Loading...
HomeMy WebLinkAbout2018-04-03 CC MIN i i 1 'vater 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES April 3,2018 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:33 p.m. Present: Councilmembers Menikheim, Dunker, Weidner, Polehna, and Mayor Kozlowski Absent: None 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 OTHER BUSINESS Update on St. Croix Valley Recreation Center Project - Establishment of Sports Commission Doug Brady, Facilities Manager for the St. Croix Valley Recreation Center, explained planned upgrades to the facility. Because the pricing came in much higher than anticipated, $4.5 to $4.8 million, the decision was made to focus on the dome first because it has exceeded its life expectancy and is in critical need of replacement. Funding will come from user group pledges, reserve funds and bonding, as well as money that has been set aside for the past six years. He added that the Recreation Center's current bonds are nearing their maturity date and current revenue should cover the payment on the new bonds. Mr. Brady requested City Council support for the project. Mayor Kozlowski asked the cost to replace the dome only; and Mr. Brady replied that it would cost about $2 million to replace the dome. Councilmember Polehna remarked that when originally built, the dome was the biggest in the State of Minnesota, but it now competes with other domes, so it is felt that putting in a regulation field will make the facility more marketable and generate more rental revenue. Mr. Brady added the new field will be 14 yards longer to accommodate a 110 yard field. Finance Director Harrison informed the Council that some bonds were paid off in December and there is another issue that will be paid off in a couple years. Mr. Brady indicated that management does not want to lose customers because the facility is not long enough, is not bright enough, does not have enough lighting,the turf is not good enough. He is looking toward a 20-year vision. City Administrator McCarty added that planned updates will be much more energy efficient. Staff can bring back information on the revenue generated annually to cover current debt service. City Council Meeting April 3, 2018 once approve by Councilmember Polehna, seconded by Councilmember Junker, to conceptually y moving forward on Phase I of the dome replacement and remodeling project for the St. Croix Valley Recreation Center. All in favor. Discussion on Establishment of Sports Commission City Attorney Magnuson provided background on the nonprofit St. Croix Valley Sports Commission,which was formed in 1995 to raise funds for the construction of the St. Croix Valley Recreation Center. There was a memorandum of understanding between the sports commission and the City. To create another such commission can be accomplished in two phases: 1) development of articles and bylaws; 2) file with the Internal Revenue Service for 501(c)3 status. The City could act as a repository so contributions would be tax deductible. Councilmember Polehna stated the first sports commission consisted of himself, Otto Bonestroo, Dick Olsen, and Rich Cummings. That commission raised $4 million. This time he will serve as the Council representative. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to establish a Sports Commission. All in favor. Fire Relief Association Presentation Joe Marchetti and Chris Zeuli provided financial information on the Stillwater Firefighters' Relief Association; requested Council ratification of its bylaws; and approval to move to a$6,500 lump sum payment. City Administrator McCarty pointed out that, given the fund's current liability versus their"on- hand"range,it appears that the Council would be able to move to$6,500 and have plenty of room. City Attorney Magnuson offered to bring a resolution to the next meeting for action. Water Board - Possible adoption of resolution of support of legislative action on DNR/White Bear Lake Water Department Manager Robert Benson informed the Council it has been determined that Stillwater's Well #11 is within four feet of the five-mile measurement from the edge of White Bear Lake. The Water Board has retained City Attorney Magnuson to work on their behalf, and has sent a letter to the Department of Natural Resources (DNR) to request a contested case hearing. Mr. Benson added that the Board has 60 days from March 28 to perfect an appeal to the Minnesota Court of Appeals. City Attorney Magnuson added that he will petition for a "friend of the court" brief in order to make the Water Board's interests known to the Court of Appeals. Water Board President Steven Speedling stated that the Board will continue to communicate with the Council through liaison Menikheim and Manager Benson,perhaps through a monthly Council report. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2018-066, resolution supporting House File (HF) 4003 and Senate File (SF) 3573 regarding Minnesota Department of Natural Resources (DNR) actions related to White Bear Lake Level Litigation and Order by Ramsey County District Court in that lawsuit(62-CV-13-2414). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Page 2 of 10 City Council Meeting April 3, 2018 STAFF REPORTS Community Development Director Turnblad reported that Mills on Main management has applied to amend their use permit to strike the condition requiring public access to their commercial garage. The Council will look at this the meeting on May 1st, when the public hearing on the requested amendment is held. Public Works Director Sanders reported that he met with Kent Skaar from the DNR Acquisition and Development Section, about one of the St. Croix River Crossing project mitigation items, which is $1.2 million set aside for construction of a boat launch on the St. Croix River. The DNR is working on a boat launch site in Oak Park Heights under the new bridge. The estimated cost of that launch is $800,000, so there should be $400,000 remaining for another boat launch along the St. Croix River. Mr. Skaar asked if the City is still interested in the site discussed a few years ago near the lift station, for either a motorized boat launch or a non-motorized site for canoes and kayaks. Councilmember Junker stated he would prefer more passive uses for that site,rather than a bunch of trailers when there is already a boat launch right under the bridge. Councilmember Polehna countered that there are no good launch spots on the river. Council consensus was to explore options for another boat launch. Finance Director Harrison informed the Council that the auditors are here this week. City Administrator McCarty reminded the Council of the following: April 11 Chamber annual State of the City Presentation; April 19 Metro Cities annual meeting; June 20 St. Croix River Association workshop. Mayor Kozlowski recessed the meeting at 5:56 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, and Mayor Kozlowski Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Finance Director Harrison 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. APPROVAL OF MINUTES Possible approval of minutes of the March 20, 2018 regular meeting Motion by Councilmember Junker, seconded by Councilmember Weidner,to approve the minutes of the March 20, 2018 regular meeting. All in favor. Page 3of10 City Council Meeting April 3, 2018 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS There were no petitions, individuals, delegations or commendations. OPEN FORUM Matthew Ludt, one of the board of directors for River Market Community Coop,thanked the City for its support over the years. CONSENT AGENDA Resolution 2018-058, Directing the Payment of Bills Resolution 2018-059, approval of 2018 special event and contract for the Stillwater Half Marathon/10k/5k Resolution 2018-060, a resolution approving the Development Agreement with Oak Green Villa, LLC, and Ancho Bay Pro, Inc., for the Parkwood Lane Townhome Development (Case No. 2017-69) Resolution 2018-061, approving Minnesota Premises Permit for Lawful Gambling for Bayport American Legion Post, 491 at Portside located at 317 Main Street S., Stillwater, Minnesota Resolution 2018-062, approval of SpyGlass Snapshot Audit Agreement Possible approval of sanitary sewer adjustment Resolution 2018-063, approval of Joint Powers Agreement for a Washington County Mobile Field Force Unit Resolution 2018-064, Findings and Resolution Authorizing Expenditure of funds from Tax Increment District No. 1, Within Development District No. 1 Possible approval of basketball court rehabilitations Resolution 2018-065, approving contract with RES Specialty Pyrotechnics Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None PUBLIC HEARINGS 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. (Tabled from the March 6,2018 meeting at the applicant's request.) Community Development Director Turnblad informed the Council that Paul Bruggeman is requesting approval of a 5' variance to the 25' Rear Yard setback for the construction of a 12' deep rear deck on a single-family home. On January 10, 2018, the Planning Commission denied the 5' variance request on the basis that practical difficulty had not been established.Mr.Turnblad went on to explain that lots in this area are shallow (only 100 feet deep) in comparison to other areas of the City, and that most houses are much closer to the lot line than 20'. Therefore, staff finds that the project is in harmony with the general purposes and intent of the Zoning Code and is consistent with the Comprehensive Plan. Additionally, the construction of a rear deck is reasonable and, if constructed, will not alter the essential character of the neighborhood. Staff recommends approval of the variance with five conditions. Page 4 of 10 City Council Meeting April 3, 2018 Mayor Kozlowski opened the public hearing. Becky Dawson-Cox, 417 West Cherry Street, who lives straight down the hill from the property, commended City Staff for helping her understand the process. She stated she is concerned about adding to existing drainage problems. She asked the Council to deny the variance. Paul Bruggeman, contractor, stated that if he builds the home without a deck,the homeowner will probably come back later to request a deck. He stated the deck will not create any drainage issues or change the existing drainage conditions. Mayor Kozlowski closed the public hearing. Councilmember Weidner remarked that he is not in favor of variances unless there is a provable hardship. Mayor Kozlowski agreed with the builder that this deck will not contribute to any drainage issues. Community Development Director Turnblad stated that a deck can be designed so water flows through the deck. Part of reason for the deck rather than a patio is probably because the property drops off in the back. Councilmember Polehna stated he does not see a hardship. He asked if the deck could be wider. Mr. Bruggeman responded if a 12' deck is not acceptable, a 10' deck may work, but a 7' deck would not be useable. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to deny the variance request. Ayes: Councilmembers Weidner, Polehna, Mayor Kozlowski Nays: Councilmembers Menikheim and Junker Case No. 2018-09. A public hearing to consider a request by Boutwell Farm, LLC, property owner and Kevin von Riedel,applicant,for the consideration of a Preliminary Plat,Zoning Map Amendment and any Variances related thereto, for the property(Boutwell Farms)located at 12588 Boutwell Road in the PROS District. Councilmember Weidner recused himself from the discussion and vote. Community Development Director Turnblad stated that Kevin von Riedel,Boutwell Farms,LLC, has submitted a subdivision application and development plans for a 10 lot single-family subdivision at 12588 Boutwell Road. A request was also submitted to change the zoning of the property from AP, Agricultural Preservation to RA, Single Family Residential. Boutwell Farms will be served by a public road, to be called Boutwell Farm Road. Lot 7, the largest lot will continue to have the Boutwell historic homestead structure. The road will temporarily have access to Boutwell Road over an easement encumbering Lot 10. When the abutting property to the east develops, Boutwell Farm Road will be extended through that neighboring property and intersect with Boutwell Road in alignment with Minar Avenue.At that time,the temporary road connection will be removed. In order to develop the property as proposed, the applicant has requested: 1) Rezoning of the property to RA, Single Family Residential; and 2) Preliminary Plat approval of Boutwell Farms,a 10-lot single family subdivision. Staff recommends approval of the Preliminary Plat with 13 conditions, and first reading of the rezoning ordinance. Councilmember Junker asked if there are any plans at present for development of the property to the east. Community Development Director Turnblad stated no. Page 5of10 City Council Meeting April 3, 2018 Councilmember Polehna asked why the applications are coming to the Council before Brown's Creek Watershed District(BCWD)approval. Mr.Turnblad replied that before the final plat comes to the Council, it has to be approved by the BCWD. Mayor Kozlowski opened the public hearing. Kevin von Riedel, Boutwell Farm LLC, stated that the BCWD is scheduled to review the permit on April 11.He further explained that the Boutwell Farm house had a demolition permit in place, the demolition was stayed, and the Washington County Historical Society bought the site and were attempting to renovate the house. Their plans changed, the property came up for sale, and he has several builders now who are interested in redoing the house. The south and east façade of the Boutwell house will be required to remain the same. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2018- 067, a resolution approving the Preliminary Plat for Boutwell Farms (Case No. 2018-09). Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Abstain: Councilmember Weidner Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt first reading of an Ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately five acres to RA, Single Family Residential, Case No. 2018-09. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Abstain: Councilmember Weidner Case No. 2018-01. A public hearing to consider a request by the City of Stillwater, applicant for the consideration of a Zoning Text Amendment to amend the City Code by adding exterior residential lighting standards. Mayor Kozlowski announced the applicant requested the hearing be tabled to the April 17, 2018 meeting. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Junker,seconded by Councilmember Weidner,to table the public hearing to consider a request by the City of Stillwater for a Zoning Text Amendment to amend the City Code by adding exterior residential lighting standards, to the April 17 City Council meeting. All in favor. UNFINISHED BUSINESS Possible approval of Agreement with Stillwater Library on shared position City Administrator McCarty explained that he and the library director have been discussing sharing a housekeeping position between the Library and the City. The agreement would increase the position to full time, with the City to pay for 20 hours of service per week at City Hall. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2018-068, approval of agreement with the Stillwater Public Library. Page 6 of 10 City Council Meeting April 3, 2018 Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna and Mayor Kozlowski Nays: None Slow Wake Zone Update City Administrator McCarty informed the Council that there is a series of data sets required by the DNR in order for the City Council to recommend the creation of a slow/no wake zone for a portion of the river that abuts the City. A public hearing could be set for April 17. He provided a map showing the 150 foot mark into the river from the seawall, and enumerated the options for the zone: 100 feet from shoreline, 150 feet from shoreline, or across the whole body of water if the need exists. Mayor Kozlowski stated from a public safety standpoint,he thinks the slow/no wake zone should run the length of the levy wall where people are walking, and it should incorporate the entire width of the river. Councilmember Polehna stated law currently prohibits the creation of a wake under a bridge. If the zone is established, he feels it should be the whole width of the river and from levy wall to levy wall. City Administrator McCarty agreed to post the public hearing for April 17, for the creation of a slow/no wake zone to incorporate the entire width of the river for the area from the Dock Cafe to Mulberry Point. NEW BUSINESS Possible approval of Westridge final plat and development agreement Community Development Director Turnblad stated that Kevin von Riedel, Westridge Development, LLC proposes to develop a 14 lot single-family development at 12991 Boutwell Road. The preliminary plat and rezoning for this project were approved by the Council on January 16, 2018. The developer is now requesting approval of the final plat and development agreement. Staff recommends approval of the final plat and development agreement. Councilmember Weidner recused himself from the discussion and vote. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2018-069, a resolution approving the Final Plat for Westridge (Case No. 2018-08). Ayes: Councilmembers Menikheim, Dunker, Polehna, Mayor Kozlowski Nays: None Abstain: Councilmember Weidner Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2018-070, a resolution approving the Development Agreement for Westridge (Case No. 2018-08). Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Abstain: Councilmember Weidner Page 7 of 10 City Council Meeting April 3, 2018 Possible approval to submit application for SAFER grant Fire Chief Glaser explained that the U.S. Department of Homeland Security, Office of Domestic Preparedness is accepting applications for the Staffing for Adequate Fire and Emergency Response (SAFER) Grants. The purpose of this program is to award funding directly to fire agencies to hire additional firefighters to provide 24-hour staffing and enhance the department's ability to meet minimum staff response standards. The program is designed as a cost sharing program spread out over a three-year period. The initial step in the grant application process is to receive approval from the governing body to move forward with the application. The application deadline is Friday, April 27. He requested Council approval to proceed with the grant application process. Chief Glaser added that the Department is currently short eight paid on-call people. Councilmember Polehna stated he would like to see the staffing plan first.Fire Chief Glaser stated he could provide that detail by April 17. The item was tabled to the April 17 meeting. Possible approval of a Lease Agreement with the Minnesota State Armory Building Commission Community Development Director Turnblad stated that the Minnesota State Armory Building Commission(MSABC)has requested the City Council approve a Lease Agreement for the shared use of portions of the Stillwater National Guard Readiness Center(the Armory). He explained the items and terms that are proposed to be part of the lease. It cannot be used for free because the parties who originally negotiated with the City are not the parties who write the lease agreements and contracts. Councilmember Junker expressed surprise that the Armory has been open for about a year and now the City is asked to enter a lease agreement. Councilmembers Polehna and Weidner shared Councilmember Junker's frustration. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution 2018-071, a resolution entering into Agreement with the Minnesota State Armory Building Commission for Leased Armory Space. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Kozlowski Nays: Councilmember Junker Possible approval of Cooperative Agreement with Washington County for County Road 5 Improvement Project Public Works Director Sanders stated that Washington County has submitted, for City approval, the Cooperative Agreement for the Construction Cost of CSAH 5. The project located between Curve Crest Boulevard and Pine Tree focuses mainly on pedestrian safety between Oak Ridge Road and Deer Path. The agreement lists responsibilities of the City and the County. The estimated construction cost is $1.54 million and the estimated cost to the City is $444,117,which includes construction, design, engineering and right-of-way costs. The City would use its Municipal State Aid fund and the Stillwater Water Board to pay for the project. Staff recommends approval of the Cooperative Agreement. Motion by Councilmember Junker,seconded by Councilmember Polehna,to adopt Resolution 2018- 072, approving agreement between Washington County and the City of Stillwater for County State Aid Highway 5, County Contract 11381. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna and Mayor Kozlowski Nays: None Page 8 of 10 City Council Meeting April 3, 2018 Possible approval of Cooperative Agreement with Washington County for County Road 24 Improvement Project Public Works Director Sanders reported that Washington County has submitted for City approval the Cooperative Agreement for the construction cost of CSAH 24. The project, located in Baytown Township, Oak Park Heights and Stillwater, is primarily a road rehabilitation project with the addition of trails and sidewalks in Stillwater and Oak Park Heights. The agreement lists responsibilities of the City and the County. The Water Board requested a segment of water main be included in the project that would loop the water main between 63rd Street and the cemetery entrance. The estimated construction cost of the project is $3.4 million and the estimated cost to the City is $160,000,which includes construction, design,engineering and right-of-way costs and the Water Board costs. The City would use its Municipal State Aid funds and the Stillwater Water Board to pay for the project. Staff recommends approval of the Cooperative Agreement. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2018-073, approving agreement between Washington County and the City of Stillwater for construction cost of County State Aid Highway 24, County Contract 11411. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS Councilmember Weidner asked if the City is any closer to documenting all its leases. City Administrator McCarty stated he will have a summary of the City's leases,primarily in downtown area, at the next meeting. COUNCIL REQUEST ITEMS Councilmember Polehna reminded the Council of the 10 a.m. April 14 Parade of Champions downtown Stillwater, in honor of the three Minnesota State High School championships - alpine team, nordic team, gymnastics team - and Olympic Champion Jesse Diggins who attended Stillwater High School. Councilmember Polehna also mentioned that day is the community showcase at the Stillwater Area High School. He added that he was talking with the Mayor of Oak Park Heights about having a joint meeting between Stillwater, Oak Park Heights and Bayport Councils. Council consensus was to authorize City Administrator McCarty to organize a joint meeting to discuss sharing services and any other common issues. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Weidner, to adjourn the meeting at 8:23 p.m. All in favor. Ted K zo owski, ayor ATTEST: /'. (-2)114/141-4 Jif Thomas McCarty, Act' g City Clerk Page 9 of 10 City Council Meeting April 3, 2018 Resolution 2018-058, Directing the Payment of Bills Resolution 2018-059, approval of 2018 special event and contract for the Stillwater Half Marathon/10k/5k Resolution 2018-060, a resolution approving the Development Agreement with Oak Green Villa, LLC, and Ancho Bay Pro, Inc., for the Parkwood Lane Townhome Development (Case No. 2017-69) Resolution 2018-061, approving Minnesota Premises Permit for Lawful Gambling for Bayport American Legion Post, 491 at Portside located at 317 Main Street S., Stillwater, Minnesota Resolution 2018-062, approval of SpyGlass Snapshot Audit Agreement Resolution 2018-063, approval of Joint Powers Agreement for a Washington County Mobile Field Force Unit Resolution 2018-064, Findings and Resolution Authorizing Expenditure of funds from Tax Increment District No. 1, Within Development District No. 1 Resolution 2018-065, approving contract with RES Specialty Pyrotechnics Resolution 2018-066, resolution supporting House File (HF) 4003 and Senate File (SF) 3573 regarding Minnesota Department of Natural Resources (DNR) actions related to White Bear Lake Level Litigation and Order by Ramsey County District Court in that lawsuit(62-CV- 13-2414) Resolution 2018-067, a resolution approving the Preliminary Plat for Boutwell Farms (Case No. 2018-09) Resolution 2018-068, approval of Agreement with the Stillwater Public Library Resolution 2018-069, a resolution approving the Final Plat for Westridge (Case No. 2018-08) Resolution 2018-070, a resolution approving the Development Agreement for Westridge (Case No. 2018-08) Resolution 2018-071, a resolution entering into Agreement with the Minnesota State Armory Building Commission for Leased Armory Space Resolution 2018-072, approving agreement between Washington County and the City of Stillwater for County State Aid Highway 5, County Contract 11381 Resolution 2018-073, approving agreement between Washington County and the City of Stillwater for construction cost of County State Aid Highway 24, County Contract 11411 Page 10 of 10