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HomeMy WebLinkAbout2018-12-18 CC MIN ii 1Water 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES December 18, 2018 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:05 p.m. Present: Mayor Kozlowski, Councilmembers Junker,Weidner and Polehna Absent: Councilmember Menikheim Staff present: City Administrator McCarty City Attorney Land Police Chief Gannaway Community Development Director Turnblad Finance Director Harrison City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of the December 4. 2018 regular and recessed meeting minutes Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve the minutes of the December 4, 2018 regular and recessed meeting. Ayes: Councilmembers Junker, Weidner, Polehna and Mayor Kozlowski Nays: None PETITIONS, INDIVIDUALS, DELEGATIONS &COMMENDATIONS Resolution 2018-271, Certificate of Appreciation Retirement - Sharon Harrison. Finance Director Motion by Councilmember Junker, seconded by Councilmember Weidner, to approve Resolution 2018-271, Certificate of Appreciation Retirement - Sharon Harrison, Finance Director. Ayes: Councilmembers Junker,Weidner, Polehna and Mayor Kozlowski Nays: None Mayor Kozlowski presented a Proclamation commending Finance Director Sharon Harrison for her dedication in serving the City and citizens of Stillwater faithfully,efficiently,ethically and courteously for 25 years. Ms. Harrison will retire January 2, 2019. Ms. Harrison thanked the staff and the Council for their support. City Council Meeting December 18, 2018 Proclamation: Stillwater High School Mountain Bike Team Mayor Kozlowski acknowledged the Stillwater High School Mountain Bike Team's state championship wins in 2017 and 2018. Team members came forward to accept a proclamation designating December 19, 2018 as Stillwater Area High School Mountain Bike Team Day. Councilmember Polehna read the proclamation and acknowledged the team's accomplishments and community activities. Proclamation: Stillwater High School Boys Soccer Team Mayor Kozlowski read a proclamation recognizing the Stillwater High School Boys Soccer Team's 2018 AA State Championship and designating December 20, 2018 as Stillwater Area High School Boys Soccer Team day. Councilmember Polehna brought the team forward to accept the proclamation. OPEN FORUM Claire Zdechlik, a student of Mr. Berquist, explained that the class members are attending the meeting as a class requirement. STAFF REPORTS Police Chief Gannaway thanked the community for their generosity in donating 3 truck loads of Toys for Tots. City Administrator McCarty reminded the Council of 2019 League of Minnesota Cities training and events. CONSENT AGENDA Resolution 2018-272, directing payment of bills Possible approval of temporary liquor license - Stillwater Elks Resolution 2018-273, approval of 2019 Fee Schedule Resolution 2018-274, possible approval of Stillwater Lights Event Contract Resolution 2018-275, approval of the Letter of Understanding for Impound Housing Services for 2019 Possible approval of Sanitary Sewer Adjustments Resolution 2018-276, designation of depositories for 2019 Resolution 2018-277, approving application to conduct off-site gambling American Legion Post 48 Resolution 2018-278, approving the 2019-2020 Labor Agreement between the City of Stillwater and Local 49 International Union of Operating Engineers Resolution 2018-279, designating the Stillwater Gazette and St. Paul Pioneer Press as the City's 2019 legal publications,and approving their respective agreements Resolution 2018-280, resolution to enter into agreement between Washington Conservation District and members of the 2019-2021 East Metro Water Resources Education Program (EMWREP) Resolution 2018-281, reappointing members to the Library Board Resolution 2018-282, approving roll-off hauler license Page 2 of 7 City Council Meeting December 18, 2018 Resolution 2018-283, one-year agreement with Polco civic engagement software platform Resolution 2018-284, approving the 2019-2020 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services (LELS) Local 257 Patrol Officers Councilmember Junker commended the Chamber and City staff on Stillwater Lights. He asked about trash enclosures. City Administrator McCarty replied City staff and the Chamber will monitor and work together on those trash enclosures and portapotties based on need. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent Agenda. Ayes: Councilmembers Junker,Weidner, Polehna and Mayor Kozlowski Nays: None PUBLIC HEARINGS Case No. 2018-14.A public hearing to consider a Zoning Text Amendment (ZAT) and City Code Amendment to regulate wireless facilities in Chapter 24: Streets Alleys and Public Property and Sections 31-315 and 31-325: Allowable Uses in Residential and Non-Residential Districts. City Attorney Land informed the Council that small wireless facilities are intended to fill the gaps in coverage of the other tall towers. She and City staff have revised the ordinance to not only be in conformance with state and federal regulations, but also to allow for the preservation of Stillwater's community character. She explained the amendments to the Zoning Code to clarify that, upon approval of a permit application, small wireless facilities are outright permitted in the Right-of-Way(ROW) in any district,but they are not permitted on private lands. The Zoning Text Amendment is proposed to add Small Wireless Facilities to the allowable use tables. The Planning Commission held a public hearing and recommended approval. Staff recommends the Council approve the first reading. Mayor Kozlowski opened the public hearing. Adam Guinee, 1205 Creekside Crossing,stated he believes that allowing companies to install cell towers anywhere can be disruptive,but he does not feel a company should be restricted based on aesthetics. He urged the Council to consider the environmental impacts of installing the small wireless facilities. Mayor Kozlowski closed the public hearing. Motion by Councilmember Weidner, seconded by Councilmember Polehna,to approve the first reading of a Zoning Text Amendment (ZAT) and City Code Amendment to regulate wireless facilities in Chapter 24: Streets Alleys and Public Property and Sections 31-315 and 31-325: Allowable Uses in Residential and Non-Residential Districts. Ayes: Councilmembers Junker,Weidner, Polehna and Mayor Kozlowski Nays: None Page 3 of 7 City Council Meeting December 18, 2018 UNFINISHED BUSINESS Possible adoption of resolutions for 2019 Budget&Tax Levy City Administrator McCarty pointed out this is a continuation of the Truth in Taxation meeting held two weeks ago. He reviewed the changes made at the direction of the Council. Changes in health insurance for retirees resulted in a better plan, saving the City about $112,000, representing a 1.2% decrease in the levy proposed two weeks ago. Finance Director Harrison explained how the property tax rate is used to calculate property taxes. Mayor Kozlowski indicated that he is comfortable including $25,000 for lobbyist fees even though there are no pending projects. Having a lobbyist ready for possible projects in the next legislative session makes sense. Councilmembers Polehna, Junker and Weidner agreed. Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2018-285, adopting the Final Budget and the commitment of certain revenue sources for the Fiscal Year 2019. Ayes: Councilmembers Junker,Weidner, Polehna and Mayor Kozlowski Nays: None Motion by Councilmember Weidner,seconded by Councilmember Polehna,to adopt Resolution 2018-286, adopting the Final Tax Levy for the Year 2019. Ayes: Councilmembers Junker,Weidner, Polehna and Mayor Kozlowski Nays: None NEW BUSINESS Nuisance Abatement Hearing- 421 Hanson Place Community Development Director Turnblad reported that in August, the owners of 421 Hanson Place worked with a code enforcement officer to clean up their yard. The problem reoccurred and on November 30,they were issued a nuisance citation to clean up their yard. They are now appealing the citation. The Council has three options: sustain the appeal and not order abatement; order abatement and the City would clean up the nuisance items and bill the property owners; table the matter. Community Service Officer Brittny Schmitz presented the evidence,including pictures taken September 5, 2018 of the backyard after the property owners cleared seven trailer loads or more of auto parts,tires, construction materials, and things intended to be used in working on cars. She felt the owners did a substantial amount of work in three weeks. However on November 29, the City received another complaint that the property had deteriorated and junk had returned. She met with the complainant and took pictures. Two of the vehicles in the backyard did not have front license plates, which falls under the abandoned vehicle ordinance, there was material from a fish house, fencing material,and a red truck bed filled with tires, in addition to some gutter material, scrap wood and other materials that were not there on September 5. The owners were given until December 5 to clean up, however they filed an appeal and everything was put on hold at that point. She did not go back there Page 4 of 7 City Council Meeting December 18, 2018 until today. All vehicles at this point are properly licensed and appear operable. The foam material, a trailer hooked to a vehicle, plastic bins with storage items, wood, pallets and other materials remain.The truck bed and the tires that were in the truck bed are gone.The property has drawn complaints from more than one neighbor. Councilmember Weidner asked if a nuisance violation is the same as an exterior storage violation. It clearly looks like a nuisance, but he would like to define the violation and the ordinance on which the Council can base its decision. Police Chief Gannaway noted the nuisance ordinance covers the depositing of any refuse, rubbish, garbage or other discarded items. Councilmember Weidner pointed out that the problem is that the property owners stated they were going to use materials. It is not discarded or abandoned. Community Service Officer Schmitz read the definition of refuse to include all waste including paper, garbage material, food, vegetable, animal or plant waste, construction debris, and detached vehicle parts. City Attorney Land noted that she has not been involved in the case.She would like to review actions taken to see if there are other definitions and other options that already exist in code that would allow the Council to enforce this as an abatement action. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to continue the hearing.All in favor. Councilmember Polehna commented this is prime example of why a yard parking ordinance is needed. Mayor Kozlowski agreed the City needs to look at nuisances, outdoor storage, and yard parking. Councilmember Weidner stated he is in favor of looking at a yard parking ordinance again. Councilmember Polehna suggested the Planning Commission look at it. City Attorney Land stated either yard parking or exterior storage regulations could be done by City code, it does not have to be a zoning ordinance so it would not have to go to the Planning Commission. Community Development Director Turnblad recommended the Council get the public involved. The City currently does not have an exterior storage ordinance for residential districts, unless they have a home occupation license. City Attorney Land remarked there are many options and staff can gather some options to present in a workshop. Councilmember Weidner reiterated that he would like to look at developing an exterior storage ordinance. Page 5 of 7 City Council Meeting December 18, 2018 Resolution approving Stillwater application for Federal Hazard Mitigation Grant through the Federal Emergency Management agency (FEMA) for retrofitting of Stillwater fire and police stations with impact resistant window film City Administrator McCarty reported that last fall, Washington County adopted a hazards mitigation plan which the City Council also approved. It makes the City eligible for grants to mitigate future hazards. The window film is not bullet resistant, but provides resistance to impact. The City's share is of the cost$11,700. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2018-287, resolution approving Stillwater application for Federal Hazard Mitigation Grant through the Federal Emergency Management Agency (FEMA) for retrofitting of Stillwater Fire and Police Stations with impact resistant window film. Ayes: Councilmembers Dunker,Weidner, Polehna and Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS Strategic Plan Update City Administrator McCarty provided an update on what has transpired in the last six months. League of MN Cities Insurance Trust 2018 Notice of Dividend City Administrator McCarty stated this year's dividend is just over$10,000. COUNCIL REQUEST ITEMS Beyond the Yellow Ribbon Update Councilmember Polehna stated Beyond the Yellow Ribbon held the 20th hunt for service members just back from Afghanistan and Iraq deployment. He thanked the community sponsors for their support. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Junker, to adjourn. Ayes: Councilmembers Junker, Weidner, Polehna and Mayor Kozlowski Nays: None The meeting was adjourned at 8:40 p.m. Ted Kozlowski, Mayor ATTE : Beth Wolf, City Cler Page 6 of 7 City Council Meeting December 18, 2018 Resolution 2018-271, Certificate of Appreciation Retirement- Sharon Harrison, Finance Director Resolution 2018-272, directing payment of bills Resolution 2018-273, approval of 2019 Fee Schedule Resolution 2018-274, possible approval of Stillwater Lights Event Contract Resolution 2018-275, approval of the Letter of Understanding for Impound Housing Services for 2019 Resolution 2018-276, designation of depositories for 2019 Resolution 2018-277, approving application to conduct off-site gambling American Legion Post 48 Resolution 2018-278, approving the 2019-2020 Labor Agreement between the City of Stillwater and Local 49 International Union of Operating Engineers Resolution 2018-279, designating the Stillwater Gazette and St. Paul Pioneer Press as the City's 2019 legal publications,and approving their respective agreements Resolution 2018-280, resolution to enter into agreement between Washington Conservation District and members of the 2019-2021 East Metro Water Resources Education Program (EMWREP) Resolution 2018-281, reappointing members to the Library Board Resolution 2018-282, approving roll-off hauler license Resolution 2018-283, one-year agreement with Polco civic engagement software platform Resolution 2018-284, approving the 2019-2020 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services (LELS) Local 257 Patrol Officers Resolution 2018-285, adopting the Final Budget and the commitment of certain revenue sources for the Fiscal Year 2019 Resolution 2018-286, adopting the Final Tax Levy for the Year 2019 Resolution 2018-287, resolution approving Stillwater application for Federal Hazard Mitigation Grant through the Federal Emergency Management Agency (FEMA) for retrofitting of Stillwater Fire and Police Stations with impact resistant window film Page 7 of 7