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HomeMy WebLinkAbout2018-09-04 CC MIN jfJvater 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota WWW.Ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES September 4,2018 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:38 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim and Polehna Absent: Councilmembers Weidner and Junker Staff present: City Administrator McCarty Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Community Development Director Turnblad Public Works Director Sanders MIS Manager Holman Library Director Troendle Water Board Manager Benson City Clerk Ward OTHER BUSINESS Budget Workshop City Administrator McCarty updated the Council on budget factors that have changed since the last budget workshop. Finance Director Harrison stated that in the last couple weeks,the debt service levy has increased slightly due to results of last week's bond sale. Fiscal disparities had been estimated to increase by 5%but it actually decreased .2%, therefore the tax rate went up from 54.375 to 54.591%. The property tax levy went up slightly due to the increase in debt service and the decrease in fiscal disparities. The total tax capacity two weeks ago was 6%but the county has estimated 6.3%. The number won't be certain till the end of the year. She explained the impacts of these changes on residential property taxes. City Administrator McCarty reviewed risk areas and possible impacts on the 2019 budget: the possible transition from County to City IT support for the library; the potential for a special election in 2019; and the award of the Federal SAFER Grant. He informed the Council that the City was notified last week that it would be awarded $492,000 over three years to fund three full time firefighter positions. The City's share would be$306,000 over three years. He recommended that the Council accept the grant and suggested budget adjustments that could be made to offset the City's share without adding to the tax burden. MIS Manager Holman stated that Washington County is willing to take over support of the library but they want to take over everything or nothing. The City has spent a lot of money and resources getting the library connected to the City on the staff side and does not want to give that up. Washington County IT maintains the public side of the computers and that has been a disaster City Council Meeting September 4, 2018 because they have not upgraded any of the software. Washington County provided a proposal for 40 hours of ongoing support in a year but she believes it would require around 200 hours of support in a year. She feels the City could do it cheaper. Staff will put together a proposal but may not complete it in time for a budget decision. Mayor Kozlowski commented he would like to see the library's recommendation on the issue. Mr. McCarty led discussion of the SAFER Grant and how to cover costs at the end of the three- year period. He feels the Council would have time during the grant period to determine what to do in the long term. Fire Chief Glaser stated it would be OK to wait two weeks to accept the award, when there is a full Council. He noted the City should be extremely honored to be the only city in the state of Minnesota to receive the grant. Over the next three years the Fire Department will be faced with succession planning and additional responsibilities like the loop trail, an increase in Highway 36 and Manning Avenue traffic, construction of a new hospital and the 240-bed Lakes project, various infill buildings and a significant increase in the number of high risk occupancies in the community. Councilmember Polehna questioned whether the Department has thoroughly investigated working with other agencies. He feels the City should consider sharing services not only for fire but police and other services. Chief Glaser replied the Department already collaborates with other communities and provided examples. He added that staffing has been an issue since 2005. Mayor Kozlowski stated he would like to see a breakdown of how the three FTEs are needed, specifically in regard to Stillwater, as opposed to other communities that contract with Stillwater. Councilmember Menikheim voiced concern about how to find the money to support the positions after three years. STAFF REPORTS Water Board Manager Robert Benson reported that an administrative hearing regarding the White Bear Lake lawsuit is scheduled for October 2. The Board is working with Brown's Creek Watershed District to develop a program for smart controllers for irrigation systems.Additionally, the Water Department is willing to support Sustainable Stillwater if approached regarding the GreenStep program. Community Development Director Turnblad informed the Council that Type C short term rentals have maxed out. Public Works Director Sanders reported that the contractor for the lift bridge rehabilitation is now moving over to the Minnesota side and will need Chestnut Street closed from the concourse to Water Street for storage of equipment and material. Also Sam Bloomer Way will be closed for a period of time but the riverwalk will be open. Mr. Sanders also stated that the Third Street project is falling behind due to weather. The County Highway 5 roadway is complete. Osgood Avenue/County Highway 24 between 62nd and Orleans is closed for six weeks. City Administrator McCarty stated that September 6 is the Xcel Energy Alan S. King plant's 50th anniversary. Bids for the Rec Center dome and field turf replacement came in over the budgeted amount; staff will work with the contractors and bidders. Also, staff has been working with the Page 2 of 10 City Council Meeting September 4, 2018 Brown's Creek Watershed District regarding surface water runoff based on new information that has come to light. Mayor Kozlowski recessed the meeting at 6:01 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:09 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim and Polehna Absent: Councilmembers Junker and Weidner 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 special meeting minutes and the August 21, 2018 special and regular meeting minutes Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the minutes of the July 17, 2018 special meeting and the August 21, 2018 special and regular meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Augsburg College Branding Presentation City Administrator McCarty stated that the City worked with students and faculty at Augsburg University MBA program to analyze current branding and logos and provide recommendations. Jeromy Knapp, Joe Burling, Emily Adhiambo, and Zach Driess explained the value of crafting a unified message and City identity. They reported on their evaluation of 12-15 different variations of the City logo and a survey via Facebook that had 400+respondents. Their recommendation is to undergo a full re-branding effort. Councilmembers Polehna, Menikheim and Mayor Kozlowski commended the group on their efforts. OPEN FORUM There were no public comments. Page 3 of 10 City Council Meeting September 4, 2018 CONSENT AGENDA Resolution 2018-182, directing payment of bills Resolution 2018-183,resolution approving Human Rights Commission Youth Representative Handbook Resolution 2018-184, approving Service Agreement with Washington County(Information Technology Department) Resolution 2018-185, approving Site Access Agreement with Verizon Wireless, LLC Possible approval of utility bill adjustments Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: None PUBLIC HEARINGS Case No. 2018-36. A public hearing to consider a request by Mary Russell,property owner and Larry Lappi, applicant, for a Zoning Text Amendment requiring City Code Section 31-521 apply only to the top of slope. Community Development Director Turnblad reviewed the request. Larry Lappi and Mary Russell, Stillwater residents and property owners, have applied for a Zoning Text Amendment (ZAT) which would eliminate the setback requirement from the toe (bottom) of steep slopes. The DNR has eliminated setbacks required from the toe of a slope as have many other cities. Staff is not concerned as much about the bedrock slopes as about those that are consolidated dirt. Staff recommends softening the requirement for the setback from the bottom of the slope rather than eliminating it, so it would state that building closer than 30 feet would require a soils engineer to determine that the slope is stable enough to handle construction close to the toe of the slope. The Planning Commission recommended approval on a 7-0 vote. Staff recommends approval. Mayor Kozlowski opened the public hearing. Mary Russell, 921 North Second Street, stated she has a lot that fronts First Street which became unbuildable when the ordinance was changed in 1997. She feels the amendment makes sense because many properties in Stillwater are built within 30 feet of the toe of the bluff. Larry Lappi, PO Box 283, Stillwater, added that many other cities adopted verbatim the DNR's ordinance. He supports the requirement that a soils engineer assess the stability of the slope. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt first reading of Zoning Text Amendment 2018-36 allowing for modifications to City Code Section 31-521. Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: None Page 4 of 10 City Council Meeting September 4, 2018 Case No. 2018-37. A public hearing to consider a request by Richard and Cheryl Ross, property owners, and Dan Thurmes, applicant, for a Preliminary Plat and Zoning Map Amendment to rezone and subdivide land into three lots for the property located at 8040 Neal Ave N in the AP district. Community Development Director Turnblad explained that Richard and Cheryl Ross plan to subdivide their 1.25 acre homestead property at 8040 Neal Avenue into three lots. One lot will continue to be the Ross homestead. It will be accessed from Neal Avenue. The other two lots will be for new houses which will gain access from Creekside Crossing. The subdivision is to be known as Neal Meadows 6th Addition. In order to subdivide the property as proposed, a request has been made to approve: 1)Rezoning from AP,Agricultural Preservation to RA, Single-Family Residential; 2) Preliminary & Final Plat of Neal Meadows 6th Addition; and 3) Vacation of the platted drainage and utility easements. The Planning Commission recommended conditional approval. The Parks Commission recommended requiring park and trail fees in lieu of dedicating park land or constructing trail improvements. Staff recommends approval with seven conditions. Mayor Kozlowski opened the public hearing. Dan Thurmes, Cornerstone Land Surveying offered to answer questions on behalf of the Rosses. Mayor Kozlowski closed the public hearing. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, 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;to adopt Resolution 2018-186, a resolution approving the preliminary plat for Neal Meadows 6th Addition, Case No. 2018-37; to adopt Resolution 2018-187, a resolution approving the final plat for Neal Meadows 6th Addition, Case No. 2018-37; and to adopt Resolution 2018-188, a resolution vacating the drainage and utility easements in Lot 5, Block 2,Neal Meadows, Case No. 2018-37. Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: None Case No. 2018-38. A public hearing to consider a request by Bruce and Linda Livermore, property owners, and Dan Thurmes, applicant, for a Preliminary Plat and Zoning Map Amendment to rezone and subdivide land into three lots property located at 8120 Neal Ave N in the AP district. Community Development Director Turnblad explained that Bruce and Linda Livermore plan to subdivide their 1.25 acre homestead property at 8120 Neal Avenue into three lots. One lot will continue to be the Livermore homestead. It will be accessed from Neal Avenue. The other two lots will be for new houses which will gain access from Creekside Crossing. The subdivision is to be known as Neal Meadows 7th Addition. In order to subdivide the property as proposed, a request has been made to approve: 1)Rezoning from AP,Agricultural Preservation to RA, Single- Family Residential; 2) Preliminary & Final Plat of Neal Meadows 7th Addition; 3) Vacation of the platted drainage and utility easements. The Planning Commission recommended conditional approval. The Parks Commission recommended requiring park and trail fees in lieu of dedicating park land or constructing trail improvements. Staff recommends approval with seven conditions. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt first reading of an ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance, by Page 5of10 City Council Meeting September 4, 2018 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;to adopt Resolution 2018-189, a resolution approving the preliminary plat for Neal Meadows 7th Addition, Case No. 2018-38; to adopt Resolution 2018-190, a resolution approving the final plat for Neal Meadows 7th Addition, Case No. 2018-38; and to adopt Resolution 2018-191, a resolution vacating the drainage and utility easements in Lot 7, Block 2,Neal Meadows, Case No. 2018-38. Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: None UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Possible approval of Harvest Fest Special Event, contract and temporary liquor license City Clerk Ward stated that Summer Tuesdays Inc. has applied for a Special Event Permit to host the Stillwater Harvest Fest on October 13-14, 2018 in North Lowell Park. All parking spots in Lots 4, 5, and 9 plus the on-street parking on Mulberry around the circle will be reserved Friday through Sunday. A beer tent with no fencing is proposed, therefore the ability to consume beer venue-wide. The Police Chief has required signage stating NO ALCOHOL BEYOND THIS POINT, increased private security by the organizer, and documentation showing liquor liability insurance to reflect the organizers' new plan. The fee recommended by the Parking Commission for use of the parking lots is$385.50.Fees for City services,materials and parking will be charged according to the 2018 Fee Schedule. The organizer must provide all insurance, agency permits, coordination with Police, Fire, and Public Works, and must pay for City services by September 21, 2018. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2018-192,approving the 2018 Stillwater Harvest Fest Special Event, Contract and Temporary Liquor License. Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: None Possible approval of resolution adopting Convention and Visitors Bureau(CVB) By-laws City Administrator McCarty presented the red-line version of by-law changes concerning how board appointments are made. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2018-193,approval of Stillwater and Oak Park Heights Convention&Visitor Bureau(CVB) Bylaws (Revised 06-13-2018). Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: None Possible approval of Fall Art Festival Special Event, contract and temporary liquor license City Clerk Ward reported that the Stillwater Area Chamber has applied for a Special Event Permit to host the 2018 Rivertown Fall Art Festival from October 6-7. The request includes a beer tent, however consumption is venue-wide, therefore a temporary liquor license is required and would Page 6 of 10 City Council Meeting September 4, 2018 require additional security measures. The Police Chief requires signage indicating NO ALCOHOL BEYOND THIS POINT, increased private security by the organizer, and documentation showing liquor liability insurance to reflect the organizers' new plan. The fee for the parking spaces recommended by the Parking Commission is $508.50. Staff recommends the event, contract and temporary liquor license be approved. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2018-194, approving the 2018 Rivertown Fall Art Festival Special Event, Contract and Temporary Liquor License. Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: None Discussion of Ice Castles Special Event City Administrator McCarty stated that Ice Castles applied for use of Lowell Park for the Ice Castle again this season in the same location in north Lowell Park, with an expanded footprint. Staff has a number of concerns about the appearance during setup and teardown as well as during operation; how to expedite the removal of the ice in the spring; potential damage to the infrastructure of Lowell Park;and use of City water for making of the ice. Staff suggested moving the Ice Castle to Bridgeview Park. He added that Ryan Davis, principal of Ice Castles, looked at Bridgeview site and thought it might work. Impact in the community has been very positive while the Ice Castle is operating but the positives should be balanced with the concerns. Amanda Roseth, Ice Castles, stated they are very excited to come back to Stillwater. There are advantages and disadvantages for both locations. An advantage in Lowell Park is the proximity to restaurants and shops. After last season ended they met with their build crew to talk about standards for next season. It will be a high priority to make sure visitors can't see behind the scenes. They will have mesh banners on the blue fencing, higher fencing in the area by Myrtle to block garbage, and will block equipment from view. They acknowledge that they need a clean- up plan and that communication needs to improve. They would like to touch base weekly with City officials on the site. Last year at the end of season they received approval for the option of having ice go into the river, so this year they can plan for that. As soon as they close, they can demolish the castle and transport the ice south of the bridge. Mayor Kozlowski stated the Ice Castle is great but last year it seemed like it was there forever after it closed. City Administrator McCarty noted that the last contract named April 15 as the deadline for removal. They did not make the deadline,then the water came up, and it was well into May when the structure was completely removed. Councilmember Polehna commented that he too thinks the Ice Castle is awesome but clean-up was atrocious and there was junk laying all over. Addressing the potential for locating the Ice Castle in Bridgeview Park, Ms. Roseth stated the positives are that it is sheltered from being visible to businesses and walkers so there is not the pressure to get out of the site as soon as it gets warm. But it is not as accessible,there would have to be a lot of signage, and parking is a huge concern. They would have to run shuttles toward Brick Alley. She feels downtown businesses would be significantly impacted by moving it to Bridgeview Park. Page 7 of 10 City Council Meeting September 4, 2018 Mayor Kozlowski reiterated that the only negative issue is the clean-up. He would like to see a plan for getting the structure out of the park at the close of the season under various scenarios. Councilmember Polehna suggested if it is not removed by the agreed upon date, the City should remove it and charge the Ice Castles. He also would like engineers' assurance that the weight of the structure in Lowell Park does not endanger the levee wall. The consensus of the Council was to direct Ice Castles organizers to work with City staff on the determination of the site to be used,Lowell Park or Bridgeview Park,as well as a specific timeline for removal of ice and cleanliness of the Ice Castle area. The Council directed the City Engineer to engage a geotechnical engineer to determine the impact on the soils in Lowell Park. City staff will continue to review potential options for the use of Bridgeview Park. Possible approval of resolution and community solar garden subscription agreement with ReneSola Energy, Inc. City Administrator McCarty reminded the Council that in May 2016,the City approved a 25 year Solar Garden Subscription Agreement with Geronimo Energy, LLC for the provision of 503,700 kWh of electric energy for City Hall. ReneSola Energy, Inc. has submitted a proposal to provide a 25 year solar garden subscription for 1,389,696 kWh of electric energy consumption which could supply the St. Croix Valley Recreation Center and Lily Lake Ice Arena.These City facilities consume approximately 2,100,000 kWh of electric energy annually, approximately 1/3 of the City's annual electric energy consumption. The ReneSola Energy, Inc. solar garden subscription would result in an estimated energy savings of$16,885 the first year and a 25-year energy savings of over$1,460,000 through the Xcel Energy electric bill credit. Staff recommends that the Council adopt a resolution approving the Solar Garden Subscription Agreement with ReneSola, Energy, Inc. Ben Ransom, Business Development Manager for ReneSola, explained the proposed agreement. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2018-195, resolution approving Solar Garden Subscription Agreement between ReneSola Energy, Inc. and the City of Stillwater. Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: None Possible approval of bids and awarding contract for the 2018 Sidewalk Rehabilitation Project,(Project 2018-03, L.I. 415) Public Works Director Sanders stated one bid came in which was opened today and was $20,000 over the estimate. He recommends rejecting the bid and rebidding in the spring or including the project with next year's street project to get better bids. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to reject the bid for the 2018 Sidewalk Rehabilitation Project(Project 2018-03, L.I. 415). Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: None Page 8 of 10 City Council Meeting September 4, 2018 Possible approval of Bids and awarding contract for the Marylane Drainage Project (Project 2018- 08) Public Works Director Sanders explained that bids for the Marylane Drainage Improvement Project were opened on August 30, 2018 with the low bid of $214,432.00 submitted by A-1 Excavating, Inc. The engineer's estimate for this project was $176,000. Money will be used from the Storm Water Utility Fund and Brown's Creek Watershed District. Staff recommends that the City accept the bids and award the contract to A-1 Excavating, Inc. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2018-196, accepting bid and awarding the contract for Marylane Drainage Improvement Project (Project 2018-08). Ayes: Councilmembers Menikheim, 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 bids for the Veterans Memorial Parking Lot Improvement Project were opened on August 30,2018 with the low bid of$530,979.25 submitted by Redstone Construction LLC. The engineer's estimate for this project was $552,736.00. Funds will come from TIF. Staff recommends that the City accept the bids and award the contract to Redstone Construction LLC. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2018-197, accepting bid and awarding contract for Veterans Memorial Parking Lot Improvement Project(Project 2018-07). Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: None Possible approval of plans & specifications and ordering advertisement for bids for the Pioneer Park Restrooms (Project 2018-14) Mr. Sanders stated that plans and specifications for the Pioneer Park Restrooms Project are completed and staff is requesting authorization to bid. The bid date would be September 27,2018, with bids presented to Council at the October 2 meeting. The City budgeted $470,000 for this bathroom project. Funds would come from the Parks Capital Outlay Improvement Fund. Construction is expected to begin this fall with a completion date in the spring of 2019. Staff recommends approval of plans and specifications and advertisement for bids for the project. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2018-198, approve plans & specifications and ordering advertisement for bids for Pioneer Park Restroom Project(Project 2018-14). Ayes: Councilmembers Menikheim, Polehna and Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. Page 9 of 10 City Council Meeting September 4, 2018 COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adjourn at 8:44 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: ,a(f.;-41 � �... Diane F. Ward, City Clerk Resolution 2018-182, directing payment of bills Resolution 2018-183,resolution approving Human Rights Commission Youth Representative Handbook Resolution 2018-184, approving Service Agreement with Washington County (Information Technology Department) Resolution 2018-185,approving Site Access Agreement with Verizon Wireless, LLC Resolution 2018-186, a resolution approving the preliminary plat for Neal Meadows 6th Addition, Case No. 2018-37 Resolution 2018-187, a resolution approving the final plat for Neal Meadows 6th Addition, Case No. 2018-37 Resolution 2018-188, a resolution vacating the drainage and utility easements in Lot 5, Block 2,Neal Meadows, Case No. 2018-37 Resolution 2018-189, a resolution approving the preliminary plat for Neal Meadows 7th Addition, Case No. 2018-38 Resolution 2018-190, a resolution approving the final plat for Neal Meadows 7th Addition, Case No. 2018-38 Resolution 2018-191, a resolution vacating the drainage and utility easements in Lot 7, Block 2,Neal Meadows, Case No. 2018-38 Resolution 2018-192, approving the 2018 Stillwater Harvest Fest Special Event, Contract and Temporary Liquor License Resolution 2018-193, approval of Stillwater and Oak Park Heights Convention&Visitor Bureau (CVB) Bylaws (Revised 06-13-2018) Resolution 2018-194, approving the 2018 Rivertown Fall Art Festival Special Event, Contract and Temporary Liquor License Resolution 2018-195,resolution approving Solar Garden Subscription Agreement between ReneSola Energy, Inc. and the City of Stillwater Resolution 2018-196, accepting bid and awarding the contract for Marylane Drainage Improvement Project (Project 2018-08) Resolution 2018-197, accepting bid and awarding contract for Veterans Memorial Parking Lot Improvement Project(Project 2018-07) Resolution 2018-198, approve plans & specifications and ordering advertisement for bids for Pioneer Park Restroom Project(Project 2018-14) Page 10 of 10