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HomeMy WebLinkAbout2023-12-19 CC MIN 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES December 19, 2023 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker (via Zoom), Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos 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 Certificates of Appreciation – Stillwater’s 2023 Tree Lighting For their support of the downtown tree lighting, Mayor Kozlowski thanked: Paul Larson, Alchemy Sound & Vision; Jeff & Missy Hause; Discover Stillwater; Cub Foods; Steve St. Claire & Crew, Miller Excavating Inc; Stillwater Elks Lodge #179; Kevin Polski, Holiday Lighting & Design; Darrell Wold, Big Sky Crane Co; Rob McCallie, McCallie’s Tree Service; Hansen Family; and Stillwater Public Works Staff. OPEN FORUM Two residents thanked the Council and wished them Happy Holidays. STAFF REPORTS Public Works Director Sanders gave project updates. Police Chief Mueller gave updates on personnel, recognized Officers Papke, Mallet and Junker for their efforts, and thanked surrounding communities for assistance on cases. Finance Director Provos gave an update on the new software installation. Community Development Director Gladhill reported on new software training and upcoming projects. City Clerk Wolf stated 37 administrative assistant applications were received. She revealed the Cookie Exchange winner. cStillwater ~~ ......, ' The Birthplace of Minnesota J City Council Meeting December 19, 2023 Page 2 of 7 City Attorney Land reported on demolitions in the 1300 block of 3rd St S. City Administrator Kohlmann reported on Senate Bonding Committee actions, the World Snow Sculpting Championship, and a Downtown Management Board to be formed in January. CONSENT AGENDA December 5, 2023 Regular and Closed Session Meeting Minutes Payment of Bills Acceptance of Donations in 2023 – Resolution 2023‐168 Chapel Hill Flats (Landucci Construction) Lot Consolidation – Resolution 2023‐169 City Council and Boards & Commissions Meeting Date Changes for 2023 – Resolution 2023‐170 Earned Safe and Sick Time – Resolution 2023‐171 Library Board of Trustees Appointments Modify order to remove hazardous structure at 1309 3rd St S – Resolution 2023‐172 North Hill Community Garden License Agreement St. Croix Boat & Packet Dock Permit Renewal for 2024 Settler’s Glen Development Pond Sediment Removal Project Agreement Solid Waste, Recycling and Roll-off Hauler License Renewals for 2024 Therapeutic Massage Business and Individual Massage Therapist Licenses – Resolution 2023‐173 and Resolution 2023‐174 Washington County Coordinated Mental Health Response Amendment to Agreement Resolution Amending Resolutions 2023-076 and 2023-077 – Resolution 2023‐178 Settlement Agreement Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Case 2023-04 to consider Zoning Map Amendment to rezone from AP (Agricultural Preserve District) to CTHR (Cove Townhouse Residential District) for a Townhouse Development (Sundance Stillwater) – Ordinance 2nd Reading Community Development Director Gladhill stated that Timberland Partners has applied for a Zoning Map Amendment, Preliminary Plat, and Final Plat to facilitate construction of a 179-unit townhome development at the southeast intersection of Manning Avenue and 80th St N (also connects to Boutwell Road N). The City Council approved the first reading of the Zoning Map Amendment on November 8, 2023. The request also includes the demolition of a 1908/1910 farmhouse at 12125 80th Street that since 2009 has housed Trellis Weddings. The original structure was added onto after 1946. If required to be preserved, it would impact 16 units, requiring layout changes. The Heritage Preservation Commission (HPC) recommended denial of the demolition permit on a 3-2 vote. Staff recommends that the Council approve second reading of the Zoning Map Amendment, the Preliminary and Final Plat, and the request for demolition of a pre-1946 structure, based on guidance of the Comprehensive Plan. City Council Meeting December 19, 2023 Page 3 of 7 Councilmember Collins asked if the house can be moved, and Mr. Gladhill replied that option could be explored. The wedding venue probably is booked through 2024 so there will be time to consider options to move it either on site or to another location. Mayor Kozlowski remarked that Sustainable Stillwater submitted feedback in regard to trail connections, only a few days ago. Ryan Sailer, VP Development, Timberland Partners, explained the site plan. There are sidewalks around each of the buildings that connect to the trail system via a trail to be built along 80th St. The green buffers along 80th and Manning include preservation of existing trees. The development consists of two-story buildings with 8-12 units per building. Estimated rents will be $1,600-3,300 with the average rent $2,300. He stated this is not unattainable luxury housing, it is attainable compared with homeownership figures in the market today. He explained the rezoning and stated they are not asking for any variances. Not demolishing the house would render the project not financially feasible due to the required buffer setbacks. Other than some hardwood floors in a few rooms, most of the original structural integrity is gone. Through photos and the Washington County Historical Society (WCHS), the development can tell the home’s story inside the clubhouse. Mayor Kozlowski opened the public hearing. Roger Tomten, Sustainable Stillwater MN Board Co-chair and Climate Action Team leader, described opportunities to better connect the site to the community: extending the trail along 80th Street and connecting the trail system to the Manning trail on the south end of the property. Sustainable Stillwater advocates for pedestrian connections specifically from sidewalks to trails as much as possible. These issues should be incorporated into the zoning ordinance itself so that staff is able to talk to developers early on about these issues, rather than the public or neighbors making last minute suggestions. Renae Oswald Anderson, 7789 Manning Ave N, stated she appreciates the developer’s attempts to make this look like affordable housing but it is not affordable for young professionals. She is very concerned about the high density, increased traffic and impact on habitat preservation. She is pleased that the Brown’s Creek Watershed District supports the project. She urged the Council to address workforce and affordable housing. Matt Thueson, Heritage Preservation Commission (HPC) Chair and Washington County Historical Society representative, stated this project appeared on the HPC’s radar just 10 days ago although staff has been working on it for over a year. The demolition ordinance covers all structures built before 1946. The HPC denied the request for demolition; the majority of the Commission felt it did not meet the clear standards in City Code. He read over the required findings that are the criteria for demolition. Comprehensive research was not done. Mayor Kozlowski stated there should be consideration of possibly having different criteria for homes that are not in the central historic corridor, but in recently annexed areas. Councilmember Polehna stated he sees no historic significance to the house except for its age. Regarding whether the existing demolition ordinance should apply to the annexed portion of the City, Mr. Thueson stated when the demolition ordinance was revised, it established one standard for the entire City. This site is part of the historic Rutherford Neighborhood City Council Meeting December 19, 2023 Page 4 of 7 which is almost as old as the City itself. Based on the information that went to the HPC, it is unclear what remains of the neighborhood, so there is no answer to the question of significance. Mayor Kozlowski responded there’s not really a neighborhood there. Mr. Thueson replied there are houses on the other side of Manning and that, historically, it was a single neighborhood that spanned the highway but more historic research is needed to answer that question. Mr. Gladhill stated the assumption was that these are 1970s homes, until staff discovered around the time of the Planning Commission meeting that it was a pre-1946 era structure. Wendy Ward, 3807 Abercrombie Ln, stated that the purpose of Ag Preserve zoning is to protect and enhance agricultural use and open spaces. Mayor Kozlowski clarified that Ag Preserve is often used as a holding zone and this has not been used as agricultural land for a while. Ag Preserve is a misleading name but the intent was always to preserve it for development. Councilmember Polehna stated when the City annexed that property, it was put into Ag Preserve to hold it until developed. Ms. Ward continued, stating that this is a 22.83 acre proposal, nearly 41% will be impervious surface. She questioned whether the design needs 10 acres of asphalt and asked the Council to consider asking the developer to use pervious pavers or reduce the amount of impervious surface by 15-20%. Secondly, this development is 100% market rate rentals which will shut out many people the City needs to service its businesses. She suggested asking the developer to make 10% of the total units to be sub-market rate. Mayor Kozlowski stated the City cannot require that unless the City can provide affordable housing incentives. The developer has never positioned this as affordable housing. Ms. Ward read from the tree removal ordinance and stated the plan includes substantial and harmful removal of trees. Mr. Gladhill stated that what often prevents a higher percentage of tree preservation is the storm water requirements. The City can revisit tree preservation policy during the comprehensive zoning code update in 2024. Attorney Land added that the City Council cannot increase thresholds established in ordinance when a developer completely complies with the ordinance. Mayor Kozlowski stated that when developers want concessions, the Council can impose more restrictive requirements. However, this developer is not asking for concessions. Chris Wells, 12121 80th St N, one of the properties involved, stated he planted all the trees on his property, so they’re all less than 40 years old and should be thinned out. When he moved there in 1980, there were four trees on all three lots. Regarding zoning, the City has been telling him the land was going to be rezoned for over five years. He would like to sell and has talked with six different developers. Meeting medium density and following all the rules is very difficult. This has put him and his two neighbors in a difficult situation. The house has been remodeled at least three times; restoring it back to historical significance City Council Meeting December 19, 2023 Page 5 of 7 would be challenging. He appreciates that the project is environmentally friendly and meets the requirements of the City and the Watershed District. Mayor Kozlowski closed the public hearing. Mayor Kozlowski remarked that the developer is not asking the City for anything. He does not think all the same demolition rules should apply to this type of property and has no concern about the preservation of the historic character of this neighborhood because there is no neighborhood there. The HPC did a perfect job in applying the ordinance but he does not think this property fits within the framework of the ordinance. Councilmember Junker noted the property is not in a design review district nor is it listed in the City’s heirloom home district. The HPC does a great job looking at demolition requests. He feels this house does not meet any of the historical or cultural considerations. The developer has met all the requirements. He supports the demolition and the project. Councilmember Collins challenged, who can say that an old farmhouse that was on the edge of Stillwater has zero historical significance? He supports the project but struggles with the demolition. Councilmember Polehna asked if the house could be moved. Mr. Sailer stated the question then becomes, what is original that could be moved? There is very little historical integrity left. Would the two additions and the three car garage be moved as well? The square footage now is three to four times the original structure. Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve second reading of Ordinance No. 1208, an Ordinance Amending Chapter 31, Article 3 Section 31-311 of the City Code of the City of Stillwater regarding Cove Townhouse Residential Zoning (Case No. 2023-04), and to adopt Resolution 2023‐175, Resolution Approving a Preliminary and Final Plat for Sundance Stillwater, and Resolution 2023‐176, Approving a Demolition Permit for Demolition of a Pre-1946 Structure for 12125 80th Street North (Case No. CD2023-04). Motion passed 4-1 with Councilmember Collins voting nay. Case 2023-48 to consider Preliminary Plat, Final Plat, and Zoning Map Amendment to rezone properties located at 12811 62nd Street North to LR (Lakeshore Residential District) – Ordinance 2nd Reading Mr. Gladhill stated that Kurt Zaspel applied for a Zoning Map Amendment, Preliminary Plat, and Final Plat to facilitate the reconfiguration of two existing lots into two new lots that comply with local zoning controls. The Planning Commission recommended approval of the Zoning Map Amendment, the Preliminary and Final Plat on November 15, 2023. The Council approved the first reading of the Zoning Map Amendment on December 5. The 60-day rule expires on December 8th, 2023 and staff extended the review period by 60 days, until February 6, 2024. Based on the Comprehensive Plan, staff finds it appropriate to approve the second reading of the Zoning Map Amendment and the Final Plat. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to approve the second reading of Ordinance No. 1209, an Ordinance Amending Chapter 31, Article 3 Section City Council Meeting December 19, 2023 31-303 of the City Code of the City of Stillwater regarding Lakeshore Residential Zoning (Case No. 2023-48), and to adopt Resolution 2023-177, Resolution Approving a Preliminary Plat and Final Plat for Zaspel Ridge Addition. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Discover Stillwater Selfie Sign Public Works Director Sanders informed the Council that Discover Stillwater seeks approval of a sign permit for a frame style sign to be placed in Lowell Park near the Historic Lift Bridge. The free-standing sign can be moved as needed. It would be made by students at Stillwater Area Schools. The Parks and Recreation Commission supports the proposal. Staff recommends approval, with placement to be approved by the Parks Superintendent. Motion by Councilmember Polehna, seconded by Councilmember Collins, to approve the placement of a sign in Lowell Park as proposed by Discover Stillwater. All in favor. ❑r inanc E li hin F e 5ghqduIg f r 2 24 -- Ordinance 1st Readin City Clerk Wolf presented the proposed fee schedule. Motion by Councilmember Polehna, seconded by Councilmember Junker, to approve first reading of an Ordinance establishing the 2024 fee schedule. All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna noted the passing of Utilities Commissioner Karen Jensen. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 9:07 p.m. • Ted Kozlowski, Mayor ATTEST: fV7� Beth Wolf, City Cler Resolution 2023-168, Resolution Accepting Cash Donations 2023 Resolution 2023-169, Resolution Approving a Consolidation of Existing Parcels at 107 3rd St N Resolution 2023-170, Adoption of 2024 City Council and Boards and Commissions Meeting Calendar Resolution 2023-171, Approving Earned Sick and Safe Time for 2023 Page 6 of 7 City Council Meeting December 19, 2023 Page 7 of 7 Resolution 2023‐172, Resolution Amending Order to Remove the Hazardous Building Located at 1309 3rd Street South Resolution 2023‐173, Approving Issuance of New Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses Resolution 2023‐174, Denying Issuance of a Therapeutic Massage Business License and Individual Massage Therapist License Resolution 2023‐175, Resolution Approving a Preliminary and Final Plat for Sundance Stillwater Resolution 2023‐176, Approving a Demolition Permit for Demolition of a Pre-1946 Structure for 12125 80th Street North (Case No. CD2023-04) Resolution 2023‐177, Resolution Approving a Preliminary and Final Plat for Zaspel Ridge Addition Resolution 2023‐178, Amending Resolutions 2023-076 and 2023-077 Ordinance No. 1208, An Ordinance Amending Chapter 31, Article 3 Section 31-311 of the City Code of the City of Stillwater Regarding Cove Townhouse Residential Zoning (Case No. 2023-04) Ordinance No. 1209, An Ordinance Amending Chapter 31, Article 3 Section 31-303 of the City Code of the City of Stillwater Regarding Lakeshore Residential Zoning (Case No. 2023-48)