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HomeMy WebLinkAbout2018-07-31 CC MIN ii(water 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota J www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES July 31,2018 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Community Development Director Turnblad City Planner Wittman Public Works Director Sanders City Clerk Ward OTHER BUSINESS Washington Avenue TH 36 Study- Kevin Hoglund, Stantec Kevin Hoglund, Stantec, presented a study of potential Washington Avenue Intersection improvements. He summarized the low cost,mid cost and ultimate options for improvements. He stated that MnDOT has indicated no intention of funding any type of interchange at this intersection. Councilmember Polehna asked if the study looked at filling in the infiltration pond to provide more stacking distance instead of installing a roundabout so far to the north. Mr. Hoglund replied that this concept avoids impacts to the ponds. On the Oak Park Heights side, MnDOT is requiring the infiltration ponds to remain. Public Works Director Sanders added that the potential roundabout is located so far north to allow for a greater amount of stacking at the interchange. He stated that there is a potential for redevelopment of the Herbergers site, so the Council may want to talk to the property owner about acquiring right-of-way that would be needed if Alternative 2 were chosen. Councilmember Weidner suggested a roundabout closer to Highway 36 to minimize the number of businesses impacted,perhaps as part of the Herbergers parking lot, or at Tower Drive. Mr. Hoglund replied that bringing the roundabout closer to Highway 36 would not give enough stacking distance for the interchange. He stated the roundabout could be moved to Tower Drive. It's just a concept at this point. Public Works Director Sanders stated that if everyone agrees the intersection needs improvements, the next step could be to look at the best location for a roundabout. That might take 6-12 months, or the developer may want to see something sooner at the Herbergers site. City Council Meeting July 31, 2018 Mr. Hoglund noted that MnDOT just completed a Highway 36 study and is implementing new timing for all signals on the corridor to lengthen the green time on Highway 36 and lessen the green time on side streets. Manning Ave TH 36 Interchange—Washington County Nathan Arnold, Engineer II Project Manager with Washington County, reviewed the Trunk Highway 36 and Manning Avenue/County State Aid Highway 15 Interchange Study Update, including development opportunities and existing system deficiencies. He summarized the project goals and reviewed construction options, funding, local costs, and next steps. The intersection ranks in the top 100 worst intersections in the State. He noted that Washington County has secured $7 million for the approximately$25 million project, which would be constructed in 2021. Councilmember Menikheim mentioned the possibility of a future hospital campus in the northeast quadrant. Mr. Arnold stated engineers have been working with the hospital in designing the options. Councilmember Polehna commented that the Legends and 62nd Street neighborhoods have concerns about forcing all the traffic onto their streets instead of allowing traffic to exit further south. Mr. Arnold replied that when 62nd Street was rebuilt, it was made signal-ready. The interchange will start to break down if the intersection is too close to Highway 36. Councilmember Junker asked how 41,000-42,000 cars per day on Highway 36 compares with other roadways. Mr. Arnold replied that Highway 94 has about twice that volume but there are no side street connections or direct accesses, so it functions better. Council members thanked Mr. Arnold for the information. Small Cell Wireless ordinance discussion City Planner Wittman informed the Council that staff is at an impasse with Xcel Energy as they are requesting the City Council grant them a full exemption from future design standards and permitting processes involved in the proposed Small Cell Wireless ordinance. The ordinance is near ready for a public hearing. Colette Jurek, Xcel Energy Manager of Community and Local Government Relations, thanked the City for reaching out when beginning work on this ordinance. She stated that Xcel's attorneys have found that under the Minnesota Public Utilities Commission tariffs, the term distribution facilities includes all associated accessories and equipment that have the potential to distribute power. Therefore Xcel is authorized by the terms of the tariff to install these facilities exempt from further regulation in this area. Hennepin County has accordingly altered its ordinance to refer to non-utility wireless equipment. She showed a picture of the equipment Xcel would use. Xcel anticipates upgrading or modernizing its system to use this type of technology in 2020. She stated it's unlikely that the facilities would be installed along the river or in the downtown because they need to be positioned high, like on a hill. One or two of them could be added in Stillwater. Right now they have 10-15 of these in the entire City and do not expect any adjustment to that number, so the impact would be fairly small. Xcel is requesting the exemption and will make City staff aware of what they will be doing in advance. Page 2 of 9 City Council Meeting July 31, 2018 Councilmember Menikheim asked if the devices will make it easier to repair problems. Ms. Jurek responded they will be able to better locate an outage and shorten the impact of the outage on customers. They are powered by batteries. Councilmember Junker suggested that every utility company may want an exemption from the ordinance. He asked what is the distinction between Xcel and other utility companies that will be affected by the new ordinance. Ms. Jurek stated that Xcel's equipment is necessary to provide electricity service to the customer base. They are not using it as a communication method or mechanism for resale to the general public. The State defines the small wireless accessories on Xcel's equipment as being exempt from further regulation. City Planner Wittman stated she has one preliminary inquiry right now from AT&T for a specific site. It is getting close to the point where if the Council does not adopt an ordinance soon it will be automatically approved because of State law. City Attorney Magnuson stated there's a difference between the metering function that Xcel uses to monitor its own system versus housing small cell wireless antennas for companies like AT&T, Verizon and so on. He recommended approval of the proposed ordinance which allows for exclusive franchises(Xcel)to be exempt from permitting but to still require them to meet adopted design standards with the option to administratively amend the standards as wireless technology evolves. The ordinance could define one standard for their internal equipment used to monitor their own system and another standard or process for the guests they may invite to house equipment on their poles. Regarding design of the facilities, Ms. Jurek stated that under the Minnesota operating tariffs, Xcel has "standard facilities" and if a city requests them to do something outside of that to meet certain design criteria, Xcel would have to charge under the excess facilities regulation, so there could be cost implications. Ms. Wittman stated that staff will review the applicable public utilities tariffs. STAFF REPORTS Police Chief Gannaway informed the Council that Night to Unite is set for August 7, 5-9 p.m. There will be several neighborhood gatherings in addition to the main event at Washington Square Park. Community Development Director Turnblad noted that Phase III of the City Hall project is in progress. Cost estimates for the improvements are under budget. Architects are putting together construction drawings and construction should begin in October. Public Works Director Sanders informed the Council the contractor has been working downtown on mill and overlay. The river level is dropping and should be below the river walk this weekend so the park should be completely open. Washington County has begun the Third Street reconstruction project and is asking for a noise variance to accommodate saw cutting of the concrete pavement. Allan Brandt, Washington County Public Works Project Manager, stated the concrete needs to be cut within a certain amount of time after placing it. They anticipate starting at 6 a.m. and finishing between 12 and 2 a.m. They would notice all residents within 300 feet. Councilmember Menikheim requested as much advance notice as possible for the residents. Page 3 of 9 City Council Meeting July 31, 2018 Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve a noise variance for Washington County for the Third Street reconstruction project. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Corey Slagle, Assistant Washington County Engineer, informed the Council that the Osgood Avenue project is behind but progressing. Osgood will be closed Saturday to do water main crossing. Work will be completed this fall. On County Road 5, they do not anticipate having the signal up and running by the start of school as was the goal; it will be turned on later this fall. On Stillwater Boulevard/Olive Street,they will pour more concrete this week on Deer Path and pave the rest of the road next week. Councilmember Junker asked if MnDOT plans to allow parking on the east side of Highway 95 from the Oasis all the way to Sunnyside, as he saw last weekend. Mr. Sanders replied that the no parking signs will be going back up soon. Councilmember Weidner asked if there will be a flashing sign for the pedestrian crosswalk by the Oasis. Mr. Sanders responded not as part of this project but staff can take a look at it. City Administrator McCarty reminded the Council of the August 23 Boards and Commissions Picnic. RECOGNITION OF CITY ATTORNEY MAGNUSON Mayor Kozlowski presented City Attorney Magnuson with a Certificate of Appreciation for more than 40 years of dedicated service. He stated Mr. Magnuson's contributions to the City are hard to put into words. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2018-169, Certificate of Appreciation to David T. Magnuson upon his retirement effective July 31, 2018. All in favor. Washington County Commissioner Gary Kriesel congratulated Mr. Magnuson on behalf of the Washington County board of commissioners. He commented on Mr. Magnuson's long illustrious career filled with commitment and service. Nile Kriesel stated that 40 years ago when he was hired as Stillwater City Administrator and he learned that Mr. Magnuson was the City Attorney, it put him at ease. He felt very fortunate to be able to sit next to Mr. Magnuson for 23 1/2 years. He commented on Mr. Magnuson's professionalism, knowledge of the law, and the application of fairness that he displayed. City Attorney Magnuson stated he has been very lucky to be born into a kind and loving family, to join the Navy after high school, to put himself through law school, to have a loving and supportive wife and three healthy and talented kids. He thanked the City Councilmembers, his colleagues and friends, and everyone who has ever paid real estate taxes over the last 40 years. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was recessed at 6:07 p.m. Page 4 of 9 City Council Meeting July 31, 2018 RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land 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 July 17, 2018 regular meeting minutes Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve the minutes of the July 17, 2018 regular meeting. All in favor. PETITIONS, INDIVIDUALS,DELEGATIONS & COMMENDATIONS Transit Loop Project- Sally Anderson, Executive Director of Community Thread Sally Anderson, Executive Director of Community Thread, addressed the transportation needs of seniors and disabled adults in the community. She stated that DARTS, a nonprofit organization serving seniors and their families in Dakota County, has approached Community Thread about partnering to bring an affordable circulator "loop" to the greater Stillwater community as a pilot project in the fall of 2018. Ms. Anderson explained the proposed service. She stated that Community Thread would like to request $5,000 in City funding for 2019-2020 to help support this service after the pilot year has ended. Councilmembers Menikheim and Polehna expressed support. City Administrator McCarty stated the request has been included in the proposed budget for discussion. City Attorney - Korine Land Mayor Kozlowski introduced Korine Land, LeVander,Gillen&Miller P.A_,as the Stillwater City Attorney. City Attorney Land thanked the Council for the opportunity to serve Stillwater. OPEN FORUM Joe Samuelson, 1019 North Second Street, addressed the Council about citations he received for parking in a No Parking Zone while parked in his driveway. He stated that in 1991 he built a new driveway and increased the sidewalk on the west side of his house from 36 to 64 inches at his own Page 5 of 9 City Council Meeting July 31, 2018 cost. He started parking his extended cab truck in the driveway because it would not fit in the garage and was ticketed because it overhung the sidewalk. He believes a wheelchair could still pass. He talked to the police officer, who explained there had been a complaint but he was not allowed to give names of complainants. Mr. Samuelson stated he is concerned that this is only policed under complaint. He could cut the extra inches off the sidewalk to get back down to 44 inches. He does not believe the Police Department should be put in the position of enforcing laws according to grievances. Mayor Kozlowski recognized there's more sidewalk there than on most streets and that Mr. Samuelson's vehicle is not blocking the sidewalk. He would like to take into consideration the grievance aspect. Councilmember Weidner remarked that the Police Department is supposed to investigate complaints. He supports the action taken. Councilmember Polehna stated that he agreed with Councilmember Weidner,but feels a warning should have been issued prior to a ticket. Police Chief Gannaway stated the Department generally only issues citations on issues like this upon complaint. They generally try to contact the owner by phone but it's not always successful. Public Works Director Sanders added that the sidewalk is on City right-of-way, not private property. There is no City policy on sidewalk widths. ADA Requirements say sidewalks should be at least 3 feet wide. Mayor Kozlowski instructed Mr. Samuelson to work with Mr. Sanders on the delineating the sidewalk. CONSENT AGENDA Resolution 2018-161, directing payment of bills Resolution 2018-162,approving of 2018 Forestry Contract Resolution 2018-163, approving No On-Street Parking Zone along portions of South Third Street(County State Aid Highway (CSAH) 23) from East Walnut Street to East Chestnut Street(Project No. S.A.P. 082-623-008) Resolution 2018-164,resolution adopting findings of fact, conclusions and order related to Forge & Foundry Craft Distillery(CPC Case No. 2018-22) Resolution 2018-165, a resolution authorizing the City of Stillwater to participate in the Minnesota GreenStep Cities Program Resolution 2018-166, approving the issuance of a New On-sale and Sunday Liquor License to Restaurant 232, LLC, DBA: Match Stick Possible approval to purchase 2019 Ford 550, plow, dump box and sander Resolution 2018-167, approving the transfer of an On-sale and Sunday Liquor License to Caribbean Smokehouse LLC, DBA: Caribbean Smokehouse Resolution 2018-168, approving three year extension to engagement letter with ClifftonLarsonAllen for provision of audit services and preparation of financial statements for 2018-2020 Councilmember Menikheim requested that Resolution 2018-165 be pulled from the Consent Agenda for discussion. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt the Consent Agenda as amended. Page 6 of 9 City Council Meeting July 31, 2018 Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna and Mayor Kozlowski Nays: None Councilmember Menikheim suggested revising Resolution 2018-165 to add, "will facilitate the public-private partnership of community members. . ." Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2018-165, a resolution authorizing the City of Stillwater to participate in the Minnesota GreenStep Cities Program, as amended. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna and Mayor Kozlowski Nays: None PUBLIC HEARINGS A public hearing to consider the 2018 Sidewalk Rehabilitation Project, (Project 2018-03, L.I. 415) Public Works Director Sanders reviewed the 2018 Sidewalk Rehabilitation Project, which includes 44 affected properties at a total estimated cost of$100,268. Fifty percent will be assessed at a rate of$7.95 per square foot. Construction will occur in September and October, with the assessment hearing in October. Mayor Kozlowski opened the public hearing. Cameron Murray, 350 Main Street North, spoke in favor of the project. Mark Desch, 333 Main Street North, asked for clarification about the 50% assessment rate. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2018- 170, ordering improvement and preparation of plans and specifications for the 2018 Sidewalk Rehabilitation Project, Project 2018-03. Ayes: Councilmembers Menikheim, Dunker, Weidner, Polehna, and Mayor Kozlowski Nays: None UNFINISHED BUSINESS Consider request to delete the condition from the Mills on Main Special Use Permit that requires the commercial parking spaces to be made available to the public during non- business hours Community Development Director Turnblad provided an update on progress of the settlement regarding deleting a condition of the special use permit for the Mills on Main. He anticipates bringing a detailed settlement proposal to the next meeting. Possible approval of plans and specifications and ordering advertisement for bids for the Marylane Drainage Project(Project 2018-08) Public Works Director Sanders stated that this project would improve the drainage in the area east of Marylane Avenue and the backyards of Monterrey Court by adding storm sewer pipe and grading improvements. Staff requests approval of the plans and specifications and authorization to bid. Bid opening is scheduled for August 30 and bid results will be presented to Council at the September 4 meeting. Construction is set for this fall. Councilmember Polehna asked if Brown's Creek Watershed District is contributing funding for the project. Page 7 of 9 City Council Meeting July 31, 2018 Mr. Sanders stated the Watershed is contributing around$50,000. The City's engineering estimate was about $250,000 for construction. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2018-171, approve plans and specifications and ordering advertisement for bids for the Marylane Drainage Improvement Project(Project 2018-08). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna and Mayor Kozlowski Nays: None Possible approval of plans and specifications and ordering advertisement for bids for the Veterans Memorial Parking Lot Project (Project 2018-12) Public Works Director Sanders stated that construction plans are complete and staff is requesting approval of the plans and specifications and authorization to bid for this project. It replaces an existing geo-grid wall that is failing and eroding. Additional parking stalls will be installed. Bid opening is scheduled for August 30 and bid results will be presented at the September 4 meeting. Construction is set for this fall. Motion by Councilmember Polehna, seconded by Councilmember Dunker,to adopt Resolution 2018- 172,approve plans and specifications and ordering advertisement for bids for the Veterans Memorial Parking Lot Project (Project 2018-07). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna and Mayor Kozlowski Nays: None NEW BUSINESS Pollinator Friendly Alliance of Stillwater Sign Installation Request Community Development Director Turnblad reported that the City received a DNR Conservation Partners Legacy Fund Grant for the creation of a pollinator park at the southeast corner of the intersection of Laurel and Owens. The Pollinator Friendly Alliance of Stillwater(PFAS)installed a native flower garden, a flowering prairie and a lower prairie garden area to serve as an educational demonstration area for naturalists and citizens. The City agreed to post a Clean Water Land&Legacy Amendment logo sign at access points to each land use covered under this project. PFAS is requesting the installation of an interpretative signage for the site to educate visitors about ecology, and the interrelationship between water, plants, pollinators, and animals, promoting environmental stewardship and habitat. Staff recommends the Council authorize the installation of the sign. Laurie Schneider,Pollinator Friendly Alliance of Stillwater,explained the sign proposal. The sign will be 5' by 8'. The sign will be at a distance from the sidewalk and pathways and they do not want people trampling the plants to read the sign. The park is a demonstration site for naturalists and schoolchildren to learn about ecology. Councilmember Weidner asked why the sign ca not be smaller and closer to where people are. Ms. Schneider replied that the reservoir is there, preventing placement of a sign. The sign is proposed for an area where it's out of the way so the prairie can be mowed or control-burned. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2018-173, City of Stillwater resolution authorizing the installation of a Scenic Area public information sign of 40 square feet at the Pollinator Open Space Area. Page 8 of 9 City Council Meeting July 31, 2018 Ayes: Councilmembers Menikheim, Junker, Polehna and Mayor Kozlowski Nays: Councilmember Weidner COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn at 8:08. All in favor. Ted Ko ski, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2018-161, directing payment of bills Resolution 2018-162, approving of 2018 Forestry Contract Resolution 2018-163, approving No On-Street Parking Zone along portions of South Third Street(County State Aid Highway(CSAH) 23) from East Walnut Street to East Chestnut Street(Project No. S.A.P. 082-623-008) Resolution 2018-164,resolution adopting findings of fact, conclusions and order related to Forge & Foundry Craft Distillery (CPC Case No. 2018-22) Resolution 2018-165, a resolution authorizing the City of Stillwater to participate in the Minnesota GreenStep Cities Program Resolution 2018-166,approving the issuance of a New On-sale and Sunday Liquor License to Restaurant 232, LLC, DBA: Match Stick Resolution 2018-167, approving the transfer of an On-sale and Sunday Liquor License to Caribbean Smokehouse LLC, DBA: Caribbean Smokehouse Resolution 2018-168, approving three year extension to engagement letter with ClifftonLarsonAllen for provision of financial audit services and preparation of financial statements for 2018-2020 Resolution 2018-169, Certificate of Appreciation to David T. Magnuson upon his retirement effective July 31, 2018 Resolution 2018-170, ordering improvement and preparation of plans and specifications for the 2018 Sidewalk Rehabilitation Project(Project 2018-03) Resolution 2018-171, approve plans and specifications and ordering advertisement for bids for the Maryland Drainage Improvement Project(Project 2018-08) Resolution 2018-172, approve plans and specifications and ordering advertisement for bids for the Veterans Memorial Parking Lot Improvement Project(Project 2018-07) Resolution 2018-173, City of Stillwater resolution authorizing the installation of a Scenic Area public information sign at the Pollinator Open Space Area Page 9 of 9 �0 co co z Z trl n n (� A' II 1-0 yv � r 0 rri A �--I c '71 u v) � Ot71 0 4 go O b o0 b � r CAD O 'II C' C