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HomeMy WebLinkAbout2023-05-02 CC MINl 1,1warer 216 4ch Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL MEETING MINUTES May 2, 2023 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:31 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht Absent: Councilmember Polehna Staff present: OTHER BUSINESS City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Assistant City Engineer Abdullah Library Director Troendle Middle St. Croix Valley Regional Trail Master Plan Connor Schaefer, Senior Planner with Washington County, reviewed the Middle St. Croix Valley Regional Trail Master Plan. He explained the goals, timeline, public engagement, costs and implementation considerations. He addressed the Stillwater segments in detail and stated the final approval process is expected in June -July. Councilmember Junker asked if Stillwater will continue maintaining the regional segments on existing trails within the City, or will there be County support; and Mr. Schaefer answered that he does not think there will be any change in the short term, but when there are significant new segments in place, would be the right time to ask that question. Rick Heidick, Chairman of Sustainable Stillwater, spoke in support of the plan. He emphasized the importance of trails for community connectivity, for commuting, and transportation, as well as recreation. Councilmember Junker noted that when it becomes a regional trail, some downtown Stillwater segments will require riders to get off their bike for events and weekends. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2023-068, Resolution Supporting the Washington County Middle St. Croix Valley Regional Trail Master Plan. All in favor. River Grove School Community Development Director Gladhill explained that the Manitou Fund has applied for a Conditional Use Permit (CUP) to operate a school at 601 Main Street N, the current location of the Zephyr Theatre. Alternatively, the applicant is also open to an Interim Use Permit City Council Meeting May 2, 2023 (IUP). The Manitou Fund would remodel the existing structure to house River Grove School, a public charter school currently located in May Township. The Manitou Fund would lease the building to the Zephyr Theatre for use outside of school hours as a temporary joint use. Staff has determined the application to be incomplete pending completion of a traffic study and other items needed for Planning Commission review. Exterior modifications to the building require approval from the Heritage Preservation Commission (HPC), because the site is within the Downtown Design Review District. Staff is seeking direction as to the level of support for a request to allow a public charter school (K-6), as well as specific direction on potential review processes. Councilmember Collins voiced concern about the possibility of traffic stacking on Main Street, and Councilmember Junker added that MnDOT is going to install a center island on Main Street in this area, which will change the traffic dynamic. Mr. Gladhill stated SRF, the firm doing the traffic study, is aware of this. He reviewed proposed exterior building modifications on the trail side, and interior changes with temporary walls and temporary staging. He reviewed the tight timeframe for development review: HPC review on May 17 if the traffic study is completed, and Planning Commission review May 24 under the best scenario. Public school plans must be reviewed by the State, so the project might want to apply for that State plan review soon regardless of City approvals. Councilmember Junker stated the traffic study should include the anticipated number of cars stacking up on Highway 95 in the morning and late afternoon. Mr. Gladhill replied staff is confident the traffic study will show more than one scenario. Potential concerns are: traffic safety, schedule/timeframe, compatibility with neighboring properties, and ensuring the use will not be detrimental to surrounding properties. Staff seeks Council direction on whether the use is similar to allowable uses of either a trade school or a school for the arts. If yes, then staff seeks direction on whether the Council supports the idea of the school as a permanent use or a temporary use. City Attorney Land stated the use must be determined to be similar to allowable uses, because right now it is not an educational institution under the definition in code. The closest designation staff could find was trade school or school for the arts. Nicole Bartelt, Board Chair for Zephyr Theatre and Drew Goodson, River Grove School Director, offered to answer questions. Councilmember Junker inquired if this proposal is truly an interim proposal, because some items submitted stated the school might be interested in a second location for an arts school; and Mr. Goodson replied that the school is disappointed to lose the opportunity to stay in its current location and needs a temporary home. They have an amazing partner in Manitou which has adjacent property, but to build a world class education center will take time. The best solution is to have a temporary location to allow them to regroup for a 2-4 year period. They have 223 students and have paused enrollment with 79 students on the waiting list. Councilmember Odebrecht asked if the school would be comfortable with a condition in the IUP capping the number of students at 225; and Mr. Goodson answered yes. They have about 50 staff members now, and will be closer to 40 with this move. Page 2 of 7 City Council Meeting May 2, 2023 On a question by Councilmember Odebrecht regarding what will they do with the kids at recess; and Mr. Goodson responded that they are professional problem solvers. There are community assets they can use, for example the stairs to Pioneer Park. They also want to be good neighbors and not abuse those areas. Councilmember Odebrecht then inquired if the Zephyr Theatre is going to get back to a working theatre/performing arts center; and Ms. Bartelt responded yes, the proposal is a good interim step and they intend to keep delivering excellent programming. This may be the only viable path for them to continue to be part of the Stillwater community. Mayor Kozlowski noted there are many code improvements necessary to improve the building that will benefit the community and the theatre. Councilmember Junker asked if the real estate tax exemption filed by the Zephyr Theatre in 2021 will continue when the Manitou Fund owns the building; and Finance Director Provos answered it currently is tax exempt with a special assessment. Brian Bell, lawyer for the Manitou Fund, added that it is possible that the Manitou Fund will own it through a single member LLC, in which case they may not have tax exempt status. Council consensus was to use an Interim Use Permit process for the school. Oak Park Heights Fire Study City Administrator Kohlmann stated the City is invited to participate with the City of Oak Park Heights on a review of local fire and EMS services. There is no obligation for financial contribution, but it would consume staff time. Council consensus was to direct staff to share information and answer questions, but not to be a formal participant. STAFF REPORTS Assistant City Engineer Abdullah stated the flood berm will be removed in mid -May. He gave updates on the CSAH 5 project, the 2023 street project, the park and trail project. Police Chief Mueller acknowledged the tragic Waste Management accident last week, and updated the Council on planning for the Lumberjack Days Parade. Fire Chief Glaser reported the fire boat has arrived; May 4 is National Fallen Firefighters' Day; the fire warning level is red flag. Finance Director Provos noted auditors are done and the first draft is due May 24; kudos to Vanessa Norby, Assistant Finance Director. Mr. Gladhill led discussion on whether the Council wishes to extend free parking through October due to the Chestnut Plaza construction disruptions. Consensus was to set a formal start date of June 1 for existing pay lots, and September 1 for all other areas. Mr. Gladhill reported The Miller now has residents living there; Chapel Hill Flats will go to the Heritage Preservation Commission in May for changes to the elevator towers; Sundance Stillwater will bring a revised concept in June; there is a Washington County Business Event May 11. City Clerk Wolf stated staff has worked with Peachiie on a month of Facebook posts. City Attorney Land reported that City Code revisions will be discussed May 18. Page 3 of 7 City Council Meeting May 2, 2023 City Administrator Kohlmann gave a Sales Tax Bill update and stated White Bear Lake mediation will take place tomorrow. Library Director Troendle stated some old Stillwater Gazette newspapers are being digitized. Library Board meetings will now start at 5 p.m. instead of 7 p.m. The new website domain name is now live. RECESS Mayor Kozlowski recessed the meeting at 6:19 p.m. REGULAR MEETING Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, 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 Assistant City Engineer Abdullah 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 7:00 P.M. Rick Heidick, Sustainable Stillwater, listed activities planned for Bike Month in May. CONSENT AGENDA April 18, 2023 Special and Regular Meeting Minutes Payment of Bills 2nd Street Pond Sediment Project Contract Agreement 72nd Street Improvement Project Accept Bids and Award Contract - Resolution 2023-069 Acapulco Restaurant Event for Cinco De Mayo and Extension of Liquor Premise - Resolution 2023-070 Benson Park Water Fountain Project Contract Agreement Boards and Commission Annual Appointment of Members Laurel Street Retaining Wall Project Contract Agreement Settlers Glen Development Pond Survey and Sampling Contract Agreement Short -Term Home Rental License for 807 Harriet St S Page 4 of 7 City Council Meeting May 2, 2023 Temporary Liquor License for Stillwater Library Foundation 4th of July Event Therapeutic Massage Business and Individual Massage Therapist Licenses - Resolution 2023-071 and Resolution 2023-072 Union Alley License Agreement and Extension of Liquor Premise - Resolution 2023-073 Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Case 2023-07 to consider an appeal to Planning Commission denial for a Preliminary Plat and Final Plat to create one lot and a Conditional Use Permit to allow a Car Wash at 2001 Washington Avenue Community Development Director Gladhill reviewed the case. On March 28, 2023, the Planning Commission denied the CUP to allow a car wash and recommended denial of associated preliminary and final plats. Much of the Planning Commission's concern was about traffic, both external and internal to the site. The applicant is appealing the Planning Commission's decision and has submitted updated plans. Mayor Kozlowski asked if staff is comfortable with the internal traffic solutions, and Mr. Gladhill answered yes. Mayor Kozlowski opened the public hearing. Michael Givens, representing the property ownership, highlighted the changes made since the Planning Commission meeting. There is one condition, a curb that was added to the packet late, which they feel would be an impediment to the internal traffic flow. They have improved the traffic flow into the lot using a right -in only in the southwest entrance. Mr. Gladhill added this was not so much about getting drivers to a different part of the intersection, it was about pedestrian safety interior to the site, which could be improved by bringing more traffic to Tower Drive. He thinks an engineering solution can be found. Mr. Givens added they got approval from Brown's Creek Watershed District. They have changed the proposed easement out to Tower, so now the lot extends out to Tower. There will be an internal access agreement. Bill Griffith, Larkin Hoffman attorney representing the applicants, stated the first access point on Washington will be signed for a right -in only. He pointed out the additional wayfinding signage throughout the site and agreed they can find a compromise mid -point with the requested curb, so traffic can continue to flow. Mayor Kozlowski closed the public hearing. He stated he understands the Planning Commission denial but it is the City's job to fix the intersection. The City can not keep preventing property owners from using their property. Councilmember Junker stated he is glad that there are two exits, Washington and Tower, and the stacking room looks great. Councilmember Odebrecht stated he is concerned about the car wash's projected 7,000 memberships as mentioned at Planning Commission meeting. He appreciates the work done, but does not think the intersection can handle those numbers. Page 5 of 7 City Council Meeting May 2, 2023 Councilmember Collins stated he appreciates the applicant cleaning up the lot and the additional info provided. Motion by Councilmember Junker, seconded by Councilmember Collins, to uphold the appeal and adopt Resolution 2023-074, Conditional Use Permit to Facilitate a Carwash Located at 2001 Washington Avenue. Motion passed 3-1 with Councilmember Odebrecht voting nay. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2023-075, Resolution Approving a Preliminary and Final Plat for MJG 2nd Addition, with the additional adjustments that may need to be made with the curbing. Motion passed 3-1 with Councilmember Odebrecht voting nay. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Summer Tuesdays 2023 Event Contract Agreement City Administrator Kohlmann stated that Summer Tuesdays, Inc. submitted an application for their 2023 special event permit Tuesday evenings in July to August. Event organizers are requesting that the Council waive the base fee of $3,000. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to approve the event and waive the base fee only. All in favor. 401 of July Celebration Mr. Kohlmann updated the Council on planning for Stillwater's 4th of July Celebration. The Council is asked to approve the agreements with RES Pyrotechnics, St. Croix Jazz Orchestra, BAM! Productions and Battery I, 1st US Artillery and provide direction on the schedule for firing the cannons due to the complaints from last year. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to approve the agreement and activities with cannon firing at 3, 4, and 5 p.m. on the hour. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 7:46 p.m. 1--7 ' Ted Kozlowski, Mayor ATTEST: Joe Kohlmann, Acting City Clerk Page 6 of 7 City Council Meeting May 2, 2023 Resolution 2023-068, Resolution Supporting the Washington County Middle St. Croix Valley Regional Trail Master Plan Resolution 2023-069, Accepting Bid and Awarding Contract for 72nd Street Improvement Project (2022-04) Resolution 2023-070, Resolution Approving Amendment to Liquor License for Temporary Outdoor License Premise Resolution 2023-071, Approving Issuance of New Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses Resolution 2023-072, Denying Issuance of a Therapeutic Massage Business License and Individual Massage Therapist License Resolution 2023-073, Resolution Approving Amendment to Liquor License for Additional Temporary Outdoor License Premises Resolution 2023-074, Conditional Use Permit to Facilitate a Carwash Located at 2001 Washington Avenue Resolution 2023-075, Resolution Approving a Preliminary and Final Plat for MJG 2nd Addition Page 7 of 7