Loading...
HomeMy WebLinkAbout2022-10-05 CC MINfJIwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES October 4, 2022 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 Kohlmann City Clerk Wolf City Attorney Land Community Development Director Gladhill Police Chief Mueller Fire Chief Glaser Finance Director Provos Public Works Director Sanders IT Manager Holman Library Director Troendle OTHER BUSINESS jurisdictional Transfer of Trunk Highway 96 Andrew Giesen, Washington County Project Manager, explained the upcoming transfer of a 9-mile segment of Highway 96 to Washington County. A visioning study will be done in 2025 to identify short and long term needs of the highway. There are three sources of funding that will be received in 2023. Washington County will add another plow route and another truck to maintain the level of service. Councilmember Polehna asked if there are plans to widen shoulders, and Mr. Giesen replied that a goal of the County will be to widen the shoulders where possible. Councilmember Odebrecht pointed out safety concerns at Neal and McKusick where the speed limit goes from 45 mph to 55 mph, although not part of this project. Councilmember Junker asked how requests for additional access points will work under County ownership, and Mr. Giesen replied right-of-way agreements will be transferred to the County and any proposed new accesses will go before the County, whose goals may be less restrictive than the State, but still follow County guidelines. STAFF REPORTS Public Works Director Sanders updated the Council on the Chestnut Plaza project and stated the pedestrian walkway will open up for winter. Police Chief Mueller reported increases in mental health calls, substance use and homeless calls. The Fencing Consortium is meeting. The Fall Art Fair went well. He gave updates on City Council Meeting October 4, 2022 personnel and camera installation. Store theft training will be scheduled soon. Washington County's mental health staff person will be on board soon. Fire Chief Glaser stated the League of Minnesota Cities will tour the Fire Station October 6. Fire Prevention Week starts October 8 with an open house. The Department's 150th Anniversary Celebration will conclude with a firemen's ball on October 15. Finance Director Provos stated the PID number on the resolution regarding administrative citation fees has been revised. Community Development Director Gladhill noted a customer survey has gone out. Heritage Preservation Awards will be given at the next Council meeting with a meet and greet at 6 p.m. City Clerk Wolf stated absentee early voting is open and more than 90 election judges are committed. Mattress recycling began last week. City Attorney Land stated the City closed on the Lumberjack Landing trail, and noted that some minor amendments to the Central Commons Development Agreement and Assessment Agreement will be brought to the next Council meeting. City Administrator Kohlmann informed the Council the RFP for the facility study will be on the next meeting agenda. The 10 year CIP update is substantially complete. He gave an update on yard waste pickup. IT Manager Holman stated an RFP for ERP software will go out soon. Outlook migration for Office 365 will begin October 13. Staff is talking with consultants on fiber security and password management software. She gave an IT Committee update. Library Director Troendle thanked Facilities Manager Greiner for help on the roof project. The library will be closed October 10 for staff training. The Library Board meeting date will be November 2 due to elections. Upcoming programs are Native American and Works Museum events. RECESS Mayor Kozlowski recessed the meeting at 5:12 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Clerk Wolf City Attorney Land Community Development Director Gladhill Finance Director Provos Police Chief Mueller Fire Chief Glaser Public Works Director Sanders Page 2 of 8 City Council Meeting October 4, 2022 Assistant City Engineer Abdullah Assistant Finance Director Norby PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Certificate of Appreciation for Stillwater Sunrise Rotary and Stillwater Noon Rotary Mayor Kozlowski and the Council recognized Stillwater Sunrise Rotary and Stillwater Noon Rotary for donating benches and bike racks, and assistance removing invasive species. Proclamation - Fire Prevention Week Mayor Kozlowski read a proclamation designating October 9-15 Fire Prevention Week, and Fire Chief Glaser noted the Stillwater Fire Department's 150th anniversary this year. He invited the public to the Fire Prevention Open House October 8. Assistant Chief Zeuli recapped fire prevention activities in the schools. Proclamation - Infants Remembered in Silence Mayor Kozlowski read a proclamation designating October 15 as Pregnancy and Infants Loss Remembrance Day. OPEN FORUM Louise Hansen, Rivertown Commons resident, thanked the Council and staff for all they do. CONSENT AGENDA September 20, 2022 regular and closed session meeting minutes Payment of Bills 2022 General Election Appointment of Judges - Resolution 2022-127 Certification of Administrative Civil Penalties, Parking Mitigation Fees and Solid Waste Charges - Resolution 2022-128, 2022-129 and 2022-130 Chestnut Street Storm Sewer Lining Project Agreement City Website .Gov Domain Registration Final Plat for MJG Addition (Caribou Coffee) at 2001 Washington Ave - Resolution 2022-131 Fire Service Contract with May Township Gambling Permit for Church of St. Michael - Resolution 2022-132 Gambling Premise Permit for Stillwater Elks #179 - Resolution 2022-133 Lumberjack Landing Archaeological Survey Contract Preservation of City Historical Books Short Term Home Rental License for 816 4th Street South Soil Boring Study Agreement for the 2023 Street Improvement Project Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. Page 3 of 8 City Council Meeting October 4, 2022 PUBLIC HEARINGS Anie.nd City Code regarding Accessory Uses and Structures in residential districts to update sizes for larger lots, allow for home offices/recreaion rooms. and remove other conflicting regulations pertaining to accessory structures in th City Ordinance Postponed Indefinitely Adopt ProposedAssessrnents for 2022 Street Improvement Project Assistant City Engineer Abdullah reviewed the project, which is close to completion. The feasibility estimate was $2,398,304 and the final project cost is estimated to be $2,425,920. There were slight variations in the final assessment amount due to appraisals lower than the estimated assessments. Funding is: Assessments = $1,606,514; MSA Funding = $504,116; City Funds = $269,290; Water Utility = $46,000. Six objections were received. The assessment period would be 10 years at 4.5% interest. Staff recommends that Council hold the assessment hearing and adopt the assessment roll. Councilmember Odebrecht asked Mr. Abdullah to recap the assessment process and notification of residents; and Mr. Abdullah explained the process: authorization of a feasibility study, postcards sent to all properties in the feasibility study, meetings explaining what to expect, a public hearing and a copy of the feasibility report sent to every property involved, project approval, then notification by mail during construction stating the project is about to start, a link to sign up for emailed construction updates, and notices on the City web site and Facebook. The final assessment roll is then sent out showing the exact amount property owners will be assessed. Public Works Director Sanders added that property owners age 65 and older or active military on deployment may apply for a deferred assessment. He also stated during the feasibility study, the City hires an appraiser to do appraisals on a number of properties. During the last few years the appraisal value has been lower than the assessed value so the City has lowered the proposed assessments. City Attorney Land stated if a property owner disagrees with the assessed value or the added value their property is getting for the assessment, they must file notice of objection with the Council tonight in writing. They then have 30 days to serve the Mayor or City Clerk with a notice of appeal stating they will file an appeal with district court, and within 10 days after serving the City Clerk they must file the appeal with district court. Mayor Kozlowski opened the public hearing. Dana Noack, 1327 Ramsey Street, objected to her $10,000 assessment. She is extremely angry that the City would assess in the middle of a cost of living crisis. She does not have money to pay the assessment and feels the Council is bringing crisis to the residents at the worst possible time. Summer Seidenkranz, Our Savior's Lutheran Church, 1616 West Olive Street, stated the church strongly feels the project improvements do not create an increase in value, but that sidewalk along Brick creates a negative value because it adds maintenance and other expenses for the church. Mike Zinda, 1326 Ramsey Street, stated he was told he was getting mill and overlay and is now being told it is total reconstruction. Curb and gutter is not needed on Ramsey Street. Page 4 of 8 City Council Meeting October 4, 2022 Mr. Abdullah responded that Ramsey Street was never a mill and overlay; in November, staff explained it was full reconstruction. City policy is whenever reconstructing a road, curb and gutter are added to direct water and extend the life of the road. Mr. Zinda continued that should be made more clear to residents of Ramsey Street who have been told multiple versions of what is happening and when work will be done. He questioned how the project will add $10,000 value to his property. In other communities, residents have paid $4-8,000 for complete reconstruction. He asked the Council to reconsider the assessments. Ted Noack, 1327 Ramsey Street, objected to his assessment and voiced safety concerns about speed at the corner of Grove and Ramsey where drivers cut through due to other nearby projects. Mayor Kozlowski asked Mr. Sanders to look at that intersection. He closed the public hearing. He added he dislikes the assessment policy, but there is value in having a road in front of a house. Roads wear out over time and must be replaced. Appraisals by law are limited to the appraised benefit to the property owner. This policy is not new. If the City spread the assessment total citywide, everybody's taxes would go up by 20% every year. Councilmember Odebrecht agreed the assessment policy needs a revamp. Mayor Kozlowski noted one thing that might be done is to extend the payment period to 15 years. Mr. Zinda suggested 20 years. Councilmember Junker reminded the audience the Councilmembers are all residents, subject to their own assessments, like the $15,000 assessment he got 30 years ago. The City cannot be simply shut down. City Attorney Land confirmed a deferral is available for 65 and older, someone retired due to permanent disability, or National Guard or military reserves on active military duty. A financial hardship also must be proven showing the first payment, in the first year of the assessment, is more than 1% of the adjusted gross income. Assessments will still accrue interest and the total assessment is payable when the house is sold. Mayor Kozlowski asked staff to look at the financial impacts to City of extending large assessments out over 20 years and report at the next Council meeting. Meanwhile the Council could extend the period to 15 years tonight. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to extend assessments $10,000 or above to 15 years. All in favor. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2022-134, Resolution Adopting Assessment for 2022 Street Improvement Project (Project 2022-02, L.I. 433). All in favor. Adopt Proposed Assessments for 2021 Sidewalk Improvement Project Mr. Abdullah explained that the 2021 Sidewalk Rehabilitation Project is almost 50% complete with the remainder scheduled to start October 11. The feasibility estimate was $45,540 and the final project cost is estimated to be $39,287.50. Funding is: Assessments = Page 5 of 8 City Council Meeting October 4, 2022 $19,643.75; City Funds = $19,643.75. To date, no objections have been submitted. The assessment period would be five years at 4.5% interest. Trinity Church requested more panels of sidewalk to be replaced which would increase their assessment to $3,331.40. Staff recommends that Council hold the assessment hearing, and adopt the assessment roll, with the modified assessment to Trinity Church. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2022-135, Resolution Adopting Assessment for 2021 Sidewalk Improvement Project (Project 2021-06). All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Conditional Use Permit for Myrtle Apartments at 107 3rd St N Community Development Director Gladhill stated that Landucci Homes has proposed a 21- unit, 3-story apartment building at 107 3rd St N. Previous iterations in 2021 and 2022 were denied by the City. He reminded the Council and audience that the City is reacting to a proposal/application, not proposing, nor designing this project. Under Minnesota Statutes Chapter 15.99, the City is obligated to take action on zoning requests such as this. Since residential use is a Conditional Use in the Central Business District, the City could attach reasonable conditions to mitigate reasonable concerns. From materials submitted, the application meets all dimensional standards. He addressed parking and traffic safety concerns previously voiced during Council meetings. Due to an element of public opposition to a high density apartment project at this location, staff has met numerous times with the City Attorney. If the project did not have a parking credit, it would not comply with minimum parking standards. However the legally binding parking credit agreement meets the parking requirements for this project. The credit was already granted, but does not guarantee any particular spaces. City Attorney Land confirmed that the agreement was worded such that it is nothing to do with the parking ramp, it basically functions as a variance. Mr. Gladhill acknowledged there are general concerns with traffic and parking. He explained that Myrtle Street's unique three way stop makes it challenging to find a good traffic model to evaluate the proposal. For the third time a traffic study was done and it found that while there will be a slight increase in accidents at this location, the nodes will continue to operate at an acceptable level of service according to traffic engineers. The Heritage Preservation Commission approved a design permit after the developer revised the design, the Downtown Parking Commission recommends approval, and the Planning Commission recommends approval of the CUP. The Planning Commission added a number of conditions of approval. The City Attorney recommends eliminating Condition #7 regarding pedestrian lighting which is beyond the City's purview. Page 6 of 8 City Council Meeting October 4, 2022 Councilmember Junker stated the developer has been very cooperative to work with. However this is what he considers to be the most challenging, difficult and unique corner in the City, with Myrtle Street being a major artery into downtown Stillwater. He estimates it is 50 feet from the curb on Myrtle to the entrance of the parking garage which will have 26 underground stalls for the 21 units. Notwithstanding the parking credit, there should be 39 parking stalls for this project. The intent of the parking credit agreement, going back to when the City parking garage was built, was to park cars in the parking garage on Sunday mornings. There is a deficit of 52 parking spots between the two housing developments being constructed a block apart. In contrast, the 335 condos in downtown Stillwater have over 700 spaces, 2.2 spaces per door for those 335 units, putting zero parking burden on the City. Building this project on the biggest artery in the City on a very unique hill is pouring kerosene onto a fire. It is not right for Stillwater, it's a bad design for 21 units to go in there. The site does not justify an underground parking garage 50 feet from the intersection at the top of the hill. Though the developer has done a nice job of taking input on building design, he cannot vote in favor of the project. Mayor Kozlowski asked the ramifications if the Council denies a project that meets all the criteria set forth in zoning, and Ms. Land confirmed the project as proposed meets all requirements and she cannot recommend denial. Mayor Kozlowski remarked if the City wanted something specific in that part of downtown it should have been outlined in zoning. The parking credit agreement was obviously written anticipating the post office moving there, a daytime commercial use which never occurred. He doubts the traffic impacts will be as dire as predicted. If the Council denies the application, it is taking value from the property owner. Councilmember Odebrecht agreed that the developer has been great to work with. The defect is in the zoning and the comprehensive plan. He asked about the assignment of parking stalls within the units, and Mr. Gladhill replied the Planning Commission wanted a condition that the developer should not let anyone else other than apartment residents use those underground parking stalls. Councilmember Junker recommended that each of the 21 units be assigned at least one underground parking stall, and City Attorney Land stated that is an appropriate condition. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt Resolution 2022-136, A Resolution Approving a Conditional Use Permit Allowing a Residential Use in the Central Business District at 107 3rd Street North, Stillwater, Minnesota, removing Condition #7 and adding language to Condition #4, requiring that one underground parking space shall be assigned to every unit. Motion passed 4-1 with Councilmember Junker voting nay. COUNCIL REQUEST ITEMS There were no Council request items. Page 7 of 8 City Council Meeting October 4, 2022 ADJOURNMENT Motion by Councilmember Odebrecht, seconded by Mayor Kozlowski, to adjourn. All in favor. The meeting was adjourned at 9:03 p.m. Ted Kozlowski, Mayor Resolution 2022-127, Appointing Election Judges and Fixing Compensation for the 2022 General Election Resolution 2022-128, Adopting Delinquent Administrative Civil Penalties (L.I. Project #00050) Resolution 2022-129, Adopting Delinquent Parking Mitigation Fees (L.I. Project #00080) Resolution 2022-130, Adopting Delinquent Solid Waste Charges (L.I. Project No. 0002) Resolution 2022-131, A Resolution Approving Final Plat for MJG Addition Case No. 2022-41 Resolution 2022-132, Approving Minnesota Lawful Gambling Permit for Church of St. Michael Resolution 2022-133, Approving Minnesota Lawful Gambling Premise Permit for Stillwater Elks #179 at Mad Capper Resolution 2022-134, Resolution Adopting Assessment for 2022 Street Improvement Project (Project 2022-02, L.I.433) Resolution 2022-135, Resolution Adopting Assessment for 2021 Sidewalk Improvement Project (Project 2021-06) Resolution 2022-136, A Resolution Approving a Conditional Use Permit Allowing a Residential Use in the Central Business District at 107 3rd Street North, Stillwater, Minnesota Page 8 of 8