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HomeMy WebLinkAbout2018-05-15 CC MIN iIIvvater 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace ofMinnesota www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES May 15, 2018 SPECIAL MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:37 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson City Clerk Ward OTHER BUSINESS Discussion on possible updates of various chapters to the City Code: a. Chapter 30 — Garbage & Rubbish; and b. Chapter 22—City Administration City Clerk Ward initiated discussion of three questions regarding updating Chapter 30, Garbage & Trash: does the City want mandatory recycling in the commercial areas; does the City want to license haulers;and should owners of rental property be required to put garbage bills in their name rather than the renter's name. Councilmember Weidner suggested having a five year license rather than a one-year license for haulers. Susan Young, Lead Environmental Scientist with Foth Infrastructure&Environment, LLC and a consultant for the Washington County Department of Public Health & Environment, recommended a yearly license because it allows the City to better ensure that haulers have a bond and insurance. She also strongly recommended that the City license roll-off haulers because the County does not license them. She explained that the State and County rely on the cities to enforce solid waste state laws. Councilmember Junker stated he would like to see the City license commercial garbage haulers. He pointed out that Union Alley is filled with unsightly garbage containers. Councilmember Polehna added that grease containers downtown are a problem; they too should be addressed in the code. Council consensus was that owners of rental property should be required to put garbage bills in their name rather than the renter's name. The issue of mandatory recycling for commercial areas will be addressed at a later time. Staff agreed to bring back first reading of an updated ordinance reflecting the discussion. City Administrator McCarty explained the redline version of Chapter 22 - City Administration. He recognized that the appointment or reappointment process for Boards and Commissions needs to be refined. At present, if an incumbent wants to be reappointed,other candidates may never get acknowledgement or even have the opportunity to be interviewed. Councilmember Menikheim questioned the wisdom of eliminating term limits because it deprives citizens of the opportunity to serve.City Clerk Ward stated that term limits were in place but they were not enforced. City Council Meeting May 15, 2018 Mayor Kozlowski pointed out that the problem with term limits is that there were certain commissions which never attracted applicants, while others like Planning attract a lot of applicants. Mr. McCarty acknowledged that some commissions that hold more attraction for community members than others. Staff is looking at more ways to get the message out about vacancies on the commissions and boards. Councilmember Weidner stated if somebody is willing to give their time,energy and expertise on a commission, they should be allowed to do it for as long as they are willing. He would oppose turning people over just because of term limits. Mayor Kozlowski stated if every end of term were treated as a vacancy, it would put incumbents in line with new candidates and result in appointment of the best candidate for the position. He feels incumbents should be considered as new applicants. Councilmember Polehna suggested commission candidates should be interviewed by two councilmembers, not the Commission Chair. Mayor Kozlowski suggested narrowing the field down before the interviews if there are several candidates. Councilmember Weidner countered that the Commission Chair's participation is important because it is knowledge based. Councilmember Junker suggested if the Chair is up for appointment, they should not be involved, but otherwise, the Chair could bring valuable information to the process.Councilmember Polehna added that he would like a standard interview format and questions for each commission. Councilmember Menikheim asked if it is the right time to bring up the Council vote on a Commission. City Clerk Ward reminded the Council that Planning is the only commission where eventually the Council liaison will vote.Mayor Kozlowski added that this is because the decisions of other commissions are considered advisory, but the Planning Commission makes some decisions that never go to the Council. Councilmember Menikheim stated he feels a Council liaison can be engaged without voting. A vote is a way to exert influence. Councilmember Weidner stated he did not feel welcome to participate at Planning Commission meetings when he was the liaison. City Clerk Ward offered to bring back different verbiage on this topic. City Administrator McCarty discussed other elements in Chapter 22 where language needs to be cleaned up. He will bring back another draft for review. Human Rights Commission Request—Youth Handbook&Application City Clerk Ward stated that the Human Rights Commission(HRC)has requested that the Council consider allowing a student representative on the Commission.The HRC has reviewed,approved, and recommends the handbook and application be approved by the Council. Councilmember Menikheim stated being on the HRC would be a big responsibility for a 9th or 10th grader. He would rather have it be 11th or 12th graders. Councilmember Polehna stated in that case, youth representatives may not be on the HRC more than one year. Mayor Kozlowski stated he knows some 9th and 10th graders who are a lot more responsible than some of the older kids. Councilmember Weidner agreed with Councilmember Menikheim, saying 9th grade is pretty young. Councilmember Menikheim suggested making the attendance standard 75%not 50%. Page 2 of 9 City Council Meeting May 15, 2018 City Clerk Ward stated she will change the attendance standard to 75% and schedule a first reading. Mr. McCarty stated he will send the refined version back to the school district again to request input. Discussion on draft of City Council/Boards/Commissions Handbook City Clerk Ward presented for Council review the Council & Board/Commission Handbook. Councilmembers commended staff on the handbook. Ms. Ward stated she will bring the Handbook back to the Council for formal approval in June. Mayor Kozlowski recessed the meeting at 6:05 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:05 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Community Development Director Turnblad City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of the April 27, 2018 closed meeting and May 1, 2018 regular,recessed and closed meeting Motion by Councilmember Junker, seconded by Councilmember Menikheim,to approve the minutes of the April 27, 2018 closed meeting and the May 1, 2018 regular, recessed and closed meeting. All in favor. PETITIONS,INDIVIDUALS,DELEGATIONS & COMMENDATIONS Presentation of Heritage Preservation Awards - Brian Larson Brian Larson, Chairman of the Heritage Preservation Commission (HPC), reviewed the work of the Commission in the past year. He presented the 2017 HPC Awards: Residential Rescue, 816 4th Street South and 404 Owens Street North; Storefront Reconstruction, 227 Main Street South; Professional Contributions to Stillwater Preservation Efforts, Brad Smith, Traditional Construction Services, Carol and Tom Billig, and George Siegfried Construction. OPEN FORUM There were no public comments. Page 3 of 9 City Council Meeting May 15, 2018 STAFF REPORTS Police Chief Gannaway noted that this week is National Police Week and that nationwide, 135 law enforcement officers were killed in the line of duty last year. City Clerk Ward remarked that Councilmembers Weidner and Polehna went to Washington DC taking a message of Minnesota cities to Capitol Hill, which was documented in MN Cities Magazine. Community Development Director Turnblad reported that Architectural Digest included 15 hotels throughout the world to be opened this year and one was the Lora. Public Works Director Sanders informed the Council that river levels have dropped so staff will work on Lowell Park restoration and removing the berm. He will be meeting with Ice Castles representatives to discuss their restoration efforts. Washington County will work on County Road 5 at the end of May and some shifting of lanes will occur for the next three months. Main Street near Maple Island will be closed May 21-22 to do utility connections for the Crosby Hotel. South Main Street from the Oasis Cafe to Sunnyside will be closed May 29 so MnDOT crews can work on Hwy 95. City Administrator McCarty provided legislative updates on the City request for state bonding funds for the St. Croix riverbank restoration and walkway project. He reminded the Council of the League of Minnesota Cities Annual Conference June 20-22 in St. Cloud, MN. CONSENT AGENDA Resolution 2018-103, directing payment of bills Resolution 2018-104,Approval of cooperative agreement between the City of Oak Park Heights,the City of Stillwater and Washington County for Maintenance of the Traffic Control Signal System at the intersection of County State Aid Highway (CSAH) 24 (Osgood Avenue) and County Road (CR) 62 and 62nd Street North Resolution 2018-105, approving the transfer of an On-sale, Sunday and Off-sale Liquor Licenses to the Elevage Hotel Group, LLC, DBA: Lora/Feller/The Long Goodbye/MADE Resolution 2018-106, approving the transfer of an On-sale and Sunday Liquor Licenses to the Two Brians LLC, DBA: Brine's Resolution 2018-107, approving business name (DBA/Trade Name) change of Stillwater Liquors to Cellars Wine & Spirits Possible approval of retail fireworks permit—Cub Foods Possible approval of retail fireworks permit—Dollar Tree Possible approval of retail fireworks permit—Target Resolution 2018-108,reappointment of George Vania to the Board of Water Commissioners Resolution 2018-109, Appointing member to Human Rights Commission Resolution 2018-110, appointing member to Joint Cable Commission Resolution 2018-111,resolution requesting additional time to complete Comprehensive Plan "Decennial"review obligations Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Page 4 of 9 City Council Meeting May 15, 2018 PUBLIC HEARINGS Case 2018-25. A public hearing to consider a request by Our Savior's Lutheran Church, property owner and Anne Stanfield representing Ecumen, applicant, for the consideration of a minor amendment to the previously granted PUD and SUP for the property located at 1616 Olive Street West and 114 Brick Street in the RA district Community Development Director Turnblad reminded the Council that on November 7, 2017, the City Council approved the Preliminary and Final Plats, the Final Planned Unit Development (PUD)and the Special Use Permit(SUP) for the Ecumen senior care living facility for 145 units. Now the Goodman Group has begun construction of their senior care living facility just west of the Ecumen site,offering options that are essentially the same as proposed by Ecumen.In an effort to be complementary rather than directly competitive to this project,Ecumen would like to amend its project plans, removing acute assisted living and memory care units. Ecumen will retain independent living units, which will be cooperative owner occupied senior housing with health and wellness services, developed under Ecumen's wholly owned subsidiary OneTwoOne Development. Ecumen will retain ongoing management of the building. The commercial kitchen has been eliminated and setbacks to the neighborhood have been increased. Ecumen is requesting the Council approve amendments to the SUP and Final PUD (Resolution No. 2017-220) which would reduce the total number of senior units to 60,all of which would be independent living and cooperatively owned. Staff recommends approval with 14 conditions. Mayor Kozlowski opened the public hearing. Anne Stanfield,applicant for Ecumen,stated the revised project will preserve more views on Deer Path for the neighbors, create more green space on the site,place the building further away from the wetland buffer and generate less traffic. She added that the congregation at Our Savior's Lutheran Church has voted to support the revised project.A neighborhood meeting was held with some of the adjacent homeowners, whom she stated were pleased to see the revisions. Councilmember Junker asked if Ecumen has future plans to expand. Ms. Stanfield answered no. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2018-112, a resolution amending the final planned unit development and special use permit for a project known as Ecumen Stillwater(Case No. 2018-25). Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker and Polehna Nays: None Abstain: Councilmember Weidner A public hearing with respect to granting host approval to the issuance of revenue obligations to finance a multifamily housing development located in the City of Stillwater, in accordance with the provisions of Minnesota Statutes, Chapter 462c, as amended; and approving a housing program for the multifamily housing development John Utley,attorney with Kennedy and Graven,addressed financing for a 139 unit senior housing complex proposed at 107 Bridgewater Way by Intergenerational Living&Healthcare. The bonds allow a federal tax exemption to be passed along to the developer giving them a lower interest rate. This type of bond can have a negative impact on a city if the city is planning to issue general obligation bonds in the same year, which is the case in Stillwater. Rather than impose on the City of Stillwater, at the developer's request, another city was approached to see if they would agree Page 5 of 9 City Council Meeting May 15, 2018 to issue these bonds. The City of Bethel was selected.A public hearing followed by an approving resolution is required. If the resolution is adopted, the City does not have any obligations with respect to payment of principal or interest on any of the debt. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2018-113, approving the issuance by the City of Bethel of revenue bonds under Minnesota Statutes, Chapter 462c, as amended,to finance the costs of a senior housing development to be constructed in the City of Stillwater to be owned and operated by the Lodge at Stillwater,LLC; approving a housing program with respect thereto; and taking certain other actions. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None UNFINISHED BUSINESS Possible approval of contracts for St. Croix Valley Recreation Center project Doug Brady, Facilities Manager for the St. Croix Valley Recreation Center, provided contracts for the replacement of the fieldhouse. The first contract is from Field Turf regarding the construction of the existing dome. The second contract is from Loucks Land Surveying and Engineering Services regarding the boundary and topographic survey and pond analysis. He requested the Council approve the contracts. Councilmember Polehna stated the contracts were bid out via a federal consortium, eliminating staff having to do the bidding themselves. He talked to the dome manufacturer and learned that if the City were to upgrade its bid, the fabric could be upgraded to a more durable fabric that may last 30 years. Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2018- 114, approval of contract with Field Turf for the turf and dome replacement at the St. Croix Valley Recreation Center. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2018-115, approval of contract with Loucks Land Survey and Engineering Services for the St. Croix Valley Recreation Center. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None NEW BUSINESS Request by applicant to reconsider the denial of the ordinance to allow limited retail in the BP-I Zoning district Community Development Director Turnblad stated that Michael McGrath, 1815 Greeley, LLC, applied for a Zoning Text Amendment to allow for the continued use of a tenant space in 1815 Greeley Street South as a retail store. The property is zoned BP-I, Business Park — Industrial, Page 6 of 9 City Council Meeting May 15, 2018 which only allows for retail sales of products manufactured on-site. The business in question does not qualify for this allowance. The building owner is asking to allow limited retail sales of products not manufactured on-site. On February 20th the Council denied the ordinance request. Due to misunderstanding or miscommunication,neither the property owner nor his representative were at the Council meeting on February 20th. Therefore, they have requested that the Council reconsider the ordinance amendment so the property owner can be present at the hearing. Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve of the reconsideration. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Crosby Hotel Design Permit Reconsideration Community Development Director Turnblad stated that in December 2017, the Heritage Preservation Commission (HPC) considered a request from Midnight Real Estate Group for a Design Permit modification to the Crosby Hotel, located at 232 Main Street North. The request was for second and third floor balconies on the Main Street façade. Citing the fact that full depth balconies that protrude beyond the front façade of a structure are not a traditional element found on Stillwater's Main Street, and that the design would alter the essential character of the neighborhood,the HPC granted a partial request for 1' deep, "Juliette" style balconies.No appeal was made within the 10-day appeal period as governed by City Code, Section 31-217. The applicant has requested the HPC's reconsideration of the originally proposed modification to allow for the full depth balconies. However,their request comes to the City within one year of the HPC's decision. Therefore, City Attorney Magnuson has advised the Council may determine if the HPC may reconsider this request less than one year of the original denial. Therefore, staff is requesting the Council discuss whether or not they would like to waive the requirements of City Code, Section 31-204, Subd. 9, to allow for Midnight Real Estate Group to resubmit a Design Permit request for the consideration of full-depth second and third story balconies at 232 Main Street North within one year of a denial of such request. Councilmember Weidner asked if the applicant is heard again by the HPC, and if the HPC again denies the request, if the applicant will be allowed to appeal the HPC's decision to the Council. Community Development Director Turnblad replied yes, they may appeal to the Council within 10 days of the HPC reconsideration. Matt Hoefler with HAF Architects stated that the owner is very adamant about trying to achieve the balconies on the front of the building. The project is on the agenda for the HPC's meeting tomorrow night to discuss the balconies and other changes. He explained that the building undulates with the north side of the building being closest to the property line, so a four foot balcony would still be set back farther than the north elevation. Councilmember Weidner asked why the plans changed, and Mr. Hoefler answered that the original plan had awnings on the front of the building and public spaces in those rooms. The owner has decided to add four guest rooms to the Main Street side and would like to make them larger suites with balconies and a nice connection to the street. Councilmember Weidner stated he does not like the way the project is being piece-mealed. The developer should be held to the original decision. Page 7 of 9 City Council Meeting May 15,2018 Mr. Hoefler responded that after the original approvals, there were some changes made to make the room count work. Balconies on the front were the only item that was partially denied last December. The owners feel that Juliette balconies would not be a substantial benefit to those rooms that are on the front elevation. Councilmember Junker recalled that the HPC was adamant that they wanted to allow only the Juliette style balconies. He was surprised at the time that the decision was not appealed within the 10 day limit. Mr.Hoefler replied that the 10 day process was a little too fast in terms of making a clear decision on what exactly needed to be done in terms of the overall construction.Now,closer to construction on a several of the items, the question is being raised more than it was in December. He added that he thought it would be a non-issue in December, so the developers were not prepared with examples of other existing balconies in downtown Stillwater. Now they have other examples similar to what is being proposed. Mayor Kozlowski stated since the project is already on the HPC agenda for other issues, he does not have a problem allowing the reconsideration of the requested balconies. Councilmember Polehna indicated that if the HPC decision is appealed to the Council, he is not going to override the HPC. Motion by Councilmember Junker, seconded by Councilmember Weidner, to deny the request to allow the HPC to reconsider the balcony design. Motion passed 3-2 with Councilmember Polehna and Mayor Kozlowski voting nay. Possible approval of Event Permit for Maple Island Brewery Community Development Director Turnblad stated that Doug Kotulski of HOOAH, Inc. has applied for permission to sponsor an event at Maple Island Brewery featuring outdoor bands from 2-10 p.m., Friday, September 7, 2018. The owner of the brewery has given consent for the event to occur in his parking lot. The event is known as Bands for the Brave, which raises money for HOOAH(Helping Out Our American Heroes)who use the money to help prevent military veteran suicide. Since the event will be held entirely on private property, a special event permit is not necessary, but Council permission is still required to hold the outdoor event. Outdoor entertainment on private property downtown is normally allowed by Special Use Permit,however the City Council may approve a one-time event without going through the entire Special Use Permit process. Staff recommends approval. Two representatives for the event explained the fundraiser. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve a one-time event Bands for the Brave to take place Friday, September 7, 2018, at Maple Island Brewery. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Approval of agenda for Joint Work Session with the Cities of Bayport, Oak Park Heights and Stillwater City Administrator McCarty provided a sample agenda for the joint work session May 24, 6 p.m. at Oak Park Heights City Hall. Page 8 of 9 City Council Meeting May 15, 2018 COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS Councilmember Polehna reported that the 4th of July event is coming together well. ADJOURNMENT Motion by Councilmember Junker,seconded by Councilmember Menikheim,to adjourn the meeting. All in favor. The meeting was adjourned at 8:34 p.m. _a Ted Kozlowski, Mayor ATTEST: Ata.IL€ % Diane F. Ward, City Clerk Resolution 2018-103, directing payment of bills Resolution 2018-104,Approval of cooperative agreement between the City of Oak Park Heights, the City of Stillwater and Washington County for Maintenance of the Traffic Control Signal System at the intersection of County State Aid Highway (CSAH) 24 (Osgood Avenue)and County Road (CR) 62 and 62nd Street North Resolution 2018-105, approving the transfer of an On-sale, Sunday and Off-sale Liquor Licenses to the Elevage Hotel Group, LLC, DBA: Lora/Feller/The Long Goodbye/MADE Resolution 2018-106, approving the transfer of an On-sale and Sunday Liquor Licenses to the Two Brians LLC, DBA: Brine's Resolution 2018-107, approving business name(DBA/Trade Name) change of Stillwater Liquors to Cellars Wine& Spirits Resolution 2018-109,Appointing member to Human Rights Commission Resolution 2018-110, appointing member to Joint Cable Commission Resolution 2018-111,resolution requesting additional time to complete Comprehensive Plan"Decennial"review obligations Resolution 2018-112, a resolution amending the final planned unit development and special use permit for a project known as Ecumen Stillwater(Case No. 2018-25) Resolution 2018-113, approving the issuance by the City of Bethel of revenue bonds under Minnesota Statutes, Chapter 462c, as amended,to finance the costs of a senior housing development to be constructed in the City of Stillwater to be owned and operated by the Lodge at Stillwater, LLC; approving a housing program with respect thereto; and taking certain other actions Resolution 2018-114, approval of contract with Field Turf for the turf and dome replacement at the St. Croix Valley Recreation Center Resolution 2018-115, approval of contract with Loucks Land Survey and Engineering Services for the St. Croix Valley Recreation Center Page 9 of 9