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HomeMy WebLinkAbout2019-05-07 CC MIN 1J\vater 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES May 7, 2019 REGULAR MEETING 4:30 P.M. Vice Mayor Polehna called the meeting to order at 4:34 p.m. Present: Vice Mayor Polehna, Councilmembers Collins,Junker and Weidner (arrived at 4:42) Absent: Mayor Kozlowski Staff present: City Administrator McCarty City Attorney Land Police Chief Gannaway Community Development Director Turnblad Public Works Director Sanders Finance Director Provos City Clerk Wolf OTHER BUSINESS Property Lease Proceeds Designation City Administrator McCarty stated that one of the City's funds,which holds the proceeds of certain lease arrangements, is designated for Lowell Park improvements. Because the City has acquired other properties along the river which will require improvements, staff recommends changing the designation so the fund may be used on any of the City's riverfront properties. Vice Mayor Polehna suggested staff research whether proceeds from the recent resale of the Curve Crest Villas property, which he believes was originally purchased with park dedication money, may be put into this fund as well. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2019-056, approving designation of certain City of Stillwater property lease proceeds previously committed to Lowell Park Improvements now to be committed to Aiple Park, Bridgeview Park and Lowell Park Improvements.All in favor. July 4th Celebration City Administrator McCarty briefed the Council on plans for Stillwater's 2019 July 4th Celebration. RES Pyrotechnics has submitted a proposal for fireworks for$48,800 which is included in the 2019 Special Events budget.The City has budgeted$10,000 in donations and $6,000 has been committed to date.Ancillary requests for funding include: bands in Lowell Park, St. Croix Jazz Orchestra in the Pioneer Park bandshell, and Civil War cannons on Mulberry Point. Total costs for this event are approximately $60,000 including fireworks. Last year total costs for the event were about $56,000. Staff requests that the Council approve the contract with RES Pyrotechnics and the additional activities and associated costs. City Council Meeting May 7, 2019 Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2019-057, approving contract with RES Pyrotechnics for Stillwater fireworks at the 2019 Stillwater 4th of July Celebration.All in favor. Motion by Councilmember Junker, seconded by Councilmember Collins, to allocate the requested funding for the St. Croix Jazz orchestra, Civil War cannons,and Lowell Park music for the 4th of July Celebration.All in favor. St. Croix River Lift&Loop Celebration Update Vice Mayor Polehna summarized plans for the community celebration being planned in conjunction with the reopening of the Lift Bridge September 27 & 28, 2019.A committee of representatives from Minnesota and Wisconsin organizations has been formed. September 27 there will be a ribbon cutting on the bridge, a dinner extending all the way across the bridge with local rotary groups and elected officials serving, and a street dance. On September 28, there will be an attempt to set the world record for the number of people holding hands around the whole loop trail ("Hands Across the Croix"). This will take about 6,200 people. There will be other activities during the day. STAFF REPORTS Public Works Director Sanders informed the Council that the dike along Lowell Park is being removed. Sandbags are being moved to the North Main parking lot and will be available for free. On May 16 staff will meet with Homeland Security Emergency Management personnel to discuss possible reimbursement for the $384,000 spent on flood fighting efforts. Police Chief Gannaway stated the annual bike rodeo at Lakeview Stillwater Medical Group main campus will be May 11. City Clerk Wolf reported that the North Star Grand Prix bike race lost its funding and was cancelled. Community Development Director Turnblad conveyed that staff is seeking direction from the Council regarding the Washington County Historical Society representative seat on the Heritage Preservation Commission (HPC). However, he has heard from Councilmember Collins about a possible solution, so this discussion will be postponed. Mr. Turnblad also indicated that staff has applied for grants to hire a consultant to assist with reviewing the City Code sections pertaining to the HPC, with the goal of cleaning up code inconsistencies including demolition regulations. A special meeting between the HPC and City Council is planned for some time in June. He also stated that staff has prepared a draft Rural Residential District for the Minar neighborhood.A neighborhood meeting was held on April 22. The draft district will be finalized and public hearings will be scheduled. Also, the first draft of the sign ordinance has been completed; it will go to the City Attorney, the Planning Commission and then the Council. He congratulated the City Planner on completing her master's degree in public administration. Councilmember Junker asked Public Works Director Sanders what is planned for the downtown light poles that were cut off; and Mr. Sanders replied that Public Works Superintendent Moore had some ideas on how to decorate the poles over the summer Page 2 of 9 City Council Meeting May 7, 2019 months. Some of the poles will be removed and replaced. Staff is working on getting quotes from a consultant to help the City look at a downtown lighting plan. City Administrator McCarty reminded the Council of the League of Minnesota Cities Annual Conference June 26-28 and Law Enforcement Memorial Day May 15. Vice Mayor Polehna recessed the meeting at 5:03 p.m. for a tour of City Hall. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:07 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker,Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Community Development Director Turnblad 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 Presentation of Council Service Awards to Aimee Pelletier (Downtown Parking Commission): Robert Goodman,Angie Hadrits &Elizabeth Welty (Heritage Preservation Commission): Claire Sand (Human Rights Commission): Bill McGlynn & Rob McGarry (Parks & Recreation Commission): Jenna Fletcher&Anne Siess (Planning Commission) Mayor Kozlowski read the Council Service Awards for retiring Commissioners and thanked them for their service. OPEN FORUM There were no public comments. GreenStep Cities Update Sheila Maybanks reported on the work of the GreenStep Cities committee. She urged the Councilmembers to review the information Planning employee Graham Tait has compiled. CONSENT AGENDA April 16, 2019 special and regular meeting minutes Payment of Bills Retail Fireworks Permit for Target and Cub Foods Norman Quacks New Liquor License Knights of Columbus Temporary Liquor License Page 3 of 9 City Council Meeting May 7, 2019 Stillwater Dog Park Water Service 2019 Hardcourt Reconstruction Project Stillwater Country Club Drainage Improvement Project Cooperative Agreement East Metro Public Safety Training Facility Agreement Sanitary Sewer Adjustments Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt the Consent Agenda.All in favor. PUBLIC HEARINGS CPC Case No. 2019-05 to consider amending the Short Term Home Rental (STHR) Ordinance to clarify existing language and to make minor procedural changes. Community Development Director Turnblad reviewed the proposed amendment. He stated that the Planning Commission recommended approval and requested that the Council consider raising the fines and license fees, and requiring criminal background checks. Staff recommends approval of the first reading of the revisions. If the Council finds increased fines, fees and criminal background checks necessary, staff will include that in the second reading document. Mayor Kozlowski asked if background checks on applicants are done now, and do other cities do background checks; and Mr. Turnblad answered he did not find any other cities in this area that do background checks on STHR applicants or that associate fines with complaints. Stillwater has had two complaints in three years, both on the same rental. The issues were corrected with no further complaints. City Attorney Land stated that in other communities,a conviction that might be tangentially related to the business, for instance any type of person-related conviction, could be considered a disqualifying event but it must have occurred within the past five years. On a question by Mayor Kozlowski about the terms for license revocation; Mr. Turnblad answered that the issue comes to the Council after the third offense and the Council decides whether to revoke the license for six months. Councilmember Weidner inquired if registered sex offenders are prohibited from holding these licenses; and Mr.Turnblad stated they could be, but are not currently prohibited from holding a STHR license. Criteria for each type of license may be different. For example,with a Type C license,the guests never see the owner. But with a Type A,the host/owner is there when guests are there. Councilmember Weidner stated that anyone who has access to the building might be a concern, depending on the severity of an offense. He does not know if theft should be a disqualifying factor, but granting a STHR license to a sexual predator or registered sex offender would be more alarming. His biggest concern is determining appropriate criteria for disqualification. Mayor Kozlowski noted that it could be determined right now without background checks whether any current license holders are registered sex offenders. Page 4 of 9 City Council Meeting May 7, 2019 City Attorney Land pointed out that many cities have rental license ordinances and there is a commonly accepted list of disqualifying offenses. She argued that theft should be on the list because it's a crime of dishonesty. Councilmember Junker stated he would like to see disqualifying offenses added to the ordinance as a safeguard for guests. On a questions by Councilmember Weidner if every occupant of the residence would need a background check, and what about juvenile record checks; Ms. Land replied it should be the property manager, owner, any adult who has access to the keys to the property, but not including juveniles. Councilmember Polehna remarked that $250 does not seem like much of a deterrent. He thinks it would cost more to enforce. Mr. Turnblad stated he does not think the fine itself is the deterrent. The bigger deterrent is the risk of losing the license for six months. Councilmember Collins pointed out if a property owner loses their license, someone else may have the license by the time they reapply. Councilmember Weidner stated he would like to see the license fees and fines cover the cost of the administration and the process, if applicable, of enforcing the regulations. Councilmember Junker stated he considers Stillwater to be a model for other cities. He applauded staff for fine tuning it the ordinance. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt first reading of an Ordinance amending and renumbering Short Term Home Rental Regulations in the Stillwater City Code, with direction to bring the draft ordinance back with additional information.All in favor. A public hearing to consider ordering the improvement and preparing plans and specifications for the 2019 Sidewalk Rehabilitation Project, Project 2019-06. Public Works Director Sanders reviewed the project.There are 50 properties with sidewalk repair proposed, mostly in the downtown area. The estimated construction cost of the sidewalk portion is $86,767. It is proposed to assess 50% of the sidewalk costs at a rate of $8.85 per square foot. The remaining share would be paid for by the City. Construction would occur over the summer with the assessment hearing in October. Staff recommends the improvement be ordered and bids advertised. Councilmember Weidner asked if appraisals are needed to justify assessments. Mr. Sanders stated the City has not done appraisals on sidewalk projects in the past. City Attorney Land stated that,with sidewalks,it's pretty safe to wait until there is an appeal and then order an appraisal if needed. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Page 5 of 9 City Council Meeting May 7, 2019 Motion by Councilmember Junker, seconded by Councilmember Weidner,to adopt Resolution 2019-058, Ordering Improvement and Preparation of Plans and Specifications for the 2019 Sidewalk Rehabilitation Project (Project 2019-06).All in favor. NEW BUSINESS 2019 Sidewalk Rehabilitation Project - approve plans & specs and authorize advertisement of bids Public Works Director Sanders stated that plans and specifications for the 2019 Sidewalk Rehabilitation Project are completed. Staff recommends approval of the plans and specifications and authorize advertisement for bids. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2019-060,Approving plans and specifications and ordering advertisement for bids for 2019 Sidewalk Rehabilitation Project (Project 2019-06).All in favor. PUBLIC HEARINGS CONTINUED A public hearing to consider Ordinance Amendment repealing City Code Section 32-1. Subdivision, Subd. 10. Forms. CPC Case No. 2019-17. Community Development Director Turnblad reviewed proposed amendments to City Code Section 32-1, Subdivision Code. The proposed Ordinance includes removal of Subd. 10, Forms, as these are not required to be codified and the City's Subdivision Forms are maintained administratively. Staff recommends approval. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt first reading of an ordinance amending Article 32-1,Subd. 10,Forms,of the City Code of the City of Stillwater. All in favor. 2040 Comprehensive Plan to review comments assembled during the 6 month jurisdictional review period and to adopt the Plan. Community Development Director Turnblad stated that the six month review period for the draft 2040 Comprehensive Plan ended on April 18, 2019. Comments from adjacent communities included no major concerns,only minor issues that were able to be addressed. Staff expects to hear from the Metropolitan Council that the City will have to more aggressively address the inflow and infiltration of stormwater and groundwater into the sanitary sewer treatment system. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Councilmembers Polehna and Collins thanked those who were involved in the effort. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2019-059, a resolution authorizing the submittal of the Stillwater 2040 Comprehensive Plan update draft to the Metropolitan Council as required by Minnesota State Law (Metropolitan Land Planning Act).All in favor. Page 6 of 9 City Council Meeting May 7, 2019 UNFINISHED BUSINESS Ordinance amending City Code Section 33-5: Minimum Standards for Construction and Reconstruction of Driveways. Community Development Director Turnblad explained proposed amendments to City Code Section 33-5, Minimum Standards for Construction and Reconstruction of Driveways. The proposed Ordinance includes: 1) Establishing the maximum residential driveway width of 16'between the property line and the back of curb; and 2) establishing a minimum standard for paver driveways. Staff recommends approval of the ordinance. Councilmember Polehna suggested 16' is too narrow. 16' should be a minimum with a maximum of 20'. Mr. Turnblad stated currently, a maximum of 16' is required only in one zoning district. In other districts there are no standards. The goal is to limit the amount of impervious surface in a yard. Mayor Kozlowski pointed out the City already has impervious surface restrictions. There should be a limit for driveways but he does not really care whether it's 16' or 20'. Motion by Councilmember Polehna, seconded by Councilmember Junker, to table adoption of an ordinance amending City Code Section 33-5, Minimum Standards for Construction and Reconstruction of Driveways and direct staff to look at average driveway widths around town. All in favor. NEW BUSINESS CONTINUED Annual Boards &Commissions Appointments City Clerk Wolf told the Council that six commissions had two or more members whose terms ended May 1, 2019.Applications were received and interviews were conducted. She presented the recommendations to fill the commission appointments. Motion by Councilmember Junker, seconded by Councilmember Weidner, to approve the appointments to the Downtown Parking Commission, Heritage Preservation Commission, Human Rights Commission, Parks & Recreation Commission, Planning Commission and the Traffic Safety Review Committee.All in favor. St. Croix Crossing Half Marathon Event City Clerk Wolf explained a proposed new event called St Croix Crossing Half Marathon, which is planned to begin in western Wisconsin, cross over the new bridge, run north along the river on the loop trail and finish by the historic lift bridge. The finish line is on the loop trail between parking lots 2 and 3 south of the lift bridge.The event will reserve parking lots 3 and the northern portion of lot 2 for the post-event activities. The event was reviewed by the Downtown Parking Commission March 21. Because City policy prohibits the reservation of on-street parking spaces on Main Street, the course was switched to the new loop trail. The organizer then had a discussion with the St. Croix Boat and Packet company and determined there would be too much congestion on the trail. Therefore the organizer submitted a third proposal to modify a portion of the race route. They would like to move the runners back onto Hwy 95 from the Oasis to the north entrance of parking lot #1. A public meeting occurred on March 21 and no public showed nor sent in any comments. The Page 7 of 9 City Council Meeting May 7, 2019 event with the second proposed route was reviewed on April 22 by the Parks and Recreation Commission. They would like the trail to remain open to the public during the event. Concerned with the congestion of the St Croix Boat and Packet Company, City staff recommended the race finish at the Shoddy Mill buildings in Bridgeview Park.The organizer responded there is not enough space there for their finish line and activities.Any associated City costs and fees will be invoiced and due July 5, 2019. Stacy Einck, Run Stillwater, stated after meeting with the Parks and Downtown Parking Commissions, the final finish line proposal is a hybrid of other options. She explained the route.She stated she has obtained the MnDOT Permit for partial use of Hwy 95.They request approval for the July 27 race. Police Chief Gannaway stated staff issues have been addressed. Councilmember Collins asked how many runners are anticipated; and Ms. Einck replied 1,000 - 1,500. Councilmember Weidner acknowledged that some of the downtown businesses have been concerned in the past about what they consider high season events, indicating they do not need additional traffic during those times. Ms. Einck commented the race will be done by 11:00 a.m.They have met with the downtown business association and they've been very supportive and excited about this event. Motion by Councilmember Junker, seconded by Councilmember Weidner, to approve the St. Croix Crossing Half Marathon July 27 with the course as proposed.All in favor. Parking Restriction on Second Street North Public Works Director Sanders stated that improvements are planned for Second Street North from Laurel Street East to Wilkins Street East this summer. Since Second Street North is a State Aid Street, the City is required to follow requirements in the design/construction of the street. State Aid standards for a 32 foot wide street are for two travel lanes and one parking lane. Therefore, the City would be required to restrict parking on one side of the street. Staff recommends that parking be restricted on the west side of Second Street North from Laurel Street East to Aspen Street. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2019-061, approving parking restrictions on S.A.P. 169-106-008 (Second Street North) from Laurel Street East to Aspen Street in the City of Stillwater, Minnesota.All in favor. COUNCIL REQUEST ITEMS Councilmember Collins thanked the volunteers who helped with the rain garden clean-out at Lily Lake. Mayor Kozlowski informed the Council that May 29 is the hundredth anniversary of the patent submission for the popup electric toaster which was invented in Stillwater. CONVENE TO CLOSED SESSION Motion by Councilmember Weidner,seconded by Councilmember Polehna,to convene to closed session Pursuant to Minn. Stat. §13d.05, Subd. 3(C) to discuss attorney-client privileged Page 8 of 9 City Council Meeting May 7, 2019 communication regarding 121 Chestnut Street East. All in favor. The meeting was convened to closed session at 8:15 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna. Also present: City Administrator McCarty, City Attorney Land, Community Development Director Bill Turnblad and Attorney Peter Mikhail of LeVandar, Gillen &Miller, P.A. Motion by Councilmember Junker seconded by Councilmember Collins to re-open the meeting. ADJOURNMENT Motion by Councilmember Junker seconded by Councilmember Collins to adjourn. All in favor. The meeting was adjourned at 9:13 p.m. Ted o ' ski, Mayor ATTEST: Beth Wolf, City Clerk..- Resolution 2019-056, approving designation of certain City of Stillwater property lease proceeds previously committed to Lowell Park Improvements now to be committed to Aiple Park, Bridgeview Park and Lowell Park Improvements Resolution 2019-057, approving contract with RES Pyrotechnics for Stillwater fireworks at the 2019 Stillwater 4th of July Celebration Resolution 2019-058, Ordering Improvement and Preparation of Plans and Specifications for the 2019 Sidewalk Rehabilitation Project (Project 2019-06) Resolution 2019-059, a resolution authorizing the submittal of the Stillwater 2040 Comprehensive Plan update draft to the Metropolitan Council as required by Minnesota State Law (Metropolitan Land Planning Act) Resolution 2019-060,Approving plans and specifications and ordering advertisement for bids for 2019 Sidewalk Rehabilitation Project (Project 2019-06) Resolution 2019-061, approving parking restrictions on S.A.P. 169-106-008 (Second Street North) from Laurel Street East to Aspen Street in the City of Stillwater, Minnesota Page 9 of 9