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HomeMy WebLinkAbout2022-07-19 CC MINSti1Iwate The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES July 19, 2022 REGULAR MEETING Mayor Kozlowski called the meeting to order at 7:02 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 Finance Director Provos 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 7:00 P.M. Washington County Historical Society Budget Request - Brent Peterson, Executive Director Brent Peterson, Executive Director of the Washington County Historical Society, recapped the past year's activities, explained recently donated artifacts, and presented a request for an appropriation of $7,500 for 2023. Proclamation - National Baseball Hall of Fame Inductee, Bud Fowler Councilmember Collins read a proclamation honoring Bud Fowler, who is considered to be the first Black professional baseball player in history, and who will be inducted into the National Baseball Hall of Fame on July 24, 2022. Washington County Historical Society Executive Director Brent Peterson accepted the proclamation to hand deliver it to the National Baseball Hall of Fame. OPEN FORUM Louise Hansen, 212 N. 2nd St., reported ongoing problems with other drivers taking her reserved space in the parking ramp, and Mayor Kozlowski directed Ms. Hansen to call the police department. STAFF REPORTS Public Works Director Sanders stated the Chestnut Street Plaza project will start in a month. Police Chief Mueller provided a Lumberjack Days recap. City Council Meeting July 19, 2022 Fire Chief Glaser reported on a mutual aid exercise at the Boom site and a Mahtomedi house fire, due to rechargeable batteries that overheated. He cautioned residents about open fires due to dry conditions. Finance Director Provos stated the budget process has begun. Community Development Director Gladhill reported that the new Planning Manager will start August 15; a new parking payment system will roll out soon; staff will be speaking to the Council soon to address the issue of sidewalk clutter. City Clerk Wolf reminded the Council of the Strategic Planning meeting on July 21; the next City Council meeting July 26, at 3:45 p.m. for a closed session; and a 4:30 p.m. workshop. City Attorney Land updated the Council on the status of the marijuana ordinance. City Administrator Kohlmann reported on the Lowell Inn parking ramp wall project. CONSENT AGENDA July 5, 2022 Regular and Recessed Meeting Minutes Payment of Bills Catalytic Converter Ordinance - Ordinance 2nd Reading Climb Theatre Performance Agreement Interim Use Permits to Authorize Outdoor Seating with Performance Standards Ordinance 2nd Reading Library Board of Trustees Appointment Lumberjack Landing Purchase Agreement Amendment #2 Massage Therapy License Ordinance - Ordinance 2nd Reading Release Agreement for TIF Note Assignment Termination Third Party Gift Card Procurement - Ordinance 2nd Reading was pulled from agenda prior to meeting and will be read at a future meeting Washington County Sheriff's Office Joint Powers Agreement and Security Agreement for Law Enforcement Records Management System Councilmember Polehna asked to pull the Massage Therapy License Ordinance for comments. Heidi Rosebud, Just For Me Spa, remarked that the ordinance is well drafted. She noted that aestheticians do full body work and wants to ensure that is addressed in the ordinance. She added that some have been certified for many years and their schools no longer exist so it may be difficult to obtain transcripts. City Attorney Land replied that as long as documentation can be provided, that will suffice. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda, including the Massage Therapy License Ordinance. All in favor. PUBLIC HEARINGS Case 2022-28 to consider an appeal request by Brandon and Dawn Kotval property owners, for the re -consideration of a Variance to construct a detached garage at 7155 Melville Ct N, Community Development Director Gladhill stated that the property owners are requesting a Variance to allow the total garage floor area to exceed the required 1,000 square feet. The Page 2 of 5 City Council Meeting July 19, 2022 property currently has an attached garage of 853 square feet. On May 25, 2022, the Planning Commission denied the variance application, citing that there were not enough unique circumstances and the plight was due to circumstances created by the applicant primarily because the applicant desires more garage area than is allowed by City Code. Staff recommends that the City Council deny the requested increase to maximum accessory building square footage, citing the lack of unique circumstances on the property, and find that the plight of the applicant is due to circumstances created by the applicant. City Attorney Land explained that the practical difficulties test is three -pronged: the proposed use must be reasonable, the plight of the property owner must be due to circumstances unique to the property, and the variance, if granted, must not alter the essential character of the neighborhood. All three parts must be met in order to approve the variance. Mayor Kozlowski opened the public hearing. Brandon Kotval, applicant, stated that every neighbor in the surrounding area has multiple detached garages and that is why they applied for another garage. They did not realize it was important to come to hearings when the case was first heard. Mayor Kozlowski noted their lot is large enough that it would not negatively impact the surrounding properties. He feels the case is unique. However if staff feels the best path is to change the zoning for this district, he is open to that. Councilmember Odebrecht stated he would like to revisit the zoning ordinance for these large lots. Councilmember Junker asked if the applicant intends to maintain the current garage or convert it to living space, and Mr. Kotval replied they will keep it as a garage. They do not have enough space in their two -car garage for their things. Mr. Gladhill interjected that amending City Code could take several months. Councilmember Polehna stated he normally does not approve of variances, but he looked at the lot today and feels a new garage would not be seen by neighbors. Mayor Kozlowski asked if the plight could be that the property was originally part of Stillwater Township, with different regulations. Mr. Gladhill stated staff can do further research, but statutes require consideration of what is physically unique about the property. City Attorney Land offered to review the orderly annexation agreement during the meeting to determine if there is anything therein that gives property owners rights to pre-existing conditions. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to table Case No. 2022-28, appeal request for 7155 Melville Ct N., to the end of the meeting. All in favor. UNFINISHED BUSINESS There was no unfinished business. Page 3 of 5 City Council Meeting July 19, 2022 NEW BUSINESS Downtown Manhole Rehabilitation Project Approve Plans and Specifications Public Works Director Sanders explained that the Downtown Manhole Rehabilitation Project consists of lining the sanitary manholes along the river from Elm Street to the Aiple Lift Station, preventing outside sources of water from entering the sanitary sewer system. Staff is requesting approval of the plans and specifications and authorization to bid. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2022-095, Approve Plans and Specifications and Ordering Advertisement for Bids for Downtown Manhole Rehabilitation Project. All in favor. Fee Schedule Amendment for Ordinance Updates and Ice Rental City Administrator Kohlmann reviewed proposed adjustments to the fee schedule. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt Resolution 2022-096, Resolution Amending Resolution 2022-004, City of Stillwater 2022 Fee Schedule. All in favor. Proced re for Consumer Adjustments to Utility Billing Ordinance Amendment - Ordinance 1st Reading Public Works Director Sanders explained that the proposed amendment gives the consideration of utility bill adjustments to City staff rather than having the request go to the Utility Commission or the City Council. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt first reading of an Ordinance establishing a Procedure for Consumer Adjustments to Utility Bills. All in favor. PUBLIC HEARINGS CONTINUED Case 2022-28 to consider an appeal request by Brandon and D wrAotval, prgperty owners, for the re -consideration of a Variance to construct a detached garage at 7155 Melville Ct N. City Attorney Land stated that there appears to be no entitlement to pre-existing township ordinances and the annexation agreement officially expired in 2020. So the existing City ordinances apply to the annexed properties. Mayor Kozlowski closed the public hearing. He acknowledged it makes sense to allow the structure, but it is not possible to allow it under current ordinance. Mr. Gladhill stated that an ordinance amendment may be able to be brought before the Council in November, review by the Planning Commission. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to deny Case No. 2022-28, appeal request for 7155 Melville Ct N. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. Page 4 of 5 City Council Meeting July 19, 2022 ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adjourn. All in favor. The meeting was adjourned at 8:18 p.m. Tekg ws i ayor"- ATTC T: Beth Wolf, City Clerl Resolution 2022-095, Approve Plans and Specifications and Ordering Advertisement for Bids for the Downtown Manhole Rehabilitation Project Resolution 2022-096, Resolution Amending Resolution 2022-004, City of Stillwater 2022 Fee Schedule Ordinance No. 1186, an Ordinance enacting Chapter 52-22 of the City Code of the City of Stillwater entitled Purchase, Sale and Possession of Catalytic Converters Ordinance No. 1187, an Ordinance establishing Interim Use Permits and authorizing Outdoor Seating as an Interim Use with Performance Standards Ordinance No. 1188, an Ordinance enacting Chapter 41, Section 41-9 Massage Therapy License of the City Code of the City of Stillwater Page 5 of 5