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HomeMy WebLinkAbout2017-11-07 CC MIN Sti1 lvvate.r 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota J www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES November 7,2017 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:35 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Engineering Administrative Assistant Wolf OTHER BUSINESS Washington County - Upcoming Browns Creek Trail connection and 5-year County CIP Update Wayne Sandberg, Washington County Deputy Public Works Director, introduced himself and Washington County Commissioner Gary Kriesel. Mr. Sandberg explained Washington County's 5-year Capital Improvement Plan 2018-2022, which includes $300 million of investment in infrastructure. He stated that the public hearing is scheduled for December 12. Possible approval of proposal for Architectural Services for St. Croix Valley Recreation Center Doug Brady, Facility Manager for the St. Croix Valley Recreation Center, requested preliminary approval to negotiate a contract with the architectural firm selected by the review committee for the remodeling and expansion project. He reviewed the RFP and selection process and informed the Council that a resolution and contract will be brought to the Council for final approval on November 21, 2017. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to authorize staff to negotiate a draft contract with HDR, Inc. for the St. Croix Valley Recreation Center remodeling and expansion project. All in favor. STAFF REPORTS Police Chief Gannaway informed the Council that the new Police Department lobby is open and there will be an open house Monday,November 20. Fire Chief Glaser stated the Department received the new fire engine last week. Community Development Director Turnblad told the Council the comment period for the draft Downtown Plan has closed and the final plan will be ready for adoption shortly. City Council Meeting November 7, 2017 City Attorney Magnuson stated that tomorrow there will be a closing on the parcel for the parking lot related to The Crosby Hotel, which will net$82,800 for the City. City Administrator McCarty reminded the Council of the November 29 regional meeting of the League of Minnesota Cities and Metro Cities. Mayor Kozlowski recessed the meeting at 5:06 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:01 p.m. Present: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Absent: Councilmember Weidner Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Engineering Administrative Assistant Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of October 17, 2017 regular meeting minutes Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the October 17, 2017 regular meeting minutes. All in favor. PETITIONS,INDIVIDUALS, DELEGATIONS & COMMENDATIONS Badge Presentation/Oaths to Police Officers -Nolan Cornell, Laura McBroom, James Carter Police Chief Gannaway gave the Oath to Officers Cornell, McBroom and Carter. Their families pinned on their badges. Community Solar Gardens in Stillwater area- David Haeg, SolarMatch David Haeg,SolarMatch, explained how Xcel customers may join Community Solar Gardens and save 10-20% on their bills while supporting local renewable energy in their community. He demonstrated the web site MySolarMatch.com. City Administrator McCarty added that the City's participation in solar gardens will probably save $7-8,000 a year, which is equivalent to about 10% of the City's energy usage. Introduction of Major Eric Lewanski, Stillwater National Guard Readiness Center Major Eric Lewanski, Officer in Charge of the Stillwater Armory, introduced himself. He stated that the new Armory has 22 full time employees, and up to 400 soldiers on a drill weekend. Their goal is to become more engaged with Beyond the Yellow Ribbon group and other service organizations in the community. Page 2 of 8 City Council Meeting November 7, 2017 OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2017-213, Directing the Payment of Bills Resolution 2017-214,Approving Minnesota Premises Permit for lawful gambling for Eagles 94, located at 14200 60th St.N, Stillwater, Minnesota Possible approval of Public Works Salt Shed Outside Storage (Shed Roof) Resolution 2017-215,resolution granting license to Stillwater Trolley for the operation of Trolley Tours on City Streets Resolution 2017-216, accepting work and ordering final payment for 2015 street improvement project(Project 2015-02) Resolution 2017-217, authorizing the preparation for and conducting of a sale of real estate Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Nays: None PUBLIC HEARINGS Case No. 2017-43. A public hearing to consider a request by Happy Bridge, LLC, property owner and Scott and Luke Sodergren, applicants, for the Consideration of a Zoning Text Amendment to allow a cigar shop and sampling room in the Central Business District Community Development Director Turnblad reviewed the request. Scott and Luke Sodergren have applied for a Zoning Text Amendment(ZAT)to allow tobacco sales in the downtown zoning district. The applicants propose that the following wording would be added: "Tobacconist means any tobacco retailer engaged in receiving tobacco premium cigars, and accessories for retail sale at a retail outlet where seventy (70) percent or more the total sales/revenue are generated from premium cigars, pipe tobacco and tobacco-related accessories, excluding cigarettes. Said outlet must operate a walk-in, on-site humidor." Mr. Turnblad stated that the Planning Commission forwarded a recommendation of conditional approval because they would like to allow the tobacco shop by Conditional Use Permit (CUP), rather than being outright permitted. If the Zoning Text Amendment were approved, the applicants would then proceed with the opening of a cigar shop at 209 Main Street North. Staff recommends approval of the Ordinance with the following amendments: 1. alteration of the proposed Section 31-325, Allowable Uses in Non- Residential Districts,by indicating: Tobacconist operation; 2. an additional condition of approval that Section 41-2,Licensing of tobacco sales,possession and use by minors,Subd. 11,be amended by adding Subpart(8)to read: "(8) Indoor sampling. It is a violation of this section for any retail tobacco shop, specialty tobacco products shop, or any tobacconist operation proprietor to allow for tobacco sampling or the use of a tobacco related device indoors."Mr. Turnblad explained that staff's recommendation to add a prohibition on sampling is in consideration of public health and staying within the precepts of the clean indoor air act. Mayor Kozlowski opened the public hearing. Page 3 of 8 City Council Meeting November 7, 2017 Luke Sodergren explained the proposal. He has begun acquiring the company from his father, Scott Sodergren whose cigar shop in Osceola, Wisconsin has done well. They want to open a destination type venue with a sampling room and large walk in humidor. They understand the clean air act and plan to have the sampling room quarantined off so the smoke does not reach the retail space. There will be two air scrubbers to turn over the air and a ventilation system pulling out the scrubbed air. They will be leasing the building. Councilmember Junker commented that he visited the cigar shop in Hudson and observed the interior as well as the sidewalk outside and the entire block smelled heavily of cigar smoke. He asked if the sampling room is not approved, would the applicants still move forward and open their shop;and Luke Sodergren replied most likely,no.Cigar shops throughout Minnesota usually have a sampling room because customers want to sample the cigars before purchasing them. They understand the historic value of the downtown buildings and intend for all air pulled out of the shop to be clean. Scott Sodergren added that the shop in Osceola does not have a sampling room because Wisconsin law prohibits it for businesses opened after 2009. He stated the Hudson cigar shop mentioned by Councilmember Junker does not have air scrubbers and allows smoking in the lobby, which he and his son will not allow. Councilmember Polehna stated he does not have a problem with the sale of cigars, but is concerned about pumping the smoke out onto the street. Councilmember Menikheim commented that he loves the smell of cigars, but he cannot approve of a sampling room because of the fire risk, noting that many smokers are not careful with their smoking habits. Mayor Kozlowski suggested the Council could add conditions and standards if the CUP is approved. Mr. Turnblad confirmed that the Council could add conditions such as requiring the space to be sprinklered and the air that leaves the building to be cleaned according to a certain standard. Mayor Kozlowski closed the public hearing. Mayor Kozlowski stated he does not have problem with the use, if the Council can figure out performance standards. He feels it would be worse to allow tobacconists and not allow them a sampling room because that would encourage customers to sample the products outside on the sidewalk versus indoors. Scott Sodergren pointed out that in Osceola, sometimes customers smoke outside the shop, but typically they do not. They usually are purchasing cigars for special occasions, not for smoking out on the street. Mayor Kozlowski asked if staff can figure out performance standards that would provide assurance that the air going outside would be safe; and Community Development Director Turnblad responded that staff will look for data, perhaps from other states. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to table first reading of an ordinance introducing a Zoning Text Amendment allowing cigar shops and sampling rooms in the Central Business District,to the next meeting to research air cleaners and performance standards. Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Nays: None Page 4 of 8 City Council Meeting November 7, 2017 Case No. 2017-48. A public hearing to consider a request by Anne Stanfield of Ecumen and Our Savior's Lutheran Church for the Consideration of a Final PUD, Preliminary Plat, Final Plat and Special Use Permit for a senior living housing facility to be located at 114 Brick Street South, and 1616 Olive Street West Community Development Director Turnblad stated that Anne Stanfield, representing Ecumen, and Pastor Dale Stiles, representing Our Savior's Lutheran Church (OSLC), have submitted an application to develop a 15.01 acre site located at 114 Brick Street South and 1616 Olive Street West. The project will be developed in two phases: 1)Ecumen Stillwater, a 145-unit senior living building; construction of all parking, drive and pedestrian improvements for the two PUD uses; construction of all stormwater facilities;and 2)a future Our Savior's Lutheran Church expansion. Mr. Turnblad explained that, as a condition of concept plan approval, the developer has dropped some units on the end, so there are essentially two floors rising to three floors as the building moves further away from the neighbors. He reviewed parking, traffic, density and height issues. Parking needs will be met on site.A study by SRF traffic consultants concluded that at full build- out, none of the intersections or road segments in the area will be reduced below a satisfactory level. The project meets current density standards and height restrictions for this district. The Planning Commission recommended approval with three conditions. The Parks Commission recommended a fee in lieu of improvements because the Comprehensive Plan does not call for parks on the property.The revised Concept PUD,Preliminary Plat,signage plan,SUP,Final PUD, Final Plat are in general conformance with the Zoning Code, the Comprehensive Plan, and the Subdivision regulations of the City. Anne Stanfield, Ecumen, explained the revisions made in response to comments from neighbors: they lowered the wings on the west side from three stories to two stories, revised the color pallet, and added trees to provide more screening on the west property line and Brick Street. She added that all trash will be stored in trash rooms in the garage of the building and hauled out once a week to the trash pickup area which is off Brick Street. Deliveries will be made via the underground garage. A lighting study was done that indicated none of the proposed lighting is directed toward the adjacent residences. Mindy Michael, Kaas Wilson Architects, presented graphics showing the reduced height on the west end of the building. Mayor Kozlowski opened the public hearing. Our Savior's Lutheran Pastor Dale Stiles told Councilmembers that the church membership has been enthused about this project since 2015, and they feel that Ecumen will make a very good neighbor. Mayor Kozlowski closed the public hearing. Councilmember Junker thanked the developer for making the slight adjustments in height on western side and adding more landscaping. Councilmember Menikheim acknowledged the neighbors' input. He hopes that after the building is operational,it will be incorporated into the neighborhood in a similar way to the ECFE building, which drew strong neighborhood concerns when it was proposed some years ago. Councilmember Polehna complimented the developers on the revisions, but stated he is still concerned about traffic issues on Brick Street. He also noted that the right-of-way on Brick Street from Ramsey to Myrtle Street is 60 feet, but from Ramsey to Olive is 50 feet. He would not want Page 5 of 8 City Council Meeting November 7, 2017 to see a building come and take away the parking for residents along that street. He suggested the right-of-way be widened to be consistent. Mayor Kozlowski asked if the City was going to require a payment in lieu of taxes, as was done for The Lakes;and Community Development Director Turnblad stated this has not been discussed with the developer. City Attorney Magnuson explained that The Lakes is a for-profit,but its development agreement includes a clause that obligates them to pay the City portion of property taxes, should they ever become an entity that does not pay real estate taxes. Mayor Kozlowski stated that Ecumen has a stellar reputation and there is a need for this type of housing. Nevertheless, he has concerns about how this development fits the neighborhood and about traffic at the Brick and Olive intersections. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2017-218, a resolution approving preliminary plat for Ecumen Stillwater/Our Savior's Lutheran Church, Case No. 2017-48; Resolution 2017-219, a resolution approving final plat for Ecumen Stillwater/Our Savior's Lutheran Church, Case No. 2017-48; and Resolution 2017-220, a resolution approving a final Planned Unit Development and Special Use Permit for Ecumen Stillwater/Our Savior's Lutheran Church, Case No. 2017-48, with conditions recommended by staff and adding the conditions: Our Savior's Lutheran Church shall dedicate 10 feet of right-of-way on Brick Street; and the developer shall make a payment in lieu of real estate taxes. Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Nays: None UNFINISHED BUSINESS Possible approval of Marine Circle Lift Station Project Bid Award, Project 2017-07 Public Works Director Sanders explained that bids were opened for the Marine Circle Lift Station Project with Minger Construction Co. Inc.of Jordan,Minnesota having the low bid.The total cost of this project is $234,019, which includes $20,000 for engineering. Staff recommends that the Council accept the bid and award the contract to Minger Construction Co. Inc. for $177,250.00 for the Marine Circle Lift Station Project and approve the purchase of the control panel from TPC in the amount of$36,769.00. Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2017- 221, accepting bid and awarding contract for Marine Circle Lift Station Project(Project 2017-07). Ayes: Councilmembers Menikheim, Dunker, Polehna, and Mayor Kozlowski Nays: None Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2017- 222, authorizing purchase of control panel for the Marine Circle Lift Station Project (Project 2017- 07). Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Nays: None Page 6 of 8 City Council Meeting November 7, 2017 NEW BUSINESS Possible approval of resolution authorizing the call of the Outstanding General Obligation Sports Center Refunding Bonds, Series 2005C City Administrator McCarty stated that by paying off these bonds early, the City saved debt service costs. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2017-223, resolution authorizing the call of the Outstanding General Obligation Sports Center Refunding Bonds, Series 2005C. Ayes: Councilmembers Menikheim, Junker, Polehna, and Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS Mayor Kozlowski provided a letter from a resident suggesting that Stillwater erect a sign indicating that the noise ordinance is enforced, similar to a sign seen in White Bear Lake. Public Works Director Sanders stated the City would have to get permission from the State to allow such a sign on state right-of-way. Police Chief Gannaway stated he would ask the chief in White Bear Lake if the sign has helped with motorcycle noise. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim,to adjourn the meeting at 9:01 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: 2 , ./-).., iii,, Thomas McCarty, Acti/City Clerk Resolution 2017-213,Directing the Payment of Bills Resolution 2017-214,Approving Minnesota Premises Permit for lawful gambling for Eagles 94, located at 14200 60th St.N, Stillwater, Minnesota Resolution 2017-215,resolution granting license to Stillwater Trolley for the operation of Trolley Tours on City Streets Resolution 2017-216,accepting work and ordering final payment for 2015 street improvement project(Project 2015-02) Resolution 2017-217, authorizing the preparation for and conducting of a sale of real estate Resolution 2017-218, a resolution approving preliminary plat for Ecumen Stillwater/Our Savior's Lutheran Church, Case No. 2017-48 Page 7 of 8 City Council Meeting November 7, 2017 Resolution 2017-219,a resolution approving final plat for Ecumen Stillwater/Our Savior's Lutheran Church, Case No. 2017-48 Resolution 2017-220, a resolution approving a final Planned Unit Development and Special Use Permit for Ecumen Stillwater/Our Savior's Lutheran Church, Case No. 2017-48 Resolution 2017-221, accepting bid and awarding contract for Marine Circle Lift Station Project(Project 2017-07) Resolution 2017-222, authorizing purchase of control panel for the Marine Circle Lift Station Project(Project 2017-07) Resolution 2017-223,resolution authorizing the call of the Outstanding General Obligation Sports Center Refunding Bonds, Series 2005C Page 8 of 8