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HomeMy WebLinkAbout2018-03-06 CC MIN 1\ ater TN! IIRTNRLRC! Of MINNEEOTR CITY COUNCIL MEETING March 6, 2018 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:35 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna (arrived at 4:40 p.m.) Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Fire Chief Glaser Police Sergeant Hansen Community Development Director Turnblad City Planner Wittman Finance Director Harrison Public Works Director Sanders City Clerk Ward OTHER BUSINESS Discussion on Small Cell Wireless City Planner Wittman gave a presentation on small cell wireless technology and potential impacts of recent regulating legislation. She briefed the Council on discussions held at the Planning Commission and Heritage Preservation Commission and presented detailed staff recommendations regarding how the City should issue and regulate permits for the structures. Ms. Wittman stated that next week, the Planning Commission will review a draft legislative version of a zoning text amendment incorporating the new technology. Councilmember Weidner and Mayor Kozlowski expressed a desire to develop a consistent standardized design for the small wireless facilities. Library Update Library Director Mark Troendle updated the Council on highlights of his first six months on the job, to include negotiation of a new union contract, implementation of new cash management procedures, and adoption of a new events policy. The Library is in the process of implementing new ways of ordering and processing materials and is gearing up for a new strategic plan. Discussion on shared position between City and Library City Administrator McCarty stated that the City and the Library have been discussing the potential for sharing a housekeeping position by increasing the existing Library position to full time and having the City contract with the Library for 20 hours/week for the provision of housekeeping services for City Hall and the Public Works facility. If the City Council agrees with the concept,the Library Director will present the concept to the Library Board for review. City Council Meeting March 6, 2018 Staff would bring back a resolution and documentation as necessary for formal approval at a future Council meeting. Councilmember Weidner said he likes the idea but doesn't want to bind the library to something they can't back away from if it doesn't work out. Councilmember Junker said he would like to see costs for contracting the positions out completely, for comparison. Riverview Drive Sewer Project Public Works Director Sanders reviewed recent correspondence from property owners at 1410 Riverview Drive and 1421 North First Street regarding providing City sewer to their property. The homes are currently on septic systems. The sewer on North First Street is not deep enough to serve the Riverview Drive properties.In 2004 when the City did the North Hill sewer project, sanitary sewer was installed in North Broadway which is lower in elevation than Riverview Drive. Engineers then considered the possibility of extending sewer from Broadway and Sycamore to serve these properties, but that would have required an easement over a privately owned parcel whose owner would not grant the easement. In 2011, the concept of providing sewer to the Riverview Drive properties came up again. Staff considered installing a manhole via extending from North First Street, but it would still require a pump into the new manhole due to the elevation of the properties. In 2017 the Riverview property owner asked about it again.Mr. Sanders said he and City Attorney Magnuson approached the nearby property owner again about an easement. She was reluctant to provide access but allowed soil boring on her property. The two soil borings showed at 1419 Riverview Drive there was resistance right away indicating rock was at the surface but it was unclear whether it was a big boulder or limestone. The boring in Riverview drive indicated the rock elevation was about 8 feet deep. So staff looked at other options to provide sewer to 1410 and 1421. A newer technology is available to drill through harder rock. Staff considered drilling through the rock and setting a manhole that would not only serve 1410 and 1421, but maybe some of the other surrounding properties, providing everyone with a gravity system. However no one else has requested a gravity sanitary sewer system. The cost estimate to drill 250 feet and drill a vertical shaft about 25 feet deep was $400,000 to do the section from Sycamore to Riverview Drive. Mayor Kozlowski asked what is the disadvantage of a pump system. Public Works Director Sanders replied that if the power goes out in the home, the pump is not going to work. Councilmember Junker asked why can't the 1410 and 1421 Riverview homes have an ejector pump? Mr. Sanders replied they could. A whole system would cost roughly under $10,000. Councilmember Weidner asked how the $400,000 cost would be assessed to homeowners. Mr. Sanders replied that if that option were chosen, the $400,000 system would serve 1410, 1421, 1425, and possibly 1509 Riverview Drive, raising the question of whether it is right for the City to assess homeowners who are already hooked up to City sewer. Councilmember Weidner said he would be concerned that there would be no real increase in value of their properties. John Kraemer, 1410 Riverview Drive, explained that he talked to the property owner whose easement would be required and she would allow an easement across her property. He cited City code related to connection to sewer systems and added that he has always been troubled by the fact that other adjacent property owners on North First have gotten City sewer service and he has not. He and the property owners at 1421 thought the best solution would be a gravity fed system to North Broadway with the main in Riverview Drive. He feels he should have been included in the North Hill sewer project in 2004. Page 2 of 10 City Council Meeting March 6, 2018 Councilmember Weidner asked what's wrong with the pump system. Mr. Kraemer replied it's a mechanical device that's more subject to failure. He pointed out there is less than two feet difference between his basement level and that of 1408 which is connected to City sewer. He thought there was may have been an error in the design in the level that the sewer was built to. He has felt all along that the matter should have come under City Council consideration and it just hasn't happened. He added that he observed the excavation done previously at 1419 and talked to the excavator who said it wasn't an issue of drilling through bedrock. The Windmillers advised him today that they excavated down 12 feet for their swimming pool and did not hit rock. A more extensive study should be done to determine if it's boulders or rocks that the test drills are hitting or if it is really bedrock. Public Works Director Sanders said it would probably cost at least $70,000-100,000 for a gravity system to serve two homes. If the homeowner is willing to spend at least$30,000 then staff could do a feasibility study. Or they could hire a contractor to get connected via an ejector pump any time. It was the concensus of the Council that the $400,000 cost was not feasible for serving the homes at 1410, 1421, 1425, and possibly 1509 Riverview Drive and that any appaisal would not meet the increase in value to the properties required for assessments. The entire Council felt that the residents, if they want to connect to City sewer, could connect via an ejector pump at a lower cost (approximately $10,000) than the estimated assessment of$30,000 per home. Council did not direct staff to investigate the matter further or order a feasiblity report. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to recess the meeting at 6:25 p.m. All in favor. 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 Sergeant Hansen Fire Chief Glaser Public Works Director Sanders Community Development Director Turnblad City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. OTHER BUSINESS (continued from 4:30 meeting) Special Events Policy City Administrator McCarty explained revisions done as a result of the last Council discussion, when Staff was directed to bring back language that would allow alcohol to be essentially carried event-wide within the venue area. The event venue area and organizer must provide delineated signage indicating no alcohol beyond a certain point. This approach may pose some difficulty for law enforcement. All other provisions regarding alcohol remain unchanged. Page 3 of 10 City Council Meeting March 6, 2018 Additionally, language was added indicating the camping prohibition applies to vendors, the base fee for special events with contracts was modified from $1,000/day to $500/day, and the rates for paid on call volunteer firefighters versus full time firefighter staff were delineated. Councilmember Menikheim said he still opposes allowing alcohol to be consumed throughout the entire event venue. He related his reasons. Mr. McCarty said staff will bring back a formal resolution for the policy and fee schedule for adoption at the next meeting. STAFF REPORTS Community Development Director Turnblad said the community survey is well underway. He has gotten more calls on this item than on almost any other element of the Comprehensive Plan, other than a possible parking ramp in Lot 1. Mr. Turnblad stated that he would provide Council with information on the number of responses from the survey. City Administrator McCarty reminded the Council of upcoming conferences. He also stated over three to four meetings there has been an invitation extended by the Council to the Water Board and its staff to come in and provide an update on the White Bear Lake's lake level court ruling that impacts the City's water system. The Water Board staff will attend the March 20 meeting. Councilmember Weidner noted the Council has been asking for an update from the Water Department since January. He is upset that the lawsuit could cause multiple restrictions being applied across the board to Stillwater citizens and the Council or reisdents has yet to hear from the Water Board about what actions they are taking on the White Bear Lake court order. Councilmember Menikheim pointed out the Water Board has a rationale why they couldn't come until March 20. They don't have answers from the lawsuit yet because nothing has been decided. He invited Councilmember Weidner to come to the next Water Board meeting to share his concerns. Councilmembers Polehna and Junker said they have had many questions from residents and are eager to meet with the Water Board as soon as possible as most residents contact the Council for answers to water operations and the White Bear Lake court order and not the Water Board. It was Council concensus that the Water Board provide the Council and City residents information regarding the potential impacts of the White Bear Lake ruling soon instead of waiting until DNR restrictions are imposed. City Administrator McCarty agreed to contact the Water Board staff and convey the concerns. APPROVAL OF MINUTES Possible approval of minutes of the February 20, 2018 regular meeting Motion by Councilmember Junker, seconded by Councilmember Menikheim, to approve the minutes of the February 20, 2018 regular meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS There were no petitions, individuals, delegations or commendations. OPEN FORUM Jeff Johnson, 309 South Fifth Street, expressed a concern about an unmet condition of the use permit for Stillwater Mills, that the developer was to make 55 parking spaces available for Page 4 of 10 City Council Meeting March 6, 2018 public use on weekends and evenings. There are two garage doors under the building which have had a lock on them ever since the development agreement was done rendering the spaces unusable by the public. Community Development Director Turnblad informed the Council that the last round of conversations about this issue was tied to the Crosby Hotel as a possible solution to some of the mitigation for the hotel. Ultimately the hotel developer decided to mitigate on site instead. Since that time staff contacted management of Stillwater Mills, who are aware that it still is an unfulfilled condition of their use permit. Due to staff workload,the issue hasn't been a priority. Staff will again contact Stillwater Mills management and ask how they propose opening up the spaces after hours to the public. Mr. Johnson expressed another concern about health, safety and welfare issues with Stillwater Residence at Fifth and Olive Streets. He said there are many police and fire calls to the facility which houses 31 people with mental health or drug dependency issues. Neighbors are worried about the potential for a shooting or a fire or some other tinderbox event. City Administrator McCarty responded that based on concerns raised, staff did research and sent a memo to the neighborhood. The next step would be to do data analysis with public safety, work with the county, and look at land use options for the future. More data will be provided to the Council at an upcoming meeting. CONSENT AGENDA Resolution 2018-033, Directing the Payment of Bills Resolution 2018-034, approving agreement between the Washington Conservation District and the City of Stillwater for raingarden maintenance and vegetation installation Possible approval of temporary liquor license—Church of St. Michael—May 20, 2018 Possible approval of temporary liquor license — Stillwater Library Foundation — July 4, 2018 Resolution 2018-035, resolution approving State of Minnesota Joint Powers Agreements with the City of Stillwater on behalf of its police department regarding the Minnesota Internet Crimes Against Children Task Force (ICAC) Resolution 2018-036, approval of access, construction and maintenance agreement Resolution 2018-037, resolution supporting St. Croix Riverbank Restoration and integrated walkway in the City of Stillwater Resolution 2018-038, Approving memorandum of understanding between the City of Stillwater and Law Enforcement Labor Services, Inc., Local No. 257 Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None PUBLIC HEARINGS Case No. 2017-69. A public hearing to consider a request by Tim Nolde of Ancho Bay Pro, Inc. for the consideration of a Special Use Permit and any related Variances thereto for 9 townhome units to be located at 1167 Parkwood Lane and 6322 Stillwater Boulevard North in the TH district Community Development Director Turnblad informed the Council that Tim Nolde, representing Ancho Bay Pro, Inc.has requested the Council's approval of the relocation of two townhouse structures, one with three units and the other with four units, from Oak Park Page 5of10 City Council Meeting March 6, 2018 Heights. A third building, comprised of two townhouse units, is proposed to be constructed onsite. Generally speaking, Building Moving Permits are administratively approved by the Building Official upon receipt of a Building Moving Permit application and after inspection. However, City Code Section 31-511, Subd. 4 indicates the City Council shall hold a public hearing on whether a building may be moved into the City of Stillwater. Staff finds that the relocation of two townhouse structures to 1677 Parkwood Lane and 6322 Stillwater Boulevard North is consistent with the standards set forth in City Code Section 31-511, Building Moving Permit. Staff recommends approval of the Building Moving Permit associated with Case No. 2017-69, with seven conditions. Mayor Kozlowski opened the public hearing. Councilmember Weidner recused himself Michael Hughes, owner of property adjacent to the site, asked if the retaining wall along the strip of driveway is City-owned or part of the developer's property. The wall may be in need of some repair. He is otherwise satisfied with the condition of approval that the water will drain away from his property which is a lower lying land with some saturation issues. Public Works Director Sanders responded that staff has expressed concern about the additional load being added onto the wall with the driveway. Engineers are studying the soil for installation of sewer and water behind the wall, so they will be looking at its condition. Community Development Director Turnblad added that the Council could add Condition #8 stating the developer is responsible for any necessary repair or replacement of the retaining wall. Mayor closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Junker,to approve the Building Moving Permit associated with Case No. 2017-69, for 9 townhome units to be located at 1167 Parkwood Lane and 6322 Stillwater Boulevard North, with the seven conditions recommended by staff and adding Condition #8, the developer is responsible for repair or replacement of the retaining wall. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Abstain: Councilmember Weidner Case No. 2018-04. A public hearing to consider an appeal request by NJC Holdings, property owner, for the reconsideration of the CPC's partial denial of a Variance request for the property located at XXX Linden in the CBD District Mayor Kozlowski stated the applicant has requested that the Council table this item to the April 3, 2018 meeting. He opened the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Menikheim,to table the public hearing until April 3, 2018 for Case No. 2018-04, appeal request by NJC Holdings, property owner, for the reconsideration of the Planning Commission's partial denial of a Variance request for the property located at XXX Linden in the CBD District. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None UNFINISHED BUSINESS Page 6 of 10 City Council Meeting March 6, 2018 Possible consideration of approval of an appeal to HPC Case No. 2017-32 for a clock tower, ironwork and mast to be associated with the Water Street Inn at 101 Water Street South Community Development Director Turnblad explained that on January 2, 2018, the Council heard a request from the Water Street Inn appealing the Heritage Preservation Commission's partial denial of certain rooftop elements of a proposed three-story addition. The Council conceptually found the tower elements above the clock to be consistent with City Code Section 31-209, Section 22-7, and the Downtown Design Review District guidelines. In a 4-1 vote with Councilmember Weidner dissenting, the Council conceptually overturned the HPC's denial. The Council directed the applicant to engineer the final tower ironwork and mast design prior to Council's final approval. Mr. Turnblad presented the revised plans for the clock tower framework. The architect has reduced some of the massive feel of the base of the tower. Staff recommends approval of the site alteration permit. Motion by Councilmember Junker, seconded by Councilmember Menikheim,to adopt Resolution 2018-039, a resolution approving a site alteration permit for the Water Street Inn allowing for a three-story addition, clock tower and mast (Case No. 2017-32) with the four conditions recommended by staff. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: Councilmember Weidner Possible approval of resolution adopting Findings of Fact, Conclusions and Order related to a Conditional Use Permit and Variance requests for a multi-family condo project to be located at 107 Third Street North (Case No. 2017-62) Community Development Director Turnblad reviewed the case. At the last meeting, the Council heard on appeal the proposal from Jon Whitcomb for a CUP and variances. The Council voted to deny the appeal and directed staff to put together Findings of Fact. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2018-040, resolution adopting Findings of Fact, Conclusions and Order related to a Conditional Use Permit and Variance Requests for a multi-family condo project to be located at 107 Third Street North(Case No. 2017-62). Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: Councilmember Weidner NEW BUSINESS Possible approval of Heifort Hills final plat and development agreement Community Development Director Turnblad stated that Todd Ganz, Integrity Land Development, is proposing to develop Phase Two of the 26.1 acre Heifort Hills Planned Unit Development (PUD). This phase has 24 home sites, which are spread across 10.9 acres of land that will be platted as Heifort Hills Estate. The Final Planned Unit Development, Preliminary Plat and Rezoning were approved by the City Council on January 30, 2017. The developer is now requesting approval of the Final Plat and Development Agreement for Heifort Hills Estate. Staff recommends approval of the Final Plat and the Development Agreement with 13 conditions of approval. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2018-041, a resolution approving the final plat for Heifort Hills Estate (Case No. 2018-07). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Page 7 of 10 City Council Meeting March 6, 2018 Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2018-042, a resolution approving the development agreement for Heifort Hills Estate (Case No. 2018-07). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of resolution accepting proposal and awarding contract for engineering services for Veterans Memorial parking lot improvement project (Project 2018-07) Public Works Director Sanders explained that the City solicited proposals for engineering services for the Veterans Memorial Parking Lot Improvement. The improvement is located mainly in the lower lot of Veterans Memorial Parking Lot on Third Street South. It would consist of installation of a retaining wall on the west side of the lot, constructing additional parking stalls on the south side and correcting the erosion on the west slope. Staff recommends approval of the engineering services of WSB at a cost of$47,000. Councilmember Weidner asked the total project cost. Mr. Sanders said about $500,000. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2018-043, accepting proposal and awarding contract for engineering services for the Veterans Memorial Parking Lot Improvement Project(Project 2018-07). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of resolution accepting proposal and awarding contract for engineering services for the Marylane Drive improvement projectIProject 2018-08) Public Works Director Sanders explained that the City solicited proposals for engineering services for the Marylane Drainage Improvements. This project consists of improving the drainage in the area of east Marylane Avenue North, including the backyards of homes along Monterey Court. A total of$600,000 is budgeted for this project. Staff recommends that the Council approve the engineering services of TKDA of St. Paul with a bid of$37,800 for the Marylane Drainage Improvement Project. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2018-044, accepting proposal and awarding contract for engineering services for the Marylane Drainage Improvement Project (Project 2018-08). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of a contract for services with Landscape Research LLC to develop the 2040 Comprehensive Plan Historic Resources chapter Community Development Director Turnblad informed the Council that of the proposals received, the HPC and staff recommend Landscape Research LLC at a cost of$31,200. He added that $32,000 was budgeted for this item, of which $26,000 was grant money. Motion by Councilmember Junker, seconded by Councilmember Menikheim,to adopt Resolution 2018-045, approval of agreement with Landscape Research LLC. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of advisory committee to the 2040 Comprehensive Plan Historic Resources chapter update Page 8 of 10 City Council Meeting March 6, 2018 Community Development Director Turnblad stated that nine candidates are interested in serving on an advisory committee to help the HPC update the Historic Resources chapter of the 2040 Comprehensive Plan. The HPC recommends all individuals to be appointed to the committee. Staff recommend the same with the addition of Brent Peterson to represent the Washington County Historical Society. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to appoint the nine candidates recommended by staff, and Brent Peterson, Washington County Historical Society, to the 2040 Comprehensive Plan Historic Resources chapter update advisory committee.All in favor. COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS Councilmember Polehna asked the Council's permission to resurrect the St. Croix Valley Sports Facilities Commission, a group that solicited money to build the St. Croix Recreation Center in the 1990s. The Commission would help raise $2-3 million for improvements at the ice arena. City Attorney Magnuson said he will prepare a resolution creating the Commission and a protocol for the City to accept donations. Council consensus was to support the effort. Councilmember Polehna informed the Council he is working on coordinating a parade on April 14 to celebrate the state championships of the Pony girls' cross-country ski team, the alpine ski team and the gymnastics team. He stated he is working with other communities, the Fire Department, the school district, and would include the two local Olympic athletes, Jesse Diggins and Ann Hart. Councilmember Junker asked when the Main Street stairs will reopen. Public Works Director Sanders stated that the brick wall is presently unsupported and until it is supported again, the stairs will remain closed in case other bricks start to fall. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the meeting at 8:42 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: //LOA( � �- Diane F. Ward, City Clerk Resolution 2018-033, Directing the Payment of Bills Resolution 2018-034, approving agreement between the Washington Conservation District and the City of Stillwater for raingarden maintenance and vegetation installation Resolution 2018-035, resolution approving State of Minnesota Joint Powers Agreements with the City of Stillwater on behalf of its police department regarding the Minnesota Internet Crimes Against Children Task Force (ICAC) Resolution 2018-036, approval of access, construction and maintenance agreement Page 9 of 10 City Council Meeting March 6, 2018 Resolution 2018-037, resolution supporting St. Croix Riverbank Restoration and integrated trail walkway in the City of Stillwater Resolution 2018-038, Approving memorandum of understanding between the City of Stillwater and Law Enforcement Labor Services, Inc., Local No. 257 Resolution 2018-039, a resolution approving a site alteration permit for the Water Street Inn allowing for a three-story addition, clock tower and mast (Case No. 2017-32) Resolution 2018-040,resolution adopting Findings of Fact, Conclusions and Order related to a Conditional Use Permit and Variance Requests for a multi-family condo project to be located at 107 3rd Street North (Case No. 2017-62) Resolution 2018-041, a resolution approving the final plat for Heifort Hills Estate (Case No. 2018-07) Resolution 2018-042, a resolution approving the development agreement for Heifort Hills Estate (Case No. 2018-07) Resolution 2018-043, accepting proposal and awarding contract for engineering services for the Veterans Memorial Parking Lot Improvement Project (Project 2018-07) Resolution 2018-044, accepting proposal and awarding contract for engineering services for the Marylane Drainage Improvement Project (Project 2018-08) Resolution 2018-045, approval of agreement with Landscape Research LLC Page 10 of 10