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HomeMy WebLinkAbout2021-11-09 CC MINillwa ter The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES November 9, 2021 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf Community Development Director Gladhill Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Library Director Troendle OTHER BUSINESS City Administrator Vacancy Recruitment Update and Approval of Agreement City Administrator McCarty informed the Council that an RFP for an executive search firm was issued and proposals were received from five firms. The subcommittee feels the proposal of David Drown Associates, Inc. (DDA), with an all-inclusive cost of $21,000, best meets the City's needs. Mark Casey, DDA, presented the City Administrator recruitment workplan and timelines. He provided a proposed agreement for professional services. Mayor Kozlowski remarked that the timeline for recruitment seems short given the holidays. He asked about the market for candidates; and Mr. Casey answered that the timeline is aggressive, but he is very confident it is workable and he does not see pressure on candidates being an issue. In -person meetings are set for January 21 and 22. He added that the market is extremely competitive now, but Stillwater has many great things going for it. He explained how the finalist process works. Councilmember Junker noted that the days set for the final interviews, January 21 and 22, are during World Snow Sculpting Championship week in Stillwater. Mr. Casey shared that he has spent 33 years in the business and that in addition to the public outreach, he will notify potential candidates in his network and the DDA database. Councilmember Junker commented on Mr. Casey's family's extensive involvement in the Stillwater community including his father's economic development activities in the 1990s/2000s. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to approve the Agreement for Professional Services and Profile. All in favor. City Council Meeting November 9, 2021 Washington County CSAH 5 Phase 3 Improvement Project Request for Support Andrew Giesen, Washington County Project Manager, explained the Washington County Phase 3 County Road 5 Improvement Project between Sycamore Street and TH 96 (Dellwood Road). It includes pavement preservation, bridge rehabilitation, trail improvements and a connection to the Browns Creek Trail. Construction is planned for 2025. The project cost will be $3.1 million, with the City's share being $110,000. The $1.6 million cost of the trail connection is not included. The County and City need to continue working together to lobby for funding to help pay for the trail connection. He asked for resolution of support. Councilmember Junker inquired if the project is just resurfacing. He recalled previous plans for reconstruction of the road almost all the way out to 96 with sidewalks and curbing; and Mr. Giesen replied it will be more than a mill and overlay due to the condition of the asphalt, but most of this segment is rural without curb and gutter and will be kept that way. On a question by Councilmember Odebrecht about the historic Stone Arch Bridge; Mr. Giesen responded it is anticipated that Washington County would cover the cost of acquisition or transfer of ownership, and preservation of the bridge. Councilmember Polehna asked if it is locked in to have the trail on the west, not the east; and Mr. Giesen answered that engineers considered many alternatives and felt the west side was preferable. Councilmember Polehna remarked that the bike trail on Hwy 5 where it comes from the south by Pine Street is in horrible condition; and Mr. Giesen responded that section of roadway is in Washington County's five-year plan for resurfacing of roadway and trail, in 2023 or 2024. Councilmember Polehna inquired about plans for Manning Avenue, which is deteriorating fast; and Mr. Giesen replied that Manning Ave is not in the County's current five-year plan. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2021-151, a Resolution of Support for County Highway 5 Phase 3 Improvement Project (County Project No. C.P. 10511). All in favor. City Legislative Priorities for 2022 City Administrator McCarty led discussion of possible legislative priorities for 2022. Staff will develop a summary background fact sheet for each of the legislative priorities and will also schedule a breakfast with legislators. Based on City Council direction, staff will initiate an RFP process to engage a lobbyist to assist. Mayor Kozlowski stated he would like to include the Brown's Creek Trail connection, Chestnut Plaza leading up to the national historic landmark bridge, and the local sales tax option. Additionally, downtown lighting, if it is eligible or likely for State funding. Councilmember Polehna stated Councilmembers have already met with legislators about tying together Lumberjack Landing and Bridgeview Park for funding purposes. He added the City discussed a local sales tax a few years ago and there was a big pushback. Mr. McCarty responded that a sales tax would be a uniform tax across the City, typically tied to a very specific capital project. Likewise with bonding bill issues - the City should have all Page 2 of 10 City Council Meeting November 9, 2021 the engineering pieces ready to go by the time the bonding bill goes to the legislature. He added that anything the City requests in a bonding bill must be matched with City funding for half the costs. Some of these items might be 2023 legislative items, as the window between now and January is really short. But it can be a two year process so it is good to start now to make sure it's on the radar screen. Councilmember Junker noted many of the items like Bridgeview Park, lighting and so on, could all be lumped into a beautification project. The City has major amenities to maintain, not only for residents but for visitors. Mayor Kozlowski suggested packaging all these projects together under the singular goal of reinventing the downtown, which has been difficult to date because of the bridge, the Army Corps levee project etc. Councilmember Polehna cautioned that there could be pushback about putting businesses in Stillwater at a disadvantage compared to other nearby communities. He would much rather look at a liquor tax or meal tax so visitors pay instead of the local residents. Mr. McCarty added that at the next EDA meeting, staff will discuss different funding mechanisms and tools that the City and EDA have available. Council consensus was to direct staff to work on setting up a breakfast with legislators and develop an RFP for lobbyist proposals. Discussion of an Interim Ordinance on Cannabis and CBD City Attorney Land stated that in 2014, the THC Therapeutic Research Act legalized the use of marijuana -derived compounds for medical purposes in Minnesota, and created a legal framework for the manufacturing, testing, and distribution of medical marijuana. There have been many expansions to the law from the original 2014 version regarding qualifying conditions, distribution sites, and methods of delivery. Recreational sales of marijuana could be considered general retail uses and move into any storefront in any business district. Such uses may be incompatible or inharmonious in certain zoning districts and with other land uses. In addition, there are potential security concerns surrounding sales of marijuana. She recommends the Council enact an interim ordinance for up to one year to give staff time to research the issue. Mayor Kozlowski asked if CBD shops get grandfathered into distributing recreational marijuana, or may the City pass a moratorium on recreational dispensaries in anticipation of that happening; and is there anything the City can do now, that does not have to do with existing CBD shops, that would require a Conditional Use Permit for a dispensary; and Ms. Land replied answered that CBD shops would be a natural to become the recreational marijuana distribution forum. The moratorium will allow time to figure out the zoning issues. Councilmember Odebrecht inquired if a CBD shop could be converted to a marijuana shop if the legislature passes a recreational use policy, and would the proposed moratorium apply to that shop as well; and Ms. Land responded that CBD and Cannabis are separate, but they are tied together in the moratorium. Both uses would be restricted from expanding, but CBD shops would not be shut down. She added that cities like St. Paul are being very restrictive on retail smoke shops, so that will push them out into the suburbs. Inquiries are already coming. Page 3 of 10 City Council Meeting November 9, 2021 On a question by Mayor Kozlowski about what the current zoning says about dispensaries; Community Development Director Gladhill replied that while there are some restrictions on manufacturing downtown in the Central Business District, the moratorium will give time to better understand manufacturing of this product and the impacts. Councilmember Junker asked if the two current CBD stores downtown are under a Special Use Permit; and Ms. Land answered no, they came in as general retail. If the Council is fine with these uses, that is okay, but if the Council wishes to look at the issue then a pause is warranted. Councilmember Odebrecht stated input from residents will be important. STAFF REPORTS Public Works Director Sanders stated the Lily Lake Infiltration Basin Project is almost completed. There will be a lot of work on the Riverbank Restoration Project over the winter. Police Chief Mueller reported that winter odd -even parking rules began November 1. Public Safety personnel escorted the Stillwater Girls Soccer Team to State. There has been a significant increase in mental health issues. Community Development Director Gladhill shared that the tax increment financing and development agreements for the 200 Chestnut apartments are being negotiated and should come to the Council on December 7. Repair of the Bergstein Shoddy Mill and revised cost estimates for a transient dock will come before the Council in December. An appeal on a use permit for Stillwater Towing, approved by the Planning Commission, will be heard on December 7. City Clerk Wolf thanked election judges and staff, especially Joni Polehna. City Attorney Land reminded the Council that the appeal on the Stillwater Towing use permit will be De Novo, "do -over." She cautioned against Councilmembers voicing personal opinions, and stated to encourage constituents who may be contacting individual Councilmembers to come to the December 7 public hearing. City Administrator McCarty updated the Council on OSHA COVID rules. He reminded the Council of the Truth in Taxation meeting December 7. Also December 7, the Council will see a preliminary report on funding allocation of ARPA funds. Staff are reviewing numerous event applications for winter; recommendations will be brought forward. Downtown lights will be put up November 12 on the buildings, and on November 26 the bridge and plaza lights will go on. After discussion, the Council decided the Christmas tree location should be on the Chestnut Street Plaza. Library Director Troendle shared information about the fall book sale and other upcoming events. RECESS Mayor Kozlowski recessed the meeting at 6:02 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Page 4 of 10 City Council Meeting November 9, 2021 Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf Community Development Director Gladhill Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS There were no recognitions or presentations. OPEN FORUM Gary Summerville, 815 Everett Dr, spoke regarding the Stillwater Towing use permit and variance to the forest protection requirements. He read the findings and recommendation section of the planning report stating that the use conflicts with some of the City's goals, and that point and non -point pollution could occur, damaging natural resources. He strongly opposes the variance and use permit. Mayor Kozlowski recommended that Mr. Summerville come to the December 7 public hearing on the appeal. Louise Hansen, 212 N Second St, voiced concerns about the dangerous intersection of Commercial and N Second St. The crosswalk should be marked on three sides and signed. Mayor Kozlowski stated at the last Council meeting, Public Works Director Sanders was asked to look at that intersection. Ms. Hansen also reiterated concerns about skateboarders downtown and stated it would be a mistake to put the skateboard park downtown. CONSENT AGENDA October 19, 2021 regular and closed session meeting minutes Payment of Bills Resolution 2021-152, a Resolution Approving the Abatement of Special Assessment Ordinance No. 1175, an Ordinance amending Stillwater City Code Chapter 31-101 regarding graphic design signs, 31-202 regarding sign design approval, 31-404 regarding Design Permit Heritage Preservation Commission review and amending Chapter 31-509 regarding sign regulations Resolution 2021-153, Resolution to Enter Into Agreement Between Washington Conservation District and Members of the 2022-2024 East Metro Water Resource Education Program (EMWREP) Resolution 2021-154, Electing to Participate in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act - Calendar Years 2022 through 2030 Page 5 of 10 City Council Meeting November 9, 2021 Resolution 2021-155, Approving Service Agreement with HKGi for Design and Engineering Services Related to Lumberjack Landing Short Term Improvements Pine Tree Trail Stormwater Rain Garden Agreement Sanitary Sewer Adjustments Resolution 2021-156, Approval of Agreement of Assessment and Waiver of Notice, Hearing and Appeal and Adopting Assessment for Water Service Line Repairs Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case No. 2021-54 to consider a request by Todd Ganz of Integrity Land Development, applicant and Gary and June Jorgensen. property owners for a Re -subdivision to split 13187 DelIwood Rd N into two lots and a rezone from AP to RB (tabled from October 5. 2021) Community Development Director Gladhill reviewed the case. Gary Jorgensen is proposing to split his 3.8-acre lot into two lots, both accessed off of the existing driveway. As the property has never been platted, it requires a formal platting process. Todd Ganz of Integrity Land Development has submitted a request for consideration of preliminary and final plats. Because the property is currently zoned AP - Agricultural Preservation, the Resubdivision requires rezoning the property. City staff has clarified that this lot has dedicated access to Highway 96 and is able to use an existing right of way. The property to the north of Hwy 96 is almost fully encumbered by MnDOT perpetual road easement, and may only be used for access and road purposes. That property owner also owns a small portion of property outside the roadway easement, but that part is too small to be buildable under current standards. Legally speaking, the project may move forward as presented. The Planning Commission has recommended approval of the plat. Councilmember Junker asked if there would still only be one access off Hwy 96 serving the two lots; and Mr. Gladhill answered that is correct. Councilmember Junker inquired if there is any thought that in future, either of these two homes could ever be hooked up to City water and sewer; and Mr. Gladhill replied that is open. The City is asking for drainage and utility, easement so if there ever is an opportunity, hookup could be done, possibly from Heifort Hills development. But it is not necessary at this time for the single lot. On a question by Councilmember Polehna about it being a goal to hook up to City services; Mr. Gladhill responded that having City services is always the goal, but sometimes the economics of a project do not make that feasible. If this were a multi -lot subdivision, absolutely, but the economics may not make sense at this point. Mayor Kozlowski opened the public hearing. Diana Middleton, 9142 Newgate Ave N., stated when she bought the land it was part of Stillwater Township. The parcel everybody keeps saying is not worth anything is approximately two acres. Ms. Middleton's brother Dale continued, saying there is approximately 1/2 acre that is not encumbered. They have been talking with attorney Fritz Knaak and have watched a lot of the City meetings on this issue. He stated that at the Parks Commission meeting it was stated Page 6 of 10 City Council Meeting November 9, 2021 that MnDOT would only allow two parcels on that property, yet at the Planning Commission it was stated that it was a City ordinance that prevented more than two properties from using that driveway. He asked if there is a letter from MnDOT clarifying the restriction. Ms. Middleton stated the letter she got from City Planner Wittman stated the case had already been approved and that if the Middletons ever want to develop, it would be their responsibility to pay for the improvement to Hwy 96 to add another driveway. Ms. Middleton asked why should she have to pay to access her land? The loop in the driveway cuts through her land. She has approached the City numerous times over the years. This is being initiated by the development. The Middletons own land on both sides of Hwy 96 so they are unsure what exactly is their buildable area. They keep asking and get different answers. She is not opposed to the Jorgensens building on that lot, but she does not want to be unable to access her property. Mr. Gladhill told the Council that MnDOT has responded and stated they will not allow any new accesses onto Hwy 96. Secondarily, City Code says no more than two homes can share a driveway. The portion of the Middletons' parcel that is NOT encumbered by MnDOT right- of-way or easement is not buildable due to standards for lot size, width, setbacks, etc. So if they want it to be buildable, it would require some sort of variance. Ms. Middleton's brother Dale stated if the City gives the driveway rights away to the other property, it is basically condemning the Middletons' property. Ms. Middleton stated the plans submitted refer to an agreement with the neighbors to the north (herself) to access the driveway, yet she has never had such an agreement. Mr. Gladhill stated since it is MnDOT easement right-of-way, the Jorgensens have the legal right to use that driveway. Mayor Kozlowski remarked it appears to be unbuildable not due to the driveway, but the size of the parcel. The City is not giving away rights to anybody else. Ms. Middleton's brother Dale asked that the decision be tabled until the next Council meeting to give them a chance to meet with City Planner Wittman. Mr. Gladhill stated the development in question does not solve the issues that pre-existed on the Middletons' property, so staff would have to deal with this regardless. Gary Jorgensen, via Zoom, referred to the letter from City Planner Wittman, stating he has the driveway access due to the MnDOT right-of-way. No one has been able to identify the supposed agreement with the neighbors to the north, but it is not necessary because he has access through the highway right-of-way. These open ended issues keep delaying the project when he keeps thinking he has met all the criteria. Mayor Kozlowski closed the public hearing. He empathized with the Middletons because they appear to have a landlocked parcel, but he agrees with staff that this project has nothing to do with that. Councilmember Odebrecht stated the access the Jorgensens have is legal, as confirmed by Washington County. He agreed the Middletons have a landlocked property with a problem that has to be solved, but this case is not the vehicle to solve it. Page 7 of 10 City Council Meeting November 9, 2021 Mr. Gladhill stated it is true that it is not buildable now, so there will be need for some degree of improvement, probably a driveway extension. That is traditionally the cost of the person who is going through the subdivision process. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt Resolution 2021-157, A Resolution Approving a Preliminary Plat for Jorg Hills Estate (Case No. 2021-54) and to adopt Resolution 2021-158, A Resolution Approving Final Plat for Jorg Hills Estate (Case No. 2021-54) and to adopt first reading of an Ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately four acres to RB, Two -Family Residential (Case No. 2021-54). All in favor. UNFINISHED BUSINESS Chestnut Street Plaza Contract Amendment Community Development Director Gladhill explained that the Project Manager, TKDA, is working on construction plans with the intent to have fully completed plans by the end of winter, and bid the project in early 2022. Staff is seeking direction on several items in order to move forward. He reviewed the concept design revisions and the reasons for them. The Council is asked to approve the Contract Amendment with TKDA in the amount of $79,866.50, due to additional project management and design needs. He reminded the Council that 50% of the design costs are reimbursed by MnDOT. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2021-162, Resolution approving TKDA request for Amendment No. 1, Additional Landscape Architecture and Engineering Design Services for Chestnut Street Plaza. All in favor. NEW BUSINESS Watering Restrictions Ordinance Amendment Public Works Director Sanders explained this is a repeal and replacement of the existing ordinance on handling emergency situations of water use and summer water restrictions. Residents installing new sod would be able to apply for a 30-day waiver of water restrictions. Councilmember Polehna gave kudos to Mr. Sanders and the Water Department on getting residents to conserve water via Smart Controllers and other efforts. Councilmember Odebrecht stated those with sprinkler systems will find it easy to comply by pushing buttons, but for those who hand -water, he is not a fan of restrictions in times when there is not a water emergency. However, he will vote for it because of the significant water legal challenge being faced by the City at this time. Councilmember Collins indicated that the amendment makes good use of resources. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt first reading of an Ordinance Repealing and Replacing Chapter 28 Section 28-2(7) of the City Code of the City of Stillwater Regarding Watering Restrictions. All in favor. Page 8of10 City Council Meeting November 9, 2021 Moratorium an CB❑ and Cannabis Use Licensing Ordinance City Attorney Land explained the proposed interim ordinance/moratorium prohibits any existing uses from expanding in order to give the City time to prepare for these uses if recreational marijuana ever becomes a reality in Minnesota, to see where such businesses may be property zoned and regulated. Mayor Kozlowski reiterated that the moratorium gives the community time to have a conversation about how to deal with these uses. He recognized it may generate very strong feelings for or against, but does not want anyone to read into it that the moratorium is saying that the City is for or against these uses at this point. He encouraged constituents to reach out to him, their Council representatives and Planning Commissioners with thoughts. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt first reading of an Interim Ordinance Prohibiting the Establishment of New Uses or the Expansion of Existing Uses Related to Cannabis and Nonintoxicating Cannabinoids (CBD) Sales, Testing, Manufacturing or Distribution for One Year. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. CLOSED SESSION Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn to closed session pursuant to Minn. Stat. §13D.05, Subd. 3(b) for attorney -client privileged communication regarding White Bear Lake vs DNR Litigation. All in favor. The meeting was adjourned to closed session at 7:57 p.m. The meeting convened at 8:00 p.m. in the Riverview Room by Mayor Kozlowski. Present: Mayor Kozlowski, Councilmembers Polehna, Junker, Collins, Odebrecht Staff present: City Administrator McCarty, City Attorney Land, Attorney Sienko, Public Works Director Sanders Motion by Councilmember Junker, seconded by Councilmember Collins, to return to open session. All in favor. The meeting returned to open session at 8:16 p.m. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:17 p.m. ATTEST: Beth Wolf, City Cler Ted Kozlowski, Mayor Page 9of10 City Council Meeting November 9, 2021 Resolution 2021-151, a Resolution of Support for County Highway 5 Phase 3 Improvement Project (County Project No. C.P. 10511) Resolution 2021-152, a Resolution Approving the Abatement of Special Assessment Resolution 2021-153, Resolution to Enter Into Agreement Between Washington Conservation District and Members of the 2022-2024 East Metro Water Resource Education Program (EMWREP) Resolution 2021-154, Electing to Participate in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act - Calendar Years 2022 through 2030 Resolution 2021-155, Approving Service Agreement with HKGi for Design and Engineering Services Related to Lumberjack Landing Short Term Improvements Resolution 2021-156, Approval of Agreement of Assessment and Waiver of Notice, Hearing and Appeal and Adopting Assessment for Water Service Line Repairs Resolution 2021-157, A Resolution Approving a Preliminary Plat for Jorg Hills Estate (Case No. 2021-54) Resolution 2021-158, A Resolution Approving Final Plat for Jorg Hills Estate (Case No. 2021-54) and to adopt first reading of an Ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately four acres to RB, Two -Family Residential (Case No. 2021-54) Resolution 2021-162, Resolution approving TKDA request for Amendment No. 1, Additional Landscape Architecture and Engineering Design Services for Chestnut Street Plaza Ordinance No. 1175, an Ordinance amending Stillwater City Code Chapter 31-101 regarding graphic design signs, 31-202 regarding sign design approval, 31-404 regarding Design Permit Heritage Preservation Commission review and amending Chapter 31-509 regarding sign regulations Page 10 of 10