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HomeMy WebLinkAbout2019-04-02 CC MIN Aillwater 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES April 2, 2019 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:34 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker and Polehna Absent: Councilmember Weidner Staff present: City Administrator McCarty City Attorney Land Police Chief Gannaway Assistant Fire Chief Ballis City Planner Wittman Public Works Director Sanders Finance Director Provos City Clerk Wolf OTHER BUSINESS Review of Leased/Licensed City-owned property City Administrator McCarty presented a list of leased and licensed City-owned properties. He stated he has contacted a real estate marketing firm in Minneapolis, which agreed to provide a proposal to do a market analysis on comparable properties. Staff would like to develop a standard lease or license agreement to use into the future with the existing and new properties. Some of the existing agreements have unlimited,ad infinitum items,raising the question, how to renegotiate something that has no end. Additionally, some of the driveway access arrangements have changed property owners, so staff would like to get current owners' names in the records. On a question by Councilmember Polehna if a license could be written for the property instead of the owner; City Attorney Land responded that encroachment agreements typically run with the land. Unless the City terminates the agreement,the use may continue regardless of property ownership. STAFF REPORTS Public Works Director Sanders gave the flood update. The dike was built to 692 elevation. The river has crested at 688.4 and will drop over the next few days.The dike will remain for a couple of weeks in case of heavy rains. He thanked all the volunteers who helped sandbag. Mayor Kozlowski inquired if some parking lots could be opened; and Police Chief Gannaway replied that as long as the dike is in place,pumps or no pumps,the barriers will need to stay. The trail is needed for access. City Council Meeting April 2, 2019 Assistant Fire Chief Tom Ballis presented the Fire Department 2018 Annual Report; and it is posted on the City web site. City Clerk Wolf reminded Councilmembers to sign up for Hands Only CPR AED and Stop the Bleed Training later in April. Public Work Director Sanders stated crews are pothole patching, cleaning up parks and starting street sweeping.The fieldhouse floor at the Armory was flooded and the basketball court and matting had to be taken up to dry out. The source of the leak was found. Finance Director Provos informed the Council that the Assistant Finance Director has resigned as of April 12. Updating the Council on lobbying for the Highway 36/Manning project, City Administrator McCarty stated there have been a couple sessions regarding capital projects and there will be a joint meeting between the House and Senate side. He reminded the Council of the Metro Cities annual meeting April 24 and the League of Minnesota Cities (LMC) annual meeting June 26-28. He informed the Council that Mayor Kozlowski will be featured at LMC Mayors' annual meeting in Stillwater April 26. Councilmember Polehna requested that notice be sent to all the property owners whose lease and license agreements will be reviewed. Mayor Kozlowski recessed the meeting at 5:00 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:02 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker and Polehna Absent: Councilmember Weidner Staff present: City Administrator McCarty City Attorney Land City Planner Wittman Police Chief Gannaway Public Works Director Sanders Finance Director Provos City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS&COMMENDATIONS There were no petitions, individuals, delegations or commendations. OPEN FORUM There were no public comments. Page 2 of 10 City Council Meeting April 2, 2019 CONSENT AGENDA February 19, 2019 regular meeting minutes Payment of bills Resolution 2019-038, approving the 2019 Compensation Adjustment for Nonrepresented Employees Resolution 2019-039, approving the 2019 Health Insurance Plan design changes for City Council Members Resolution 2019-040, approving the base pay structure placement of the Human Resources Specialist- Confidential Position Resolution 2019-041, approving Assignment Agreement with the Veterans Memorial Committee Rose Floral April 13th Event Purchase Playground Equipment for Pioneer Park Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt the Consent Agenda.All in favor. PUBLIC HEARINGS CPC Case No. 2019-07,to consider a Preliminary Plat, Rezoning, Final Plat and a Drainage and Utility Easement Vacation for the property located at 7817 Newberry Court, located in the AP district. Dan Thurmes. applicant and Michelle and Scott Lindquist, property owners. City Planner Wittman reviewed the case.Scott and Michelle Lindquist plan to subdivide 2.06 acres of land located at Lot 8,Block 1,Valley High Estates (7817 Newberry Court North) into three lots. The Lindquists would retain the northerly lot that contains their residence while two lots will be for new homes. The subdivision is to be known as Valley High Estates 2nd Addition. In order to subdivide the property as proposed, Dan Thurmes, applicant, has requested approval of the following: 1. Rezoning to RA, One-Family Residential; 2. Preliminary Plat approval of Valley High Estates, 2nd Addition, a 3 lot residential subdivision at 7817 Newberry Court North; 3. Vacation of platted drainage and utility easement; 4. Final Plat approval of Valley High Estates. Staff finds public necessity and the general community welfare warrant the adoption of the amendment and that the amendment is in general conformance with the principles and policies set forth in the Comprehensive Plan and any adopted area or specific plan. The Parks Commission determined a fee in lieu of land dedication is appropriate. The Joint Planning Board unanimously approved the rezoning and recommended that no driveway(s) be allowed to access directly onto Boutwell Road. The Planning Commission forwarded a favorable recommendation of conditional approval. Staff recommends the Council approve the preliminary plat, approve the final plat and vacation request, and hold the first reading of the rezoning,with 11 conditions. Mayor Kozlowski opened the public hearing. Dan Thurmes, Cornerstone Land Surveying, on behalf of the Lindquists, spoke to the concerns regarding access onto Boutwell. A shared driveway seems to be the most logical solution. It is an intersection so traffic speeds will be very low. Mayor Kozlowski closed the public hearing. Page 3 of 10 City Council Meeting April 2, 2019 Motion by Councilmember Collins, seconded by Councilmember Polehna,to adopt first reading of an Ordinance amending the Stillwater City Code, Section 31-300, entitled Establishment of Districts by Rezoning Property to RA, One-Family Residential; to adopt Resolution 2019-042, a resolution approving the preliminary plat for Valley High Estates 2nd addition; to adopt Resolution 2019-043, a resolution approving the final plat for Valley High Estates 2nd Addition; and to adopt Resolution 2019-044, a resolution vacating a portion of the drainage easements in Lot 8, Block 1,Valley High Estates, Case No. 2019-07. All in favor. CPC Case No.2019-08,to consider a request by Mark Guenther of Fenway Land Company,LLC, property owner for the consideration of a Final Plat, Rezoning and a Drainage and Utility Easement Vacation for Marylane Meadows. Property located at 8393 and 8313 Marylane Avenue North in the AP District. City Planner Wittman explained that Mark Guenther, Fenway Land Company, plans to develop two small acreage parcels on Marylane Avenue North (8313 & 8393 Marylane Avenue North)with a total size of 4.49 acres.The preliminary plat for the 11 lot single-family project was considered by the Planning Commission on January 23, 2019 and conditionally approved by the City Council on February 5, 2019. On March 27 the Planning Commission considered and recommended approval of the rezoning and the vacation of underlying drainage and utility easements.The request before the City Council is to: 1) approve the first reading of an ordinance to rezone the property from AP, Agricultural Preservation to RB, Two-Family Residential; 2) vacate the drainage and utility easements surrounding both of the existing lots; 3) approve the Final Plat; and 4) approve the Development Agreement.The Planning Commission recommended approval of the rezoning and the easement vacations. Staff finds that the requests are consistent with the Comprehensive Plan and are not detrimental to the neighborhood and therefore recommends approval of the first reading of the rezoning, the vacation of the existing drainage and utility easements, the Final Plat and the associated Development Agreement. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt first reading of an Ordinance amending the Stillwater City Code, Section 31-300, entitled Establishment of Districts by rezoning property to RB, Two-Family Residential; to adopt Resolution 2019-045, a resolution approving the Development Agreement for Marylane Meadows; to adopt Resolution 2019-046, a resolution vacating the drainage and utility easements in Lots 2 & 3, Block 1, Rivard Addition; to adopt Resolution 2019-047, a resolution approving the final plat for Marylane Meadows, Case No. 2019-08.All in favor. Project 2019-02.to consider the 2019 Street Improvement Project. Reabar Abdullah, Assistant City Engineer, reviewed the 2019 Street Improvement Project. The total estimated cost of the project is $2,143,427.95 including design, surveying, inspection, administration, and contingencies. 1.3 miles of streets will receive pavement reconstruction and 2.8 miles will receive mill and overlay.Residents on Broadway requested the existing stone curb and crabapple trees on the boulevard be retained, so the decision was made to do mill and overlay rather than reconstruction on Broadway.The project would be funded through assessments, permanent improvement bonds and State Aid funds.Water services will be 100% assessed. Mill and overlay streets will be 80% assessed. Page 4 of 10 City Council Meeting April 2, 2019 Reconstructed streets will be 70%assessed. State Aid streets (Broadway and Sixth Avenue) will be assessed 50%. Corner lots will be assessed at 50% of the surrounding properties. Assessments will be spread over ten years at 4.5%.The contract is scheduled to be awarded on May 21, construction to take place June through October, and the assessment hearing set for October. Public Works Director Sanders added that seniors may have their assessments deferred until a later date. Interest is still charged on the unpaid balance. He explained that Stillwater is eligible to receive State Aid money from the gas tax for up to 20% of its roads. Since they are considered collector roads with heavier use, those property owners are assessed at a lower rate. Mayor Kozlowski opened the public hearing. Myron Reubendale, 609 South Broadway, requested that the work on Broadway avoid the Fourth of July. He asked why sidewalk is needed on Triangle Park;and Public Works Director Sanders answered that the City is aware of the Fourth of July bike race and can work that into the contract. There is currently sidewalk on the west side that ends at the north end of Triangle Park. The goal is to tie sidewalk into the Triangle Park steps. Jim Waldron, 805 Sixth Avenue South, stated at the last meeting there was discussion about sidewalk not being placed on the east side of Sixth Avenue going up the hill. He questioned if that still the case; and Mr. Abdullah responded that staff will look at it more closely when doing the plans and see how the grade works. Sidewalk will only be on one side. Jennifer Tuccitto, 1003 Second Street North, commented that an assessment of$9,000+ is excessive. She inquired why Second Street was not given the same concession to retain its stone curb as Broadway was given, which would lower costs. Mr. Abdullah responded that almost all the stone curb on Second Street is gone. It will make more sense to direct water past new curb to existing catch basins. Ms. Tuccitto stated she does not have any water issues, so she is not sure why that expense can be justified. She understands the need to replace the roadway and appreciates State Aid money but feels that curbs and gutters are not a necessity. She questioned whether the project will add nearly$10,000 in value to her home. Mr.Abdullah stated the City is ordering appraisals for the whole project. The assessment might be adjusted if the assessment does not fit with the appraisal. He added that Second Street was last done in 1973. Terry Danley, 1005 North Second Street, expressed concern about a past repair project on Second Street and whether the sewer project was done properly; and Mr. Sanders replied that the main was broke so the sewer was replaced. It was not done as a reconstruction project, but an emergency repair. He added that during the feasibility study, maintenance crews televise all the sanitary or storm sewer pipes to see if there are cracks to be repaired when a street project is done. Mayor Kozlowski asked if any of the curb and gutter can be preserved; and Mr. Abdullah answered that if a whole section of pavement is removed, it would be very hard to preserve the existing curb. When snow plows hit the sandstone portions of curb, most of them are breaking: and in a lot of areas,whole sections are gone. On a question by Mayor Kozlowski if this road project is more expensive than most in Stillwater due to topography; and Mr. Sanders responded that the City must follow State Aid Page 5 of 10 City Council Meeting April 2, 2019 guidelines to receive the funds and build the road to a thicker pavement section. The hills and bluff are not factors. He reminded the audience that the extra costs are paid for by State Aid funds, not assessed. Joe Samuelson 1019 North Second, reiterated others' concerns. He inquired about the potential for the assessments to change when bids come in; and Mr. Abdullah replied that bids might come in lower or higher than the estimate, it depends on the market and prices at time of bidding. Mr. Samuelson stated there are dolomite curbs all over Stillwater.When Pine was done they were all dug up and discarded. He questioned why the City is keeping some of these and not others?What is the reason for replacing them in one neighborhood and not another; and Mr. Sanders responded that during the 2018 street project, Broadway Street was in the feasibility study.At a neighborhood meeting in 2017 or 2018 with Broadway residents,a big concern of theirs was crabapple trees.If the stone curbs were ripped out,the crabapple trees were not likely to survive. Mr. Samuelson stated the policy seems to not be equitable across all properties. He inquired about provisions for parking on Second during the project; and Mr. Sanders replied that there will be a period of time when residents would not have access to their driveways, but for the most part they will be able to park. There will be 2-3 weeks at the most when they are removing and pouring curb that residents would not be able to drive over the curb for a week. If sidewalk is being replaced they would not be able to drive over that sidewalk for maybe a week. Mr. Samuelson asked for an explanation of the assessment policy; and Mr.Sanders explained that they looked at the total cost of reconstruction from Laurel to Wilkin, figured out the lineal footage on Second, multiplied it by two (two sides of the road), divided the total cost of the project by lineal foot to achieve the lineal foot cost. Some sections are City owned. Those were deleted because they were already assessed one full unit when Third Street was done and the policy says the City cannot assess for a front and back footage. Mr. Samuelson asked how the 4.5% bond rate was determined; and Mr. Sanders answered it was assumed. Last year it was 4.25%. Tom Huelsmann, 401 Greeley Street South, asked about constructing sidewalk along the north side of Oak Street,but this is not listed elsewhere. He questioned if it is a misprint; and Mr. Abdullah responded that property east of Greeley will be assessed with sidewalk; property west of Greeley will be assessed without sidewalk. Mr. Huelsmann commented that staff and nursing home patrons feel Oak Street is a parking lot. In the winter they disregard odd/even parking. Five days a week there is a semi making deliveries to the nursing home. Five years ago a semi took out a fire hydrant right in front of his house. These things need to be considered when making assessments. Dave Brennan, 654 Broadway Street,inquired where the sidewalk locations are for Triangle Park; and Mr. Abdullah replied at the end of the sidewalk right in front of Mr. Brennan's house the sidewalk will be continued and it will go around in front of the two benches in the park and down to Broadway. If the trees cannot be moved, the contractor probably would not put sidewalk on the lower end of Triangle Park. Page 6 of 10 City Council Meeting April 2, 2019 Mr. Brennan mentioned that it should be considered a park improvement rather than residents' responsibility. He added most residents would prefer no sidewalk. Mayor Kozlowski countered that it is a sidewalk next to a street. Mr. Sanders indicated that staff can look at putting one sidewalk on the west side of the park. Since Triangle Park is City-owned, the City is paying that portion of the improvement. If sidewalk is placed around the whole perimeter of Triangle Park there would not be much park left. This will be explored as part of the design process. Mr. Brennan asked about Locust Street East, on the west side of Broadway, which is currently a paved dead end road with no curb or sidewalk; and Mr.Abdullah answered that there will be no sidewalk or curb,just another layer of pavement added. Eric McCann,413 Martha Street South,stated he wants to appeal. He questioned the thought process of per unit assessments being a fair way to handle the cost, and how did the City go from linear footage to per unit; and Mr. Sanders responded that the City has used per unit assessments for at least 20 years. Mr. McCann added that he has 50 feet on Martha Street. It seems there would be a more fair way than him paying$11,000 to have his portion of the street taken care of. Mayor Kozlowski reminded residents that the City may not assess more than the value that is added to their property as a result of the project. Appraisals will be done preemptively. There will still be some debate, but the City is trying to make this fair and reasonable. Roger Funk, who did not give his address (2600 Hidden Valley Lane), but indicated that he lives in Croixwood on a corner lot, and he appreciates being charged a half unit per side. He inquired if the so called secret sidewalk in Croixwood between Northland and Hillside will be replaced; and Mr. Sanders replied that staff will look at it. Bruce Ohland, 717 West Oak Street, asked if residents should get their own contractor to upgrade water service from the curb to the house, and is there any problem going into a stone foundation; and Mr. Sanders answered that the City will only work within the Right- Of-Way. From the curb to the house is the resident's responsibility. He suggested the residents get a contractor to look at it and requested that it be done before the City work gets started. Mr. Ohland questioned if the sewer main will be upgraded; and Mr.Abdullah responded that there do not appear to be any major issues with the sewer. Mr. Ohland then inquired if the sidewalk and street design are already etched in stone.With all the snow, street width was an issue. Putting in a six foot sidewalk on the north side of the street would have the advantage of snow melting easier as opposed to the south side since there are four properties with retaining walls that are right up to the sidewalk; and Mr. Sanders replied that unless a whole length of sidewalk needs to be replaced, the City only does 10-12 foot lengths of sidewalk. Staff will come out and meet with him to see. Dave Bataglia, 904 Pine Street West, stated homeowners were charged 50% for Pine Street, and asked why the rate is now 70%; and Mr. Sanders answered that Pine is a State Aid road and in 2014 the City changed its assessment rate for residential roads from 50% to 70%. Page 7 of 10 City Council Meeting April 2, 2019 Mr. Bataglia expressed that he pays almost$4,000 in taxes and now this $11,000 assessment is a bunch of BS. Some of his sidewalk on Pine Street is now cracked and it is only 4-5 years old. He questioned if he is going to be charged for that; and Mayor Kozlowski responded that the City does not charge for sidewalk repairs. Katie Oliveira, 2451 Hidden Valley Lane,inquired how she will know when her street will be out of commission; and Mr. Sanders replied residents can provide their email address for updates on the project alerting when certain streets will be reconstructed.The City requires the contractor to provide a construction schedule. The contractor will be given till the end of October to complete the project. Final assessment numbers will be probably be available in August. The assessment hearing will be in October. At that point residents may object to their assessment if they wish. Herbert Nelson, 620 Oak Street, asked if Oak Street will remain the same width; and Mr. Abdullah answered yes. Mr. Nelson added that he respects the procedure, but is confused by is the lateness of it. He questioned why get such a late start on construction; and Mr. Sanders responded that there are road restrictions till May. Jennifer Hintz Wille, 1202 West Pine, stated she is totally for this project because Sherburne is horrible.There have been a lot of break-ins in the neighborhood,so she is concerned about parking on the street. She requested if there could be increased patrols during construction. Two public comments were submitted in written form rather than verbally. Claudia Morgan, 805 Sixth Avenue South, wrote that she is against the project. Regarding a sidewalk to be built on the east side of Sixth Avenue South: "dangerous grade on east side; potential water issues (with hardscape) going onto property; removal of necessary landscaping to complete walk including walls, hedges, trees; sidewalk exists on west side already." Scott Wille, 1202 Pine Street West, wrote, "for the reconstruction of Sherburne Street. It is well overdue. Please start ASAP." Mayor Kozlowski closed the public hearing. Councilmember Junker thanked the residents for their comments. He realizes assessments are tough on the pocketbook. He has lived here for 60 years and has had assessments on two houses including a $90,000 house in 1994 for which he was assessed $14,000. When the road got done,he loved it.The town is unique and has over 100 miles of roads.The engineers try to look at individual circumstances and want to do each project the right way. Second Street has not been redone since 1973, so it needs some help. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2019-048, ordering improvement and preparation of Plans and Specifications for the 2019 Street Improvement Project (Project 2019-02).All in favor. UNFINISHED BUSINESS There was no unfinished business. Page 8 of 10 City Council Meeting April 2, 2019 NEW BUSINESS Opera on the River Event City Clerk Wolf reported that Operatunity Theatre and Rouse Legacy have made application to host an "Opera on the River" Event on Saturday, August 10, 2019, from 7 to 10 p.m. This event is a one-day live outdoor concert in Lowell Park.The event will not have food vendors, nor will they sell alcohol as originally planned. They will promote concert goers to bring their own blanket, lawn chair and cooler. Police will be required during consumption of alcohol.The event will block Myrtle Street and Sam Bloomer Way in front of the gazebo.The Downtown Parking Commission approved the use of parking Lot 5 for the event. The Parks &Recreation Commission recommended approval. Chico Rouse, applicant, 9585 Pawnee, explained the event will feature Jack Swanson, a Stillwater resident who is a popular opera singer. There will be no admission fee or parking required. Police Chief Gannaway stated it seems like a great event, but allowing people to bring alcohol in is a violation of the City ordinance. The event could provide alcohol and sell it if they work with the City Clerk to complete the process. It has to be a well signed, defined area, and it must be clear that patrons cannot have alcohol beyond a certain point. Mr. Rouse explained that originally they were going to sell or provide adult beverages in a gated area, but then he was informed there was not an ordinance for that. They will designate and sign the area for alcohol accordingly. Motion by Councilmember Polehna, seconded by Councilmember Collins,to approve the Opera on the River event August 10, 2019.All in favor. Crosby Hotel Valet Parking Police Chief Gannaway informed the Council that the Crosby Hotel requested that two spaces on Main Street be reserved as valet parking. The Parking Commission recommended approval. The total fee per space per year would be $2,013. During this first year, the fee would need to be pro-rated to the date of the Council decision on the request. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2019-049, resolution granting license to Midnight Realty for the operation of Crosby Hotel Valet Stations on North Main Street.All in favor. COUNCIL REQUEST ITEMS There were no Council request items. CONVENE TO CLOSED SESSION Motion by Councilmember Collins, seconded by Councilmember Junker, to close the meeting pursuant To Minn. Stat. §13d.05, Subd. 3(C) to discuss attorney-client privileged communication regarding the 2017 assessment appeals. All In Favor. The meeting was convened to closed session at 8:56 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, and Polehna. Also present: City Administrator McCarty and City Attorney Land. Page 9of10 City Council Meeting April 2, 2019 Motion by Councilmember Dunker seconded by Councilmember Collins to re-open the meeting. ADJOURNMENT Motion by Councilmember Dunker seconded by Councilmember Polehna to adjourn. All in favor. The meeting was adjourned at 9:01 p.m. Ted oz ski, Mayor ATTEST:) ) W Beth Wolf, City Clerk Resolution 2019-038, approving the 2019 Compensation Adjustment for Nonrepresented Employees Resolution 2019-039, approving the 2019 Health Insurance Plan design changes for City Council Members Resolution 2019-040, approving the base pay structure placement of the Human Resources Specialist- Confidential Position Resolution 2019-041, approving Assignment Agreement with the Veterans Memorial Committee Resolution 2019-042, a resolution approving the preliminary plat for Valley High Estates 2nd addition, Case No. 2019-07 Resolution 2019-043, a resolution approving the final plat for Valley High Estates 2nd Addition, Case No. 2019-07 Resolution 2019-044, a resolution vacating a portion of the drainage easements in Lot 8, Block 1,Valley High Estates, Case No. 2019-07 Resolution 2019-045, a resolution approving the Development Agreement for Marylane Meadows, Case No. 2019-08 Resolution 2019-046, a resolution vacating the drainage and utility easements in Lots 2 &3, Block 1, Rivard Addition, Case No. 2019-08 Resolution 2019-047, a resolution approving the final plat for Marylane Meadows, Case No. 2019-08 Resolution 2019-048, ordering improvement and preparation of Plans and Specifications for the 2019 Street Improvement Project (Project 2019-02) Resolution 2019-049, resolution granting license to Midnight Realty for the operation of Crosby Hotel Valet Stations on North Main Street Page 10 of 10