Loading...
HomeMy WebLinkAbout2019-03-05 CC MIN ii lyvater 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES March 5, 2019 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:33 p.m. Present: Mayor Kozlowski, Councilmembers Collins,Junker and Weidner Absent: Councilmember Polehna Staff present: City Administrator McCarty City Attorney Land Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Finance Director Provos City Clerk Wolf OTHER BUSINESS Curve Crest Villas proposed sale/TIF #9/Amended Development Agreement Provisions, Estoppel Certificate and Financial Review City Administrator McCarty presented the results of the due diligence review of the proposed sale of Curve Crest Villas. City staff concurs with the determination of the City consultants and recommends approval of the resolution authorizing execution of a First Amendment to Contract for Private Development and an Estoppel Certificate. Motion by Councilmember Weidner, seconded by Councilmember Collins,to adopt Resolution 2019-026, resolution authorizing execution of a First Amendment to Contract for Private Development and an Estoppel Certificate.All in favor. Review of Leased/Licensed City owned property City Administrator McCarty provided a preliminary inventory of nearly 40 City-owned properties that have been leased or licensed for use by businesses, individuals and other entities.A number of licenses are for driveway access permits, landscaping, fences, garages or sheds on unused street or right-of-way (ROW). Most of them do not have a set expiration date. Staff would like to develop a standard protocol and checklist for future amendments to current and new leases and licenses which would include release of liability, insurance requirements, term limits and a noticing requirement. Staff recommends bringing in an outside consultant to look at the market rate for similar types of properties in other communities. City Attorney Land explained that a lease is permission to use property, whereas licenses are more like encroachment agreements.A license is very removable.A lease is permission to use something which requires official notice to terminate. City Council Meeting March 5, 2019 Councilmember Weidner suggested getting appraisals for the value of the commercial use of City property in order to be fair to all. He also suggested that the City notify the property owners that the leases and licenses are going to be reviewed. Mr. McCarty stated staff will bring more information to the next Council work session. STAFF REPORTS Fire Chief Glaser thanked all residents who are helping with fire hydrant clearing and reminded residents to keep furnace exhaust ports and vents as well as gas meters clear of snow. Community Development Director Turnblad informed the Council that Zoning Administrator Graham Tait is on the job. Mr. Turnblad and Public Works Director Sanders are working with MnDOT on a lease agreement for Chestnut Street Plaza and have yet to negotiate two items regarding State law prohibiting alcohol consumption and commercial sales in the ROW. Public Works Director Sanders reported the City is removing snow in certain neighborhoods and downtown. Cul-de-sacs will be done in the next couple days. City Administrator McCarty reported that on February 25, City Lobbyist Brian McDaniel, Councilmember Polehna and representatives from Washington County met with legislators regarding funding for the Highway 36/Manning Avenue interchange project. Today Councilmember Polehna and a similar group are meeting with other legislators who are on committees that will be reviewing the request, which is $15 million for a separate bonding issue. Mayor Kozlowski recessed the meeting at 5:05 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:05 p.m. Present: Mayor Kozlowski, Councilmembers Collins,Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Finance Director Provos City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Page 2 of 9 City Council Meeting March 5, 2019 PETITIONS, INDIVIDUALS, DELEGATIONS &COMMENDATIONS Presentations to Stillwater Fire Fighters Jacob Bell, Jon Bell. Phillip Gresafe. Derek Nelson. and Christopher Zeuli Fire Chief Glaser recounted the actions of the Stillwater firefighters in saving the life of Lake Elmo resident John "Geno"Jeska on February 1.The five Stillwater men were off-duty on an annual snowmobile trip when they encountered Mr. Jeska having difficulty while dining in a restaurant in International Falls, Minnesota. They called 911 and performed lifesaving CPR. Mr. Jeska was subsequently flown to Duluth for medical treatment. Chief Glaser acknowledged Mr. Jeska in the audience. Mayor Kozlowski presented Certificates of Appreciation to Jacob Bell, Jon Bell, Phillip Gresafe, Derek Nelson, and Christopher Zeuli. He encouraged everyone to get CPR training. Chief Glaser presented a Citizens Commendation to Mr. Gresafe, a Stillwater Fire Department retiree, and Unit Citations to Mr. Zeuli, Mr. Bell, Mr. Bell and Mr. Nelson. Assistant Fire Chief Zeuli stated that a person can learn CPR in 20 minutes and that 20 minutes may save someone's life. Washington County presentation on County Road 5 Project Andrew Giesen, Washington County Project Manager for the County Highway 5 Phase 2 Improvement Project, led discussion of the project, including preliminary design, community engagement, and project costs. He stated that the project goals are to provide sidewalk on both sides of County Highway 5 in the reconstruction segment from McKusick to Sycamore near Stonebridge Elementary School, to improve the quality and life of the pavement, to stripe center left turn lanes at Brick Street, and to improve pedestrian accessibility and safety. Neighborhood meetings will be held later this month. Total project costs will be $3.3 million for Washington County and $500,000 for Stillwater. He requested a resolution of support. Mayor Kozlowski and Councilmember Weidner questioned the proposed removal of parking on the east side near Stonebridge school; and Mr. Giesen responded that if parking were restricted to the other side of the roadway, there would not be enough width for cars to stage. The County is looking at narrowing the existing 40 foot road by 2 feet to 38 feet. Councilmember Weidner asked if there will be any improvements to the pedestrian crossing at Laurel Street; and Mr. Giesen answered that bump-outs were done as part of the 2016 McKusick project. They will look at reconstructing the pedestrian ramps on the north side of that intersection so they are ADA compliant. Councilmember Weidner suggested adding signs or other safety measures so that drivers coming down the hill will have as much advance warning as possible of the pedestrian crossing. Mr. Giesen stated that engineers can look at that. Councilmember Junker asked if traffic on Highway 5 has decreased as predicted with the opening of the new bridge; and Mr. Giesen replied that there has been a 15-20% decrease in traffic volume along Highway 5 since the bridge opening. The decrease was more pronounced south of Myrtle. Page 3 of 9 City Council Meeting March 5, 2019 Councilmember Polehna noted that a new senior living center is being built at Brick and Olive and the City worked with the church to have Right-of-Way dedicated to the City. He asked if the City decides to add turn lanes or widen the road in the future, will that fit into these plans; and Mr. Giesen replied that the County is planning on reallocating the existing pavement width, but not widening the road. He added that he will come back a year from now to request a no parking resolution and approval of the cooperative maintenance and cost share agreement,when more of the details have been worked out.A parking study was done,which helped determine which side of the street should accommodate parking. Mayor Kozlowski stated that guest parking could be an issue.Also,odd/even parking makes no sense if drivers can only park on one side of the street. Councilmember Weidner expressed that he feels the parking study came to the wrong conclusion, and that parking near Stonebridge should be on the opposite side. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2019-027, a resolution of support for Pedestrian and Safety Improvements (County Project No. C.P. 10509).All in favor. OPEN FORUM Scott Junker, 1001 4th Street North, voiced a complaint about getting a ticket for snow littering after he widened the driveway so his mother and her neighbors could see beyond the snow piles when backing out of their driveways. Police Chief Gannaway indicated that by ordinance, residents are not to plow snow into the street. Snow is supposed to stay on the property. CONSENT AGENDA February 19, 2019 regular meeting minutes Payment of bills Farmer's Market 2019 event Temporary liquor license for Light a Spark event Police Department request to purchase rifles and accessories Contract for Inspection Services Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt the Consent Agenda.All in favor. PUBLIC HEARINGS CPC Case No. 2019-03.to consider a request by Mark Guenther,to amend the City Zoning Code by modifying City Code Section 31-308(b)(1) to allow the minimum lot width for a two-family property in the RB Zoning District to be 65 feet rather than 75 feet. Community Development Director Turnblad reviewed the case. Fenway Land Company, property owner of 8313 and 8393 Marylane Avenue North, has applied for a Zoning Text Amendment (ZAT) which would allow two-family homes to be constructed on lots 65' in width (currently 75' is required). He stated that there are about 2,700 lots in the RB zoning district. 900 of them are at least 75' wide and do not have a second unit, but are eligible for it. Narrowing the lot width requirement would add 64 more lots to the inventory of lots Page 4 of 9 City Council Meeting March 5, 2019 eligible for a second dwelling unit. The Planning Commission recommended approval 4-1. The proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan, and staff recommends approval. Councilmember Weidner asked if approving the amendment would prompt a new design for Marylane, squeezing one more lot in; and Mr. Turnblad replied that if this is approved, the developer is not going to add another lot, but this would allow people who buy his lots to put a second dwelling unit in the home. The lots are already 65'wide. The 10,000 square foot minimum still applies and setback requirements remain the same. Councilmember Weidner commented that the narrower width seems to fit downtown, but he is concerned that it is not consistent with the surrounding neighborhoods to the west. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Mayor Kozlowski stated that he does not have a problem with the narrower lots in older neighborhoods, but he is not sure it fits newer neighborhoods. He is concerned about allowing secondary units in places where neighbors might not want them, due to additional parking and traffic. Mr.Turnblad explained that in the 1970s when the 75'requirement was enacted,the typical secondary dwelling unit was a side-by-side duplex. By contrast,today a secondary dwelling unit is typically an accessory apartment within the main home or in a detached garage in the backyard. The worst case scenario is this would add 65 lots that could have a second unit to the already 900 in the inventory. Motion by Councilmember Collins, seconded by Mayor Kozlowski, to adopt an ordinance amending the Stillwater City Code SEC. 31-308(b)(1), RB Two-Family Residential Zoning District Massing Regulation Minimum Standards. Motion failed 2-3. Ayes: Councilmember Collins and Mayor Kozlowski Nays: Councilmembers Junker, Weidner and Polehna CPC Case No. 2019-06, to consider a request by CVII Holdings. LLC, property owner, for the consideration of Conditional Use Permit for a large building project in Downtown Stillwater. Property located at 107 Chestnut Street East. Community Development Director Turnblad explained that owners of the Historic Armory property on Chestnut and Third Streets are proposing to remodel and convert the property to eight high-end market rate apartments, a locally based craft distillery or micro-brewery, and office space. The Planning Commission held two public hearings on this project, and 1) approved the necessary Special Use Permit for the apartments; 2) approved the Special Use Permit for the craft distillery/micro-brewery; and 3) recommended approval of both the current and previous site review Conditional Use Permits (CUP). The Downtown Parking Commission found that the parking load of the proposal did not exceed that allowed by City Code and recommended approval of the parking plan for the required on-site residential parking,which included eight spaces in the garage and seven spaces outside. On February 5, 2019, the City Council denied the initial site review CUP, based on the fact that the indoor parking spaces were all for compact vehicles. Subsequently, the property owners have re- designed the interior parking spaces and have re-applied for the site review CUP. The interior spaces are now all full-sized spaces, which was made possible by changing the Page 5 of 9 City Council Meeting March 5, 2019 amount of space in the garage dedicated to the craft distillery. The owners are requesting approval of the revised site review CUP. Depending upon the final mix of tenants for the property, three re-use plans are being considered. Scheme One would include eight market rate apartments, 3,502 square feet of craft distillery (or micro-brewery) space, and 4,450 square feet of office space. Scheme Two would be 3,772 square feet of craft distiller/micro- brewery, seven apartments, and 4,450 square feet of office space. Scheme Three would be eight apartments and 13,600 square feet of office space. Each required parking space has been redesigned to be 9'x 18', meeting the zoning code standard for parking stalls. Both the Planning Commission (4-1 vote) and City staff find the site review to meet the applicable City Code review standards and recommend approval with seven conditions.Staff will bring back a resolution memorializing the decision to the next Council meeting. Mayor Kozlowski opened the public hearing. Matthew Wolf, President of CVII Holdings, LLC, stated that the application meets every written standard in City code. Unless noncompliance can be articulated, approval is warranted. Councilmember Junker asked that if approved, will architects base final plans on demand; and Mr. Wolf answered yes. There was a distillery that was very interested initially, but because of the space reduction they could no longer commit, so they have moved on. Mayor Kozlowski closed the public hearing. Councilmember Weidner stated that he still thinks the parking in the garage is inadequate. Mayor Kozlowski asked that if the office space is not desirable but retail is,will the City have to figure out how to mitigate parking once again? He is concerned that the building has so little parking; and Mr. Turnblad replied that if the developer can not develop under the scenarios and load limits as outlined,they would have to come back and start all over again. Councilmember Junker pointed out for the uses requested,the parking meets the minimum standards. Anything that deviates from that would have to come back. He is much more comfortable with this plan; and Councilmember Collins agreed. Councilmember Polehna stated that he talked to the former commander,who indicated that parking would not work in that garage the way it has been proposed. Motion by Councilmember Junker, seconded by Councilmember Collins, to approve a Conditional Use Permit for a large building project in Downtown Stillwater at 107 Chestnut Street East. Motion failed 2-3. Ayes: Councilmembers Collins and Junker Nays: Councilmembers Weidner, Polehna, and Mayor Kozlowski UNFINISHED BUSINESS There was no unfinished business. Page 6 of 9 City Council Meeting March 5, 2019 NEW BUSINESS Cruisin' on the Croix 2019 Car Show Event City Clerk Wolf reported that Cruisin' on the Croix car show is proposed to be held from 3- 8 p.m. every other Wednesday from June 12 to September 18. The event will not take place the week of July 4th nor the week of Lumberjack Days. The organizer requested to use parking lots 4, 5, 8b,9, 10 and 11,a total of 234 spaces.The Downtown Parking Commission recommends the use of parking lots 4 (partially during construction then; the whole lot when complete), 5, 9 and 11, a total of 111 spaces. The organizer would like to appeal the Downtown Parking Commission recommendation and use parking lots 9 and 11, and instead of lot 4 and 5,they also would like to use part of 8b (53 spaces) adjacent to the trail, a total 128 of spaces. Councilmember Junker noted that Lot 8b is the primary employee permit lot downtown. Frank Fabio, organizer, stated that he knows the River Market has not liked the car show occupying Lot 8b, because they say it brings revenue down on car show days. Mr. Fabio did a survey of car show participants and received 72 responses saying they patronize downtown businesses. He would like to use the river side of Lot 8b, leaving the other side for the businesses. Councilmember Junker stated that he had email from the owner of the co-op who reported that he has 65 employees upstairs in an attorney's office who need a place to park. Mr. Fabio pointed out that it is only eight days in the summer. If they can guarantee the employee cars will be gone by a certain time, he can segregate the spots. Mayor Kozlowski encouraged Mr. Fabio to talk to the River Market owner and figure out a way to not have to close off the lot so early in the day. Councilmember Junker remarked that would be difficult to monitor because there would be a lot of people coming and going who are not employees. Mr. Fabio stated that most of the employees get there in the morning. If the car show could have half of 8b, leaving the Water Street side of 8b open,there should not be any problem. Motion by Councilmember Polehna,seconded by Councilmember Weidner, to approve the use of Lots 9,back of 8b,and 11 for the 2019 Cruisin'on the Croix car show event for the eight dates requested. Motion passed 4-1 Ayes: Councilmembers Collins,Weidner, Polehna and Mayor Kozlowski Nays: Councilmember Junker Declaring 2019 State of Emergency Resolution Police Chief Gannaway requested approval of a resolution declaring a State of Emergency in anticipation of the St. Croix River flooding. He reported that the National Weather Service is predicting that the St. Croix River has a 50-75% chance of reaching moderate flood stage (688'), and a 25-50% chance of major flood stage (689') in the beginning of April. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2019-028, resolution declaring a State of Emergency.All in favor. Page 7 of 9 City Council Meeting March 5, 2019 Accept 2019 Street Improvement Project Feasibility Report Public Works Director Sanders listed the streets proposed for improvement in 2019. They are located in the Oak Street neighborhood, Croixwood, the Broadway Street area and Second Street North. The total estimated cost of the project is $2,143,427.95, including design, surveying, inspection, administration, and contingencies. The project would be funded through assessments, permanent improvement bond and State Aid funds. Staff recommends that the Council accept the feasibility report for the 2019 Street Improvement Project and order a public hearing to be held on April 2, 2019. Reabar Abdullah, Assistant City Engineer, explained the project specifics and proposed assessments. Construction will take place June-October 2019. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2019-029, resolution receiving report and calling hearing on the 2019 Street Improvement Project (Project 2019-02). All in favor. Order Feasibility Report for 2019 Sidewalk Rehabilitation Project Public Works Director Sanders stated that staff recommends that the Council consider a sidewalk rehabilitation project for 2019 and authorize staff to prepare a feasibility report. A project was approved in 2018, but staff felt the bid received was too high and did not proceed with a project.Sidewalk replacements are paid 50% from City funds and 50% from assessments to the adjacent property owner. Sidewalks to be included in the project are those that are severely cracked, heaved, settled, or misaligned, such that they may cause people to trip. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2019-030, resolution ordering preparation of a report for the 2019 Sidewalk Rehabilitation Project (Project 2019-06).All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna updated the Council on the legislative lobbying effort for the Highway 36/Manning Avenue project. He stated that plans are being put together for a grand opening of the refurbished lift bridge on August 2 & 3,to be called the St. Croix River Lift and Loop Celebration. He would like authorization for $5,000 from the events fund to hire the band. Motion by Councilmember Weidner, seconded by Councilmember Collins, to approve the expenditure of up to $5,000 in funding for the St. Croix River Lift and Loop Celebration. All in favor. RECESS TO CLOSED SESSION Recess of regular Council meeting to move into Riverview Room for closed session meeting. Motion by Councilmember Weidner, seconded by Councilmember Polehna to go into closed session pursuant to Minn. Stat. 13D.05 subd. 3(c) to discuss 121 Chestnut Street East. All in favor. Present: Mayor Kozlowski, Councilmembers Collins, Junker,Weidner and Polehna Page 8 of 9 City Council Meeting March 5, 2019 Also present: City Administrator McCarty, City Attorney Land, Community Development Director Turnblad Motion by Councilmember Junker seconded by Councilmember Weidner to reopen the meeting at 10:05 p.m. All in favor. Motion by Councilmember Polehna seconded by Councilmember Junker to adjourn. All in favor. The meeting was adjourned at 10:06 p.m. Ted Kozlowski, M yor ATTEST: y f 1'it Beth Wolf, City Cle& Resolution 2019-026, resolution authorizing execution of a First Amendment to Contract for Private Development and an Estoppel Certificate Resolution 2019-027, a resolution of support for Pedestrian and Safety Improvements (County Project No. C.P. 10509) Resolution 2019-028, resolution declaring a State of Emergency Resolution 2019-029, resolution receiving report and calling hearing on the 2019 Street Improvement Project (Project 2019-02) Resolution 2019-030, resolution ordering preparation of a report for the 2019 Sidewalk Rehabilitation Project (Project 2019-06) Page 9 of 9