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HomeMy WebLinkAbout2023-03-07 CC MIN 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES March 7, 2023 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker (via Zoom), Odebrecht Absent: Councilmember Polehna Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Deputy Fire Chief Ballis Police Chief Mueller Public Works Director Sanders Library Director Troendle OTHER BUSINESS Mobile Food Units Community Development Director Gladhill reviewed regulations pertaining to Mobile Food Units (Food Trucks) in the Central Business District and surrounding Neighborhood Conservation District. Currently, the units are subject to the Design Guidelines, require Heritage Preservation Commission (HPC) approval if they remain on a site for more than 20 hours, and are not allowed on public property unless part of an event permit. The HPC has discussed not allowing mobile food units to be parked overnight, requiring that they be removed from the site when not in use, and having a seasonal limitation or limit on the number of days per year that a unit could be stored overnight. Staff requested direction to start drafting code amendments. Councilmember Odebrecht favored not allowing food trucks to remain overnight; Councilmember Collins favored only allowing them May 1 - Oct 31; and Mayor Kozlowski stated the goal is for the units to not be permanent; maybe 180 days max. Mr. Gladhill will bring possible language forward to a future meeting. Sundance Stillwater Development Community Development Director Gladhill reviewed an application from Timberland Partners for a Zoning Map Amendment to facilitate the development of a 187-unit townhome development at the southeast intersection of Manning Avenue and 80th Street North (also connects to Boutwell Road North). The applicant is requesting the Zoning Map Amendment prior to commencing design on the Preliminary and Final Plat, in order to avoid significant costs in the event the Zoning Map Amendment is not approved. He explained the City Council Meeting March 7, 2023 Page 2 of 10 process of zoning amendments including public input. He added the developer has a purchase agreement with deadlines, and requested Council give direction on project. Mayor Kozlowski asked if such a significant change in density would require a traffic study; and Mr. Gladhill answered that staff would recommend a traffic study for a project of this scope. Councilmember Collins inquired if Washington County would allow access off Manning, and Mr. Gladhill replied that he does not think so; traffic from the development would all go to 80th Street. Ryan Sailer, Vice President of Real Estate Development with Timberland Partners, explained the project: 187 townhome-style apartments managed by the developer, on approximately 24.27 acres located at 80th Street North and Manning Avenue. The City’s Comprehensive Plan talks about density of 6-14 units and the density proposed is 10.87 units per acre, in the middle range. Mayor Kozlowski remarked, looking at the Sundance project in Woodbury, he has no reason to oppose it at this time, unless staff has concerns about utilities, drainage and traffic. Mr. Gladhill stated if the Council wants to lower the Comp Plan density for this parcel, the City could attempt to amend the Comp Plan and future land use map through the Met Council. Mr. Sailer stated the site plan incorporates feedback from the neighbors to the east, and is a better version than done in Woodbury because all the garages are in-loaded. He explained the townhome style, amenities and on-site management, housed inside a 5,000 square foot clubhouse. The average square footage is 1,200. Tenants will be young professionals who want to get into the community but cannot afford to buy, and people who are downsizing and want to stay in the community. Less than 10% of the residents have kids. The land is a good candidate for rezoning and is appropriately guided. There is a need for attainable life cycle housing, there are four willing sellers, and it will be a good addition to the City’s tax base. Timberland is willing to listen to the concerns of the City and the neighborhood. Mayor Kozlowski indicated that he would like to see impact studies, as with any other development, before voting on a rezoning and text amendment. He asked Mr. Sailer, if the Council feels a project with less than 100 units makes more sense, would that mean a “no?”; and Mr. Sailer answered yes, that is correct. Councilmember Junker stated that he supports the higher density housing; also, he strongly believes the 100 foot right of way setback from Manning Avenue must be maintained. Mr. Gladhill responded that if the City will not deviate from the 100 foot setback from the right of way line, it would dramatically impact the number of units. Mayor Kozlowski agreed he would not want to deviate from the se tback, though this housing type is needed in Stillwater. Mr. Gladhill summarized what he heard from the Council: package the zoning amendment with the plat; supportive of the general concept, but not supportive of deviating from the 100 foot setback; and an important factor will be the traffic analysis. City Council Meeting March 7, 2023 Page 3 of 10 Councilmember Odebrecht offered a wording change for Mr. Gladhill: the Council is not saying they are supportive of it, so much as not opposed to it. Mr. Sailer asked, if the current Comp Plan guides the property this way and it is within the recommended density, what would be some reasons why it would not be appropriate? Councilmember Collins responded, in terms of traffic, taking 187 units worth of cars onto Boutwell where a lot of traffic has been added over the years, is a concern. Councilmember Odebrecht stated he envisions this compounding traffic problems in the center of City where there is already too much pressure. Councilmember Junker stated, keep in mind the one way in/one way out on Boutwell. Terra Springs downtown has roughly the same number of units with one way in/one way out. Mr. Sailer emphasized the project preserves the wetland, satisfies environmental concerns, and is a high end product that fits the site well. However, there is a density point where it would not make sense for the developers. SAFER Grant Discussion Fire Chief Glaser shared that the U.S. Department of Homeland Security, Office of Domestic Preparedness is accepting applications for Staffing for Adequate Fire and Emergency Response (SAFER) Grants. The program awards funding directly to fire agencies to hire additional firefighters to provide 24-hour staffing and enhance the department’s ability to meet minimum staff response standards. He requested authorization to apply for a three- year grant covering salary and benefits for six additional firefighters, based on the Fitch staffing study. If the Council prefers, three additional positions would be a good start. Council consensus was to apply for four positions as long as it is possible to amend the application if needed, to drop the fourth position. The Council requested an analysis of what the added positions would cost in Year 4. Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adopt Resolution 2023‐037, Resolution Approving Stillwater Fire Department Application for Federal Emergency Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response (SAFER) Grant to Hire Additional Firefighter Personnel. All in favor. City Code Revisions City Attorney Land reviewed Code revisions proposed for portions Ch. 2, Administration and Ch. 6, Business pertaining to CBD sales, gambling/pull-tabs, street performers and licensing of hotels. More topics will be covered next month, prior to a public hearing on the proposed amendments. STAFF REPORTS Public Works Director Sanders gave the spring flood forecast; a dike will be needed along Lowell Park. He commended Natural Resource Technician Andrew Coyne for getting a $47,000 DNR grant for slope restoration behind Pioneer Park. He stated power upgrades will be done next week along Union Alley; and Streets Superintendent Nick Chaves has announced his retirement. City Council Meeting March 7, 2023 Page 4 of 10 Police Chief Mueller reminded the Council of the May 13 Bike Rodeo; noted that Officer Crosby received the Chamber’s Behind the Badge Award. He updated the Council on the officer-involved shooting, thanking officers, first responders, Fire Department and Public Works staff for their heroics. Fire Chief Glaser reported the Fire Relief Association annual meeting is April 3; Oak Park Heights is doing a fire service study; and gave reminders on ice safety and clearing heating exhaust pipes outside homes to prevent carbon monoxide poisoning. Finance Director Provos stated the EPR Project contract on tonight’s consent agenda will be subject to final approval by the City Attorney. Community Development Director Gladhill gave a reminder of tomorrow’s downtown parking public meeting. City Clerk Wolf reviewed spring newsletter items. City Attorney Land stated she is working on a settlement agreement on library roof repair. City Administrator Kohlmann informed the Council that with IT Manager Holman’s retirement, Terre Heiser will be hired part time for a limited term. Cyber security sensors have been implemented onto the network. The White Bear Lake mediation meeting will be May 3. The City will renew rooftop holiday light agreements with businesses. Library Director Troendle stated the library is launching a wellness series for people 55+, and summarized yearly reporting just completed. RECESS Mayor Kozlowski recessed the meeting at 6:13 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:02 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker (via Zoom), Odebrecht Absent: Councilmember Polehna 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. City Council Meeting March 7, 2023 Page 5 of 10 RECOGNITIONS OR PRESENTATIONS Proclamation - Colorectal Cancer Awareness Month Mayor Kozlowski read a proclamation for Colorectal Cancer Awareness Month. OPEN FORUM There were no public comments. CONSENT AGENDA February 21, 2023 Regular Meeting Minutes Payment of Bills 2023 Parking Lot and Trail Improvements Approve Bids and Award Contract - Resolution 2023‐038 2023 Street Improvement Project – Saw Cutting Contract Agreement 2023-2025 Labor Agreement with AFSCME Council 5 Local 517 – Resolution 2023‐039 2023-2025 Labor Agreement with MNPEA Managers Association – Resolution 2023‐040 2023-2025 Compensation Adjustment for Nonrepresented Employees – Resolution 2023‐041 County Road 5 Phase 2 Project Award Contract – Resolution 2023‐042 Cruisin’ on the Croix Car Show Event Contract Agreement Enterprise Resource Planning Software Agreement Hauler License for Allied Waste Services Inflow and Infiltration Grant Program Agreement – Resolution 2023‐043 Lily Lake Pressure Reducing Valve Project Approve Bids and Award Contract – Resolution 2023‐044 MNDOT Limited Use Permit for Downtown Pedestrian Crosswalk – Resolution 2023‐045 Parks & Recreation Commission Appointment Pioneer Park Restoration Project Grant Agreement Short Term Home Rental License for 906 Maple Street West Stillwater Half Marathon Event Contract Agreement Zoning Text Amending City Code Section 31-325 (Allowable Uses in Non-Residential Districts) and City Code Section 31-101 to Establish Appropriate Locations for Indoor Commercial Recreation Uses – 2nd Reading of Ordinance 1200 Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Appeal of Heritage Preservation Commission Contingent Design Permit Approval for New Dwelling at 1824 1st Street North (Rambacher Residence) Community Development Director Gladhill explained that neighbors of 1824 1st Street North are appealing a HPC-granted approval of a design permit conditioned on reducing the proposed three-stall garage to a two-stall garage. Concerns were raised during concept review about the mass and scale, and staff worked with the applicant on a revision that changed the roofline to a pitched roof with a series of gabled ends. The garage also was moved from the lower level, to an attached two-stall garage. The HPC approved this design with conditions. Significant public comments have been received in opposition to the design. City Council Meeting March 7, 2023 Page 6 of 10 There is a steep slope in the middle of the lot. To show topography challenges, he provided a sketch showing what the proposed design would look like if the site were flat. He explained a neighborhood map prepared by the applicants showing the mix of housing types. Two variances would be needed for the present design: a front yard setback variance and side yard setback variance. These will be addressed by the Planning Commission. Mayor Kozlowski asked what tools tell a homeowner what they can and cannot build if they buy a lot in a certain district; and Mr. Gladhill replied that the Stillwater Design Guidelines address preservation and new construction, but not all are hard requirements. Staff meets with all applicants before they submit an application to review the guidelines. Mayor Kozlowski then asked, with the roof line for example, at what point were the applicants told what is required in the Design Guidelines and how did the design reach the currently proposed revision; and Mr. Gladhill answered that is a question for the applicant. Staff tries to work with applicants to reach the desired scale and mass. Staff suggested the gabled roofline is more attuned to a vernacular house. Councilmember Odebrecht stated there is a lot of wiggle room with the guidelines and he struggles with how to make this a cleaner, easier process. Mayor Kozlowski opened the public hearing. Andrea Rambacher, applicant, stated they have made every attempt to maintain the overall streetscape pattern and rhythm as quoted in the Neighborhood Conservation District Guidelines for new infill construction. This is not a large home, it is 30 x 40’ with an 11 x 10’ sunroom. The footprint falls below the 25% surface coverage maximum. Topography is a major disadvantage because the steep slope faces First Street. If built on a flat lot, it would be 1.5 stories. They worked with their architect to find a historical roofline that would minimize blocking the river view of neighbors, ensure a max building height of 35’ and maximize livable square footage for their family. They recognize some people here would prefer to see the home with a high pitched gable roof, but obstruction of views, and keeping with zoning code limits removed that roof type as an option. Conservation guidelines are subjective because every lot has challenges. Other infill homes in the area have an attached garage, which is important for security. They agreed to reduce from three stalls to two stalls per the HPC’s recommendation, and made every attempt to reduce the mass and scale of the home. Further changes would only result in new appeals. John Schoenecker, 301 Willow Street East, stated the design style may not fit the neighborhood, but it does not mean that it cannot totally work. He is not disagreeing with the new neighbors, but disagreeing with the style and the setbacks. Donald Empson, 7014 24th Street, Oakdale, a historian who completed seven neighborhood histories under contract with the HPC, stated there are errors in what Rambachers submitted: every one except two of the houses they presented as being comparable to theirs are not in Dutchtown. Additionally, there are only five houses in Stillwater that have mansard roofs and only one is on the North Hill. He showed an 1870 map of the separate mill town a mile from downtown Stillwater that in the 1880s came to be called Dutchtown, adding that the best remaining evidence of that community is its small houses. Today there are 38 houses in Dutchtown that date before 1900. Since 1900 there have been 4 new houses built. He feels the proposed house is totally out of scale and out of style with the Dutchtown area. City Council Meeting March 7, 2023 Page 7 of 10 Angela Anderson, 1121 4th Street North, stated she translated many German documents for the history of Dutchtown, and these old neighborhoods add a lot to Stillwater. Melanie Ebertz, 1924 1st Street North, stated the proposed home brings the community to the brink of Dutchtown extinction, and the HPC appears to have been negligible in their duties, failing to adhere to their own rules. She stated the neighbors look at this as an opportunity for a Dutchtown revival. Liz Nelson, 300 Willow Street East, cautioned when a neighborhood is lost, its character and history are lost. The neighborhood welcomes new neighbors, but does not want to lose the Dutchtown history. She asked that the City and HPC adhere to their own guidelines. Stephanie Legros, 309 Willow Street East, stated she restored an 1865 house with great effort to keep the historic Dutchtown feel. She welcomes new neighbors but feels if this house is allowed, there will be more houses demolished and modern houses built. Dan Kalmon, 309 Willow Street East, stated he welcomes the new homeowners. He stated affordable and life cycle housing in Stillwater is a real issue and the affordability of Dutchtown’s housing stock needs to be retained. John Colburn, 224 Willow Street East, pointed out the streetscape is predominantly homes built in the mid to late 1800s that are 1.5 story or less, and only one has a double attached garage. He explained results of a quality review he performed on this design proposal, which concluded that the guidelines were not appropriately applied. Greg Otsuka, 1912 1st Street North, pointed out the fact they are called guidelines is misleading, because the manual states a design “shall conform” to the design guidelines. The proposed design does not conform in terms of roof style and respecting the existing rhythm of the streetscape. Judy Foster, 2011 Schulenburg Alley, voiced worries about setting precedent, saying the current design would impact other homes, taxes, City sewer and water. This has happened in other neighborhoods where modest homes became multi-million dollar homes with no consideration of the existing area. Jon Skaalen, 1900 3rd Street North, stated allowing the current design would cause other people coming to Stillwater to believe they can build whatever they want. John Greeder, 1921 Broadway Street North, noted that on the plans, if the footprint is 30 x 40’ and a typical garage door is 9’ per stall, making the two stalls almost 20’ wide, the dimensions do not necessarily make sense. He added that the original settlers were German, and probably would not have chosen to build something French-themed. Todd Dalberg, 1006 3rd Avenue South, stated he went through the HPC process five years ago to build a home that is not Victorian, and nearly 4,500 square feet. There was no outrage nor resistance. He questioned whether the debate is about architecture or about a subjective subset of individuals who are going to be able to choose who lives in Stillwater. He told the Council there will be precedent based on the decision if the design is overruled, that any community can choose who lives next to them and that is a dangerous slope. Richard McDonough, Stillwater township resident and Stillwater real estate broker, noted that potential homebuyers are often are misguided as far as what they can or cannot do with the process. He wondered why an independent consultant review is not required when City Council Meeting March 7, 2023 Page 8 of 10 building, as it is when demolishing a house. Many people on the HPC are not professional design consultants and there is a lot of armchair quarterbacking. The process and guidelines should be clearer. Councilmember Odebrecht noted the reason that the variance request has not been acted on yet ,is that the Planning Commission meeting had to be cancelled due to snow. Andrea Rambacher stated there is more to this than what the house looks like. While affordable housing is important, it is not a valid basis to oppose their home. Mayor Kozlowski closed the public hearing. Mr. Gladhill stated Council’s options and reminded them the 60 day clock to act on the application runs till April 20. Councilmember Junker talked about the HPC meeting discussion. The 4-2 vote for approval was after about an hour of discussion. At the last minute, one of the Commissioners moved approval if the three car garage got reduced to two. It appeared it was going to be tabled for more info, but then the motion came in and that motion passed 4-2. Mayor Kozlowski agreed with the neighbors that the design of the house does not meet the standards. If the case is sent back to the HPC, he asked if the property owners could work to come up with a design that would meet the standards. The Rambacher’s replied that they made a lot of concessions already, so probably not. They have reached an impasse because they got verbal confirmation that if the house were any higher, the neighbors to the west would appeal it for blocking their river view. They added that in order to get enough square footage for a family home, a gabled roof would not work. Mr. Gladhill acknowledged there was debate about whether the mansard roof was appropriate. If sent back to the HPC, the discussion would be about the roof design. Mayor Kozlowski stated he struggles with the Design Guidelines. He is frustrated that the HPC approved this design, because they are tasked with upholding the guidelines. He believes the property owners could build a house in that neighborhood that fits the requirements of their family. Councilmember Junker applauded all the information presented. He feels even with modifications, this particular house does not fit the street rhythm of 1.5 story homes and would be out of character. Councilmember Collins stated he does not want to appear to be d esigning somebody’s home, but there is a reason for the ordinances governing the Neighborhood Conservation District. There are some minor things that could be changed so it would fit the character of the neighborhood. Unfortunately the HPC got this one wrong. Councilmember Odebrecht agreed. He suggested the neighbors channel their passion into forming a homeowners association and devise a plan to ensure this would not happen again. Mayor Kozlowski stated his preference would be to send this back to the HPC and let the property owners come up with a design that is within the Design Guidelines. Mr. Gladhill stated it would be a new process and the proposal would have to be significantly different. The current proposal could not come back for at least a year, but something significantly different like a new roof form could come back sooner. City Council Meeting March 7, 2023 City Attorney Land stated that a resolution with findings for overturning the HPC approval and denying the current design can be drafted, for formal adoption at the next meeting. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to uphold the appeal and deny the design permit for Rambacher residence, 1824 1st Street North. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. COUNCIL REQUEST ITEMS Climate Action Plan Councilmember Odebrecht explained the need for a Climate Action Plan. It will require dollars, including federal money. The plan will have four phases: define the problem, measure data, analyze it, and come up with an improvement plan. A climate action committee can be formed to meet once a month to develop and implement the plan. Xcel Energy's Partners in Energy Program can be involved. Community engagement also will be important. He is asking the Council to accept the plan, support the creation of a Climate Action Committee and join Xcel Energy's Partners in Energy Program. Roger Tomten, Sustainable Stillwater, stated they are willing to assist. Rick Heidick, 3557 White Pine Way, stated the bottom line is, inactivity is a problem. Councilmember Odebrecht's proposal accomplishes a framework for ensuring the future livability of Stillwater. Mike Wilhelmi, Community Relations Manager for Xcel Energy, explained that Partners in Energy is a standalone program that would involve a two year collaboration at no cost to the City. Xcel provides facilitators to oversee the process, conduct workshops and create a custom and executable plan. Motion by Councilmember Odebrecht, seconded by Mayor Kozlowski, to accept the Climate Action Plan, create a Climate Action Committee, and join Xcel Energy's Partners in Energy Program. Motion passed 3-1 with Councilmember Junker voting nay. ADJOURNMENT Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 9:28 p.m. ATTEST: W/z.,6( Beth Wolf, City Cler Mike Polehna, Vice Mayor Page 9 of 10 City Council Meeting March 7, 2023 Page 10 of 10 Resolution 2023‐037, Resolution Approving Stillwater Fire Department Application for Federal Emergency Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response (SAFER) Grant to Hire Additional Firefighter Personnel Resolution 2023‐038, Accepting Bid and Awarding Contract for Parking Lots and Trails Improvement Project (2023-04) Resolution 2023‐039, Approving the 2023-2025 Labor Agreement Between the City of Stillwater and American Federation of State, County and Municipal Employees Minnesota Council 5 Local 517 Resolution 2023‐040, Approving the 2023-2025 Labor Agreement Between the City of Stillwater and Minnesota Public Employees’ Association Public Managers Resolution 2023‐041, Approving 2023-2025 Compensation Adjustments for City of Stillwater Nonrepresented Employees Resolution 2023‐042, Accepting Bid for CSAH 5 Phase 2 Project (Project 2019-09) Resolution 2023‐043, Resolution Approving Grant Agreement Between the Metropolitan Council and the City of Stillwater for 2020 I&I Grant Program Resolution 2023‐044, Accepting Bid and Awarding Contract Lily Lake Pressure Reducing Valve Project Resolution 2023‐045, Entering into Limited Use Permit No. 8210-0082 with MnDOT Ordinance No. 1200, An Ordinance Amending City Code Chapter 31, Section 31-101 and Section 31-325 Regarding Commercial Recreation Definitions and Business Park - Industrial Allowable Uses