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HomeMy WebLinkAbout2017-12-05 CC MIN illWater TOE 1IRTNALACE OA MINNESOTA CITY COUNCIL MEETING December 5, 2017 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:40 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Finance Director Harrison Public Works Director Sanders City Clerk Ward OTHER BUSINESS Discussion on Special Event Policy City Administrator McCarty led discussion of the proposed revised Special Event Policy. He provided background and summarized the substantial revisions, including: definitions; more details on street use, i.e. closure, traffic control and law enforcement involvement; alcohol permitting information; a cancellation policy; changes i.e. flooding; clean-up and crowd management; and insurance. Councilmember Junker asked who reviews the music. Mr. McCarty said contracts require that the event organizers inform the Police Chief of the musical lineup. Mayor Kozlowski questioned whether Public Safety needs to review every lineup for every event. He suggested developing criteria to determine whether the music needs to be reviewed for appropriateness. City Administrator McCarty said staff could draft a list of public safety- driven criteria that would necessitate review, for example if another venue had issues with the performers. Councilmember Weidner expressed concern that the policy encompasses private events on private property. Community Development Director Turnblad replied that the policy addresses private events only in the procedure portion. The reason is that in the Central Business District (CBD), any outdoor activities require a special event permit. It was not intended to regulate City Council Meeting December 5, 2017 events on residential properties, but to address events that affect surrounding properties, especially in the downtown district. The procedure for holding events in residential areas is not as onerous as for downtown. City Clerk Ward added that the key words are "open to the public," for example; St. Croix Catholic must get a temporary liquor license if they hold an event that is open to the public. Councilmember Junker commented that he would like the purpose statement in the policy to include the word balance. He would not want to limit the number of events, but recognized that the frequency of events weighs heavily on the downtown and affects quality of life for downtown residents and business owners. Councilmember Polehna stated he has been hearing for years that there are too many major events downtown, but looking at the list of 2017 events, it does not appear to have changed. Councilmember Junker countered that the list of events is only half the story because it does not include the number of actual days, for instance the car show is held eight times. Councilmember Menikheim said he would like to have more hard data about the impacts of events on businesses, in order to discuss the issue with the Independent Business Association (IBA). He does not want to make decisions based on emotions. Mayor Kozlowski offered to heat-map the event list to show the total number of days and times, attendance, and indicate the days that are the most stressed downtown. Councilmember Weidner said the Council should look at reasons why the City hosts events. Mayor Kozlowski agreed, adding that events bring people downtown and enhance the quality of life for residents. He feels the City has a good mix of community events that spotlight downtown. Councilmember Junker responded that any event would not benefit every business. Some businesses benefit from a certain event while and others do not get any benefit out of it. Mr. McCarty said staff would bring back further policy revisions in two weeks. Discussion on Strategic Planning City Administrator McCarty provided a summary of the 2015-2020 Strategic Plan and reported on the action items accomplished to date. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve the strategic plan update. All in favor. Possible approval of Capital Improvement Plan (CIP) City Administrator McCarty and Finance Director Harrison presented the 2018-2022 Capital Improvement Plan. They noted that there are some items that the Council has not yet acted on, for instance, Aiple Property improvements that will be included in a future year. He explained that some categories are intended to set aside money for a particular project over a number of years. Councilmember Polehna asked who is responsible for overseeing the fleet of City vehicles, to achieve consistency in how long each department runs their vehicles. Mr. McCarty replied that the City does not have a fleet management position, which is not uncommon. Therefore, it is the responsibility of each department manager to determine the replacement schedule for his or her fleet. Page 2 of 7 City Council Meeting December 5, 2017 Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2017-247, approval of 2018-2022 Capital Improvement Plan. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None STAFF REPORTS Police Chief Gannaway informed the Council December 13 is the last drop-off date for Toys for Tots. Fire Chief Glaser explained the contract with Emergency Services Consulting that is being funded through the SAFER grant. He will keep the Council informed as the study progresses. Public Works Director Sanders explained the agreement with the Department of Natural Resources to maintain the Brown's Creek Trail. He stated that construction began yesterday on the senior living site. He reminded the Council that odd-even parking is in effect. He stated the concrete steps are in place on the Main Street stairs and the contractor is fabricating the railing so it is anticipated the stairs will reopen in a few weeks. Mayor Kozlowski recessed the meeting at 5:57 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:06 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Community Development Director Turnblad Finance Director Harrison City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of November 21, 2017 regular meeting minutes Motion by Councilmember Junker, seconded by Councilmember Menikheim, to approve the November 21, 2017 regular meeting minutes. All in favor, 5-0. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS There were no petitions, individuals, delegations or commendations. Page 3 of 7 City Council Meeting December 5, 2017 OPEN FORUM Councilmember Menikheim thanked Councilmembers Weidner and Polehna for inviting him on a hunt with the troops. CONSENT AGENDA Resolution 2017-237, directing payment of bills Resolution 2017-238, accepting of the 2016 SAFER grant and approving the Emergency Services Consulting International (ESCI) Personal Services Contract Resolution 2017-239, approval of the St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement with St. Croix Caterers, Inc. Resolution 2017-240, approving the Browns Creek Trail Cooperative Agreement between the State of Minnesota and the City of Stillwater Resolution 2017-241, a resolution authorizing a contract for the 2018 annual contract for mowing, snow and ice removal and clean up services Resolution 2017-242, approving Access Agreement between the City of Stillwater and Kraemer North America Resolution 2017-243, a resolution approving an Agreement for Payment in Lieu of Real Estate Taxes for a project known as Ecumen Stillwater CPC Case No. 2017-25 Possible approval to purchase two switches for the St. Croix Valley Recreation Center Possible approval to purchase scanners for Administration Department Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt the Consent Agenda. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None PUBLIC HEARINGS Case 2017-53. A public hearing to consider a request by Larry and Paulette Lappi for the consideration of a Zoning Map Amendment for the property located at 900 Broadway Street North and XXXX First Street North in the RB District. Community Development Director Turnblad reviewed the request. In August 2017, MnDOT conveyed to Larry and Paulette Lappi a portion of undeveloped right-of-way located adjacent to Elm Street East that was designated as Parks, Recreation, Open Space in the 2008 Comprehensive Plan. The approximately 125' long by 50' deep, 5,767 square foot property was determined by MnDOT to be excess and eligible for private sale. Larry and Paulette Lappi have submitted a two-part application for consideration of: 1) a Zoning Map Amendment (ZAM) of a track of undeveloped right-of-way adjacent to Elm Street East to be included in the RB-Two Family Residential zoning district; and 2) a re-subdivision (otherwise referred to as a Lot Line Adjustment) that would create a new lot by combining MnDOT's excess land and a portion of the Lappis' homestead property. The new developable parcel of land would be approximately 16,795 square feet and contain a 1,820 square foot building pad. The Planning Commission recommends the rezoning to RB-Two Family residential. Staff recommends approval with three conditions. Staff also recommends the rezoning of a 5,764 square foot portion of MnDOT excess land, adjacent to Elm Street East and the southeast property boundary of 900 Broadway Street North, to RB-Two Family Residential. Page 4 of 7 City Council Meeting December 5, 2017 Councilmember Weidner asked what is the public benefit of the zoning map amendment. Community Development Director Turnblad answered that it would allow another property to be used as a building site. Mayor Kozlowski added that a homeowner is going to be taking care of the area, which could be neglected if it remains under MnDOT ownership. Mayor Kozlowski opened the public hearing. Orwin Carter, 1029 Third Avenue South and the owner of properties in the condos directly south of Elm Street, expressed concern about building on the hill and the potential for it to slide into the condos. Councilmember Junker asked the Lappis if they have a potential purchase agreement for the property. Larry Lappi, XXXX North Broadway, stated they do not have a purchaser for the property. They are trying to make it buildable sometime in the future for a future owner. It will keep that corner clear of ragweed and buckthorn. He showed a diagram indicating the only place on the property where a home could be built. Councilmember Junker applauded the Lappis' efforts to clean up the parcel. Mayor Kozlowski closed the public hearing. Councilmember Junker asked about the possibility of building a basement on the site, and about public utilities.Public Works Director Sanders stated the property owner would probably do soil borings before building. He suspects the ground is rock. A basement could probably be built, but at some cost. He added that there is City sewer on Elm and First Street, but that City water would have to come in from First or Broadway, or a well. Mr. Lappi stated he was told by the Water Department that they said could drill a well there as long as they meter it so the City can bill for sanitary sewer. He understands that they would have to hook up to City water whenever it would become available. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2017-244, a resolution approving a resubdivision and consolidation, Case No. 2017- 53. Ayes: Mayor Kozlowski, Councilmembers Menikheim and Polehna Nays: Councilmembers Junker and Weidner Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt first reading of an ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance, by amending the zoning map of the City to rezone certain property to the RB-Two Family Residential District. Ayes: Mayor Kozlowski, Councilmembers Menikheim and Polehna Nays: Councilmembers Junker and Weidner UNFINISHED BUSINESS There was no unfinished business. Page 5 of 7 City Council Meeting December 5, 2017 NEW BUSINESS Presentation: Truth in Taxation City Administrator McCarty explained the proposed 2018 budget. He reviewed the significant budget impacts for 2018 and explained the property tax levy rate,tax impacts for various value homes, and where the City portion of the property tax dollar goes. Councilmember Polehna said he would like to see a breakdown of revenues brought in because of fees and charges associated with "culture and recreation" categories. Mr. McCarty offered to provide information using a cost center approach to identify how much of the revenue stream is from outside revenue versus the property tax levy. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2017-245,adopting the Final Budget and the commitment of certain revenue sources for the Fiscal Year 2018. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2017-246, adopting the final tax levy for the year 2018. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Possible approval of Maple Island Brewery July 4th Tent Party Event Community Development Director Turnblad reviewed the request. Frank Fabio of Maple Island Brewery has submitted an application for permission to hold a 4th of July event on the brewery's private parking lot. Since the event will be held entirely on private property,a special event permit is not necessary; however, Mr. Fabio is still required to have Council permission to hold the outdoor event. Since there is no additional capacity in the public parking system on July 4th to accommodate the Maple Island Brewery patrons, staff does not find this to be a good time to use a private parking lot for events instead of parking. The Downtown Parking Commission voted to recommend approval. Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve the request by Maple Island Brewery to hold a 4th of July event on the brewery's private parking lot. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None COMMUNICATIONS/REQUESTS Councilmember Polehna thanked everyone involved in the decoration of downtown and the Twinkle Parade. COUNCIL REQUEST ITEMS There were no council request items. Page 6 of 7 City Council Meeting December 5, 2017 ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Men'. •- •• • adjourn the meeting at 8:00 p.m. All in favor, 5-0. Ted Kozl i, Mayor ATTEST: „g, Diane F. Ward, City Clerk Resolution 2017-237, directing payment of bills Resolution 2017-238, accepting of the 2016 SAFER grant and approving the Emergency Services Consulting International (ESCI) Personal Services Contract Resolution 2017-239, approval of the St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement with St. Croix Caterers, Inc. Resolution 2017-240, approving the Browns Creek Trail Cooperative Agreement between the State of Minnesota and the City of Stillwater Resolution 2017-241, a resolution authorizing a contract for the 2018 annual contract for mowing, snow and ice removal and clean up services Resolution 2017-242, approving Access Agreement between the City of Stillwater and Kraemer North America Resolution 2017-243, a resolution approving an Agreement for Payment in Lieu of Real Estate Taxes for a project known as Ecumen Stillwater CPC Case No. 2017-25 Resolution 2017-244, a resolution approving a resubdivision and consolidation, Case No. 2017-53 Resolution 2017-245, adopting the Final Budget and the commitment of certain revenue sources for the Fiscal Year 2018 Resolution 2017-246, adopting the final tax levy for the year 2018 Resolution 2017-247, approval of 2018-2022 Capital Improvement Plan Page 7 of 7