CITY OF BAYPORT CITY COUNCIL MEETING MINUTES COUNCIL CHAMBERS MAY 1, :00 P.M.

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1 CITY OF BAYPORT CITY COUNCIL MEETING MINUTES COUNCIL CHAMBERS MAY 1, :00 P.M. CALL TO ORDER Pursuant to due call and notice, Mayor St. Ores called the regular City Council meeting of May 1, 2018, to order at 6:00 p.m., and asked Councilmembers, staff, and the audience to join in pledging allegiance to the American Flag. ROLL CALL Members Present: Mayor St. Ores, Councilmembers John Buckley, Connie Carlson, Michele Hanson, and Patrick McGann Members Absent: None Staff Present: City Administrator Adam Bell, Police Chief Laura Eastman, Fire Chief Allen Eisinger, Public Works Director Matt Kline, City Engineer John Parotti, City Attorney Andy Pratt, and Assistant City Administrator/Planner Sara Taylor SUMMARY REPORT OF APRIL 2, 2018 CITY COUNCIL CLOSED SESSION City Attorney Pratt said the open meeting law requires a summary of a closed session be provided at the next open meeting of the City Council, when the performance of an individual subject to the City Council s authority is evaluated. He reported City Administrator Adam Bell s one-year performance evaluation was discussed at the April 2 closed session and the City Council concluded that Administrator Bell is meeting or exceeding job expectations. APPROVAL OF AGENDA It was moved by Councilmember Carlson and seconded by Councilmember McGann to approve the May 1, 2018 City Council agenda. Motion carried 5-0. PROCLAMATIONS/COMMENDATIONS/PETITIONS/ANNOUNCEMENTS 1. The April recycling award recipient is Randy Beck who will be awarded for his recycling efforts, with funding made possible by a grant from Washington County. OPEN FORUM 1. Andree Aronson, th Street North, on behalf of the Youth Service Bureau (YSB), introduced a Bayport youth who shared his substance abuse story and subsequent recovery with the help of the Bayport Police Department and YSB. He performed community service with the Police Department, under the guidance of Chief Eastman and Officer Lepowsky, which reinforced his goal of becoming a police officer. He looks forward to becoming a Reserve Police Officer with the Bayport Police Department. CONSENT AGENDA Mayor St. Ores read items 1-19 on the consent agenda. 1. April 2, 2018 City Council workshop minutes 2. April 2, 2018 City Council regular meeting minutes 3. April 2, 2018 City Council closed session summary 4. April payables and receipts (check numbers ) 5. April building, plumbing and mechanical permits report 6. In kind donation from Dan and Kit Ridgway for park maintenance 7. Monetary support request from Youth Service Bureau 8. Monetary donation request from Bayport American Legion Post 491 for Memorial Day Parade 9. Stormwater management facilities declaration and easement agreement with Andersen Corporation 10. Cooperative agreement with Washington County for construction improvement costs on CSAH Cooperative agreement with Baytown and Washington County for traffic signal maintenance on

2 CSAH Designation of platted 6 th Avenue South (formerly Wisconsin Street) as 7 th Avenue South (Resolution 18-) 13. Renewal of boat trailer parking agreement with Andersen Corporation for City staff plan of work for Accept quote(s) and proceed with street spray patching maintenance 16. Purchase of a replacement command vehicle for the Fire Department 17. Special event application from Bob Johnson for Dane s Place walk/run fundraiser at Barker s Alps Park on October 20, Special event application from Valley Outreach for free produce distribution events at Perro Park 19. Special event application from Bayport American Legion Post 491 for Memorial Day Parade on May 28, 2018 Regarding item #2, April 2, 2018 City Council regular meeting minutes, Administrator Bell read the following revision to Councilmember Hanson s comments under City Council Items and Announcements: Councilmember Hanson would like to thank local businesses for placing ads in the St. Croix Valley Area Lowdown to help support the city and the Bayport Community Action League (BCAL) by encouraging visitors to our area. The ads will be published monthly in the Lowdown along with announcements from the BCAL that will highlight upcoming events in Bayport. Regarding item #10, Cooperative agreement with Washington County for construction improvement costs on CSAH 21, Administrator Bell said there was an error in Section F, #3, which stated the city s share for construction engineering/contract administration was 8%. The correct city share amount, as correctly reflected in Table 1, is.57%. Regarding item #13, Renewal of boat trailer parking agreement with Andersen Corporation for 2018, Administrator Bell said there was a discrepancy between Sections 1 and 5, in regards to who is eligible to get a permit. He said the intent of the agreement is to allow individuals who live and/or work in Bayport to purchase a permit, and staff is working with Andersen Corporation to modify the agreement for Councilmember Hanson introduced the following resolution and moved its adoption, with the changes discussed by Administrator Bell: Resolution RESOLUTION APPROVING CONSENT AGENDA ITEMS 1-19 FROM THE MAY 1, 2018 CITY COUNCIL AGENDA The motion for adopting the foregoing resolution was duly seconded by Councilmember Buckley and upon roll call being taken, the following voted via voice: Susan St. Ores aye Michele Hanson aye Connie Carlson - aye John Buckley aye Patrick McGann aye PRESENTATION OF 2017 CITY AUDIT Ryan Schmidt, Schlenner Wenner and Company, reviewed the city s 2017 audit results, stating the city received an unmodified (clean) opinion on its financial statements, with no concerns noted during the audit process. There was one significant estimate noted related to the net pension liability and related balances; Mayor St. Ores asked for clarification on the city s pension liabilities. Mr. Schmidt explained the city has been making the mandated PERA contributions; however, the PERA general plan is underfunded statewide and the city does not have control over the net pension liability or fluctuation. Segregation of duties and posting of audit adjustments were noted under internal control findings, which are common findings for smaller cities. The financial highlights of each of the city s governmental funds were reviewed. The general fund balance decreased in 2017, due to the infrastructure/street improvement project and a transfer out to the capital project fund for the new fire hall project. The general fund balance at the end of 2017 was very strong at approximately $5.7 million. The fire hall capital project fund was closed in 2017, with the interfund transfer of approximately $2.4 million. The water and sewer funds have been stable over the past five years, with moderate deficits noted, mostly due to depreciation. The end- of-year water fund balance was approximately $6.4 million and the sewer fund balance was approximately 2

3 $3.1 million. The city s total government-wide assets and liabilities were reviewed, with a positive trend in the growth of assets since It was moved by Councilmember Carlson and seconded by Councilmember Buckley to accept the 2017 City Audit as presented. Motion carried 5-0. PUBLIC HEARINGS Consider a request to vacate a portion of 7 th Avenue South right-of-way: Administrator Bell reviewed a request to vacate a portion of 7 th Avenue South between the platted alley of Oakwood Street South and the platted Argus Street (4 th Street South). The vacation is being requested to accommodate the subdivision of two lots, one of which is legally non-conforming, to create two parcels that have at least 75 feet of lot frontage, which is the minimum frontage width required by city regulations. Currently, both parcels are considered buildable, subject to city building and zoning requirements. The proposed vacation area is approximately 7,105 square feet, and a 50- foot width of 7 th Avenue South right-of-way would remain if the vacation is approved. The city granted a similar 50-foot street vacation in 1966 for the development of the property due east of the proposed vacation. If granted, the proposed vacation would match the previously vacated portion of the street. The city s current street vacation policy, adopted in 2004, calls for uniform block width and street length section vacations. City water and sewer service is available at both lots. Staff recognized that by increasing the lot frontage, the two parcels would meet the current zoning requirement for lot width, stormwater runoff and treatment options would be improved, and the larger lot would create a buffer area for surrounding properties and increase the property values and tax capacity for each lot. For these reasons, staff believes the requested street vacation is beneficial and recommended approval of the request. Administrator Bell added the vacation would be conditional upon approval of all other land use applications, i.e., minor subdivision, slope variance, being met. Discussion followed on the current street vacation policy calling for uniformity with previous vacations in the area and common local right-of-way widths being 50, 60 and 66 feet. Engineer Parotti noted there has been no public improvement of the right-of-way area proposed for the street vacation, as well as the challenges of improving this right-of-way because of the steep grades on the property slope. He said it is highly unlikely the city would consider improving the right-of-way for a roadway, and the 50 feet of right-of-way that would remain if the vacation is granted would be adequate for any city utilities that may be added. Mayor St. Ores opened the public hearing and the following were heard: Eric Johnson, 620 Oakwood Street South, requested the street vacation not be approved until the developer s plans and financing are approved and recommended that a deposit be required to assure the land being vacated is used for the specific use presented for consideration. He recommended adding language to the resolution specifying the street vacation is contingent upon variance and minor subdivision approval. Mary Williams, 638 Minnesota Street South, questioned whether the abutting property owner, the Minnesota Department of Natural Resources (DNR), had been notified of the proposed vacation and if the Councilmembers had personally visited the property. She would like to have building plans available before the city takes action on the vacation which she believes is giving away land. She feels the previous vacation granted did not meet the criteria for a street vacation, nor does this request. She recognized the green space/forest habitat characteristics of the property and mentioned there may be endangered species living there. If the lots are developed, she is concerned about the potential for landslides and/or falling trees. She believes climate change factors may be the cause of recent weather-related events and have an impact on the viability of developing the lots at this time, especially with the steep slopes. She expressed concern with a developer having the financial security to invest in making the lots buildable. Tim Jinks, 628 Oakwood Street South, also said he would like the city to have firm plans on what is proposed for the lots before a street vacation is granted. He would like to have confirmation on how many units would be built and mentioned the significant cost outlay to prepare the lots for construction, especially for retaining walls. He recognized the soil stability concerns in the area and said some tree removal was needed when his home was built to prevent trees from falling on the structures. 3

4 Todd Konigson said he is the developer for the lots and has the land under contract with Lake Elmo Bank. He described the unique design and small footprint of the home he plans to build and said he has a prospective buyer for one of the lots at this time. He noted his frustration with someone removing survey stakes from the lots and prospective buyers being scared away by the actions of nearby homeowners. He said he would share the proposed design plans with interested parties. Robert McManus, th Street South, requested clarification on whether the lots are buildable since the grade exceeds 25 degrees and a slope variance would be required. He would like to know if the DNR has provided input of the vacation and requested clarification on where the Shoreland/Bluffland boundaries are. It was moved by Councilmember Buckley and seconded by Councilmember Carlson to close the public hearing. Motion carried 5-0. Administrator Bell said the DNR was notified per state statute, with no response, and that explicit DNR consent is not required for the proposed vacation. The vacation area is not within the Shoreland/Bluffland boundary area. He reviewed the resolution language that states the vacation would not be filed with Washington County until all land use approvals required for the properties (specifically the slope variance) are granted by the City Council. He said staff cannot direct what the applicant will propose for other land use approvals or dictate to the landowner what can be built. Staff can only act on what has been proposed. Mr. Konigson said at this time he only has plans to build one single family home on the larger lot; there are no definite building plans for the other 50-foot lot that is considered legally non-conforming. He said he plans to keep as many trees on the lots as possible, in line with his company s development concept. Discussion followed on the possibility of a duplex being built on the 50- foot lot. Planner Taylor indicated this use would be allowed with a conditional use permit in this zoning district, but subject to meeting minimum lot/floor area requirements. Tina Jinks expressed concern with their property values being affected negatively if a multi-family unit is approved for one of the parcels. Administrator Bell stated Lake Elmo Bank has been involved with the street vacation process. Mayor St. Ores acknowledged the challenge of weighing the concerns of the neighborhood with the rights of the property owner. Attorney Pratt said staff considered whether the city would need the vacated area for current and/or future municipal infrastructure needs, which is the main policy decision for consideration. He added the city is following the legal process to consider this street vacation and the state ordinance referenced by a resident during the public hearing referred to the vacation of a township road right-of-way and is not applicable for this request. Administrator Bell noted a 4/5 vote in favor of the vacation resolution is required. Councilmember Hanson introduced the following resolution and moved its adoption: A RESOLUTION AUTHORIZING THE VACATION OF A PORTION OF PLATTED SEVENTH AVENUE SOUTH The motion for adopting the foregoing resolution was duly seconded by Councilmember McGann and upon roll call being taken, the following voted via voice: Susan St. Ores aye Michele Hanson aye Connie Carlson - nay John Buckley nay Patrick McGann aye Motion failed, for a lack of a 4/5 vote in favor of the vacation. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS 4

5 Consider an application submitted by Andersen Corporation for a conditional use permit (CUP) to allow the use of structural dry flood proofing for a trench and tank pit in conjunction with the approved Pasture Warehouse expansion project located at th Avenue North: Assistant City Administrator/Planner Taylor said a condition of city approval for the Pasture Warehouse expansion project at Andersen Corporation approved last month was that certain FEMA requirements for floodproofing be met. Upon review of the floodproofing certificate recently provided by Andersen Corporation for the project, the city engineer discovered the trench and tank pit facility would be constructed below the regulatory flood protection elevation. To meet FEMA requirements, Andersen Corporation has proposed the use of structural dry floodproofing for these components. This is an acceptable method for this type of facility; however, city ordinance requires a CUP to allow this specific use. The city engineer confirmed the required engineering plans and floodproofing certificate have been submitted by Andersen Corporation and staff confirmed the proposed floodproofing method complies with ordinance requirements and meets the criteria of a CUP. The trench and tank pit facility will be inside the building and not have an impact on the overall appearance of the site. Staff finds the criteria for a CUP has been met and recommended approval of the application, subject to the conditions listed in the staff report and resolution. The Planning Commission held a public hearing on the application at its April 23 meeting and no public comments were received. The Planning Commission voted to approve the CUP, subject to the findings of fact and conditions of approval recommended by staff. Councilmember Carlson introduced the following resolution and moved its adoption: Resolution RESOLUTION APPROVING ANDERSEN CORPORATION APPLICATION FOR A CONDITIONAL USE PERMIT AT TH AVENUE NORTH, LEGALLY DESCRIBED AS PART OF GOVERNMENT LOT 6 OF SECTION 2, TOWNSHIP 29, RANGE 20, BEING ALL THAT PART THEREOF LYING EAST OF THE EASTERLY LINE OF THE ST. PAUL STILLWATER AND TAYLORS FALLS RAILROAD RIGHT-OF-WAY, BAYPORT, WASHINGTON COUNTY, MINNESOTA The motion for adopting the foregoing resolution was duly seconded by Councilmember Buckley and upon roll call being taken, the following voted via voice: Susan St. Ores aye Michele Hanson aye Connie Carlson - aye John Buckley aye Patrick McGann aye Consider an application submitted by Gregg Ellingson, Hidden Pines Properties LLC, for a conditional use permit (CUP) to allow outdoor seating in conjunction with the proposed food service establishment located at rd Street North: Planner Taylor reviewed an application for a CUP to allow outdoor seating for an ice cream shop located at rd Street North. The property contains a 2-story structure and an accessory building. It is zoned B-2 Central Business and guided for commercial use. The applicant is remodeling the main structure to accommodate sales, service, restrooms, seating, and limited storage for the proposed business. The second floor will be private and used for additional storage and office space related to the business. Due to the limited seating capacity inside, a CUP has been requested for outdoor seating in the side/rear yard for up to 24 customers. The outdoor seating area would contain up to three picnic style tables for the consumption of food and non-alcoholic beverages purchased at the business, during business hours anticipated to be 12:00 noon to 9:00 p.m. daily. The property does not currently meet city code off-street parking requirements, similar to the majority of businesses in this corridor. However, staff feels there is sufficient public parking in the vicinity and recognizes that many customers will walk or bike to the business. No additional exterior improvements are proposed at this time, with the exception of landscaping, façade enhancements, and a possible dumpster enclosure, if necessary. A majority of the parcels in the immediate vicinity are zoned and used for commercial purposes, and many properties also have outdoor patios or seating with similar hours, which have not had a negative impact on the neighborhood. For these reasons, staff recommended approval of the application, subject to the conditions listed in the staff report and resolution. The Planning Commission held a public hearing on the application at its April 23 meeting and no public comments were received. The Planning Commission voted to recommend approval of the CUP, subject to the findings of fact and conditions of approval recommended by staff. 5

6 Mayor St. Ores asked if additional parking could be added in the future. Planner Taylor explained that access to the property s garage was blocked with the 2011 addition of the off-street parking on the north side of the property. At this time, the only way to add parking would be to allow the property owner to install private parking on the city s right-of-way. Planner Taylor noted that adequate waste receptacles are addressed as a condition of approval, and staff will encourage the business owners to consider the installation of bicycle racks. Robin and Gregg Ellingson, 515 Lakeside Drive South, introduced themselves as the property and business owners of Mabel s Ice Cream that they plan to operate as a seasonal business. They noted the outdoor seating will be portable and stated their desire to keep the turf and grounds in good condition. They want to create a welcoming business for families to enjoy. The applicants said the inside of the shop will seat 12 patrons and they plan to open the business in early June. Councilmember McGann reviewed the Planning Commission s discussion at the public hearing which included concerns about outdoor noise, and it was noted no outdoor music would be allowed without a special event application for possible featured events. Planning Commissioners also discussed controlling bees and other insects with effective waste management, enforcing no alcoholic consumption in the outdoor area, and concern whether 24 outdoor spaces would be adequate. Staff believes the proposed seating is sufficient at this time and the CUP could be amended to allow additional seating, if needed in the future. Councilmember Buckley introduced the following resolution and moved its adoption: Resolution RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SEATING IN CONJUNCTION WITH THE PROPOSED FOOD SERVICE ESTABLISHMENT LOCATED AT RD STREET NORTH, LEGALLY DESCRIBED AS LOT 1, BLOCK 56, BAYPORT, WASHINGTON COUNTY, MINNESOTA The motion for adopting the foregoing resolution was duly seconded by Councilmember Hanson and upon roll call being taken, the following voted via voice: Susan St. Ores aye Michele Hanson aye Connie Carlson - aye John Buckley aye Patrick McGann aye COUNCIL LIAISON REPORTS Councilmember Buckley said the Planning Commission would be meeting in joint session with the City Council on May 21, 2018, followed by a regular meeting of the Planning Commission. He recognized Councilmember McGann for covering the April 23 Planning Commission meeting in his absence. Councilmember McGann noted the April 23 Planning Commission meeting items were covered during tonight s new business. The Middle St. Croix Watershed Management Organization (MSCWMO) is sponsoring the annual St. Croix Workshop on the Water, on Wednesday, July 11, from noon to 4:00 p.m. Local officials are invited to attend. He reported the city s joint effort with the MSCWMO and Girl Scout Troop to improve the water quality in Perro Creek is moving forward. To date, $2,000 in donated project materials has been received, as well as $1,000 of in-kind time. Councilmember Hanson reported on the April 16 meeting of the Central St. Croix Valley Joint Cable Communications Commission. The commission is working on strategic planning to create a brand for Valley Access Channels, developing production services, and determining the best way to market their services. Councilmember Carlson reported on the April 24 meeting of the Library Board and reviewed upcoming events, including a book sale on May 19. The library is accepting donations of books for the sale. The library is also collaborating with the BCAL to kick off its summer reading programs at the BCAL Ice Cream Social on June 6. More information on all library programs/events is available on the library s website. 6

7 Mayor St. Ores was part of the panel for the Chamber of Commerce Toast and Topics event on April 11, along with other local officials. She mentioned the positive collaboration Bayport enjoys with the cities of Oak Park Heights and Stillwater. STAFF/CITY ADMINISTRATOR REPORTS Fire Chief Eisinger reported the call volume for April was 114, compared to 113 in The year-to-date call volume is 422, compared to 421 last year. Monthly drills, meetings, training, and community events were reviewed, with Chief Eisinger noting department members completed 306 hours of training in April (13.3 hours per member) and 167 hours of community events (7.2 hours per member). He said the department received six bulletproof vests as a result of members completing Collaborative Incident Response Active Shooter (CIRAS) training. A total of eight members completed CIRAS training in April and five more will attend in May. Chief Eisinger said former firefighter Bill Wilmes passed away recently. He served on the Bayport Fire Department from and served as Assistant Chief during his tenure. The safety tip/reminder is that recreational fires are for recreation activities only and not meant to burn trash or yard waste. Fires should always be monitored, with a fire extinguisher nearby. He cautioned residents to be mindful of burning restrictions, including red flag warnings issued by the Department of Natural Resources, during which recreational fires are not allowed. Mayor St. Ores shared a letter with the Fire Department that she received in response to a note she sent to the Mapleton, Minnesota Fire Department on the recent loss of one of their members. Police Chief Eastman reviewed past and upcoming events, including the training she recently received at the chief s conference. She said the Peace Officer Standards Training (POST) Board is providing additional funding for officers to attend training on responding to mental health situations. On May 19 and 20, it is anticipated four candidates will participate in the Reserve Officer Academy, and Councilmembers were invited to attend. Canine Officer Keylo has been in service since 2009, and due to his age, will be retiring from narcotics calls. He will continue to participate in community events, e.g., Safety Camp and Night to Unite. An officer hiring list will be generated to fill upcoming open positions within the department. Councilmember Carlson recognized Chief Eastman s commitment to the Youth Service Bureau. Public Works Director Kline reviewed monthly activity, including repairing turf damage caused by snowplowing efforts during the late season snowfalls. Park buildings officially opened this week. He noted the city will be responsible for certain utility upgrades in conjunction with the Minnesota Department of Transportation s (MnDOT) Highway 95 project slated for Staff will be providing cost estimates to the City Council at an upcoming meeting in order that city plans and specifications can be ordered and developed to coincide with MnDOT s construction schedule. Assistant City Administrator/Planner Taylor reported she is working on the next edition of the city newsletter that will be completed by the end of the month. She has been working with Mattamy Homes to record the required documents for Inspiration 4 th Addition, as well as reviewing new home construction plans for compliance with zoning ordinances. Within the last week, six new site plans have been submitted for review. A joint City Council/Planning workshop is scheduled for 4:30 p.m. on May 21, to review progress on the Comprehensive Plan update. A public open house for the Comprehensive Plan update has been scheduled for June 19; details on time and location are being finalized. Staff has been working with the St. Croix River Association on the Bike and Boat to Bayport event scheduled for May 12 at Lakeside Park, when a new bike rack will be dedicated for the park. She has also been working on proposed land use and zoning projects with multiple commercial and residential property owners. City Administrator Bell reported a joint meeting of local officials from Bayport, Oak Park Heights and Stillwater has been proposed for May 24 at 6:00 p.m. at Oak Park Heights City Hall. He reported on the MnDOT presentation on the 2020 Highway 95 Improvement Project discussed at the City Council workshop preceding tonight s meeting and asked Councilmembers to forward additional items they would like addressed with MnDOT during their planning process. Improvements discussed during the workshop included bike lanes, medians, and reducing the speed limit. It was noted that adding bike lanes would eliminate parking on the west side of Highway 95 for several blocks (approximately parking spaces). Councilmember Hanson expressed concern the public won t have an opportunity to comment on the improvements and that the City Council has not 7

8 had sufficient time to respond to MnDOT proposals. Administrator Bell explained MnDOT is not required to hold public input sessions on proposed improvements since the basic project is for mill and overlay only and noted the process does not allow the city to have much impact on changing MnDOT s plans. MnDOT has involved the city out of courtesy. He acknowledged the challenge of the long planning process and the timing of Bayport s input during different stages of the process. Staff anticipates that MnDOT will want definitive input from Bayport this summer. CITY COUNCIL ITEMS AND ANNOUNCEMENTS ADJOURNMENT It was moved by Councilmember Hanson and seconded by Councilmember Carlson to adjourn the regular meeting at 8:54 p.m. Motion carried 5-0. City Administrator/Clerk 8