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HomeMy WebLinkAbout2019-12-03 CC MIN ot, i1I' 'vater 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota WWW.Ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES December 3, 2019 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:32 p.m. Present: Mayor Kozlowski, Councilmembers Collins,Junker and Polehna Absent: Councilmember Weidner Staff present: City Administrator McCarty City Attorney Land Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Finance Director Provos City Clerk Wolf OTHER BUSINESS Union Alley Garbage Issue Community Development Director Turnblad reminded the Council that at the November workshop, staff outlined a cooperative agreement proposal for the use of public lands in the alley between the 100 block of North Main and North 2nd Streets for trash, recycling and grease storage.The goal is to reduce the total number of containers to keep the alley cleaner through the winter. The Council was favorable to the concept, but raised concern about agreement language and which businesses would participate. The cooperative, originally proposed by Sara Jespersen of the Lumberjack Bar, in the JX Events Venue building, will be less costly to participating businesses. While that building accounts for 30% of the total trash in the cooperative, moving to four bins is a 70% reduction in bins in the alleyway. However,without the building at 123 2nd Street North in the cooperative,the program will not be more costly for participating businesses,and the trash will not be removed four times per week. He provided a proposed resolution authorizing the City Administrator to enter agreements with the cooperative participants. Councilmember Junker noted that this agreement would reduce the existing garbage cans to four two-yard containers and 1 greaser. In the future he would like to see the greaser dumped on a regular basis. There also is a restaurant linen holder and other miscellaneous items that should be removed or moved inside. Mayor Kozlowski expressed that he is in favor of JX Event Center participating in the cooperative, because it reduces the total cost; however Mr. Turnblad replied that if they participate in the cooperative,JX would have to apply for an amendment to their use permit to allow them to store garbage outside and screen it. Councilmember Polehna stated he would like Ms.Jespersen's name taken off the resolution. City Council Meeting December 3, 2019 Mr.Turnblad indicated that the Council could conceptually approve the resolution and staff can bring back the final version. City Attorney Land explained that she has prepared the cooperative agreements which state the property owners will keep the area clean, or the City will do it for them and assess the cost against the property.She added that the first"Whereas" clause can be removed naming Ms. Jespersen. If the Council is comfortable with the concept, the resolution does not have to come back to the Council. Councilmember Junker requested a deadline no later than January 31, 2020. Motion by Councilmember Junker with noted deadline and strike first Whereas, seconded by Councilmember Collins, to adopt Resolution 2019-139, a resolution approving Agreements for the Use of Public Property. All in favor. Rec Center Curling Club Community Development Director Turnblad summarized the potential management/ ownership models for establishing a curling center at the St. Croix Valley Recreation Center. He described that the preference of St. Croix Curling Club is a private public partnership. The City would own the land, lease it to the curling club, and the club would be responsible for building and maintaining it, and managing the center and the food service,possibly with a sublease to run the food service. He added that the club would like to begin its capital campaign for the future facility, but before beginning, they would like to reach conceptual agreement with the City Council on some of the main elements of a potential contract. He reviewed conceptual agreement points involving land, parking, building location, tournament scheduling and terms of commitment. They would like to construct the facility south of the dome. The existing skateboard park would be moved to the side. They would like three years to raise the money. Councilmember Junker remarked that he is not opposed to the proposal, but feels a 40 year lease is too long,and three years for fundraising is a long time to tie up the property. Further, he would like to know the cost of the parking stalls to be built. Al Taylor, St. Croix Curling Club, informed them that the group is willing to work with the City on these points. They have drafted a pro forma P & L for three years that is fairly conservative. After the first year they expect to have a lot of information about when they can raise the money.The rough cost estimate for the building is approximately$5-7 million. They expect the building to be fully paid for when they open. Councilmember Polehna pointed out that the facility would attract winter visitors and possibly world championships to Stillwater. He does not necessarily agree with some of the points in the proposed contract, such as the lease terms. He feels the proposal is good, but needs to be studied by staff and presented to the Parks Commission before action is taken. Mr. Taylor emphasized that curling also addresses the societal problem of loneliness and lack of socialization. After the curling, players are expected to socialize with their opponents. Clubs are generally very long-lived. Councilmember Junker asked if the club intends to manage, hire staff, and be responsible for everything in the building needed to run the facility; and Mr. Taylor answered yes, the board and many of the members have lots of experience running these facilities. Page 2 of 10 City Council Meeting December 3, 2019 Councilmember Polehna noted he is struggling to understand how the partnership will work and how it will operate years from now. Councilmember Junker inquired about the bottom line on annualized basis of net income; and Mr. Taylor replied $60,000 for the first few years, assuming there is no real estate tax. They estimate 500 members in year one, 750 in year two, 1000 members in year three. If there is real estate tax, that would wipe out the income. Community Development Director Turnblad remarked that the proposal needs to go to the Parks Commission. He invited Councilmembers to share input with staff over the next few weeks. Councilmember Polehna stated he would like to tour similar facilities; and suggested the skateboard park move to the public works facility at Lily Lake. Councilmember Junker indicated that he would like to know the cost of a 140-car surface parking lot, and that he has a problem with a 40-year lease. Mr. Turnblad summarized Councilmembers' concerns: a 40 year lease is too long, maybe 20 years; they want to know the cost of the parking lot, three years is too long for fundraising, the City should be an active partner in the project, and move the skateboard park to Lily Lake. Aiple Property Rowing Club Councilmember Polehna explained that he contacted the Minnesota Boat Club to discuss the possibility of using the Aiple property for silent sports activities. Ixchele McKinnie, Minnesota Boat Club,expressed willingness to help develop a plan for the property utilizing the existing house as a boat house and adding an accessible dock. This would allow for the property to be used as early as spring of 2020 for residents of Stillwater to launch their kayaks, canoes and paddleboards, as well as having a rowing club. The building could be utilized and the dock could be available, while the City works on the master plan for the park.She continued that timing is important because the team is looking for a home and want to stay a team. There are 16 rowing clubs in Minnesota, but most are in the western suburbs and only eight serve juniors. Jody Madden, whose son rows, told the Council her son got accepted into a university with a $70,000 rowing scholarship and was invited to go to the US Rowing Junior National Championships to try out for the US Junior National team, which could lead to an Olympic spot. She would like the Council to grant the club the ability to lease the house. Councilmember Polehna pointed out that he has talked to the St.Croix River Association and they are excited about working with the City on an educational component. He would like Community Development Director Turnblad to involve the Minnesota Boat Club as the master plan is drafted. The club understands that excessive parking on the property is not possible. The Parks Commission unanimously approved the concept. Councilmember Junker commented that silent water sports is exactly what the City has been eyeing for that property, however he does not have enough information about the state of the house to know if it can be saved; and Ms. McKinnie responded that the club brought in an engineer who looked at the weight capacity for the floor where the pool is. The intent would be to add garage doors to get boats in and out. Page 3 of 10 City Council Meeting December 3, 2019 Mr. Turnblad informed the Council that the RFP for consulting firms to do the master plan is out, and proposals are due by the end of December. Ms. McKinnie continued that they see the dock as a joint venture. In order for it to accommodate the kayaking launch,a veterans program and access to residents and visitors, it would be about a $40,000 investment. Councilmember Junker stated he likes the concept,but he questions how much maintenance attention the City could give to the site, logistics of parking, bathrooms, water service, site cleanup, and how the area would need to be prepared. He doubts it could be used as early as 2020; and Ms. McKinnie responded that as part of rowing and kayaking, there is a warmup period. Rowers would park downtown and use the trail to get to the boathouse. They could put a storage facility in the garage so that for a small fee, users could leave their kayaks and canoes. They have a plan for portapotties. Councilmember Polehna added that the requirement that the City demolish the house is gone. Mayor Kozlowski stated he strongly supports the concept,but he has no idea how much City staff can contribute to making it a reality; and Ms. McKinnie reported that she has 20 people lined up to help with the planning, logistics, and grants. Councilmember Junker indicated that he would like a report on the condition of the house and whether it could be opened to the public. He would like City staff to let the Council know what is feasible for spring 2020; and Mayor Kozlowski agreed. Ms. McKinnie noted that both US Rowing and the Canoe Association have liability insurance, which is part of membership. She is not the right person to work on the proposal if this is a two year project. She would like to know when to expect a decision on the use of the site so the club's young people can decide what they want to do. Councilmember Polehna commented that many people are asking why they cannot access the site. The property cost$4 million and the citizens of Stillwater want to use it. Mayor Kozlowski stated he would like a list of things that need to happen in order to sustain this idea. He would like this to be a priority, so it is not vacant for another year; and Mr. Turnblad responded that he would meet with the building official to look at the site. Council consensus was to move forward and direct staff to investigate the building and report back to the Council in January. Sustainable Purchasing Policy Moved to Consent Agenda. STAFF REPORTS Staff reports were moved to the Recessed Meeting Agenda. RECESS Mayor Kozlowski recessed the meeting at 6:00 p.m. Page 4 of 10 City Council Meeting December 3, 2019 RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Present: Mayor Kozlowski, Councilmembers Collins, Junker and Polehna Absent: Councilmember Weidner Staff present: City Administrator McCarty City Attorney Land Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Finance Director Provos Library Director Troendle Water Board Manager Robert Benson City Clerk Wolf STAFF REPORTS Police Chief Gannaway reported that the deadline to donate Toys for Tots is December 12. Fire Chief Glaser provided winter safety reminders. City Clerk Wolf announced a park naming contest for the Aiple and Palmer properties. Public Works Director Sanders reminded residents of winter odd-even parking. Library Director Troendle informed the Council that the library is collecting new books for children and teens through December 8 for Community Thread's Holiday Hope and Stillwater Head Start. Water Board Manager Benson updated the Council on the Smart Irrigation Controller program. He added that the leak survey found 13 water leaks. The Water Board continues working on its web site. As of September, $41,000 has been spent on the White Bear Lake lawsuit, including engineering and attorney fees. The Minnesota supreme court granted an appeal to review. The response brief from the Minnesota DNR was filed November 12. The Water Board's Amicus brief was filed November 19. PETITIONS, INDIVIDUALS, DELEGATIONS &COMMENDATIONS Proclamation: Stillwater Area High School Girls Cross Country State Champion Ana Weaver Councilmember Polehna lauded Ana Weaver's accomplishments as the Minnesota State High School League Cross Country Running State Champion in 2019. Mayor Kozlowski read the proclamation proclaiming December 4, 2019 Ana Weaver Day. Page 5 of 10 City Council Meeting December 3, 2019 OPEN FORUM Obed Floan, Operatunity Theater, invited everyone to Stillwater's newest New Year's Eve Tradition, singing in the new year at Trinity Lutheran Church at 7 p.m. December 31. CONSENT AGENDA Resolution 2019-140, resolution adopting a Sustainable Purchasing Policy for Stillwater's Municipal Government Purchases November 19, 2019 regular and closed session meeting minutes Payment of Bills Resolution 2019-141, approval of Agreement with HKGi Resolution 2019-142, a resolution approving an Amendment to the existing Contract for Mowing, Snow and Ice Removal and Clean Up Services, 2019-2021 Proposals for Self Contained Breathing Apparatus Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt the Consent Agenda.All in favor. PUBLIC HEARINGS Case 2019-58 to consider a request by Wild River Office Park. LLC. property owner and Paul Loomis, applicant. for a Conditional Use Permit and Zoning Text Amendment to allow a school within the BP-I district. Property located at 1835 Northwestern Avenue. Community Development Director Turnblad reported that Chesterton Academy, a Catholic High School with its west campus in Hopkins and its east campus in St Paul,needs a different location for its east campus beginning with the 2020-21 academic year. The 7,000 square foot vacant office building at 1835 Northwestern Avenue is their preferred new location. The property is zoned BP-I,Business Park-Industrial.Though schools are allowed in the BP- 0 Zoning District across the street, schools are not allowed in the BP-I Zoning District. Therefore, Chesterton Academy is requesting that the City amend its Zoning Code to allow schools by Conditional Use Permit (CUP) in the BP-I District. They are concurrently asking for a CUP in the case that the City were to approve the requested Zoning Code amendment. Staff believes it is a compatible use for the neighborhood. Except for the zoning classification, the Planning Commission unanimously supports the location of the school, but prefers that the City rezone the property to Business Park Office, rather than allow schools in an industrial district. City staff recognizes that the continued conversion of industrially zoned property to non-industrial uses is poor practice and inconsistent with the land use guiding for the property established in the Comprehensive Plan. If the Council finds the proposed school to be an acceptable use, then a better practice would be to amend the future land use map of the Comprehensive Plan and rezone the property and surrounding properties to BP-0. Councilmember Collins clarified that the Planning Commission supported the use, but they did not recommend approval or denial. They stated it should be decided by the Council. Mayor Kozlowski opened the public hearing. Dave Najarian, owner of River Valley Athletic Club across the street, pointed out that the area is already stressed for parking. He questioned how the school will accommodate Page 6 of 10 City Council Meeting December 3, 2019 parking for students, teachers and staff. He relayed that the neighbors agree that parking is going to be a big issue. He also read in the newspaper that the school is going to apply for a tax exemption. He asked if the $25,000 would get passed on to the other property owners; and Mayor Kozlowski responded that cost of the tax exemption would be passed on to everybody in the City. Roger Kuehn, who owns the building, stated it has never had an industrial use, since it was built in 1985, it has always been office use. He strongly supports Chesterton Academy using the building, saying the neighborhood is a hub for education, health and wellness. Larry Keller, representing Chesterton Academy, stated he and his wife currently have one child attending the campus at Chesterton Academy. In July, the Academy was directed by the Archdiocese of St. Paul to open their new campus in the Stillwater area. The considerations were: 1) safety; 2) accessibility; 3) growth; 4) daily Mass; and 5) cost. This building met all their requirements. City staff and the Planning Commission have agreed that this building and its neighbors do not support industrial zoning. They are requesting that the text amendment and CUP be approved tonight so they can continue recruiting, gathering donations and scheduling for next year. They are willing to help establish conditions to help ease parking concerns. Out of the current student body of St. Paul location students, only two drive daily. At no time would students need to park on the street or use the neighboring lots during the school day. Paul Loomis, chair of the Chesterton Academy of St. Croix Valley Board of Directors, stated he and his wife have two students at Chesterton. He explained the goals and philosophy of the school.They would like to move into the building May 1. Logan Connelly, President Prefect of the student body, urged the Council to support the request. Father Michael Izen, St. Mary's and St. Michaels, Stillwater, stated Chesterton Academy fits a niche that many families are looking for. John Florin,business administrator at the Church of the Blessed Sacrament,which has been hosting Chesterton Academy for the past three years, stated he had two children graduate from Chesterton. He spoke in favor of the proposal. Nathan Metzinger, Woodbury, stated his family is one of many families that would be commuting into Stillwater. He and his wife have had two children graduate from Chesterton Academy, plus a sophomore and freshman. He voiced support. Sophia Metzinger, graduate of Chesterton Academy, spoke in favor of the proposal. Pat Dewar, Roseville, a Chesterton parent, stated the school will become a valuable asset to the Stillwater community. Dan Schulte, Houlton, stated there are a lot of families living across the river who want the opportunity to send their students to Chesterton in Stillwater. Bridget Schrier, Maplewood, a Chesterton parent, stated the building suits the school's needs perfectly and the school will benefit the local economy. Beth Tressel, West St. Paul, a Chesterton parent, stated parents bringing their children to Chesterton will spend time and money in Stillwater. She added that parents carpool. Page 7 of 10 City Council Meeting December 3, 2019 Dave Beskar, Headmaster of Chesterton Academy, stated it a family-led school and will be a great supporter of the community. Mayor Kozlowski closed the public hearing. Councilmember Junker stated he is honored that the school chose Stillwater. He thinks it is a fantastic opportunity to have a Catholic high school in Stillwater; and Councilmember Collins echoed those sentiments. Mayor Kozlowski indicated that at some point,the Council should look at the zoning for this whole region, but for the certainty of parents and students, the Council should approve the text amendment. Councilmember Polehna acknowledged that the parking is horrible in the area. He would like to see an arrangement that if the school gets too big they would make some arrangement for parking. This could be added to the conditional use permit. Deona Strain,who works for building owner Roger Kuehn,stated there is more than enough room in the back to add a parking lot if needed. Motion by Councilmember Junker, seconded by Councilmember Collins, to approve first reading of an ordinance amending the Zoning Code to allow schools by Conditional Use Permit in the BP-I Zoning District.All in favor. To vacate and discontinue a portion of a public drainage easement located on a portion of Lot 1, Block 1. Rivard Addition. Property located at 8483 Marylane Avenue North. Public Works Director Sanders explained that the City received a petition from Mark and Marlene Pavlick, owners of the property at 8483 Marylane Avenue North, to vacate an existing drainage easement across their property. In 2018, the City installed a storm sewer pipe that diverted the runoff water away from the existing easement.Staff recommends that council conduct the public hearing and approve the vacation of the drainage easement. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2019-143, a resolution Vacating a Public Drainage Easement located within the City of Stillwater, Minnesota. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Encroachments at 401 S. Main Street Community Development Director Turnblad informed the Council that Dennis Kilbane of DCK Enterprises WI LLC, owner of 401 Main Street South, formerly the Stillwater Farm Store,has been trying to sell the property. However, challenges exist because of the existing City of Stillwater and MNDOT right-of-way encroachments, and a land area exception from the subject property. A survey shows portions of the structure located on public right-of- way.Mr. Kilbane has requested the City's acceptance of certain encroachments in the Nelson Page 8 of 10 City Council Meeting December 3, 2019 Street right-of-way. Staff recommends the Council conceptually approve an Encroachment Agreement with DCK Enterprises WI LLC for a portion of a concrete stoop at the Northwest entrance to the structure,and three 7'awning overhangs,an AC condenser,and two 5'wide, elevated concrete stoops with metal stairs all extending from the north façade, and direct staff to bring an executed agreement back for formal Council consideration. Motion by Councilmember Junker, seconded by Councilmember Collins, to conceptually approve an Encroachment Agreement with DCK Enterprises and to direct staff to bring an executed agreement back for formal Council consideration.All in favor. Relay for Life Stillwater Event City Clerk Wolf reported that the American Cancer Society has made application to host the Stillwater Relay for Life Event in Lowell Park on August 7 and 8, 2020.The event is proposed to include merchandise and food vendors, a DJ or live band playing from 6:30 pm to 10 pm and team participant 10x10 tents to rest under when not walking the lighted path on the lower levee walkway. They will not have any alcohol. The event will use parking lot 4 for participants to load/unload and for the food vendors. The Parks & Recreation Commission reviewed the event and recommended approval. The Downtown Parking Commission reviewed and approved the use of parking lot 4 for the event.The Organizer is working with staff on a plan B for high water. If Plan B requires any other public parking spaces it will be brought back to the Council for review. Fees will be charged according to the 2019 Fee Schedule. The Organizer must provide all insurance, coordinate with City staff and pay for City services and materials. Staff recommends approval. Lois Raboin Conn, volunteer for the American Cancer Society, explained that Stillwater resident Gordy Klatt started relay for life in Tacoma, Washington in 1985. Stillwater has raised over $3 million through this event. They would like to hold it at the river for more public exposure. Motion by Councilmember Polehna, seconded by Councilmember Junker, to approve the Relay for Life event application for August 7-8, 2020 in Lowell Park.All in favor. Truth in Taxation Presentation for 2020 Budget&Tax Levy City Administrator McCarty presented the proposed 2020 budget and levy. Finance Director Provos compared the general operating tax levy and debt service tax levy from 2019 adopted vs. 2020 proposed. The City property tax rate has gone down 1.7% although the City levy has gone up about$800,000, mainly due to the increase in the City's tax capacity. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2019-144, adopting the Final Tax Levy for the Payable Year 2020.All in favor. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2019-145, adopting the proposed Budget Appropriations for the Year 2020. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. Page 9 of 10 City Council Meeting December 3, 2019 Councilmember Polehna noted that he and Public Works Director Sanders attended a watershed meeting on Monday. Brown's Creek Watershed District rules are changing to have a more positive impact on businesses and developers in the area. He reported that the Christmas tree is going up tomorrow and the Twinkle Parade is Saturday. POSSIBLE CLOSED SESSION Council did not go into closed session. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins,to adjourn.All in favor. The meeting was adjourned at 8:57 p.m. Ted Kozlowski, Mayor ATTEST: f Beth Wolf; City Clerk Resolution 2019-139, resolution approving Agreements for the Use of Public Property. Resolution 2019-140, resolution adopting a Sustainable Purchasing Policy for Stillwater's Municipal Government Purchases Resolution 2019-141, approval of Agreement with HKGi Resolution 2019-142, a resolution approving an Amendment to the existing Contract for Mowing, Snow and Ice Removal and Clean Up Services, 2019-2021 Resolution 2019-143, a resolution Vacating a Public Drainage Easement located within the City of Stillwater, Minnesota Resolution 2019-144, adopting the Final Tax Levy for the Payable Year 2020 Resolution 2019-145, adopting the proposed Budget Appropriations for the Year 2020 Page 10 of 10