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CITY COUNCIL MEETING MINUTES
April 1, 2014
REGULAR MEETING
Mayor Harycki called the meeting to order at 4:35 p.m.
4:30 P.M.
Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki
Staff present: City Administrator Hansen
City Attorney Magnuson
Police Chief Gannaway
Fire Chief Glaser
Community Development Director Turnblad
Public Works Director Sanders
City Clerk Ward
OTHER BUSINESS
There was no other business.
STAFF REPORTS
Fire Chief Glaser presented the 2013 Fire Department Annual Report, detailing the Department's
activities for the past year. The Fire Department serves a 61 -square mile total response area and
responded to a total of 1,701 calls for service in 2013.
Community Development Director Turnblad informed the Council that the Chamber submitted
its annual permit request for the Spring Art Fair for the first weekend in June. It has previously
been held the third weekend in May. In a letter to the Council, a number of downtown business
owners urged the Council to deny the permit and encourage the Chamber to keep the long standing
festival date in May.
Jerry Helmberger, 303 Fourth Street North, expressed opposition for the date change. He feels
business owners do not need more events during the peak season, they need more "shoulder"
events at the beginning and end of the season. He feels the issue should have been addressed
earlier by the Chamber; businesses did not receive any advance notification of the requested date
change.
Councilmember Menikheim stated the issue should be resolved between the businesses and the
Chamber and perhaps the City's new event coordinator.
Aimee Pelletier, owner of Darn It Anyway and member of the IBA, commented if the new date
had been determined five months ago, the Chamber could have notified business owners.
Councilmember Kozlowski noted he heard about the date change in February. He questioned why
it is coming up now, just prior to the event, if the CVB knew about it in February.
City Clerk Ward stated the City received the permit application 60 days before the event.
City Council Meeting
April 1, 2014
Councilmember Weidner remarked that to cancel the event now seems punitive. If the new date
is approved, he does not view it as a permanent change. He appreciates the business owners'
concerns, but believes it was a good faith mistake.
Councilmember Kozlowski agreed with Councilmember Weidner that the Art Fair should not be
denied, but he would like to see better scheduling and communication.
Councilmember Polehna stated the Chamber should have come to the Council in November
before automatically putting the new June dates in the visitor guide. He does not like the fact that
the Council is being put in the situation of being mediators.
There was a consensus of the Council that the June date for the Art Fair should have had better
planning and scheduling, but they would allow it for 2014 only with the Chamber working with
the City and Downtown Businesses prior to setting a date for the Air Fair in 2015.
Public Works Director Sanders informed the Council that on April 16, Mn/DOT and the Coast
Guard will have a public meeting to discuss proposed lift bridge schedule changes. He also stated
that a request was received from Washington County to tie into the City's sewer system in the
Oak Glen area to expand the County public works building. There would be no cost to the City.
He provided a flood update, saying that the weather service predicts a 65% chance of the river
reaching the 687 foot flood stage by the second week of April. He updated the Council on
conversations with the DNR regarding Rotary clubs building a fishing pier at McKusick Lake at
no cost to the City, via a grant.
City Attorney Magnuson reported on legislation re -instituting DNR certification for variance
requests.
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to take a position not
to support the legislation, and directed the City Administrator to prepare a letter. Motion passed 4-1,
Councilmember Kozlowski voting nay.
ADJOURNMENT
Mayor Harycki recessed the meeting at 5:31 p.m.
RECESSED MEETING
7:00 P.M.
Mayor Harycki called the meeting to order at 7:05 p.m.
Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki
Staff present: City Administrator Hansen
City Attorney Magnuson
Police Chief Gannaway
Fire Chief Glaser
Community Development Director Turnblad
Public Works Director Sanders
City Clerk Ward
PLEDGE OF ALLEGIANCE
Mayor Harycki led the Council and audience in the Pledge of Allegiance.
Page 2 of 6
City Council Meeting
APPROVAL OF MINUTES
April 1, 2014
Possible approval of March 18, 2014 regular meeting minutes
Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to approve the
March 18, 2014 regular meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Proclamation: Stillwater High School Boys Hockey Team
Mayor Harycki congratulated the Stillwater High School Boys Hockey Team for clinching it's
first-ever Class 4AA State tournament. He read a Proclamation designating April 1, 2014 as
Stillwater High School Boys Hockey Team Day.
Senator Karin Housley congratulated the team and read a Senate Resolution congratulating the
team for winning the Class AA Section 4 State Championship and going to the State Tournament
for the first time in 59 years.
OPEN FORUM
There were no public comments.
CONSENT AGENDA
Resolution 2014-048, directing payment of bills
Resolution 2014-049, approval of professional services contract for Trail Plan
Resolution 2014-050, approval of event coordinator contract with Angela Mens -Eastman
Resolution 2014-051, approval of 2014 Summer Tuesdays Special Event and Contract
Resolution 2014-052, approval of lease contract with Neopost Great Plains District
Resolution 2014-053, approval of abatement of certain special assessments
Possible approval to purchase mower — Public Works
Resolution 2014-054, approval of vehicle lease with Enterprise — Fire Department
Resolution 2014-055, declaring state of emergency
Resolution 2014-056, approving fire protection contract with the Town of May
Councilmember Kozlowski requested that Resolution 2014-051, approval of 2014 Summer
Tuesdays Special Event and Contract, be pulled from the Consent Agenda.
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt the Consent
Agenda as amended.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
Corey Buettner told the Council he is looking forward to Summer Tuesdays especially with the
addition of the amphitheater and restrooms. Boaters will now be able to see the movie screen.
Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to adopt Resolution
2014-051, approval of 2014 Summer Tuesdays Special Event and Contract.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
Page 3 of 6
City Council Meeting
PUBLIC HEARINGS
April 1, 2014
Case No. SUP/2014-7. A public hearing to consider a Special Use Permit and Variance request for
an addition to the existing Hotel Facility, creating a new primary entrance located at 101 Water Street
South
Community Development Director Turnblad reviewed the request that St. Croix Preservation Co.,
Inc. is planning to build a 20 -room addition onto the north side of the Water Street Inn. The
applicant is requesting a Special Use Permit amendment, a height variance for the tower, and the
relocation of Myrtle Street's south curb line eight feet to the north. The Planning Commission
recommended approval of the Special Use Permit amendments, the height variance and the Myrtle
Street setback variance. Staff recommends leaving the curb line where it is to keep the road width
of 28 feet. The applicant is willing to work with staff and their consulting designer to come up
with a compromise allowing the street to remain as wide as possible. Staff recommends approval
of the Special Use Permit amendments and the height variance, and suggests the Council table the
Myrtle Street curb line variance.
City Attorney Magnuson referred to a memo in the staff report addressing the legalities of
common law dedication related to Myrtle Street.
Mayor Harycki opened the public hearing.
Chuck Dougherty, applicant, stated the project will complete the face of the hotel and be a focal
point for downtown.
Roger Tomten, architect with Archnet, reviewed the history of the proposal and the former Union
Depot which originally occupied the site. The lower level of the addition will be lobby, offices
and rental space. The existing lobby will be transitioned into a large dining room. The existing
dining area will become break-out rooms for banquets and conferences. The second and third
floor of the addition will be hotel rooms and the fourth floor will be an outdoor patio. He feels
that the tower will bring back an historic element and enhance the view -shed down to the river. It
will not contain a billboard or a sign.
Councilmember Weidner expressed concern about balconies that may extend over the street.
Mayor Harycki stated he likes the idea of bringing back the historic element of the clock tower,
but shares Councilmember Weidner's concern about possible impacts of balconies on the view -
shed.
Councilmember Polehna asked about guest drop-off space, and Mr. Dougherty stated a button in
the parking lot rings the front desk staff, who then open the gate for registered guests. Usually the
gate is not down unless the hotel is full.
Councilmember Weidner stated he likes the design, but opposes the movement of the Myrtle
Street curb line.
Councilmember Polehna asked where trash containers will be located, and Mr. Dougherty
responded there is a garage area for dumpsters to be moved to. He also is in discussions with the
gas station owner about a common dumpster location on his property.
Councilmember Weidner pointed out that the hardship justification for the variance is financial -
the inability to increase to the number of guest rooms that will make the project economically
feasible without the variance. He does not believe this is incentive enough to grant the variance.
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City Council Meeting
April 1, 2014
Community Development Director Turnblad noted that the number of parking spaces needed for
the addition is being worked out with the Parking Commission. The Water Street Inn will be asked
to purchase the required number of monthly parking permits for the City ramp.
Councilmember Kozlowski commented that he likes the design of the project. He anticipates
questions from residents about the noise from the rooftop patio, and Mr. Dougherty stated he is
willing to abide by the normal 10:00 p.m. closing time enforced for rooftop decks.
Mayor Harycki commented that he is comfortable approving the Special Use Permit amendment
and the height variance, but would like to table the Myrtle Street issue to see what compromise
can be reached.
Councilmember Weidner asked how to guarantee the addition will be built as proposed. He
referred to ten elements of a prior design that were not met, per a memo from City Attorney
Magnuson. Mr. Dougherty noted when the hotel was built, he was one of three partners on the
project. The original design was amended, but it was not what he wanted to build. He believes the
City has tighter controls on what is built downtown than it did in 1994.
City Attorney Magnuson responded that perhaps an escrow deposit could be required as the City
considers how the commitment can be monitored.
Community Development Director Turnblad recommended the Council consider granting
conceptual approval for the Special Use Permit amendments and height variance so that staff can
bring back a resolution that memorializes the concerns indicated.
Councilmember Polehna stated he has questions about the City's air rights in relation to buildings.
Mr. Tomten replied that a unique thing about the site is that not all the sidewalk is public sidewalk.
City Attorney Magnuson pointed out there was a case in St. Paul where a building had to be torn
down because of the City's air rights over public space.
Mike Robinson, 801 West Pine Street, expressed concerns about the handling of the trash, the 68 -
space deficit of parking spots, the height of the tower and moving the building further into Myrtle
Street. He added that Myrtle Street will be the only avenue for bicycles to get to Sam Bloomer
Way, which will be the only roadway along the riverfront.
Mayor Harycki closed the public hearing.
Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to grant conceptual
approval of the Special Use Permit amendments and the tower height variance, with conditions
recommended by the Planning Commission, with a formal resolution to be brought back to the
Council for action.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
UNFINISHED BUSINESS
Possible approval of Interim Ordinance 1064 an interim ordinance temporarily establishing a
licensing and planning moratorium on tobacco products shops and directing that studies of official
controls related thereto be conducted
City Attorney Magnuson suggested that the interim ordinance be amended to add "and pending
license holders," exempting them from the moratorium as well.
Page 5 of 6
City Council Meeting
April 1, 2014
Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to hold the second
reading of Interim Ordinance 1064 as amended.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
NEW BUSINESS
Discussion on Stillwater Barge Terminal - Park Plan Update Proposals
Community Development Director Turnblad reviewed the proposals received for a Master Plan
for the barge terminal property and a municipal dock. Funds have not been budgeted for this in
2014.
Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to borrow funds
from the 2015 budget for the Master Plan including a boat dock, with a contract to be brought back
to the Council for approval.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
COUNCIL REQUEST ITEMS
Councilmember Menikheim requested an update from health department officials on the
swimming beach at Lily Lake.
ADJOURNMENT
Motion by Councilmember Polehna, seconded by Councilmember Kozlow��a ourn the meeting
at 8:48 p.m. All in favor.
Ken Hpfypkll, Mayor
ATTEST:
Diane F. Ward, City Clerk
Resolution 2014-048, directing payment of bills
Resolution 2014-049, approval of professional services contract for Trail Plan
Resolution 2014-050, approval of event coordinator contract with Angela Mens -Eastman
Resolution 2014-051, approval of 2014 Summer Tuesdays Special Event and Contract
Resolution 2014-052, approval of lease contract with Neopost Great Plains District
Resolution 2014-053, approval of abatement of certain special assessments
Resolution 2014-054, approval of vehicle lease with Enterprise — Fire Department
Resolution 2014-055, declaring state of emergency
Resolution 2014-056, approving fire protection contract with the Town of May
Interim Ordinance 1064, an interim ordinance temporarily establishing a licensing and
planning moratorium on tobacco products shops and directing that studies of official
controls related thereto be conducted
Page 6 of 6