ceremonies. In the past, they were considered "events" however because of the growing size of the event they have been placed in the "special event"category. This category requires that the organizer of the event pay for police services and temporary restrooms. David Ratte, Veterans Memorial Representative, clarified the committee's request to waive the fees for the application and police services for their 2017 event on Memorial Day and for any Memorial Day and Veteran's Day ceremonies in the future. They will contract with a local vendor for the temporary restrooms. Police Chief Gannaway pointed out that the Memorial Day and Veterans Day events require very minimal police assistance for traffic control. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to approve the request to waive fees for the Memorial Day Veterans Memorial Day Events and future events however the City would retain the option to bring back to Council should the event keep increasing in size. All in favor. Possible approval of a Conservation Easement for the former Aiple property Community Development Director Turnblad indicated that prior to closing on the land and the City taking possession, the City must enter into a Conservation Easement with the County. He explained the features of the proposed easement. Staff requests the Council approve the Conservation Easement by adopting the resolution. Councilmember Junker asked about the restrictions on impervious surface; and Mr. Turnblad replied that the main idea is to not increase runoff directly into the river. Page 6 of 8 City Council Meeting March 21, 2017 Councilmember Weidner asked if there is a review process for repurposing of the building; and Mr. Turnblad replied that as long as the conditions of the grant and the concept plan are met, the City can repurpose it as desired without obtaining prior approval. The County and State will be monitoring the use, but that is to be expected. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution 2017-066, a resolution adopting a Conservation Easement over the former Aiple Property. Ayes: Councilmembers Menikheim, Junker, Weidner, Vice Mayor Polehna Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the meeting at 8:39 p.m. All in favor. Qite Micha 1 Polehna, Vice Mayor ATTEST: /&"(-4.- ze Diane F. Ward, City Clerk ',•` Resolution 2017-055, Directing the Payment of Bills Resolution 2017-056, approving Exhibit A as it relates to Resolution 2013-057, resolution establishing procedures relating to compliance with reimbursement bond regulations under the Internal Revenue Code Resolution 2017-057, approval of non-exclusive wharfage permit between the City of Stillwater and John Henley, St. Croix Sailing Club Resolution 2017-058, approving license to use real property- North Hill Community Garden Resolution 2017-059, approval of continuing medical education agreement between Regions Hospital, through Regions Hospital Emergency Medical Services and Stillwater Fire Department Resolution 2017-060, approval of renewal of the Consumption & Display Permit(Liquor) for The Loft Studio J LLC; DBA: The Loft at Studio J Resolution 2017-061, approval of Development Agreement Addendum for Rutherford Station 2nd Addition Resolution 2017-062, a Resolution directing a change in Tax District Code Resolution 2017-063, Resolution supporting application for Minnesota Department of Natural Resources Grant for the Local Trail Connections Program Page 7 of 8 City Council Meeting March 21, 2017 Resolution 2017-064, ordering improvement and preparation of plans & specifications for the 2017 Street Improvement Project (Project 2017-02) Resolution 2017-065, approving agreement for collection of soft recyclables with Great Lakes Recycling, Inc. DBA: Simple Recycling Resolution 2017-066, a resolution adopting a Conservation Easement over the former Aiple Property Ordinance 1092, an Ordinance amending Chapter 56 of the Stillwater City Code, Taxes and Assessments, Section 56-5, Local Lodging Tax Page 8 of 8