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HomeMy WebLinkAbout2018-07-03 CC MIN lllvvater 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota s www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES July 3,2018 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Community Development Director Turnblad Public Works Director Sanders City Clerk Ward OTHER BUSINESS GreenStep Cities discussion Community Development Director Turnblad explained that the 2040 Comprehensive Plan Advisory Committee would like Stillwater to become a GreenStep City. Becoming a GreenStep City would require the dedication of human and other resources. The magnitude of resources would depend upon which of several levels of commitment are chosen. Staff believes that setting a Step Two City goal is manageable. For this, the City would be required to implement 8 of the program's 29 best practices. Councilmember Polehna asked would it benefit the City. Mr. Turnblad replied that it raises awareness that the City is conserving resources. Mayor Kozlowski asked Mr. Turnblad to bring back a list of practices already being employed by the City. Councilmember Menikheim said he would like to see groups like the pollinator friendly group, Chestnut Street plaza planning group, Main Street steps landscaper, and Stillwater Sustainability help implement and advocate the best practices, so it is not just the City's responsibility. Mr. Turnblad agreed to review the 29 best management practices and bring back a status check for Council. Insurance Workgroup Update and possible approval of resolutions for Employee Basic Life Insurance Policy and Employee Ancillary Insurance City Administrator McCarty reviewed the life insurance provided to City employees. Staff recommends increasing its employee basic life insurance policy from $20,000 to $30,000 effective September 1, 2018, through Lincoln Financial as part of the NJPA trust represented by Integrity Benefits, LLC. Staff also recommends accepting Integrity Benefits, LLC proposal for City Council Meeting July 3, 2018 employee voluntary life and accidental death and dismemberment insurance,voluntary short term disability and voluntary long term disability insurance effective September 1, 2018. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2018-142, approving City of Stillwater employee basic life insurance policy effective September 1, 2018. Ayes: Councilmembers Menikheim, Junker, Polehna and Mayor Kozlowski Nays: None Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2018- 143, approving Integrity Benefit LLC's proposal for employee voluntary ancillary life insurance policies effective September 1, 2018. Ayes: Councilmembers Menikheim, Junker, Polehna and Mayor Kozlowski Nays: None Recommendation on City Attorney Civil & Prosecutorial Services City Administrator McCarty stated that the City received seven proposals from law firms for civil services, with annual retainer costs varying from $16,500 - $90,000. A Selection Committee, consisting of Mayor Kozlowski, Councilmember Weidner, the Chief of Police, Community Development Director, Public Works Director, City Clerk, IT Manager and City Administrator, evaluated the proposals. They conducted interviews with the top firms and determined that the proposal submitted by LeVander, Gillen & Miller P.A. for civil legal services with an annual retainer of$75,000 for three years best meets the standards of the RFP. Ms. Korine Land would be the attorney designated to attend the City Council meetings. Motion by Councilmember Junker, seconded by Councilmember Polehna,to adopt Resolution 2018- 144,accepting the proposal of Levander, Gillen&Miller P.A. for provision of civil legal services for the City of Stillwater effective August 1, 2018. Ayes: Councilmembers Menikheim, Junker, Polehna and Mayor Kozlowski Nays: None Mr. McCarty explained that the City received five proposals from law firms for prosecutorial services, with annual retainer costs varying from $90,000 - $120,000. A Selection Committee, consisting of Mayor Kozlowski, Councilmember Weidner, the Chief of Police, Investigative Sergeant, Police Department Data Specialist, City Planner and City Administrator, evaluated the proposals. They conducted interviews with the top firms and determined that the proposal submitted by Kelly & Lemmons P.A. for criminal prosecution legal services with an annual retainer of$99,996 for three years best meets the standards of the RFP. Mr. Joe Kelly would be the City's primary prosecuting attorney. Motion by Councilmember Junker, seconded by Councilmember Polehna,to adopt Resolution 2018- 145, accepting the proposal of Kelly & Lemmons P.A. for provision of criminal prosecutorial legal services for the City of Stillwater effective August 1, 2018. Ayes: Councilmembers Menikheim, Junker, Polehna and Mayor Kozlowski Nays: None Page 2 of 9 City Council Meeting July 3, 2018 STAFF REPORTS Police Chief Gannaway informed the Council that most of the Police Department will be working on July 4. He said to be prepared for traffic delays after the fireworks due to construction throughout the City. Community Development Director Turnblad stated the City has updated its maps and address lists in preparation for the 2020 Census. Public Works Director Sanders reported that the contractor will start downtown work next week. City Administrator McCarty reminded the Council of the Workshop on the Water July 11. He stated the 2019 budget process is underway. Last week the Supreme Court issued a decision that fair share fees paid by employees who are not union members are non-constitutional and the City is notifying affected employees. He acknowledged a communication from the Minnesota Board of Peace Officers Standards and Training stating that the City is in compliance with all standards in regard to training. Mayor Kozlowski recessed the meeting at 5:30 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Community Development Director Turnblad City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of the June 19, 2018 regular meeting minutes Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the minutes of the June 19, 2018 regular meeting. All in favor. PETITIONS, INDIVIDUALS,DELEGATIONS & COMMENDATIONS There were no petitions, individuals, delegations or commendations. Page 3 of 9 City Council Meeting July 3, 2018 OPEN FORUM John Bourdaghs, Shorty's Cleaners, informed the Council the building has been tagged and he would like a response from the Police Department. Police Chief Gannaway responded there is an ongoing investigation and he will keep the property owner informed. CONSENT AGENDA Resolution 2018-137, directing the payment of bills Resolution 2018-138,resolution for State Grant Assistance for St. Croix Riverbank Restoration and Walkway Resolution 2018-139, approving Access Agreement with Kraemer North America, LLC Resolution 2018-140, approval of appointment to Traffic Safety Committee Possible approval of final contract language of 2018 Lumberjack Days Agreement Resolution 2018-141,resolution accepting cash donations Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Polehna and Mayor Kozlowski Nays: None PUBLIC HEARINGS Case 2017-68. A public hearing to reconsider a request by Michael McGrath,property owner for the reconsideration 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 Street South in the BP-I District. Community Development Director Turnblad 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 by Sew With Me, which sells sewing machines as a component of their business. The property is zoned BP-I, Business Park—Industrial,which only allows for retail sales of products manufactured on-site. The business in question does not qualify for this allowance. So,the building owner is asking to allow limited retail sales of products not manufactured on-site. On June 19, 2018, the Council tabled the reading for staff to draft two different versions of an ordinance amending the zoning text. Mr. Turnblad explained Versions A and B of the ordinance written by staff for Council consideration. Versions A and B both allow Sew With Me to remain in the building. Version A is less restrictive than Version B. Councilmember Polehna asked if this zoning issue should be addressed as part of the Comprehensive Plan update. Mr. Turnblad replied the ordinance addresses 10% of a building space, which is a little more flexible but still limits the retail uses. Mayor Kozlowski said he prefers Version B and would like to see an inventory of buildings in the BP-I zone to evaluate the potential for redevelopment before opening up the zoning district to further retail use. Councilmember Polehna said he is in favor of Version B right now but asked what if the Comprehensive Plan Advisory Committee disagrees. Mr. Turnblad replied a Council is never prevented from correcting its actions, however, legitimizing the use makes it grandfathered if the Council changes the ordinance in the future. Page 4 of 9 City Council Meeting July 3, 2018 Councilmember Junker predicted the Council will see more of this type of issue in the future as bigger manufacturing uses downsize and create smaller spaces in their buildings. He prefers Version A. Mayor Kozlowski opened the public hearing. There were no public comments. He closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt first reading of an ordinance amending the Stillwater City Code Section 31-325, Allowable Uses in Non- Residential Districts (Version B). Ayes: Councilmembers Menikheim and Polehna, Mayor Kozlowski Nays: Councilmember Junker Case 2018-29. A public hearing to consider a request by Craig Wahlquist, property owner and Dan Thurmes, applicant for a Preliminary Plat and Zoning Classification Amendment that would rezone and subdivide the single lot into three lots. Property located at 7990 Neal Ave N in the AP district. Community Development Director Turnblad informed the Council that Dan Thurmes, Cornerstone Land Surveying, representing Craig Wahlquist, requests approval to re-plat the property at 7990 Neal Avenue North. The subdivision would create three residential lots. One of the lots would be for the existing Wahlquist homestead. The other two would be vacant lots. The request also includes a rezoning from AP, Agricultural Preservation, to RA, One Family Residential, as well as preliminary and final plat approvals. In addition, the perimeter utility easements for the existing platted lot will need to be vacated in order to create utility easements around the re-platted lots. The Planning Commission unanimously recommended approval. Staff recommends approval with eight conditions attached to the Preliminary Plat, contingent upon approval of a fee payment in lieu of land dedication by the Park Commission which will hear the case at its July 23 meeting. Mayor Kozlowski opened the public hearing. Dan Thurmes, applicant, stated they would like to solicit buyers/builders to buy the two lots and at that time the building will handle drain field removal and hook up. If that doesn't work, they would like to have a temporary easement and work out the details with the proposed builder/buyer. Mayor Kozlowski closed the public hearing. Ayes: Councilmembers Menikheim, Junker, Polehna and Mayor Kozlowski Nays: None Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt first reading of an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance, by amending the Zoning Map of the City to rezone certain property within the AP Agricultural Preservation District by adding them to the RA One-Family Residential District; and to adopt Resolution 2018-146A, a resolution vacating the drainage and utility easements in Lot 4, Block 2, Neal Meadows, Case No. 2018-29; and to adopt Resolution 2018-146B, a resolution approving the preliminary plat for Neal Meadows 5th Addition, Case No. 2018-29,with eight conditions recommended by staff; and to adopt Resolution 2018-146C, a resolution approving the final plat for Neal Meadows 5th Addition, Case No. 2018-29. Ayes: Councilmembers Menikheim, Junker, Polehna and Mayor Kozlowski Nays: None Page 5 of 9 City Council Meeting July 3, 2018 Case 2018-27. A public hearing to consider a request by Bill Turnblad, representing the City of Stillwater, for a Zoning Ordinance Amendment that would allow outside events in the PA, Public Administration/Institutional Zoning District by Special Use Permit. If the Ordinance is approved, consider a Special Use permit for the Stillwater Public Library to hold outside events.Property located at 224 3rd St N in the PA, Public Administration/Institutional Zoning District. Community Development Director Turnblad presented a first draft of an ordinance that would allow the Library to operate outside events by Special Use Permit, and a first draft of a Special Use Permit Resolution for the Library for informational purposes. If the ordinance is passed,then the Library would apply for the Special Use Permit and go through a separate hearing process. He stated that the Planning Commission unanimously recommended approval of the proposed ordinance amendment and staff recommends approval as well. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Menikheim, seconded by Councilmember Junker,to hold first reading of an ordinance amending the Stillwater City Code Section 31-325, Allowable Uses in Non-Residential Districts. Ayes: Councilmembers Menikheim, Junker, Polehna and Mayor Kozlowski Nays: None Case 2018-14.A public hearing to consider a request by the City of Stillwater,applicant, for a Zoning Text Amendment(ZAT) to regulate wireless facilities in City Code Section 31-101: Definitions, 31- 209: Design Permit, 31-400: Floodplain Overlay District, and Section 31-512: Regulation of Radio and Television Towers. Mr.Turnblad stated that the City has been developing an ordinance to regulate the next generation of wireless communications technology. The Planning Commission recommended approval of a draft of the ordinance. The next step in the adoption process is for the City Council to hold a public hearing and consider the first reading. Xcel Energy does not agree with the applicability of the proposed regulations. Since they own 95%of the poles upon which most of the 5G equipment is likely to be installed, it is important to address the disagreement. Staff requests this be pulled from the agenda and the public hearing be rescheduled for a future date. Councilmembers concurred with the request. UNFINISHED BUSINESS Possible approval of the second reading an ordinance amending Chapter 30 of the City Code,entitled Garbage and Rubbish and adoption of resolution amending Resolution 2018-022, 2018 fee schedule for licensing of haulers and providers of roll off containers. City Clerk Ward explained that at the first reading on June 19, Council directed staff to remove the operation hours in commercial areas and only regulate hours in the residential areas, which has been done. She also stated that hauler license fees in Washington County averaged approximately $294 and that staff recommends setting $300 for a hauler's license and $50 for a roll off-only license, to be included in the 2018 Fee Schedule, however the actual licensing of haulers would not begin until January 1, 2019. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Ordinance 1106, an ordinance amending Chapter 30 of the Stillwater City Code entitled Garbage and Rubbish, and to adopt Resolution 2018-147,resolution amending Resolution 2018-22,2018 Fee Schedule. Page 6 of 9 City Council Meeting July 3, 2018 Ayes: Councilmembers Menikheim, Junker, Polehna and Mayor Kozlowski Nays: None Request by Forge & Foundry Distillery for a Special Use Permit in the Old Armory. Referred by Planning Commission. Community Development Director Turnblad requested this item and the possible approval of Old Armory parking agreement (under NEW BUSINESS) be tabled until the July 17, 2018 meeting. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to table a request by Forge& Foundry Distillery for a Special Use Permit in the Old Armory, and the possible approval of Old Armory parking agreement(NEW BUSINESS), to July 17, 2018. Ayes: Councilmembers Menikheim, Junker, Polehna and Mayor Kozlowski Nays: None Discussion on Mills on Main commercial garage Community Development Director Turnblad stated that on May 1, 2018 the Council heard a request by the owner of the commercial garage in the Mills on Main facility to delete Condition 6(J) of their Special Use Permit(Resolution 2003-214). Condition 6(J) states that all commercial parking is to be available for use by the general public during the hours when the commercial properties are not open for business. The City Council held a public hearing, heard testimony, closed the public hearing, and considered the request. A decision was tabled to give time for the owner to work with City staff to find a solution other than simply deleting the condition. The primary solution sought has been to negotiate with Hotel Lora to valet park their room guest vehicles in the Mills on Main commercial garage rather than in the public parking system. However, Hotel Lora was not interested. Consequently, there is no solution being contemplated at the moment other than some type of payment to the public parking system to offset deleting the condition. The decision deadline for this request is July 14, 2018. Since a decision would have to be made on July 3 to meet the deadline,and a solution is not ready yet,the applicant has extended the deadline for a month to August 14th. Staff would like to table the items until July 17. Possible approval of bids for the Third Street Improvement project Public Works Director Sanders stated that bids for the Third Street South Improvement Project were opened on June 26. The County received one bid from Meyer Contracting Inc. in the amount of$2,327,340.09. Of that cost, the City will be responsible for $431,181.29. These costs would be paid for by assessments,the Water Board,the Sewer Fund and the City. The project will begin in mid-July and be completed in mid-September, closing the road completely for eight weeks. Staff recommends that the Council accept the bids submitted for the South Third Street Improvement, Project 2018-09. Motion by Councilmember Junker, seconded by Councilmember Polehna,to adopt Resolution 2018- 148, accepting bid for Third Street Improvement Project(Project 2018-09). Ayes: Councilmembers Menikheim, Junker, Polehna and Mayor Kozlowski Nays: None NEW BUSINESS Possible approval of Old Armory parking agreement This item was tabled(see above) Page 7 of 9 City Council Meeting July 3, 2018 Request by Washington County to waive parking reservation fee for Third Street reconstruction project Community Development Director Turnblad reported that as Washington County reconstructs Third Street from Walnut to Chestnut Street, there will be no parking on Third. In addition, Municipal Lot 18 will not be accessible. Lot 19 will remain accessible from Pine Street. Due to the limited amount of parking on side streets, particularly during the day, the County makes the following requests: 1)that the City allow 10-12 parking spaces be made available for residents in Municipal Lot 20. The spaces would be marked with signs indicating "Reserved for Third Street Resident Parking."The signs would be provided and installed by the County. In addition, 8 spaces will be reserved for resident parking in the Historic Courthouse Parking Lot. 2) That the City allow overnight parking for the reserved spaces in Lot 20. 3) That the City waive the fee of $1.50/space/day. The total waived fee is anticipated to be approximately $1,008.00. The Parking Commission recommends approval of the requests to reserve spaces, but not to waive the reservation fee. Motion by Councilmember Polehna, seconded by Councilmember Junker, to allow 10-12 parking spaces to be made available for residents in Municipal Lot 20, to allow overnight parking for the reserved spaces in Lot 20, and to waive the fee of $1.50/space/day during the Third Street reconstruction project. Ayes: Councilmembers Menikheim, Junker, Polehna and Mayor Kozlowski Nays: None Possible approval of resolution authorizing transfer and possession by"Quick Take" City Attorney Magnuson provided information on the process of authorizing eminent domain to acquire the parking area associated with the Shorty Cleaner's building and a five foot space between the edge of what is taken,and the building.The proposed quick take resolution authorizes the deposit of the award and possession of the property within 90 days. He stated this is commonly done. It provides the City with possession at the earliest possible time. The property owners will be given notice and a meeting will be scheduled with the appraiser. During the process, an agreement could still be reached with the owners to avoid eminent domain,however negotiations have not been fruitful up to now due to the wide discrepancy between the City offers and what the owners are asking for the property. Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2018- 149,resolution authorizing transfer and possession by"Quick Take." Ayes: Councilmembers Menikheim, Junker, Polehna and Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS Councilmember Polehna reminded residents of the Fourth of July fireworks. Almost$30,000 was received in donations this year for the fireworks. Page 8 of 9 City Council Meeting July 3, 2018 ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn at 7:53. All in favor. Ted Kozlowski, Mayor ATTEST: J. T as McCarty, Acting ity erk Resolution 2018-137, Directing the Payment of Bills Resolution 2018-138,resolution for State Grant Assistance for St. Croix Riverbank Restoration and Walkway Resolution 2018-139, approving Access Agreement with Kraemer North America, LLC Resolution 2018-140, approval of appointment to Traffic Safety Committee Resolution 2018-141,resolution accepting cash donations Resolution 2018-142, approving City of Stillwater employee basic life insurance policy effective September 1, 2018 Resolution 2018-143, approving Integrity Benefit LLC's proposal for employee voluntary ancillary insurance policies effective September 1, 2018 Resolution 2018-144, accepting the proposal of Levander, Gillen&Miller P.A. for provision of civil legal services for the City of Stillwater effective August 1, 2018 Resolution 2018-145, accepting the proposal of Kelly& Lemmons P.A. for provision of criminal prosecutorial legal services for the City of Stillwater effective August 1, 2018 Resolution 2018-146A, a resolution vacating the drainage and utility easements in Lot 4, Block 2,Neal Meadows Case No. 2018-29 Resolution 2018-146B, a resolution approving the preliminary plat for Neal Meadows 5th Addition Case No. 2018-29 Resolution 2018-146C, a resolution approving the final plat for Neal Meadows 5th Addition Case No. 2018-29 Resolution 147,resolution amending Resolution 2018-22, 2018 Fee Schedule Resolution 148, accepting bid for Third Street Improvement Project(Project 2018-09) Resolution 149, resolution authorizing transfer and possession by"Quick Take" Ordinance 1106, an ordinance amending Chapter 30 of the Stillwater City Code entitled Garbage and Rubbish Page 9 of 9