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HomeMy WebLinkAbout2022-04-19 CC MINThe Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES April 19, 2022 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:03 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill City Planner Wittman Finance Director Provos Fire Chief Glaser Police Chief Mueller (via Zoom) Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Proclamation - Stillwater Paralympic Nordic Skier Sydney Peterson Mayor Kozlowski recognized World Championship Paralympian Sydney Peterson. He designated April 20, 2022 as Sydney Peterson Day, and Ms. Peterson thanked the Council and community for the recognition. Council Service Award - Abbi Wittman Mayor Kozlowski and the Council recognized City Planner Abbi Wittman for her dedicated service to the City for nearly nine years. OPEN FORUM Tim & Luanne Shaughnessy, Nightingale Blvd., spoke of a utility bill concern due to a faulty water softener. Motion by Councilmember Polehna, seconded by Councilmember Junker, to direct Public Works and Finance staff to work with the homeowner to resolve the issue. All in favor. Louise Hansen of Rivertown Commons shared concerns about property damage from skateboarders. Mayor Kozlowski stated any damage should be reported to the Police. City Council Meeting April 19, 2022 Page 2 of 7 STAFF REPORTS Public Works Director Sanders reported that the bathrooms in all parks will be opened this week. MnDOT will be starting on Highway 36 construction, causing some lane closures. The Highway 36/Manning Avenue bridge project will also require some lane and road closures on weekends. He updated the Council on the riverbank stabilization project. Fire Chief Glaser shared that staff participated in the Leadership in the Valley program and Big Truck Extravaganza; responded to a structure fire in Mahtomedi; and will be participating in active shooter training. Moderate burn restrictions are in place; burning permits are required, recreational fires are allowed. Finance Director Provos stated the audit has begun and a draft will be done in mid-June. Community Development Director Gladhill reported the 200 Chestnut Apartment project is moving slowly. He updated the Council on staff recruitment and the work of the EDA to enhance economic development and business retention. City Clerk Wolf noted that no applications were received for the Carnelian Marine on St. Croix Watershed board; yard waste pickup has started; and candidate filing opens May 17. City Attorney Land commended outgoing City Planner Wittman. City Administrator Kohlmann presented highlights of the City’s 2021 Annual Report. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to accept the Annual Report. All in favor. CONSENT AGENDA April 5, 2022 regular and recessed meeting minutes Payment of Bills 420 William St N Encroachment Agreement 2019 Street Improvement Project Final Payment – Resolution 2022‐055 Abatement Services Contract Brown’s Creek State Trail Private Land Purchase Agreement City Hall Exterior Wall Repair Project Drainage and Utility Easements on Mid Oaks Avenue Engineering Services Agreement with TKDA Minnesota Department of Transportation Master Partnership Contract – Resolution 2022‐056 Retail Sale of Fireworks Permit for Target Sanitary Sewer Adjustments St. Croix Boat & Packet Dock Permit and Lease Renewal – Resolution 2022‐057 Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. City Council Meeting April 19, 2022 PUBLIC HEARINGS Case No. 2022-13 to consider an appeal request by Patrick Kelly to re -consider the approval of a Variance to the rear yard setback that would allow the property at 516 Myrtle St W to be split into two lots City Planner Wittman stated that Pat Kelly, 604 Myrtle Street West, submitted an appeal to a rear yard setback variance granted by the Planning Commission to Steve and Lynn Thron for the property at 516 Myrtle Street West. Mr. Kelly stated that the variance, which will allow for subdivision of the property into two lots, violates the fundamental reason for preserving historic resources for future generations as outlined in Minnesota State Historic Preservation Office Section 471.193 of the Minnesota Statutes. The appeal is requesting a Substantive Due Process that addresses the rationality or reasonableness of the substance of the decision itself and asking that the Heritage Preservation Commission (HPC) review the proposed action to split the property and change the address of the property with the Minnesota State Historic Preservation Office and the Minnesota Historic Society. She stated that in addressing Mr. Kelly's concerns, staff discussed this with the State Historic Preservation Office (SHPO) and SHPO staff indicated this is a matter of local concern and will not be providing comment on the matter. Mr. Kelly's concern is with the changing of the address of the historic resource. Staff has reviewed historic files to determine if the current address itself bears any weight on the historic significance of the site. The building permit from 1894 did not include the address for the structure. Though the site has history associated with it, it has not been designated as a heritage preservation site by the City. Therefore, the HPC has no review authority of the variance, nor the change in property address. Furthermore, staff continues to assert the existing structure's setback of 20' from the future rear yard is reasonable and there is uniqueness to the property. Staff recommends the City Council reject the appeal and uphold the Planning Commission's approval of a 5' variance to the 25' rear yard setback. Councilmember Odebrecht asked if it is clear where the original front of the building was; and Ms. Wittman answered no, there is not a lot of recorded history of the school. Councilmember Collins inquired if there are any impervious surface issues with the lot split; and Ms. Wittman replied that the property owner is proposing to reduce the existing parking area to conform to the impervious surface requirements. The subdivision will come back before the Council in a subsequent meeting. Mayor Kozlowski opened the public hearing. Pat Kelly, 604 Myrtle Street West, stated that after speaking with the Mayor about the HPC not having any control over City Council actions, he understands better how the system works. His concern has changed from the focus on history to the parking. He and his neighbor both have very steep driveways; his driveway is an easement on his neighbor's property. It is quite slippery in the winter due to ice. A variance for the subject property was denied in years past when the then -property owner wished to build a home on the front of the property. Mr. Kelly stated his concern is that there is room there for 8-9 cars, but whatever happens on the parking lot will affect what happens on the street. When he drives into his driveway, the cars parked on the side of Martha Street limit the space he can use to make the turn into his driveway. The road is narrowed at least 5-6 feet in the winter by snow. Though there is room for all the cars, it would put a lot of extra stress on the road Page 3 of 7 City Council Meeting April 19, 2022 itself due to parking. He also feels that even though the HPC has no authority over this and it is not a nationally recognized location, it is important to maintain the historic address. On a question by Councilmember Junker if the lot split is approved and a house is built there, why would there be more cars on Martha Street; and Mr. Kelly replied because the parking lot size would be reduced. Michael Koch, PMI Homes, representing the property owners, stated he has worked closely with the City Planner to ensure compliance with existing regulations. The property owners intend to build their retirement home on the subdivided lot. He offered to answer questions. Ms. Wittman pointed out that the new home must go through the HPC review process. Mayor Kozlowski closed the public hearing. Councilmember Odebrecht reminded Councilmembers that the question is the 5' variance request to the 25' rear yard setback. He has no concern with that, nor with the address change and does not feel it will create a barrier to historians. He supports upholding the Planning Commission decision. Councilmember Collins recognized this is the oldest school building in the City. The history pertains to the building, not the address, and the building is not proposed to be altered so he supports the project. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to reject an appeal to, and upholding the Planning Commission approval of, a 5' variance request to the 25' rear yard setback for an existing structure located at 516 Myrtle Street West; and direct staff to prepare a Resolution documenting the Council's action to be brought back for formal Council approval at the next regularly -scheduled meeting. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS 2022 Streets Improvement Project Approve Bid and Award Contract Public Works Director Sanders reported that the City received four bids for the 2022 Street Improvement Project, with the lowest bid of $2,174,696.38 submitted by Miller Excavating. This was 11% over the engineer's estimate of $1,968,787.94, and 7.9% over the Feasibility study construction estimate of $2.014,575.36. This increase was in part due to adding the 2021 Sidewalk Rehabilitation Project to the 2022 Street Improvement Project, and the increase in bituminous prices. Staff recommends that the City Council accept the bids and award the contract to Miller Excavating, Inc. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2022-058, Accepting Bid and Awarding Contract for 2022 Street Improvement Project (Project 2022-02). All in favor. Police Department Staff Analysis Proposal and Contract Award City Administrator Kohlmann stated that an RFP to perform a Police Department Staffing Analysis was issued and proposals were submitted by ten firms. $40,000 was budgeted. Page 4 of 7 City Council Meeting April 19, 2022 Staff recommends tasking BerryDunn with the full staffing review and asks the Council to adopt a resolution approving the proposal and awarding the contract to BerryDunn McNeil & Parker, LLC in the amount of $44,500. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2022-059, Accepting Proposal and Awarding Professional Services Agreement to BerryDunn McNeil & Parker, LLC for the Stillwater Police Department Staffing Analysis Consulting Services. All in favor. Skate Park Site Exploration Request Community Development Director Gladhill informed the Council that the City was approached by Nicole Hause desiring to develop a new skate park. If the City Council is interested in exploring further, the next step is to complete a site selection process. This would likely need to include a level of public engagement and staff resources. Ms. Hause is open to leading the effort with the support of the City. Mayor Kozlowski suggested the Parks Commission help determine appropriate locations. Nicole Hause, professional skateboarder, reviewed her proposal to develop a skatepark. Councilmember Odebrecht asked if Ms. Hause also could help identify some passive deterrents for preventing skateboarding in areas of downtown; and Ms. Hause replied that getting even a temporary skatepark, for instance a hockey rink not used in summertime, will draw the skateboarders and deter them from using other areas. She added there may be grants available to help build a skatepark. Mayor Kozlowski stated the City should give skateboarders a simple place to skateboard downtown in addition to developing a skatepark elsewhere. Councilmember Polehna voiced support for investigating a site, but he is opposed to creating skateboard areas downtown, due to the lack of regard for the general public. Councilmember Junker stated he is very much in favor of creating a skatepark, but he also opposes allowing skateboarding downtown. Councilmember Odebrecht stated he sees evidence that residents do not want skateboarders downtown. He suggested a poll. He also wants to make sure that deterrents to downtown skateboarding are part of the project. Mayor Kozlowski stated building a skatepark up the hill is not going to remove skateboarders from downtown. He understands the negatives of having skateboarders downtown, but feels there should be some small spot downtown to allow skateboarding. Councilmember Collins stated it is worth exploring. Council consensus was to direct staff to work with Ms. Hause and the Parks Commission to identify possible locations for some simple ramps, and also develop a proposal for a skatepark, possibly at Northland Park. Sale of General Obligation Bonds, Series 2022A City Administrator Kohlmann stated Baker Tilly recommended the City secure funding for capital projects and equipment as soon as possible due to rising interest rates. The proposed amount is $3,965,000 for 2022. Page 5 of 7 City Council Meeting April 19, 2022 Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2022-060, Resolution Providing for the Competitive Negotiated Sale of $3,965,000 General Obligation Capital Outlay Bonds, Series 2022A. All in favor. COUNCIL REQUEST ITEMS Legislative Support for Washington County Heritage Center Councilmember Collins informed the Council that the Washington County Historical Society is seeking a $600,000 state grant for capital improvements at the Washington County Heritage Center for facility remodeling, replacement of the HVAC system, roof replacement, exterior facility improvements, and the purchase and installation of appropriate storage containers for historical artifacts. Staff recommends the Council consider supporting the Washington County Historical Society's request to the state legislature. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2022-061, A Resolution Supporting Washington County Historical Society Request for State Grant funds for Improvements to the Washington County Heritage Center. All in favor. Cameron Murray Resident Cameron Murray, Sustainable Stillwater, noted he is moving to New Zealand and is working with others who could continue his project of picking up litter and cigarette butts downtown. The Council commended Mr. Murray for his dedication to cleaning up the City. ADJOURNMENT Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 8:43 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Cl Resolution 2022-055, Accepting Work and Ordering Final Payment for 2019 Street Improvement Project (Project 2019-02) Resolution 2022-056, Approving Master Partnership Contract with the State of Minnesota Department of Transportation Resolution 2022-057, Approving Lease of Dock Space from St. Croix Boat & Packet Resolution 2022-058, Accepting Bid and Awarding Contract for 2022 Street Improvement Project (Project 2022-02) Resolution 2022-059, Accepting Proposal and Awarding Professional Services Agreement to BerryDunn McNeil & Parker, LLC for the Stillwater Police Department Staffing Analysis Consulting Services Resolution 2022-060, Resolution Providing for the Competitive Negotiated Sale of $3,965,000 General Obligation Capital Outlay Bonds, Series 2022A Page 6 of 7 City Council Meeting April 19, 2022 Resolution 2022-061, A Resolution Supporting Washington County Historical Society Request for State Grant funds for Improvements to the Washington County Heritage Center Page 7 of 7