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Home My WebLink About2019-12-17 CC MIN iiI Ivater 216 4th Street N, Stillwater, MN 55082 ___�--- 651-430-8800 The Birthplace of Minnesota www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES December 17, 2019 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:02 p.m. PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Present: Mayor Kozlowski, Councilmembers Collins,Junker,Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Peter Mikhail Finance Director Provos Community Development Director Turnblad Police Chief Gannaway City Engineer Sanders Assistant City Engineer Abdullah City Clerk Wolf PETITIONS, INDIVIDUALS, DELEGATIONS&COMMENDATIONS There were no petitions, individuals, delegations or commendations. OPEN FORUM There were no public comments. STAFF REPORTS Community Development Director Turnblad noted that the master park plan for the Aiple Property will begin in January and wrap up in July. City Administrator McCarty reminded the Council of the League of Minnesota Cities Elected Leaders Institute Advanced Program in January; the Chamber's Winter Gala February 7; and the 4:00 p.m. Council workshop January 21 to present findings of the Public Works Operational Review. CONSENT AGENDA December 3, 2019 regular and recessed meeting minutes Payment of Bills Resolution 2019-146, Resolution Accepting Cash Donations Resolution 2019-147, approval of agreement with Collaborative Design Group, Inc. Animal Humane Society Impound Housing Services Agreement City Council Meeting December 17, 2019 Resolution 2019-148, resolution granting license to Patricia Wolf for the operation of Multi-Person Cycle Tours on City Streets in 2020 and rescinding Resolution 2018-266 Copier Replacement for Police Department Squad Room Resolution 2019-149, a resolution approving an Agreement relating to Landowner Improvements on 401 Main Street South (Case No. 2019-61) Gambling Premises Permit for American Legion 3rd Street Post Resolution 2019-150, designating the Stillwater Gazette and St. Paul Pioneer Press as the City's 2020 Legal Publications and approving their respective agreements Library Board Trustee Appointments Resolution 2019-151, approval of Agreement with Collaborative Design Group, Inc. Resolution 2019-152, approving new Tobacco License to Two Brian's, LLC for Brian's Gambling Premises Permit for American Legion at Acapulco Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt the Consent Agenda.All in favor. PUBLIC HEARINGS Public hearing to consider the street improvements for the Neal Avenue (Boutwell Road to White Pine Way) Improvement Project (Project 2019-08). Assistant City Engineer Abdullah explained the project. Neal Avenue will be reconstructed from Boutwell Road to McKusick Road and will have a mill and overlay from McKusick Road to White Pine Way.A trail will be added on the east side of Neal Avenue. From Boutwell to Browns Creek Trail,the street will be 26 feet wide with concrete curb and gutter, except the section between Eagle Ridge Trail and Browns Creek Trail, which would be 32 feet wide. Parking along the east side of the road and a storm sewer collection system would be added. New watermain and sanitary sewer would be installed to the properties that do not presently have City utilities. The total estimated cost of the project is $1,854,788 to be funded through City funds, assessments, Traffic Adequacy fund, storm water utility funds, and Municipal State Aid funds. State Aid Roads are assessed at 50% to the property owner, and new utilities are assessed at 100%to the property owners. Corner lots are assessed 1/2 unit per side improved.The assessment period will be 10 years.Construction will take place from May to October 2020 and the assessment hearing will be in October 2020. Mayor Kozlowski opened the public hearing. Patrick Rooney, 13033 McKusick Road North,suggested eliminating the parking on the west side of the road to leave more room for the heavy pedestrian and bike traffic. Jon Ustipak, 8005 Neal Avenue North, stated he is opposed to the project due to safety concerns and high traffic volumes from new developments.He feels a new traffic study must be done before the project is ordered. Homeowners on the east side would be affected by the road widening, curb and bike trail,while homeowners on the west side would not have to give up land. Completing the project as proposed will increase speed and do nothing to reduce traffic volume. He suggested adding bump-outs, one way in/one way out, making Neal one way,reducing the speed limit to 25 mph,adding multiple flashing speed limit signs, preserving trees, creating bends in the road, eliminating the bike trail from the project, and coordinating with the State to place traffic lights or a roundabout at Manning/McKusick. Page 2 of 6 City Council Meeting December 17, 2019 Ralph Hapness, 8031 Neal Avenue North, echoed Mr. Ustipak's comments. He expressed concern about removal of large trees. He feels it is safer for bicyclists to use the road rather than having to watch for cars pulling out of driveways while using a trail. He feels Creekside Trail is near enough. Councilmember Weidner pointed out that trails are for pedestrians as well as bicyclists. Jeff Galowitz, 8075 Neal Avenue North, stated Neal is the only way out for residents of Walnut Creek and Van Tassel, yet they will not be assessed. He requested that the Council consider that homeowners who use the road should shoulder some of the assessment burden. He agreed that a traffic study is needed. He has no problem with the road being widened, but feels it is unfair that everything is occurring on the east side of the road. Dave Gustafson, 2405 White Pine Way, stated a roundabout on Manning/McKusick might make sense. Since the road was completed to Dellwood on Highway 96 this summer, the amount of traffic has dramatically increased.The traffic pattern really needs to be studied. Public Works Director. Sanders responded that Washington County has considered installing a traffic signal at McKusick and Manning for years,but traffic volume warrants are not currently met. Councilmember Weidner asked if it is typical to do a traffic study for a street improvement project; and Mr. Sanders answered that it is not common to do a traffic study when a street has already been established. Neal has been a through street for 25+years. Speed bumps as a traffic calming measure are not allowed on State Aid Roads, and police and fire would be opposed as well.At Neal and Eagle Ridge Trail, the City may put in stop signs and a median to narrow the road, and will install bump-outs at certain locations. There is more room on the east side to do road and trail improvements. The City would not remove any trees that are outside the right-of-way area. He added that every 4 years the City does traffic counts on its State Aid Roads. He provided the traffic counts for 2013, 2017 and 2019, and stated that for a State Aid Road, Neal traffic counts are low. Councilmember Polehna inquired about making the assessment period longer; and Mr. Sanders replied that the Council can make that decision at the time of the assessment hearing. Mayor Kozlowski closed the public hearing. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2019-153,ordering improvement and preparation of Plans&Specifications for the 2019 Neal Avenue Improvement Project (Project 2019-08).All in favor. UNFINISHED BUSINESS Case 2019-58 Zoning Text Amendment to allow Schools by Conditional Use Permit within the BP-I district. Property located at 1835 Northwestern Ave Councilmember Weidner recused himself from the discussion and vote. Community Development Director Turnblad explained the ten staff recommended conditions, developed after the public hearing at the last Council meeting. Page 3 of 6 City Council Meeting December 17, 2019 Councilmember Polehna stated his only concern is parking; and Mr. Turnblad responded that any time there are complaints, the use permit may be reviewed. The school has fairly good control of the very small number of students who drive. Mayor Kozlowski remarked he feels the school will do a good job of policing parking to make sure it does not negatively impact the neighborhood. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt second reading of Ordinance No. 1136, an ordinance amending the zoning code to allow schools by Conditional Use Permit in the BP-I Zoning District.All in favor. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2019-154, a resolution approving a Conditional Use Permit for a Private High School at 1835 Northwestern Avenue (Case No. 2019-58),with the ten staff recommended conditions. Motion passed. Ayes: Mayor Kozlowski, Councilmembers Collins,Junker, and Polehna Nays: None Abstain: Councilmember Weidner NEW BUSINESS City Council and Boards and Commission Meeting Calendar for 2020 City Clerk Wolf provided the 2020 meeting calendar. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2019-155, adoption of City Council and Boards and Commissions 2020 Meeting Calendar.All in favor. CLOSED SESSION Motion by Councilmember Polehna, seconded by Councilmember Junker, to recess to closed session, Pursuant to Minn. Stat. §13D.05, subd. 3(b) to discuss attorney-client privileged communication regarding 121 Chestnut Street East All in favor.The meeting was closed at 8:10 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna. Also present: City Administrator McCarty,City Attorney Peter Mikhail and Community Development Director Bill Turnblad. Motion by Councilmember Collins, seconded by Councilmember Polehna, to reopen the meeting. The meeting was reopened at 8:26 p.m. COUNCIL REQUEST ITEMS Consideration of Approving Settlement Agreement for 121 Chestnut Street East City Attorney Mikhail explained the terms of the proposal to settle claims arising from the City's condemnation of the subject property.The owners and tenant will waive objection to the condemnation of the property. The purchase price of $900,000 includes all possible claims including claims for allocation of real estate, relocation benefits, attorney fees and Page 4 of 6 City Council Meeting December 17, 2019 any other claims. The City will lease back the prop so Shorty's may stay on site until April 30, 2020 unless they choose to vacate earlier.The City is taking the property as is, so there will be no environmental claims between the City and Shorty's except for any potential claims that may arise from Federal CERCLA law or a state version of the same concept. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2019-156, Settlement Agreement for 121 Chestnut Street East.All in favor. Note: Resolution is not available, it will be reviewed and approved at a future meeting. Authorizing Expenditure of Funds from Tax Increment District City Administrator McCarty reviewed the resolution authorizing expenditure of tax increment from District#4 for development within District#1.The fund balance in District #4 is just over$4 million.The fund balance in District#1 is roughly$500,000. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2019-157,Authorizing Expenditure of Funds from Tax Increment District.All in favor. ADJOURNMENT Motion by Councilmember Collins,seconded by Councilmember Junker,to adjourn.All in favor. The meeting was adjourned at 8:33 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Cler Resolution 2019-146, Resolution Accepting Cash Donations Resolution 2019-147, approval of agreement with Collaborative Design Group, Inc. (Aiple Park) Resolution 2019-148, resolution granting license to Patricia Wolf for the operation of Multi-Person Cycle Tours on City Streets in 2020 and rescinding Resolution 2018-266 Resolution 2019-149, a resolution approving an Agreement relating to Landowner Improvements on 401 Main Street South (Case No. 2019-61) Resolution 2019-150, designating the Stillwater Gazette and St. Paul Pioneer Press as the City's 2020 Legal Publications and approving their respective agreements Resolution 2019-151, approval of Agreement with Collaborative Design Group, Inc. Resolution 2019-152, approving new Tobacco License to Two Brian's, LLC for Brian's Resolution 2019-153, ordering improvement and preparation of Plans & Specifications for the 2019 Neal Avenue Improvement Project (Project 2019- 08) Resolution 2019-154, a resolution approving a Conditional Use Permit for a Private High School at 1835 Northwestern Avenue (Case No. 2019-58) Page 5 of 6 City Council Meeting December 17, 2019 Resolution 2019-155, adoption of City Council and Boards and Commissions 2020 Meeting Calendar Resolution 2019-156, Settlement Agreement for 121 Chestnut Street East- Resolution is not available, it will be reviewed and approved at a future meeting Resolution 2019-157,Authorizing Expenditure of Funds from Tax Increment District Ordinance No. 1136, an ordinance amending the zoning code to allow schools by Conditional Use Permit in the BP-I Zoning District Page 6 of 6