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HomeMy WebLinkAbout2019-07-02 CC MIN iii1 eater 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota J www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES July 2, 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,Weidner (arrived at 4:49 p.m.) and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Police Chief Gannaway Assistant Fire Chief Ballis Community Development Director Turnblad Director of Public Works Sanders Finance Director Provos City Clerk Wolf OTHER BUSINESS Brown's Creek Watershed Discussion Karen Kill, Brown's Creek Watershed District (BCWD) Administrator, introduced BCWD President Craig Leiser, Manager Anne Maule Miller, Manager Gerald Johnson and Manager Klay Eckles.She explained that they are here to discuss BCWD rules, Minimal Impact Design Standards (MIDS), and how to better coordinate standards and regulations governing stormwater management. Camilla Correll, Emmons & Olivier Resources, Inc., Engineer, stated that BCWD recently compared MIDS, a State effort, to the current BCWD standards, especially in regard to the Long Lake drainage area and the diversion structure. There are inconsistencies in the stormwater management requirements for a permit. MIDS, which Oak Park Heights and Stillwater have both adopted, the drinking water supply management area rules, the Trout Stream Mitigation Project Agreement and the Kern Center Pond Agreement(OPH) all dictate which rules may apply. In all there are eight different combinations of rule applications in certain areas. Mr. Leiser added that BCWD felt it in the best interest of all parties to simplify the rules and make them more consistent among all communities served. This will make it easier for citizens to be served under the same set of rules with same requirements as the rest of Stillwater, which is in the Middle St. Croix Water Management Area. It will be easier for developers and contractors to understand clearly the expectations and requirements, and meet them with less angst. City Council Meeting July 2, 2019 Public Works Director Sanders stated he is pleased the City and BCWD are working together on volume control requirements. Maybe in the future, the City could take on all permitting. Ms. Kill added that one of the next steps will be to review the existing Trout Stream Mitigation Agreement and modify or dissolve that agreement to allow MIDS to be applied in the entire drainage area. Washington County Commissioner Gary Kriesel stated he is pleased to hear the agencies are working towards consistency. Seasonal Food Vending Permit Policy Community Development Director Turnblad stated that food trucks are increasingly popular as caterers for private gatherings. Food trucks require permits from the City, but since food trucks used as caterers do not have the same impact as food trucks offering food to the public, the City does not require permits for them. Staff would like to discuss current practices with the City Council to confirm or get direction to change them. He discussed the following situations: 1) food trucks catering in residential neighborhoods outside of downtown. Currently the City allows this to happen as long as there is no parking on public property and no sales to the general public. Councilmembers stated they have no problem with that. Mr. Turnblad went on to discuss situation 2) food trucks catering downtown. Currently any vending trucks require a permit. Staff feels that if it is truly for a one-time catering job, as long as it is on private property and occurs three times per year or less, it should be allowed without a permit. If more frequent than that, staff feels it is part of the business plan and should be addressed through the special use permit, as it could impact the amount of parking available to meet parking requirements. Councilmember Weidner stated he does not relate food trucks to other events that have a bigger impact. He would look at the number of times allowed being more than three times, maybe 10. Mr. Turnblad brought up situation 3) food vending as catering for private gatherings in City parks. Currently it is allowed, as long as it meets parameters. It has to be legitimately under contract to a group. It is not allowed at all in Lowell Park. Council consensus was they are fine with this. Mr. Turnblad stated situation 4) involves administrative issuance of seasonal food vending permits. There are 24+ guidelines and this is very heavily regulated. He asked if staff could handle these permits administratively rather than the Planning Commission. Council consensus was this situation could be better handled administratively than by the Planning Commission. Mr. Turnblad will bring back a proposed ordinance amendment based on the discussion. Discussion on concept of concurrent detachment/annexation of properties within Oak Park Heights Community Development Director Turnblad informed the Council that Canvas Health approached the City about a future plan to redevelop their property on the south side of Orleans Street between Panama Avenue and Ozark Avenue. The property lies partly within Page 2 of 8 City Council Meeting July 2, 2019 Stillwater and partly within Oak Park Heights. Canvas Health would like their whole property to be located within Stillwater. This would require detachment from Oak Park Heights and annexation to Stillwater. Oak Park Heights supports the detachment request if the City of Stillwater is willing to concurrently detach the right-of-way property that Lookout Trail traverses. If the Council agrees, the staffs of the two Cities will draft a memorandum of understanding to bring back to the Councils for formal adoption. Council consensus was to proceed with the concurrent detachment and annexation documents. 615 Broadway Street South Designation Study Clarification Mr.Turnblad stated that on June 4 the Council voted 2-1 to begin the process of local historic designation, which would prohibit demolition. Mr. Turnblad was not at the June 4 meeting, so he would like clarification on what the Council's intent was. The official action was to reject the designation study performed by a historian on the City's approved list. By rejecting the study which found that the property does not meet the Department of Interior guidelines for designating property, the City is initiating the process of locally designating the property rather than nationally designating it, thereby creating a prohibition on demolition. Mayor Kozlowski asked is there a third option whereby the Council could deny the demolition permit without ordering the designation study; and City Attorney Land answered that she believes the only options are to approve the demolition or order the study. She acknowledged that the Council received a letter from an attorney challenging a couple of points, claiming there is not a denial yet because the process is ongoing. Ms. Land believes the Council has given the denial by the action on June 4. Pursuing a local historic designation option means the Council has effectively denied the demolition permit.She does not feel the City has enough in the record as to why the Council denied the permit,especially in light of the study that says it does not meet standards and criteria for national designation. What is the criteria for designating it locally? If that cannot be outlined, then the Council should approve the demolition. Under Robert's Rules,a motion to reconsider an action must be made at the meeting immediately following that action. In this case, there has been a meeting in between, so the Council would need to suspend Robert's Rules to reconsider the June 4 vote or continue it to a future meeting. Motion by Councilmember Polehna, seconded by Mayor Kozlowski, to suspend Robert's Rules of Order. Motion failed. Ayes: Councilmember Polehna and Mayor Kozlowski Nays: Councilmembers Junker, Collins and Weidner STAFF REPORTS Police Chief Gannaway stated 4th of July preparations are done. All the river lots will be closed with jersey barriers. The Wall That Heals is coming to the Old Athletic Field in July. Staff will enforce one side only parking on the surrounding residential streets. Assistant Fire Chief Ballis noted any fireworks that project into the air are illegal. Page 3 of 8 City Council Meeting July 2, 2019 Community Development Director Turnblad reported that Stillwater was recognized as a Step Two GreenStep City at the League Minnesota Cities conference in Duluth. He stated the revised Comprehensive Plan was resubmitted to the Metropolitan Council and review will take 4-5 weeks. Councilmember Junker stated he received calls regarding the number of trucks on the North Hill hauling fill;and Public Works Director Sanders replied he thinks the majority of the road work is completed. Police Chief Gannaway added that the State Patrol's commercial vehicle enforcement division will be doing some extra checks on the north end of town due to truck hauling. Councilmember Junker asked when the Main Street stairs will be open; and Mr. Sanders responded that a geo technical engineer is reviewing the project.The stairs could be opened up again within the next month. City Administrator McCarty stated the City is ready for the 4th of July celebration,backup is July 5th. A summary is being prepared from the Strategic Planning Session held on June 20. The 2020 budget is underway. RECESS Mayor Kozlowski recessed the meeting at 5:36 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:02 p.m. Present: Mayor Kozlowski, Councilmembers Collins,Junker,Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Police Chief Gannaway Assistant Fire Chief Ballis Community Development Director Turnblad Director of Public Works Sanders Finance Director Provos City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS&COMMENDATIONS Councilmember Polehna recapped plans for the 4th of July celebration. There will be no radio simulcast because there is no longer a radio station in Stillwater. Page 4 of 8 City Council Meeting July 2, 2019 OPEN FORUM Cameron Murray, 350 Main Street North, thanked the City for reposting the signs that say pedestrian crossing. He requested more garbage cans on Second Street. CONSENT AGENDA June 18, 2019 regular meeting minutes Payment of Bills Ordinance 1129, 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 - 2nd Reading Ordinance 1128, an ordinance repealing Section 35-25(d) regarding regulations for commercial lawn fertilizer applicators of the Stillwater City Code - 2nd Reading Baker-Tilly (formerly Springsted) Financial Consulting Contract Resolution 2019-077, approving the Minnesota Historical Society Minnesota Historical &Cultural Heritage Grant acceptance form Resolution 2019-078, approving revisions to City of Stillwater Employment Policy Manual due to new Minnesota Wage Theft Law Knights of Columbus Off-Site Gambling application Motion by Councilmember Collins, seconded by Councilmember Polehna,to adopt the Consent Agenda.All in favor. PUBLIC HEARINGS CPC Case No. 2019-26 to consider a Zoning Text Amendment for the creation of a Rural Residential Zoning District. (Motion to remove from agenda). Motion by Councilmember Polehna, seconded by Councilmember Junker,to remove this public hearing from agenda.All in favor. CPC Case No. 2019-33 to consider an amendment to City Code Section 41-8, Subd. 11(3) to increase the number of Type C Short Term Home Rental Licenses-Ordinance 1st Reading Community Development Director Turnblad stated that a public hearing snafu caused the last discussion, thought to be first reading, to technically be a conceptual approval. Fifteen Type C1 vacation rental licenses are currently allowed by City Code to be issued in the City. All 15 have been issued. However, Brian Brosdahl (applicant for this case) would like to convert a Type B2 license for his property at Second and Pine Street to a Type C. Since no Type C licenses are available, he has submitted a request to amend the City Code by increasing the number of Type C licenses that can be issued. At the June 18, 2019 meeting, the City Council gave conceptual approval of this amendment on a 3-2 vote.The effect of the ordinance would be to increase by five the number of available licenses in the Central Business District and another five in residential districts. Staff recommends first reading of the amending ordinance. Councilmember Weidner asked if there was a maximum number of Type C licenses available specifically downtown and in residential previously; and Mr. Turnblad replied no, distribution was not regulated. Staff is suggesting the distribution restrictions. Page 5 of 8 City Council Meeting July 2, 2019 Councilmember Weidner noted that the ordinance says these rentals may be detrimental to a neighborhood, so why would the Council allow more of them in residential neighborhoods; and Mr. Turnblad responded that the main reason the Council looked at limits initially was so as not to overwhelm a particular neighborhood. As it evolved, the rentals did not end up being clustered in any particular area, they were well spread out, so staff thinks another five in the residential districts probably will not have a negative effect. Mayor Kozlowski asked if there is a prohibition on clustering them. He mentioned a rental in a house at the top of Chilikoot Hill. It troubles him to see them clustered there but he has not heard any complaints; and Mr. Turnblad replied that staff originally looked at whether there should be a certain amount of distance between them like BnBs. The general consensus was that rather than regulate separation distance, the City would limit the number of permits. Councilmember Weidner remarked that he views Type Cs as businesses which could be detrimental to residential neighborhoods. He would like to alter the allowable number so there are 15 allowed downtown and 10 in the neighborhoods. Mayor Kozlowski opened the public hearing. A man, no name given, stated he has been in that house at the top of Chilikoot Hill and there are actually three bedrooms and two bathrooms, not six. Mayor Kozlowski closed the public hearing. Councilmember Polehna stated he would rather see more Type Cs downtown than in neighborhoods. Councilmember Collins commented he has not personally received any complaints. He would support allowing five more Type Cs in neighborhoods, but is also OK with a smaller number. Motion by Councilmember Junker, seconded by Councilmember Collins, to approve first reading of an ordinance amending the Stillwater City Code Sec. 41-8, Short Term Home Rental Regulations. Motion passed Ayes: Councilmembers Collins,junker and Mayor Kozlowski Nays: Councilmembers Weidner and Polehna UNFINISHED BUSINESS Demolition Designation Study- 116 Harriet Street North Community Development Director Turnblad explained that Dan and Allison Boblit would like to demolish their two-car garage and replace it with a similarly-sized three-car garage. On May 15, 2019, the Heritage Preservation Commission denied the demolition of the garage on the basis the structure is a historic resource and there are feasible alternatives to demolition. He stated this was based not so much on the structure itself, but the history of people associated with the structure.At the City Council's June 4, 2019 meeting,the Council authorized the preparation of a demolition designation study for the accessory structure. However, at the June 18 City Council meeting, Councilmembers absent from the June 4 meeting requested reconsideration of the preparation of the demolition designation study. Page 6 of 8 City Council Meeting July 2, 2019 Councilmember Weidner asked if the designation study costs the City $5,000; and Mr. Turnblad replied yes. Councilmember Weidner pointed out that the Council chose not to accept the last designation study that was done for another location. He asked if a demolition permit is denied and the Council chooses to proceed with a designation study,is there a set of criteria about what may be designated locally as historic; and Mr. Turnblad replied yes, but such a study would be done in house. Councilmember Weidner commented, so historic value could be the story behind some people who used to live there; and Mr. Turnblad replied yes. In this case, the builder of the structure was a steamboat builder. It is not known if he constructed steamboats in this building but steamboat parts were found in the building. Councilmember Weidner stated it seems like a waste of money to do a designation study, especially if the Council does not follow the advice of people it designates as experts. Councilmember Junker stated for the record, the HPC was told there might be a reduction in the cost of the study because of the area (garage only) to be studied. Councilmember Polehna agreed that it seems a waste if the Council is not going to follow the advice of the firm chosen do to a study. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to grant the demolition permit for the garage at 116 Harriet Street North. Motion failed. Ayes: Councilmembers Weidner and Polehna Nays: Mayor Kozlowski, Councilmembers Collins and Junker Motion by Councilmember Junker, seconded by Councilmember Collins, to order a designation study for the garage at 116 Harriet Street North. Motion passed Ayes: Mayor Kozlowski, Councilmembers Collins and Junker Nays: Councilmembers Weidner and Polehna NEW BUSINESS Lumberjack Days 2019 Parking Request City Clerk Wolf reported that the organizers of Lumberjack Days would like to reserve parking Lot 3 as a valet lot for Water Street Inn guests. In the past, the City allowed parking Lot 4 to be used for Water Street Inn guests, while their lot was being used for the event. However,this year with MnDOT's construction items and limited access to Lot 4,they would like to use Lot 3. The request was reviewed by the Downtown Parking Commission at their June 20 meeting.The Commission recommends a reservation of 22 spaces and a reservation fee for 4 days, according to the 2019 fee schedule (total cost would be $264). Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve the request for Lumberjack Days to reserve 22 spaces in Lot 3,waiving the fee.All in favor. Ragnar Relay Event City Clerk Wolf stated that an application was received for the Ragnar Relay to be held August 16, 2019. This is a long distance running event consisting of approximately 450 Page 7 of 8 City Council Meeting July 2, 2019 teams of runners starting in St. Paul and ending in Duluth with many stops along the way. Two of those stops are in the City of Stillwater. This event has been held in Stillwater for over 15 years.The event would run through Stillwater during the early morning hours with little impact to the City. This year the route, size of the event, and type of exchange point have changed.The Council needs to review the event and enter into an agreement.The event will have a minor exchange stop at the Evangelical Church on Manning Avenue and a major exchange stop in South Lowell Park.The Downtown Parking Commission had concerns with the number of vans that would be involved. At the downtown Stillwater exchange there would be the potential for around 300 vans around 10:30 a.m. If the Council wishes to approve the special event they should pass a motion approving the 2019 Ragnar Relay event and contract with Ragnar Events LLC, subject to coordination of the event with the City's Police, Fire, EMS and Public Works to meet the City's requirements. Motion by Councilmember Polehna, seconded by Councilmember Collins, to approve the 2019 Ragnar Relay event and contract with Ragnar Events LLC.All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna stated the Council will be leading the Lumberjack Days parade. ADJOURN Motion by Councilmember Weidner, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 7:32 p.m. c Ted Kozlowski,,lVlayor ATTEST: Beth Wolf, City Clerk Resolution 2019-077, approving the Minnesota Historical Society Minnesota Historical &Cultural Heritage Grant acceptance form Resolution 2019-078, approving revisions to City of Stillwater Employment Policy Manual due to new Minnesota Wage Theft Law Ordinance 1128, an ordinance repealing Section 35-25(d) regarding regulations for commercial lawn fertilizer applicators of the Stillwater City Code Ordinance 1129, 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 Page 8 of 8