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HomeMy WebLinkAbout2018-01-30 CC MIN Changed from 2018-02-06 i11water 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES January 30,2018 (changed from February 6,2018) REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:37 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 Community Development Director Turnblad Finance Director Harrison Public Works Director Sanders City Clerk Ward OTHER BUSINESS Discussion on Lily Lake Water Quality with Middle St. Croix WMO Public Works Director Sanders updated the Council on results of efforts to reduce phosphorus levels in Lily Lake. He stated that over last 10 years,the City has achieved about 100 lbs.reduction through projects of the City, conservation district and Middle St. Croix Watershed. The City is now down to the last 45 lbs. of reduction required by the Minnesota Pollution Control Agency (MPCA). Mike Isensee, Middle St. Croix Watershed Management Organization Administrator, reviewed past water quality studies, and noted that in 2014,Lily Lake demonstrated a statistical improving trend for total phosphorous for the first time since monitoring started in 1988. He explained two projects being designed to achieve the last 45 lbs. of phosphorus reduction. One will be a holding area installed behind the ballfields at Lily Lake Park and one will be an underground piping system at Washington Park. The areas anticipated to be served by the two projects account for about 60% of the total load of phosphorous going into Lily Lake. The two projects are expected to result in a reduction of 50-55 lbs. of phosphorus. Public Works Director Sanders added that the two projects are eligible to apply for Legacy grant money to partially fund costs. Over the next two years, the City should start budgeting for these projects. Councilmember Junker asked if there is any correlation between phosphorous levels in Lily Lake and the amoeba problem. Mr. Sanders responded they appear to be totally unrelated. Mr. Isensee explained the tentative schedule for the proposed projects. Councilmembers expressed support for the projects and credited lakeshore homeowners and associations for their part in helping reduce phosphorus levels. City Council Meeting January 30, 2018 Discussion on Special Event Policy City Administrator McCarty provided an update on revisions made to the Special Event Policy since the Council last discussed it December 19. Terminology was added to definitions to include other gatherings, and wording was added about the need for a temporary liquor license. Site plan requirements went from a scale site plan to a plan showing all dimensions of the proposed facilities. He stated there also was a lot of discussion about serving alcohol. Currently it may only be served in a confined space. Public safety staff feels strongly that there is a need for an established perimeter for serving alcohol because Lowell Park tends to blend into downtown and it would be difficult to determine where it stops. So language was added to state that alcohol should be confined to a specific area like a beer tent, or the extent of the event itself provided there is fencing around the entire perimeter. At exit gates to the dispensing area(i.e. beer tent) or the event perimeter, at organizer's choosing, there would be uniformed public safety staff. The event organizer may bring in private security, but the plan would still need to be agreed upon by the Fire and Police Chiefs. Councilmember Polehna asked about the prohibition on camping, pointing out that for Hockey Day, they had a person staying in a camper overnight for security. City Clerk Ward responded that the camping prohibition is intended for vendors. The language can be clarified to prohibit vendor camping but allow a security person to camp overnight. Councilmember Weidner remarked that having a liquor confinement area or"beer jail"is still too restrictive. He feels a person should be able to walk the entire event area with an alcoholic beverage if they choose. He does not feel fencing is needed; it could be delineated with signage. Councilmember Polehna stated he too questioned whether the policy is too restrictive. Mayor Kozlowski stated he thinks the scope of events has changed since past years when crowd control and alcohol was more of an issue. Special events require a contract, which provides an opportunity to impose more specific alcohol restrictions if the Council desires. Councilmembers Weidner and Junker agreed. Police Chief Gannaway expressed concern about clearly defining the area where alcohol is consumed, if there is no fencing. Councilmember Weidner reiterated that signs could be posted saying no alcohol beyond this point. Police Chief Gannaway responded that would then require increased police presence to make sure no one is leaving the area with alcohol or bringing in a cooler. Councilmember Weidner stated he is not talking about increased police presence. If an event needs additional security to keep people from going out, that should be private security provided by the event organizer. Mayor Kozlowski stated he would like to see more flexibility to allow organizers to decide where they want the alcohol areas. City Administrator McCarty stated staff would rework the language and bring the policy back for further review. He also will bring the fee schedule back for review. Update on upcoming Legislative Session(February 20 - May 21, 2018) City Administrator McCarty briefed the Council on a January 26 meeting involving Senator Housley concerning the City's request for state funding for protection of the St. Croix Riverbank south of downtown.None of the local government requests was included in the governor's budget. As the City continues to seek funding, it will require representation at committee meetings and Page 2 of 7 City Council Meeting January 30, 2018 hearings. He stated the question was brought up whether the Council should consider hiring a lobbyist to represent the City at the capitol this legislative session. Mayor Kozlowski added it was clear that similar communities employ lobbyists for large ticket items. City Attorney Magnuson provided a history of past lobbying efforts that successfully secured state and federal funding for some substantial projects. Councilmember Menikheim stated he would like staff to look at options for hiring a lobbyist. Mayor Kozlowski agreed. Staff was directed to put together a list of potential candidates and consult the League of Minnesota Cities for assistance and suggestions. STAFF REPORTS Community Development Director Turnblad stated that staff has drafted an online community survey that will be released next week as part of the Comprehensive Plan update process. Goals discussed at last week's Comprehensive Plan workshop have been compiled and will be provided to the Council. Staff has been meeting with representatives of Lift Bridge Brewery to identify a range of possibilities for land acquisition and will meet again to narrow down some possibilities to explore in terms of assistance. Public Works Director Sanders reported that the railing on the Main Street Steps is installed and the steps should be open by Friday. Finance Director Harrison informed the Council that auditors would be coming Monday and Tuesday. Mayor Kozlowski recessed the meeting at 6:12 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:07 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 Finance Director Harrison City Planner Wittman City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Page 3 of 7 City Council Meeting January 30, 2018 APPROVAL OF MINUTES Possible approval of minutes of the January 16, 2018 regular and closed session meeting and the January 23, 2018 Special Joint Meeting of the City Council and Planning Commission Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to approve the minutes of the January 16, 2018 regular and closed session meeting and the January 23, 2018 Special Joint Meeting of the City Council and Planning Commission. All in favor. PETITIONS,INDIVIDUALS, DELEGATIONS & COMMENDATIONS Mayor Kozlowski acknowledged a letter stating that the City has received a Government Finance Officers' Association Certificate for Excellence in Financial Reporting for its annual report for the fiscal year ending in 2016. The City Finance Department has received this award has been received for 27 years in a row. Council commended the Finance Department for a job well done. OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2018-023, directing the payment of bills. Possible approval of St. Croix Valley Recreation Center Capital Budget request— Dehumidifier Possible approval of St. Croix Valley Recreation Center Capital Budget request—Dasher boards Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None PUBLIC HEARINGS CPC Case No. 2017-87. A public hearing to consider a request by Ken Heifort, property owner and Todd Ganz of Integrity Land Development, applicant, for the consideration of a Final PUD, Preliminary Plat,Zoning Map Amendment and any Variances related thereto,for the property located at 8911 Neal Avenue in the AP District. City Planner Wittman stated that Todd Ganz, Integrity Land Development, is proposing to develop Phase Two of the 26.1 acre Heifort Hills Planned Unit Development (PUD). The second phase has 24 home sites, spread across 10.9 acres to be platted as Heifort Hills Estate. The developer is requesting: 1) rezoning of the second phase's 10.92 acres from AP, Agricultural Preservation to RB,Two-Family Residential;and 2)Final Shoreland PUD approval for the second phase PUD;and 3)preliminary plat approval for Heifort Hills Estate. Staff finds that the proposed Final PUD,rezoning and preliminary plat for Phase Two represent a good solution to the need for balancing the density envisioned by the Comprehensive Plan and the protective goals of the South Twin Lake Shoreland Overlay District. Therefore, staff recommends approval with 16 conditions. Councilmember Polehna asked why the bike trail would not extend to Highway 96 under this development. City Planner Wittman replied that the City's trail plan calls for Highway 96 to have an off-street trail. Her understanding in predevelopment conversations with Stillwater Township Page 4 of 7 City Council Meeting January 30, 2018 is that they are advocating for the construction of an off-street trail to tie both communities' trail systems together. The Parks Commission has not reviewed this yet- it is scheduled for February 26. Councilmember Weidner asked how the cash equivalent for replacement of the 39 trees cited in Condition #16 would be used by the City. Ms. Wittman replied that the tree replacement plan includes significant screening along the edges and staff believes there will be sufficient planting. The fee in lieu is based on the average price of trees, for the City to spend as deemed appropriate. She added that along Highway 96 there is a 100-foot buffer that will not be disturbed at all, therefore there will still be a green corridor of vegetation along Highway 96 on the south side. The Council could require greater vegetative buffering along Highway 96 if desired. Councilmember Weidner suggested that perhaps the developer should eliminate a few of the houses, as the development may be overbuilt. Ms. Wittman pointed out that, other than the 39- tree deficit, the proposal meets the zoning code and requirements. Mayor Kozlowski opened the public hearing. Todd Ganz, Integrity Land Development, provided a drawing showing the grading plan and the location of the silt fence. He pointed out the area that is not affected by the development and showed the grading plan and the setback line, adding there really are no trees to be removed in that corner. The existing tree line is just north of the setback line. He pointed out the storm water line that will not require any tree removal. Councilmember Weidner stated he is a lot more comfortable with it. Mr. Ganz went on to explain that a significant number of trees would be taken out of the Neal Avenue right-of-way. They are stopping the trail there because otherwise there would be an 8-10 foot high retaining wall in front of one of the houses. The trail will be on the shoulder of the road when Neal is paved. Public Works Director Sanders stated there is no timeline for construction of a trail on Highway 96. He confirmed that one parcel has a steep bank so it would take some grading and a high retaining wall to extend the trail there. If this were required, the retaining wall cost would exceed the park and trail dedication fee from this project. Councilmember Weidner stated he understands the additional cost but he feels that the trail should be completed instead of leaving it 200 feet short of another connection. Mayor Kozlowski closed the public hearing. Councilmember Polehna stated he would like to add a condition requiring the trail to be completed all the way to Highway 96. City Planner Wittman responded that the Council could add a condition of approval addressing it as part of the development agreement. Condition#11 could be modified to state that the developer shall construct the trail adjacent to Neal Avenue. Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2018- 024, a resolution approving final planned unit development for Phase 2 of 2, and preliminary plat for Heifort Hills Estate, Case No. 2017-67, with the modifying of Conditions #6 and#11 to indicate the property owner shall construct a trail from the cul de sac south as well as north to his property line. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Page 5 of 7 City Council Meeting January 30, 2018 Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt first reading of an ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately 15 acres to RB, Two-Family Residential. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None CPC Case No.2017-68.A public hearing to consider a request by Michael McGrath,property owner for the consideration of a Zoning Text Amendment to allow retail use in the BP-I district by Special Use Permit for the property located at 1815 Greeley St S in the BP-I District. City Planner Wittman stated that Michael McGrath, 1815 Greeley, LLC,has applied for a Zoning Text Amendment to allow for the continued use of a tenant space in 1815 Greeley Street South as a retail store. The property is zoned BP-I, which only allows for retail sales of products manufactured on-site. The business in question does not qualify for this allowance. Therefore,the building owner is asking to allow limited retail sales of products not manufactured on-site. Staff recommends approval of the proposed Text Amendment, with the Planning Commission's modifications, that the amendment allow limited retail not to exceed 10% of a building's total floor area or 4,000 square feet, whichever is less. Councilmember Weidner commented that the City has plenty of retail spaces available, so why would staff recommend this rather than require them to use an existing retail space? Ms. Wittman stated that staff determined the amendment would involve less retail space than would be used for products produced on-site. Mayor Kozlowski stated he would prefer the amount of retail space be limited to 20%, which the percentage is allowed for items manufactured on-site. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Menikheim, seconded by Councilmember Weidner,to adopt first reading of an ordinance amending the Stillwater City Code Sec. 31-325, allowable uses in non-residential districts, Case No. 2017-68. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None UNFINISHED BUSINESS Possible approval of sanitary sewer adjustments (tabled from January 16, 2018 meeting) City Administrator McCarty explained how sanitary sewer rate adjustment recommendations are handled. This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. The Water Board could not make this meeting so they will be at the March meeting to discuss this and other issues with the Council. Staff recommends that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. Motion by Councilmember Weidner, seconded by Councilmember Junker, to take the item off the table. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Page 6 of 7 City Council Meeting January 30, 2018 Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to approve the sanitary sewer adjustments. All in favor. NEW BUSINESS There was no new business. COMMUNICATIONS/REQUESTS Councilmember Polehna expressed interest in attending the National League of Cities meeting March 10-14 in Washington, D.C. Mayor Kozlowski praised Public Works staff on the cleanup of downtown snow. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim,to adjourn the meeting at 8:12 p.m. All in favor. Ted wski, Mayor ATTEST: y� Thomas McCarty, Acting/At-3; Clerk Resolution 2018-023, directing the payment of bills Resolution 2018-024, a resolution approving final planned unit development for Phase 2 of 2, and preliminary plat for Heifort Hills Estate, Case No. 2017-67 Page 7 of 7