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HomeMy WebLinkAbout2018-04-17 CC MIN illwater 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota WWW.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES April 17, 2018 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim,Weidner, Polehna, Mayor Kozlowski Absent: Councilmember Junker 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 Engineering/Public Works Administrative Assistant Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of the April 3. 2018 regular and recessed meeting minutes Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to approve the April 3, 2018 regular and recessed meeting minutes.All in favor. PETITIONS, INDIVIDUALS,DELEGATIONS &COMMENDATIONS Certificate of Achievement- Noah Schraut Mayor Kozlowski commended Noah Schraut, a Stillwater Area High School student who qualified for the National Speech and Debate Association Tournament and was named 2018 Student of the Year by the Minnesota Central Speech District. Presentation of Fire Department Staffing Study - Lane Wintermute. Consulting Division Director, Emergency Services Consulting International Fire Chief Glaser introduced Lane Wintermute from Emergency Services Consulting International (ESCI). Mr. Wintermute provided an evaluation of current conditions, an analysis of service delivery and response delivery, and a staffing needs assessment. He stated the evaluation indicates that the Stillwater Fire Department is adequately staffed for a single incident of average size,but staffing is compromised for events of multiple incidents. For larger incidents, the department is very dependent on mutual aid which is common for most departments. Recommendations include increasing the use of administrative and support volunteers, assessing and modifying the administrative assistant workload, City Council Meeting April 17, 2018 increasing numbers of emergency response personnel as funding allows, and actively pursuing SAFER grant funding to supplement emergency response staffing. Mayor Kozlowski asked how mutual aid impacts staffing, noting that it seems like Stillwater provides a lot more mutual aid than it receives; and Mr.Wintermute replied that it depends on the number of people who are able to get to an emergency within an acceptable timeframe. Stillwater's dependence on mutual aid is fairly high for larger incidents. On a question from Councilmember Weidner whether or not the study complete; Mr. Wintermute answered that this portion of the study is complete. The next step will be a strategic planning process with the Fire Chief, and a public community forum to establish goals and objectives based on the findings of the study. This should occur in mid-May. Councilmember Polehna asked if most fire departments respond to every traffic accident; and Mr.Wintermute responded that most fire departments do respond to traffic accidents. Each department handles emergency medical calls uniquely. On a question from Councilmember Menikheim about how triage is done, Chief Glaser explained that when a 911 call comes in, it is triaged at Washington County Dispatch. The Stillwater Fire Department responds to Level 1 incidents automatically in the 61 square miles that the department covers. Councilmember Weidner asked as part of strategic goal setting, are community standards developed and discussed, and Chief Glaser answered that when the community meeting is held, the Council will be encouraged to join the discussion. In addition, groups like home owners' associations,the hospital board, and other elected officials may also be involved in setting the expectations for service levels. Sculpture Tour- Julie Pangallo Julie Pangallo, ArtFarm LLC, informed the Council that she would like to start the next Sculpture Tour after July 4. In the past the Council has supported the program with $1,500 from the beautification fund and she requests this be done again. She explained the sponsorship opportunities. City Administrator McCarty agreed to bring back an agreement with River City Sculpture Tours for action at a future meeting. St. Croix River Association - Natalie Warren Natalie Warren, St. Croix River Association, presented Best Practices for Zoning Applications, a resource developed to assist landowners in understanding the riverway protections. Library Events Update Library Board President Mike Kelleher introduced Sandy Ellis, new Events and Venue Coordinator. Mr. Kelleher stated that the Library Board has been working with neighbors to resolve event-related issues and intends to continue the constructive positive relationships with neighbors. Library Director Mark Troendle reviewed the Stillwater Public Library Events Policy and Procedures,which were adopted at the February Board meeting. City Attorney Magnuson reported that due to a flaw in the zoning ordinance, outdoor activities are not a permitted use in the public administration district.The zoning ordinance Page 2 of 13 City Council Meeting April 17, 2018 may be changed slightly to permit outdoor entertainment with a conditional or special use permit.With the Council's direction,he and Community Development Director Turnblad can prepare a draft for review at the next meeting. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to direct staff to draft an amendment to the outdoor event section of the zoning ordinance for the public administration district.All in favor. OPEN FORUM Mary Ann Sandeen, 650 North Main Street, Friends of Stillwater Public Library, informed the Council that the spring book sale at the library starts April 18 at 5 p.m. Ed Otis, 12070 - 87th Street Circle North, voiced support for the Fire Department and for increasing the number of firefighters. STAFF REPORTS Community Development Director Turnblad stated that the Comprehensive Plan Advisory Committee will meet next Wednesday at 6:30 p.m. and the Historic Resources Chapter advisory group will meet tomorrow night.The Community Survey closes tonight and results will be analyzed. Councilmember Polehna asked Mr. Turnblad to set up a joint meeting between the Council and Planning Commission. Public Works Director Sanders stated MnDOT will start the second phase of the loop trail this week. For the next two weeks there will be lane closures on Highway 95 between 9 a.m. and 3 p.m.Highway 95 will be closed at some point in May for 21 days for storm sewer work and slope stabilization. The project should be completed by the end of August. Finance Director Harrison reported that the 2017 audit is complete. City Attorney Magnuson stated that the developers of The Lakes at Stillwater asked the City to help them sell 501(c)3 tax-exempt bonds to finance the project. However, the amount of the bonds would take up the City's small issuer $10 million exemption. So they approached the City of Bethel,which agreed to issue$35 million of these bonds, and asked Stillwater to be the host city. The public hearing needs to be set for the second meeting in May. The Council will then have to adopt a resolution for a housing program for the project and approve a cooperative agreement with the City of Bethel. Ultimately there is no risk to the City.All expenses of the bonds will be covered by the developers. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2018-085, resolution calling for a Public Hearing and approving publication of a Notice of Public Hearing with respect to Host City approval of the issuance of revenue bonds by the City of Bethel under Minnesota Statutes, Chapter 462c. Ayes: Councilmembers Menikheim,Weidner, Polehna and Mayor Kozlowski Nays: None City Administrator McCarty noted a new sculpture in the City Hall being hosted this week for the Partnership Plan.The City's annual report is done and will be posted on the web site. Hearings were held in the House and Senate on March 20 and April 12 regarding State bonding bill legislation for funding assistance for the St. Croix Riverbank restoration. It is moving on to a joint conference committee on Capital Investments. Concerning the Page 3 of 13 City Council Meeting April 17, 2018 Stillwater Residence on the South Hill, staff has been working with stakeholders and community members to resolve concerns. He reminded the Council of the League of Minnesota Cities annual conference in June in St. Cloud. Staff is working on setting a joint meeting between Stillwater, Bayport and Oak Park Heights to discuss collaborative efforts among the three cities. CONSENT AGENDA Resolution 2018-074, directing payment of bills Resolution 2018-075, approving findings of fact for the Bruggeman variance appeal denial Resolution 2018-076, Resolution approving the new On-sale (Monday-Saturday) and Consumption&Display Permit (Sundays Only) for the Loft of Studio J Possible approval of purchase of Floor Sweeper/Scrubber- Public Works Resolution 2018-077, approving cooperative agreement between the City of Stillwater and Washington County for maintenance of County State Aid Highway (CSAH) 5 and CSAH 24 (County Contract 11382 and 11535) Resolution 2018-078, approving cooperative agreement between the City of Stillwater and Washington County for maintenance of traffic signal system at the intersection of County State Aid Highway (CSAH) 5 (County Contract 11383) Resolution 2018-079, approve No Parking along portions of Osgood Avenue (County State Aid Highway 24) from 62nd Street North to West Orleans Street (Project SAP 082-624-009,169- 020-008) Resolution 2018-080, approval of agreement with the East Metro Public Safety Training Facility Resolution 2018-081, resolution approving lease of dock space from St. Croix Boat& Packet Resolution 2018-082, establishing No Parking on Stillwater Boulevard/Olive Street (County State Aid Highway 5) from Willard Street to Deer Path Resolution 2018-083, resolution declaring a State of Emergency Resolution 2018-084, approval of entering into a Master Partnership Contract with the State of Minnesota Department of Transportation Possible approval of utility bill adjustment Possible approval of temporary liquor license for St. Croix Catholic School Fundraiser on May 19, 2018 Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim,Weidner, Polehna and Mayor Kozlowski Nays: None PUBLIC HEARINGS A public hearing to consider the establishment of a Slow No Wake Zone on the St. Croix River from South Levee Wall (Dock Café) to the North Levee Wall (Mulberry Point) extending from the Minnesota shoreline to the Wisconsin shoreline City Administrator McCarty provided a map showing the proposed no wake zone area. Holding the public hearing is the first of many steps; testimony will be summarized and Page 4of13 City Council Meeting April 17, 2018 submitted to the Department of Natural Resources (DNR). The process could take up to a year and a half after submitting the information to the DNR. Staff will bring back a formal resolution with findings from tonight and a map depicting the area recommended to the DNR for the slow no wake zone. Mayor Kozlowski opened the public hearing. Andy Malon, 13200 St Croix Trail North, spoke in favor of a slow no wake zone. He operates the gas dock at Stillwater Marina. Bill Buth, 129 E Dock,Mulberry Point Yacht Harbor summer resident,stated a no wake zone will provide a safer environment for boaters and visitors. He referenced letters from two other Mulberry Point Yacht Harbor members who also support the no wake zone. Michelle Lee, Dock A summer resident, spoke in favor of a no wake zone extending past Mulberry Point. She related incidents in which she and family members almost fell in the water going to her boat due to a wake. Rob San Cartier, 216 Owens Street South,stated he opposes a no wake zone as it would limit the use of the river for recreation. Emmerson Ward, 2700 Manning Avenue South,Woodbury,spoke in favor of a no wake zone which would provide opportunities for slower craft and additional commerce for the City. Brian Utecht, Croixwood resident, stated he strongly opposes a slow no wake zone because it would hinder the recreational use of the river. He stated marinas have other options to break down waves and calm water, and existing laws address many of the concerns. He voiced concerns about whether alcohol would be allowed in Lowell Park and whether Lowell Park would become a boat parking lot. Wyatt Nelson, 12191 87th Street North, suggested establishing certain dates for a no wake zone. Cindy Ross, slip owner and business owner, stated she is in favor of a no wake zone. As a paddle boarder she feels the most treacherous stretch of the river is at Stillwater due to the wakes. People tend to procrastinate and then race to get under the lift bridge when it is raised. Dan Meyer, 311 Northland Avenue,stated he opposes a no wake zone. He believes the other no wake zones along the river exist because of structural objects sticking out. He feels the reason for this no wake zone would be to serve a small group of people. John Kerschbaum, 11251 Arcola Trail North,Gondola Romantica owner,stated he is in favor of a no wake zone. He thanked the boaters who are safety conscious and respect river users around them. He related several instances in which boat wakes caused him to lose control of the gondola. Brian Carter,Wolf Marina summer resident, stated the marina already has a no wake zone, as does Sunnyside. He opposes a no wake zone stretching across the river. Rick Hill, 1619 Pine Street West, spoke in opposition to a no wake zone, which he stated would benefit only a small group of people. He feels there should be no boat parking along the levee wall. He prefers better enforcement of existing river rules. Page 5 of 13 City Council Meeting April 17, 2018 Jim Chirpich, 1704 Oak Street, spoke in favor of a no wake zone. He referred to a 1991 resolution, adding no wake buoys in front of Stillwater, which was challenged. He believes the no wake zone will draw more people to downtown and make the area safer. Ken Wolf,Wolf Marina,stated 98% of the people are not bad boaters. He opposes a no wake zone and would prefer more enforcement of existing rules. He is happy the City is becoming more boater-friendly and would like to see more City docks. He feels kayakers and paddle boarders should use the north part of the river. Mayor Kozlowski closed the public hearing. Mayor Kozlowski stated he understands that public safety is the DNR's only consideration in establishing a no wake zone. He always understood that no wake is to be created within 100 foot from shore structures. He has questions about enforcement relative to current rules. City Administrator McCarty stated in staff discussions with the DNR, they look very closely at the enforcement agencies' input on any proposed slow no wake zone in terms of public safety. The DNR received notice of the public hearing and a copy of the map but has not provided any comment. Councilmember Weidner pointed out that the bridge approaches narrow the navigable part of the river by roughly 40%. He feels the river is for everybody and believes there is a public safety issue for motorized and non-motorized vessels in that area. Mayor Kozlowski remarked that the channel gets very narrow when water is high.The bulk of the incidents he has seen have been right out in front of Stillwater. When accidents happen it gives the community a black eye. His biggest concern is public safety. He believes a no wake zone would take 4-5 minutes at most for boaters to go from end to end. Going slow under the bridge is a small price to pay. However,he feels the City must be careful not to allow too many boats to tie up in Lowell Park blocking the view of the river. Councilmember Menikheim noted he was in and out of hundreds of ports over his Naval career and every one of them had regulations regarding speed. Times have changed and there are more non-motorized craft on the water. The City needs to protect its shorelines and a no wake zone is a good start. Councilmember Polehna commented that as an avid fisherman, he has experienced big cruisers almost throwing him into the pillars of the bridge while fishing. He has tied up to the levee wall with no problem. He dislikes no wake zones but recognizes something needs to be done around the bridge to slow the boats. Motion by Councilmember Menikheim, seconded by Councilmember Weidner,to direct staff to draft a resolution recommending that the DNR establish a slow no wake zone on the St. Croix River from South Levee Wall (Dock Café) to the North Levee Wall (Mulberry Point) extending from the Minnesota shoreline to the Wisconsin shoreline. Ayes: Councilmembers Menikheim,Weidner, Mayor Kozlowski Nays: Councilmember Polehna Page 6 of 13 City Council Meeting April 17, 2018 A public hearing to consider the street and sidewalk improvements for Third Street South (Project 2018-09, L.I. 418) Public Works Director Sanders explained that Washington County will reconstruct South Third Street from Walnut Street to Chestnut Street this summer. The project primarily consists of removing and replacing the existing concrete pavement, curbs and sidewalks. Three components of the project will require cost participation with the County: 1) Curbs will be replaced on the entire length of the project. On the east side of Third Street,the curb will be moved in toward the street to allow for a wider sidewalk. The County has proposed bump outs at all intersections on Third Street to provide for better visibility and shorter walking distances for pedestrians; 2) Since Third Street is being constructed, it is proposed that the existing one inch water service to the Armory building from Third Street be replaced with a new six inch water service to serve the property for future use; 3) The County is proposing to replace the retaining wall located at the southeast corner of Third and Chestnut (National Guard Armory property). This wall supports the street and the sidewalk and is in poor condition. The overall project cost is estimated to be $1,500,000 primarily funded by Washington County.The estimated cost of the three cost-share items is $278,584. It is proposed that a portion of these costs be assessed to property owners along Third Street. Mayor Kozlowski opened the public hearing. Walter Wdowychyn, 519 Third Street South, spoke in favor of the project, but expressed concerns about whether there will be green space. Mr.Sanders stated there will be no grass area between the curb and sidewalk. There are no raingardens proposed for the project. Don Kerr, Executive Director of Department of Military Affairs, owner of the Armory, expressed support for the project.There is a current purchase agreement with a buyer and they appreciate the ability to leave the property in a marketable condition. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2018-086,ordering improvement and preparation of Plans&Specifications for the Third Street South Improvement Project (Project 2018-09). Ayes: Councilmembers Menikheim,Weidner, Polehna and Mayor Kozlowski Nays: None A public hearing to consider the 2018 Street Improvement Project Public Works Director Sanders reviewed the project, which will replace pavement on the streets in the West Lily Lake and Interlachen neighborhoods. Curb and gutter sections that are settled, heaved, or badly cracked will also be removed and replaced. Deteriorated catch basins and manholes would be repaired or replaced and sump manholes added. The concrete pavement in Union Alley will be removed and replaced with 6 inches of aggregate and 4 inches of asphalt.All residential streets would have the top 1.5-inches of bituminous surface milled and overlaid with 1.5-inches of bituminous. Industrial Avenue and Curve Crest Boulevard would have a 2 inch mill and overlay. Settled,heaved or badly cracked curb sections and sidewalks will be replaced along with all intersection pedestrian ramps to meet ADA requirements. Catch basins and sanitary manholes will be reviewed to determine if the top section of rings need to be rebuilt. The median in Curve Crest would have the existing Page 7of13 City Council Meeting April 17, 2018 asphalt removed and replaced with concrete and two unused turn lanes replaced with a median. The total estimated cost of the project is $2,156,021 including design, surveying, inspection, administration, and contingencies. Cost of the project would be funded through assessments, permanent improvement bonds and State Aid funds. He explained the assessment roll and the project schedule. Construction will occur from June to October 2018. Mayor Kozlowski opened the public hearing. Don Rice, owner of Stillwater Veterinary Clinic, 2020 Curve Crest Boulevard, protested the 100% assessment rate for Curve Crest. He agrees that the road needs repair, but feels the wear and tear has little to do with Curve Crest businesses and is primarily due to developments to the west. Councilmember Weidner asked Mr. Sanders to explain the 100% assessment; and Public Works Director Sanders replied that the City's assessment policy for the industrial park is to assess 100% to property owners. He added that of the project cost estimate, $723,000 was for Curve Crest and Industrial Boulevard,but the assessments do not include any of the median work which will be funded by State Aid money. Councilmember Weidner pointed out that assessments are limited to the increase in property values to those assessed. Mayor Kozlowski empathized with Dr. Rice's concern and added that the assessment policy is not perfect. If a property owner can get an appraisal that contradicts the added value resulting from the reconstruction, the assessment may be appealed. Historically, the increase in value always exceeds the amount assessed. Colleen Hoover, 280 Bayberry Avenue Court,spoke in opposition to the assessment and the project in general.She questioned why the existing aggregate must be removed. Mr.Sanders responded that 3.5 inches was used 30 years ago. The road is not solid enough to do only mill and overlay. The 3.5 inches will be replaced with 4 inches to provide a better road surface. Prices and assessments will be adjusted in relation to the actual bids when they come in. Ms. Hoover noted the wear and tear on her street is most likely caused less by residential traffic and more by City vehicles clearing the streets in the winter. She argued that there will be no increase in value to her property and the proposed assessment does not pass the constitutional hurdle required to levee the assessment. Dean Hansen,402 South Sixth Street,spoke in favor of the project and stated the repairs are needed. Scott Wille, 1302 Pine Street West, stated he is in favor of the project. He understands the point of view of those opposed,but feels roads need regular maintenance. Thad Rich, 232 Sherburne Street North, suggested that the City turn over the small portion of land between the street and the properties to the property owners. David Malchow, 129 William Street,asked what recourse the City has if the paving company does a poor job. Mr. Sanders stated the work has a one year warranty. Larry O'Connor, Larry's Floor Covering, Commercial Street, asked if the sidewalks will be widened. Mr. Sanders stated sidewalks will not be widened on Commercial Street. Page 8of13 City Council Meeting April 17, 2018 Mayor Kozlowski closed the public hearing. Councilmember Weidner noted there was discussion about widening sidewalks on Commercial a few years ago. Mr. Sanders acknowledged there was discussion about widening sidewalks between Main and Second and making Commercial a one-way street but that was dropped due to opposition from property owners. If done in the future, there are ways to widen the sidewalk so it would not damage the new road surface. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2018-087,ordering improvement and preparing of Plans and Specifications for the 2018 Street Improvement Project (Project 2018-02). Ayes: Councilmembers Menikheim,Weidner, Polehna and Mayor Kozlowski Nays: None UNFINISHED BUSINESS St. Croix Valley Recreation Center Dome project financial background City Administrator McCarty stated that on April 3, 2018 the Council requested further financial information regarding the proposed St. Croix Valley Recreation Center improvements to replace the dome structure and turf, including enlarging the playing field and supporting structures to accommodate a regulation size soccer field. Cost estimates are approximately $5,000,000, including A&E fees, contingencies and construction costs. He presented a proposed funding breakdown. Payment of the debt service for the G.O. Revenue Bond would be from St. Croix Valley Recreation Center annual operating revenues in excess of annual operating expenses. The Rec Center has increased its fund balance (operating revenues in excess of operating expenses) by a gross average of approximately $371,000/year over the last five years.Annual debt service on a$2.25 million G.O. Revenue Bond over 15 years is estimated to be $190-210,000/year. Borrowing for the G.O. Revenue Bond would be included in the City's anticipated 2018 bonding bill. Doug Brady,Stillwater Recreation Center Manager,asked the Council to approve the project so it can be completed this summer.The dome would come down around July 4 and go back up around October 15. Councilmember Polehna noted the Vadnais Heights dome collapsed recently. Mr. Brady stated the St. Croix Rec Center dome fabric was expected to last 16-18 years and is now 20 years old. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to allow the Recreation Center dome structure and turf replacement project to move forward. Ayes: Councilmembers Menikheim,Weidner, Polehna and Mayor Kozlowski Nays: None Possible approval of second reading of Ordinance 1104. 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 Number 2018-09 - Boutwell Farms) 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 Page 9of13 City Council Meeting April 17, 2018 zoning of the property from AP,Agricultural Preservation to RA, Single Family Residential. The preliminary plat and first reading of the rezoning ordinance were approved on April 3. The developer is requesting the Council approve the second reading and adopt the rezoning ordinance. Staff recommends approval. Councilmember Weidner recused himself from the discussion and the vote. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Ordinance No. 1104,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, Polehna and Mayor Kozlowski Nays: None Abstain: Councilmember Weidner Possible approval to submit application for SAFER grant Fire Chief Glaser informed the Council 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 noted that approving this request does not commit the City to entering into an agreement or accepting the grant. This request is strictly seeking permission for the fire department to move forward with the grant application process. Councilmember Weidner asked when the final staffing study will be done. He asked for confirmation that the request does not necessarily mean the Department would add staff. Chief Glaser responded that the Council has the authority to accept or decline the grant, if awarded.The recommendation from the staffing analysis was to apply for the grant and add three personnel. Councilmember Weidner asked if the grant is awarded, is it Chief Glaser's expectation that the Department would add personnel, and Chief Glaser replied that would be his expectation. The Department is currently nine paid on call personnel short. He expects one to several full time retirements in the next three years.After the fourth year, it would be up to the City whether to maintain the staff funded by the grant, or let them go. Right now Department's average retention for paid on call staff is a little over two years. Councilmember Weidner stated he does not want there to be a misunderstanding that if the City applies for a SAFER Grant, it implies an acknowledgement that the Department needs to add staff. Mayor Kozlowski asked if the final report on staffing needs could be done by the time the grant would be awarded in September. Chief Glaser responded that he believes so. Page 10 of 13 City Council Meeting April 17, 2018 Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2018-088, approval to apply for Staffing for Adequate Fire and Emergency Response (SAFER) Grant. Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: Councilmember Weidner NEW BUSINESS Discussion on City leases City Administrator McCarty provided a summary of properties owned by the City that are leased to various parties. He reviewed about ten leases or licenses that allow various parties to use City-owned property. Mayor Kozlowski asked for clarification about the Sunnyside license to use City property for their docks, and City Attorney Magnuson stated that their license allows them to place the docks in front of City property. Mayor Kozlowski asked if it is the same with Stillwater Yacht Club and P.D. Pappy's; and City Attorney Magnuson explained the history of the license for P.D. Pappy's patio which is on City property. The gangway to Mr. Malon's gas dock is City owned property. Mr. Malon stated he believes he owns that property. Mr. Magnuson stated they will have to review the surveys. Councilmember Weidner stated his biggest questions have to do with whether the gas dock is on City property and whether P.D. Pappy's patio is on City property, and if so, why P.D. Pappy's is not paying market rate rent to the City.He would like to know about the insurance contracts that protect the City, and also,with regard to Sunnyside,where is the fair market value for that license for Sunnyside to lease or sell commercial docks to their benefit? He does not understand why they should be using City property for free. City Administrator McCarty suggested staff could bring back maps of the area indicating City owned property, along with the terminology of licenses or leases, timeframe for notice to parties if amended or renegotiated, and staff could also research what is a comparable market value lease rate. Request to change part-time building inspector position to full-time Community Development Director Turnblad stated that currently there are the equivalent of 2.5 permanent full time inspectors in the Building Division. However, the work load and building permit revenue justifies 3.0 full time equivalent (FTE) inspectors. Staff is requesting that the 0.5 FTE Inspector be increased to a 1.0 FTE Inspector as of April 30, 2018.The City Administrator and Community Development Director recommend approval. Councilmember Weidner asked if there is a standard for service delivery. Mr. Turnblad explained the standard turnaround times for various permits and for the amount of time inspectors should spend in the field and in the office use national ISO numbers.The amount of revenue generated by the department will cover the costs of the added staffing. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution 2018-089, approving position status request for Building Inspection Division. Ayes: Councilmembers Menikheim,Weidner, Polehna and Mayor Kozlowski Page 11 of 13 City Council Meeting April 17, 2018 Nays: None COMMUNICATIONS/REQUESTS There were no communications or requests. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT TO CLOSED SESSION TO CONSIDER OFFERS FOR THE PURCHASE OF REAL ESTATE, PURSUANT TO MINN.STAT. §13D.05 (121 CHESTNUT E) Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adjourn the meeting to closed session at 11:00 p.m. Ayes: Councilmembers Menikheim,Weidner, Polehna and Mayor Kozlowski Nays: None { c Ted Kozlowski, Mayor ATTEST: . iviac J. homas McCarty,Acting Clerk Resolution 2018-074, directing payment of bills Resolution 2018-075, approving findings of fact for the Bruggeman variance appeal denial Resolution 2018-076, Resolution approving the new On-sale (Monday-Saturday) and Consumption&Display Permit (Sundays Only) for the Loft of Studio J Resolution 2018-077, approving cooperative agreement between the City of Stillwater and Washington County for maintenance of County State Aid Highway (CSAH) 5 and CSAH 24 (County Contract 11382 and 11535) Resolution 2018-078, approving cooperative agreement between the City of Stillwater and Washington County for maintenance of traffic signal system at the intersection of County State Aid Highway (CSAH) 5 (County Contract 11383) Resolution 2018-079, approve No Parking along portions of Osgood Avenue (County State Aid Highway 24) from 62nd Street North to West Orleans Street (Project SAP 082-624-009,169- 020-008) Resolution 2018-080, approval of agreement with the East Metro Public Safety Training Facility Resolution 2018-081, resolution approving lease of dock space from St. Croix Boat& Packet Resolution 2018-082, establishing No Parking on Stillwater Boulevard/Olive Street (County State Aid Highway 5) from Willard Street to Deer Path Resolution 2018-083, resolution declaring a State of Emergency Page 12 of 13 City Council Meeting April 17, 2018 Resolution 2018-084, approval of entering into a Master Partnership Contract with the State of Minnesota Department of Transportation Resolution 2018-085, resolution calling for a Public Hearing and approving publication of a Notice of Public Hearing with respect to Host City approval of the issuance of revenue bonds by the City of Bethel under Minnesota Statutes, Chapter 462c Resolution 2018-086, ordering improvement and preparation of Plans &Specifications for the Third Street South Improvement Project (Project 2018-09) Resolution 2018-087, ordering improvement and preparing of Plans and Specifications for the 2018 Street Improvement Project (Project 2018-02) Resolution 2018-088, approval to apply for Staffing for Adequate Fire and Emergency Response (SAFER) Grant Resolution 2018-089, approving position status request for Building Inspection Division Ordinance No. 1104, 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 Page 13 of 13