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HomeMy WebLinkAbout2019-06-18 CC MIN ii(water 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES June 18, 2019 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 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 Finance Director Provos Human Resources Director Robole City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS,DELEGATIONS&COMMENDATIONS 2019 Lumberjack Days Presentation Brad Glynn, board member of The Locals, updated the Council on plans for Lumberjack Days. The headliner for Saturday evening concert is Soul Asylum. The entire event schedule will be published online. OPEN FORUM Wendy Gorski, resident of Terra Springs Condos, thanked Chief Gannaway and Captain Meredith for increased police presence on North Main Street. Cameron Murray, resident of Stillwater Mills on Main Condos, asked that the pedestrian crossing markers be returned to North Main Street. Chief Gannaway will notify Public Works. STAFF REPORTS City Clerk Wolf explained that Stillwater Eagles is hosting The Wall That Heals at the Old Athletic Field,July 25-28, 2019. She announced the boards and commissions picnic is set for August 22. Community Development Director Turnblad informed the Council that the Met Council has reviewed the 2040 Comprehensive Plan and provided comments. After revisions are submitted, they will consider the application complete and the Council should be able to adopt the plan by the end of August. He also announced City Planner Wittman received a City Council Meeting June 18, 2019 $10,000 grant from the Minnesota Historical Society for consultant help with historic preservation programs. City Administrator McCarty reminded the Council of the June 20 strategic planning review session at the Armory Building. In response to an RFP issued for the Public Works operational review, staff will bring to the Council a recommendation for a firm to begin the work. He provided a brief summary of legislation from the State's special session that concluded May 25. Councilmember Polehna expressed hope that funding will be allocated next year for the intersection of Manning and Highway 36. CONSENT AGENDA June 4, 2019 regular and recessed meeting minutes Payment of Bills Ordinance No. 1126, amending City Code Chapter 31, Zoning, Chapter 32, Subdivision Ordinance (CPC Case No. 2019-16) Ordinance No. 1127, amending City Code Chapter 35, Stormwater Drainage, specifically affecting the stormwater design standards and submittal, review, and permitting processes and requirements (CPC Case No. 2019-16) Resolution 2019-074, resolution amending Resolution 2018-173 adopting 2019 Fee Schedule St. Mary's Catholic Church Events New On Sale Liquor License for The Lodge Board of Water Commission Reappointment of Karen Jensen Benson Boulevard Neighborhood Drainage Project Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent Agenda.All in favor. PUBLIC HEARINGS Case 2019-23 to consider a Zoning Text Amendment to amend city code pertaining to the citing of wireless towers. Community Development Director Turnblad stated that City Code Section 31-512, Regulation of radio and television towers,indicates the preferred locations for antennas and towers include: government and utility sites; school sites; and golf courses, or public parks when compatible with the nature of the park or course. However,the Allowable Uses in Non- Residential Districts table does not indicate they are allowed in the Parks Recreation and Open Space (PROS) district,nor the Public Works Facility District(PWFD). Furthermore,the Code expressly indicates they are prohibited in the Public Administrative Offices (PA) district. Given the conflicting language, staff is seeking to clarify in which public zoning districts antennas and towers should be allowed. He explained the proposed amendment, which is recommended by the Planning Commission and by City staff for approval. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Page 2 of 6 City Council Meeting June 18, 2019 Motion by Councilmember Weidner, seconded by Councilmember Collins, to approve first reading of an Ordinance amending Article 31-325, allowable uses in non-residential districts, and Article 31-512, regulation of radio and television towers of the City Code of the City of Stillwater, Case No. 2019-23. All in favor. Ordinance amending City Code Section 35-25 (d): Regulations for Commercial Lawn Fertilizer Applicators. City Attorney Land informed the Council that the City has historically licensed businesses that apply lawn fertilizers, however this is not necessary because the Minnesota Department of Agriculture has the sole authority to regulate the licensing of fertilizer applications. Staff recommends the repeal of Section 35-25(d) regarding Regulations for Commercial Lawn Fertilizer. 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 approve first reading of an Ordinance repealing Section 35-25(d) regarding regulations for commercial lawn fertilizer applicators of the Stillwater City Code.All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Revised Employment Policy Manual - Resolution Human Resources Director Robole stated that during the past two years, the City's employment policy manual has been revised and amended to bring statute and policy references up-to-date with State and Federal law, and to expand descriptions of current practice. Due to the number of updates, staff recommends the revised Employment Policy Manual be approved in its entirety. Motion by Councilmember Collins, seconded by Councilmember Weidner,to adopt Resolution 2019-075, approving the revised City of Stillwater Employment Policy Manual.All in favor. Chicken Keeping Permit for 2509 Hidden Valley Lane Community Development Director Turnblad stated that the City received a complaint regarding unpermitted chickens being kept at 2509 Hidden Valley Lane. Through code enforcement, Patricia Strauss, the property owner, was told that she would have to apply for a chicken keeping permit or remove the chickens from the property.She chose to submit the permit application. Objections were received from two nearby property owners. They request that the permit be denied due to excessive noise, chickens escaping the backyard, the fact that chickens attract vermin and predators, a twenty foot distance from the coop to the neighboring house is not adequate,and the overwhelming smell. Four letters of support were received. Staff suggests revising Condition #2 to limit this permit to one year, since there are concerns, rather than two years. Staff finds that the application meets all of the City Code requirements and recommends approval with five conditions. Page 3 of 6 City Council Meeting June 18, 2019 Councilmember Collins stated he looked at the property and feels that birds and dogs in the neighborhood generate more noise than the chickens. He believes the request is reasonable. Councilmember Polehna expressed that he feels chickens do not belong in town. Motion by Councilmember Collins, seconded by Mayor Kozlowski, to approve the chicken keeping permit for 2509 Hidden Valley Lane with the five staff-recommended conditions including the change to Condition #2. Motion failed. Ayes: Councilmember Collins and Mayor Kozlowski Nays: Councilmembers Junker,Weidner and Polehna Short Term Home Rental Ordinance Amendment Request Community Development Director Turnblad reported that Brian Brosdahl would like to convert a Type B2 license for his property at Second and Pine Street to a Type C. Since all 15 Type C1 vacation rental licenses currently allowed by City Code have been issued and there is a waiting list, Mr. Brosdahl has submitted a request to amend the City Code by increasing the number of Type C licenses that can be issued. There is only one property that has generated complaints in the two and a half years that the Short Term Home Rental Ordinance has been in effect. The amendment has not gone to the Planning Commission because it has been moved out of zoning ordinance and is now in the licensing section whose amendments go only before the Council. Staff finds the request to increase the number of Type C licenses by five Downtown and by five in residential neighborhoods to be reasonable and timely, and therefore recommends approval of the ordinance amendment. Mayor Kozlowski noted that when the Council passed the ordinance they were very cautious. He would have no problem with another five Type C licenses downtown and five up on the hill. However he does not want future increases to be driven by applications. Councilmember Junker agreed. He feels Stillwater is becoming a model city for how to regulate short term home rentals. Councilmember Polehna stated he does not want downtown filled with nothing but Airbnbs. He is also concerned about the impacts of increased STHRs on hotels. Councilmember Collins remarked he feels Type C licenses should be capped at 25. Councilmember Weidner stated he views the Type C home rentals as mini hotels and he thinks there are already enough of them in the City. Motion by Councilmember Junker, seconded by Councilmember Collins, to approve allowing five more Type C Short Term Home Rental licenses in the CBD Zoning District, and five more in Residential Zoning Districts. Motion passed. Ayes: Councilmembers Collins,Junker and Mayor Kozlowski Nays: Councilmembers Weidner and Polehna Maple Island Brewery Bands for the Brave Event Community Development Director Turnblad stated that Doug Kotulski of HOOAH, Inc. has applied for permission to sponsor an event known as Bands for the Brave at Maple Island Brewery on September 7, 2019. The owner of the brewery has given consent for the event Page 4 of 6 City Council Meeting June 18, 2019 to occur in the private parking lot. Proceeds from the event go to HOOAH (Helping Out Our American Heroes) to help prevent suicide amongst military veterans.Since the event will be held entirely on private property, a special event permit is not necessary, but Council permission is required to hold the outdoor event.This would be the second approved event in the brewery parking lot. Staff recommends approval. Motion by Councilmember Weidner,seconded by Councilmember Polehna,to approve a permit for Bands for the Brave at Maple Island Brewery on September 7, 2019.All in favor. General Obligation Capital Outlay Bonds. Series 2019A- Preliminary Resolution Finance Director Provos explained the proposed resolution establishes procedures relating to compliance with bond reimbursement regulations. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2019-076, resolution establishing procedures relating to compliance with Reimbursement Bond Regulations under the Internal Revenue Code.All in favor. COUNCIL REQUEST ITEMS Lumberjack Days Parade Councilmember Polehna noted that Beyond the Yellow Ribbon will lead the Lumberjack Days Parade on July 21. Demolition Designation Study Councilmember Weidner asked that the Council reconsider its decision to order a $5,000 demolition designation study for the garage tear-down request at 116 Harriet Street North, which took place June 4, 2019, during a meeting from which he was absent. City Attorney Land stated that any councilmember who was absent from the vote may make a motion to reconsider. Motion by Councilmember Weidner, seconded by Mayor Kozlowski, to reconsider the authorization for the Demolition Designation Study for 116 Harriet Street North. Motion passed. Ayes: Councilmembers Weidner, Polehna and Mayor Kozlowski Nays: Councilmembers Junker and Collins Motion by Councilmember Weidner, seconded by Councilmember Polehna, to table the reconsideration of a demolition designation study for 116 Harriet Street North, and consider it at the next scheduled meeting. Motion passed. Ayes: Councilmembers Weidner, Polehna and Mayor Kozlowski Nays: Councilmembers Junker and Collins CLOSED SESSION Motion by Councilmember Weidner, seconded by Councilmember Junker, to recess to Closed Session pursuant to Minn. Stat. §13D.05 subd. 3(b) to discuss attorney-client privileged Page 5 of 6 City Council Meeting June 18, 2019 communication regarding 121 Chestnut Street East. All in favor. The meeting was recessed to closed session at 7:59 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna. Also present: City Administrator McCarty and City Attorney Land. Motion by Councilmember Collins seconded by Councilmember Junker to re-open the meeting. Motion by Councilmember Polehna, seconded by Councilmember Collins, to recess to Closed Session pursuant to Minn. Stat. §13D.05 subd. 3(b) to discuss attorney-client privileged communication regarding 106 Chestnut Street East. All in favor. The meeting was recessed to closed session at 8:17 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna. Also present: City Administrator McCarty and City Attorney Land. Motion by Councilmember Weidner seconded by Councilmember Junker to re-open the meeting. ADJOURNMENT Motion by Councilmember Weidner seconded by Councilmember Polehna to adjourn. All in favor. The meeting was adjourned at 8:45 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2019-074, resolution amending Resolution 2018-173 adopting 2019 Fee Schedule Resolution 2019-075, approving the revised City of Stillwater Employment Policy Manual Resolution 2019-076, resolution establishing procedures relating to compliance with Reimbursement Bond Regulations under the Internal Revenue Code Ordinance No. 1126, an Ordinance related to conservation regulations amending the Stillwater City Code Section 31-101 Definitions, Section 31-523 Soil Stripping, Section 31-524 Grading, Section 31-525 Stormwater Management Practices and Section 32-1 the Subdivision Ordinance Ordinance No. 1127,an Ordinance amending stillwater City Code Section 35-26 regarding Stormwater Management Practices Page 6 of 6