HomeMy WebLinkAbout2019-11-05 CC MIN �t,� water 216 4th Street N, Stillwater, MN 55082
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CITY COUNCIL MEETING MINUTES
November 5, 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,Weidner
Absent: Mayor Kozlowski
Staff present: City Administrator McCarty
City Planner Wittman
Police Chief Gannaway
Fire Chief Glaser
Public Works Director Sanders
Finance Director Provos
City Clerk Wolf
OTHER BUSINESS
Stillwater Lights Event
Robin Anthony, Executive Director of the Greater Stillwater Chamber of Commerce, stated
that businesses are concerned about the economic impact of the Ice Castle's withdrawal
from coming to Stillwater. With consideration of the water level of the St. Croix River, the
Stillwater Lights Steering Committee is challenged to find a location for the tunnel and
expansion of Stillwater Lights this year. The committee is requesting that the Pedestrian
Plaza and other structures be lit as well as a portion of the tunnel.
Councilmember Polehna questioned the location of the tunnel in proximity to where the
Christmas Tree is traditionally placed. It is being delivered November 29. He does not want
any conflicts with the Christmas Tree or the Twinkle Parade; and Dan O'Neill of O'Neill
Electric answered that the tunnel can be placed anywhere. He offered to help decorate the
tree if needed.
Ms. Anthony also replied that they can work around the Christmas Tree. They would like
everything possible to be lit, including fencing and buildings where possible. She explained
other components of the request: getting nonprofits to have bonfires in the park,decorating
the Pedestrian Plaza, lighting buildings, and encouraging businesses to light up their
windows.
City Administrator McCarty suggested that the Council direct staff to work with the
Chamber to develop the special event agreement and bring it back for Council approval at
the next meeting.
Motion by Councilmember Weidner, seconded by Councilmember Collins, to direct City
Administrator McCarty to work with the Chamber to put the permit together.All in favor.
City Council Meeting November 5, 2019
Main Street North Alley Trash Cooperative
City Planner Wittman reported that property owners and businesses adjacent to the alley
between the 100 block of North Main and North 2nd Streets have used this public right-of-
way for trash,recycling and grease storage,without formal agreement with the City. Dozens
of trash/recycling containers and one used grease vat are stored in the alleyway. City staff
have been aware of the cleanliness issues. Sara Jesperson of the Lumberjack Bar has
approached the City with a proposal to consolidate the multiple trash containers in the alley,
with a business cooperative utilizing two sets of trash and recycling roll-off containers and
one grease trap.A licensed trash hauler would pick up the trash four times a week and bill
the businesses an agreed percentage based on current use. The Public Works Department
plans to resurface this alley and would like to install two concrete pads to accommodate the
two new roll-off containers and grease trap. However, prior to conducting this work, the
City should get formalized agreements allowing for the use of this public land, requiring
participants to keep the area clean and free of trash and accumulated waste, and allowing
the City to assess incurred cleanup costs to the property owners, if the cooperative fails to
keep the area clean.Because of this last clause,negotiations on the cooperative have stalled.
Most of the businesses are in favor of this program. No Neck Tony's is across Myrtle Street,
which also has been using this area for garbage, is receptive but the building owner is not in
support of the proposal.JX Event Venue would like to participate.Their use permit currently
requires them to keep their trash inside. If they were a part of this, they would contribute
33% of the waste, which would necessitate a Saturday pickup. Staff is bringing this matter
before the Council to determine if the Council is favorable to allowing trash, recycling, and
grease containers to continue to be located on this public right-of-way, with or without
formalized agreements. If the Council is favorable, staff is seeking direction on how to
proceed with varying factors, including whom should be allowed to utilize consolidated
facilities in this alley and what to do for those businesses and/or owners who are not as
receptive to participation.
Councilmember Weidner stated he is not in favor of JX Event Venue adding 1/3 more trash
to this area.He would support a program involving the businesses that already use the alley
for trash. He is not opposed to No Neck Tony's using the alley for trash, because they have
nowhere else to put it.
Councilmember Junker stated he and Ms. Jesperson have been working with the property
owners and tenants. He would like to draw a hard line and not allow them to have the 36
pails in the alley that are there now. The greaser is a hazard because it is open and anyone
could walk by and stick their hand in it.
Washington County CDA 4-d Incentive Pilot Program
City Planner Wittman informed the Council that City staff has been approached by
Washington County Community Development Agency (CDA) regarding the City's support
for the CDA's 4d Incentive Pilot Program.The program works with apartment complexes in
participating cities throughout Washington County to earmark at least 20%of an individual
apartment complex's units to have rents affordable to households that make 60% or less of
the Area Median Income (AMI) or $50,000. In exchange for the 10-year committed
designation, the apartment complex would receive a reduction in their tax class rate from
1.25 to .75,which is low income apartment rate. If the City is favorable to the program, and
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City Council Meeting November 5, 2019
the CDA Board moves forward, the CDA would approach up to three specific apartment
building owners. This does not require any City general fund revenue. It is a tax shift - the
.75 to 1.25 does not go away, it gets shifted onto other taxpayers. If the Council is favorable,
staff will bring back a resolution of support.
Councilmember Weidner asked if anybody has talked to the three targeted property
owners; and Ms.Wittman replied no,the County wanted to come to the City first.
Councilmember Weidner stated he is not in favor unless the property owners are asked for
input first. He sees no evidence of a need for this program.
Councilmember Junker commented that the program could help meet the housing goals of
the 2040 Comprehensive Plan.
Vice Mayor Polehna stated he is not in favor of the program as he does not see the need for
it. He would like staff to bring more details back to the Council.
Ms. Wittman responded that she is not sure what the CDA can produce as they are not yet
ready to engage within the community.
STAFF REPORTS
Public Works Director Sanders stated the 2019 street reconstruction is mostly done for the
year.The sidewalks will be done next year.
City Administrator McCarty reported on the legislative breakfast held last week. The City
will conduct a social media training on Wednesday, November 13.
RECESS
Vice Mayor Polehna recessed the meeting at 5:34 p.m.
RECESSED MEETING 7:00 P.M.
Vice Mayor Polehna called the meeting to order at 7:03 p.m. He held a moment of silence for
Lakeland Shores former Mayor Randy Kopesky. He also noted that Mayor Kozlowski is
absent due to the death of his aunt.
PLEDGE OF ALLEGIANCE
Vice Mayor Polehna led the Council and audience in the Pledge of Allegiance.
Present: Vice Mayor Polehna, Councilmembers Collins,Junker,Weidner
Absent: Mayor Kozlowski
Staff present: City Administrator McCarty
City Attorney Land
City Planner Wittman
Police Chief Gannaway
Fire Chief Glaser
Public Works Director Sanders
Finance Director Provos
City Clerk Wolf
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City Council Meeting November 5, 2019
PETITIONS, INDIVIDUALS, DELEGATIONS&COMMENDATIONS
Badge Presentation/Oaths to Firefighters: Jake England,Anthony Harrington, Ryan Sarner and
Anthony Wald
Fire Chief Glaser gave the oath to the new firefighters.Their families pinned on their badges.
OPEN FORUM
Bob Molenda, Lens Flare Stillwater,explained the Lens Flare app and the benefits to the City
and local businesses.He stated Stillwater is the only city in the midwest,in the United States,
maybe in the nation right now that uses the app to showcase local sites. He presented an
example. He explained that Lens Flare Stillwater is losing its fiscal sponsorship as of the end
of this year and is looking for another 501C3 that can act as sponsor. It is really hard to get
face time with business people in Stillwater.A pathway is needed to get to them.
Chico Rouse, a promoter and producer, spoke in praise of the app which boosts awareness
of the history of town. He asked that the City give its blessing to the project.
Doug Menikheim, 527 South Broadway, former City Councilmember, voiced the hope that
the City will consider taking the lead in engaging those most concerned with this asset
because the group that has put it together is not interested in operationalizing it. He
suggested that the City convene a meeting to strategize about how to support the technology
and enable it to go forward.
Dick Richter, Mid Town Antiques, a member of the Independent Business Association,
acknowledged that there is a communication gap between the IBA, the Chamber and the
other entities.
Mr.McCarty stated as a starting point,he is willing to try to pull together the various entities
for discussion.
CONSENT AGENDA
October 15, 2019 regular and closed session meeting minutes
Payment of Bills
Resolution 2019-129, a resolution adopting the 2040 Comprehensive Plan
Councilmember Collins thanked all involved in 2040 Comprehensive Plan.
Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt the Consent
Agenda.All in favor.
PUBLIC HEARINGS
CPC Case 2019-56: a request by Michael McGrath, property owner and Therese Stoebner,
applicant, to consider a Zoning Text Amendment and Conditional Use Permit to allow a Dog
Training Facility located at 1815 Greeley St S to operate within the BP-I district by Conditional
Use Permit.
City Planner Wittman stated that Therese Stoebner, owner of The Greater Dog, would like
to lease the unit on the north side of the building at 1815 South Greeley Street for a dog
training facility. The primary activity would be indoor dog training classes.All dogs would
be accompanied by their owners or handlers and there would be no boarding offered. No
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City Council Meeting November 5, 2019
zoning district in the City specifically allows a dog training facility. Ms. Stoebner requested
a zoning text amendment that would allow the use by Conditional Use Permit (CUP) in the
BP-I District(Greeley Industrial Blvd area). She also requested the CUP for the dog training
facility. The Planning Commission recommended adoption of the ordinance amendment,
and approved the CUP with the condition that it only becomes effective if the City Council
adopts the ordinance amendment. Staff also recommends adoption of the ordinance
amendment.
Vice Mayor Polehna opened the public hearing.
Therese Stoebner, applicant, offered to answer questions.
Councilmember Junker asked if there will be dogs outside; and Ms. Stoebner replied that as
they grow, they will do scent training involving one dog at a time. This will be the only
outdoor training.
Vice Mayor Polehna closed the public hearing.
Motion by Councilmember Collins,seconded by Councilmember Weidner,to adopt first reading
of an ordinance amending the Zoning Code to allow dog training facilities by Conditional Use
Permit in the BP-I Zoning District.All in favor.
UNFINISHED BUSINESS
Westridge Parking Restriction Petition
Public Works Director Sanders stated that the City received a petition from residents in
Westridge Circle requesting that the parking regulations be changed to allow four vehicles
to be parked in the center of the cul-de-sac. While there is no City ordinance prohibiting
vehicles from parking in the middle of a cul-de-sac,Minnesota State Statute§169.35 dictates
that vehicles be parked parallel to the curb within 12" of the curb.
Vice Mayor Polehna asked if state law supercedes a City ordinance; and City Attorney Land
answered yes. She views it as a safety issue. Allowing people to park in the middle of a cul-
de-sac is basically allowing them to park in the middle of a street.
Vice Mayor Polehna and Councilmember Collins noted there is little public parking in the
area.
Councilmember Weidner stated this is good food for thought when developing other
neighborhoods in the future.
NEW BUSINESS
St. Croix River Riverbank Stabilization and Riverwalk Project
Public Works Director Sanders informed the Council that bids were to be opened November
8. However outstanding issues need to be resolved before a permit is approved, mainly a
survey of endangered species, including the Northern Long-Eared Bat and Higgins Eye
Pearly Mussel. Until the survey is completed,the City will not get permit approval from the
Army Corps of Engineers.It is too late in the year to conduct the survey.The earliest it could
be done would be June 2020, due to weather and water temps.Therefore, staff has canceled
the bid opening for November 8 and plans on rebidding and constructing the project next
fall. The delay will allow the City time to hire a contractor to conduct both surveys and also
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City Council Meeting November 5, 2019
to include plans for the segment of the trail by the Dock Cafe that had been deleted from the
project.A later start date would not jeopardize the State money received for the project.
Parking Ramp Revenue System
City Planner Wittman reviewed the proposals for new gate and revenue equipment for the
parking ramp, which is scheduled to be replaced this year, with $120,000 set aside in the
parking enterprise fund's capital improvement program. It is anticipated that replacing the
gate equipment will resolve the current difficulty with after-hours requests for help exiting
the parking ramp. Without stationing a staff member at the gate, the only option for the
current equipment is to transfer the call to Washington County Dispatch. The County is no
longer going to service this type of non-emergency call.The Downtown Parking Commission
has explored an option that replaces the gate equipment with an internet based revenue
management system operated from the customer's mobile phone or other handheld device.
The Parking Commission unanimously recommended that the Council pursue a contract
with Passport Parking. If the Council concurs, staff will bring a contract for the Council to
consider at a future meeting.
Police Chief Gannaway stated he spoke with three departments using Passport and they
were complimentary.
Motion by Councilmember Junker,seconded by Councilmember Collins,to move ahead with the
Passport Parking system.All in favor.
Stillwater Library Paver Replacement Project
Public Works Director Sanders stated that as part of the storm water mitigation for the
Stillwater Library Project, a permeable paver parking lot was installed on the north side of
the library. Shortly after completion of the library project in 2006, the permeable pavers
were showing excessive wear and deteriorating.Anchor Block agreed to inspect the parking
lot in 2007 and replace pavers as necessary at no cost, however this never took place.
Anchor Block has now offered replacement of all the pavers with the City paying installation
costs.Two quotes for installation were received.Staff recommends that the Council approve
the quote from Structures in the amount of$50,976.Work would be done in the spring 2020.
Motion by Councilmember Collins,seconded by Councilmember Junker,to approve the contract
with Structures.All in favor.
Approval of 2020 Lobbyist Contract
City Administrator McCarty explained that Brian McDaniel of McDaniel Law & Policy has
provided lobbying services for the past couple of years. The proposed 2020 budget not yet
adopted includes $25,000 for the lobbying services.
Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution
2019-130,resolution approving Legislative Lobbying Consulting Services Agreement between
the City of Stillwater and McDaniel Law & Policy (Franzen Moore), contingent on adoption of
the final 2020 budget.All in favor.
COUNCIL REQUEST ITEMS
There were no Council request items.
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City Council Meeting November 5, 2019
ADJOURNMENT
Motion by Councilmember Collins, seconded by Councilmember Weidner, to adjourn. All in
favor.The meeting was adjourned at 8:26 p.m.
Mich el Polehna,Vice Mayor
ATTEST:
Beth Wolf, City Clerk
Resolution 2019-129, a resolution adopting the 2040 Comprehensive Plan
Resolution 2019-130, resolution approving Legislative Lobbying Consulting Services
Agreement between the City of Stillwater and McDaniel Law&Policy (Franzen
Moore)
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