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HomeMy WebLinkAbout2021-03-02 CC MINThe Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES March 2, 2021 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order via Zoom at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, 0debrecht and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf Community Development Director Turnblad Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Library Director Troendle OTHER BUSINESS Chestnut Street Plaza Revised Concept Design Community Development Director Turnblad reviewed the objective of the new design to maintain the elements found important to the community, while remaining within the Secretary of the Interior Standards. The Heritage Preservation Commission examined the revised concept and found it to be acceptable. Staff requests direction to begin developing the construction documents. Kathleen Anglo, TKDA presented the design showing the plaza's 60-foot revised design concept maintains the historic street grid of the commercial district, including 8' wide concrete sidewalk zone for lighting, signage, utilities, trees, plantings and drainage along the building fronts on each side of plaza; 8' wide "parking zone" for moveable chairs, permanent concrete and wood benches, and bike racks; 20' of clear space in the center for pedestrians, bicyclists, events, emergency and maintenance access; and a low planter. Councilmember Junker suggested a more prominent indicator that the bike trail goes north or south at the promenade roundabout; and Ms. Anglo offered trail and directional signage. Councilmember Odebrecht complemented the staff working on the new plan, and agreed there should be prominent signage. He expressed concern with the strength of the bollards stopping a speeding truck attack; and Ms. Anglo responded there are a number of designs with varying safety ratings. Mayor Kozlowski also liked the new design achieving all our aims, and was frustrated with all the work put into it originally as a pedestrian plaza, just to have make it look like a street. He asked if the difference between the two blockade perspectives were just the trees on one side; and Ms. Anglo answered it was just an option to replace the lights with banners. City Council Meeting March 2, 2021 On a question by Mayor Kozlowski about who plows and maintains the area; Public Works Director Sanders replied that the City would be responsible for all year maintenance. Councilmember Junker pointed out his disappointment of wasting a year on design efforts of a unique pedestrian plaza introducing the Lift Bridge, to have SHPO requirements turn it into a plank style paver street scape. Mayor Kozlowski inquired about the cost difference to the City between this design and the previous; and Ms. Anglo responded that is a little less expensive with concrete sidewalks. Councilmember Collins asked about the height differences with Main Street; and Ms. Anglo answered that the curbs and street would be at the same height as the sidewalk. Councilmember Polehna raised the issue of the safety of pedestrians versus speeding vehicular traffic, Water Street could be closed off at night, except for garbage and deliveries during the day. Mayor Kozlowski agreed and questioned if Water Street would be cut out to street level; and Ms. Anglo replied that it would be a ramp up to the sidewalk height, like a street wide speed bump. Mayor stated he wanted to look at a barricade that is possibly automatic, on a timer, so the city is not dropping off jersey barriers to close down the street. Councilmember Odebrecht proposed an option for more temporary pieces to bring it closer to the previous design. On a question by Councilmember Junker about the plan timeframe and next steps; Mr. Turnblad responded that staff would begin to design construction documents with bids in winter of'21 with construction in '22. Councilmember Polehna inquired about the pavers being pervious to help with the water issues in the downtown area; and Mr. Turnblad remarked a stormwater system is already in place however we could do plank paver without creating any kind of permeability. Council directed staff to design construction documents. Temporary Outdoor Sale Use Permit Extension Discussion Community Development Director Turnblad explained that Downtown business owners have asked if the City will extend its temporary outside seating area (OSA) policies into a second summer season. Mayor Kozlowski suggested to leave it open for City property and City Streets, and continue to work with agencies and keep the same OSA or close to the same. Councilmember Odebrecht queried if we have had an increase in problems downtown due to the OSA; and Police Chief Mueller answered that we have not. Councilmember Odebrecht then asked Robin Anthony from the Chamber of Commerce what the business community has said; and she answered that it is all good, and it is great idea to keep it going. Councilmember Junker commented that use of the parking spaces on Main Street probably should not be continued through 2021, as well as Ziggy's use of Washington County's property, and Myrtle Street with No Neck Tony's. He also implied that all the orange cones and barriers on Chestnut Street did not present very well. Page 2 of 11 City Council Meeting March 2, 2021 Mayor Kozlowski concurred and requested input and suggestions from Staff to make it better than the urgent reaction from last year. Public Works Director Sanders indicated that he spoke with the County and they are agreeable to closing Chestnut Street again this year, but only temporarily for the pandemic. Mayor Kozlowski suggested that we memorialize the City controlled properties for now, connect with business owners or Chamber of Commerce to see if there is a need for closing Chestnut Street again this year, and then present a better updated plan for the County if necessary. Councilmember Polehna complimented the business that painted the bollards and made it look presentable. He added this is not a permanent solution, but temporary. Mayor Kozlowski suggested keeping the option every year; and Councilmember Odebrecht concurred. Councilmember Polehna clarified items he is not in favor of, but referred to the downtown plan with bump outs for sidewalk cafes, so eventually more could be done. He added that Union Alley looked beautiful, but keeps hearing about not enough parking downtown. Councilmember Junker thought Myrtle Street and Nelson Alley closures should be looked at more carefully. Councilmember Junker raised the issue of businesses making money on public streets; and City Attorney Land spoke to allowing public space to private businesses, and suggested annual licensing for City property, that could be regulated or revoked. Councilmember Collins recommended continuing curbside pickup during pandemic and maybe in the future. Council consensus was to continue forward with the temporary OSA program during pandemic, and include plans for better safety; attractive standard of design; and an annual license to use City property. The use of Union Alley was an attractive idea; use of Myrtle Street needs closer review; Water Street closed off, and other city parking locations addressed. Mayor Kozlowski proposed consumption in Lowell Park allowable without a permit as a permanent item. Possible Curling_Faciliyv and Connector Addition at Recreation Center City Administrator McCarty reviewed a concept design process that creates a stakeholder group to define the scope of the project for approval by Council. Once the project scope is approved, funds can be raised to engage a consultant to develop cost estimates and develop a business pro forma for the curling center operations. Then the City can consider the next steps, such as development of a Memorandum of Understanding, fundraising models and full design process. Councilmember Odebrecht liked the approach, and cautioned to include 'shall haves' and 'shall have nots' to keep the pro forma in the black. Councilmember Junker posed the question of what are we really trying to do, bring curling to Stillwater, or is it a mini community center, with meeting rooms and fitness center, etc. Councilmember Odebrecht and Mayor Kozlowski support a third party to be involved. Page 3 of 11 City Council Meeting March 2, 2021 Councilmember Junker volunteered to be representative. Motion by Councilmember Polehna, seconded by Councilmember Collins to approve the concept design as presented. STAFF REPORTS Public Works Director Sanders informed that tree removal for the riverbank restoration project has been completed. Police Chief Mueller reported that training is being scheduled in response to the current State Statute changes regarding use of force and deadly force. He attended the Stillwater Human Rights Commission meeting and is looking forward to working them in the future. He gave an update on Mental Health Crisis response, averaging 1/day. Great job to Officers Lund and Frank on investigating thefts down by the Zephyr. Sgt. Julien provided positive outcome with a community member distrustful of police. SPD and State Chief's Association and surrounding PD's and Counties are prepared for upcoming trial in Minneapolis. Fire Chief Glaser stated there were 4 structure related fires in the last 9 days; 2 with auto mutual aid in Mahtomedi; 2 in Stillwater. He provided an update on the Emergency Preparedness Operations plan, and Civil disturbances preparation with the local agencies. He reminded the community that due to warming temps, please practice ice safety, and stay off all rivers and lakes. Community Development Director Turnblad announced that the Municipal Parking Ramp has free hourly parking. Monthly residential permits still require a fee. City Administrator McCarty informed Council that the State Budget and Economic forecast has plus $2.4 billion swing in estimates. Introduction of a bill in the House on a municipal street improvements and in the Senate to create a special taxing district for fire protection taxing districts. A number of individuals have been taking Government Alliance on Race and Equity (GARE) training. TIF District (Long Lake Villas) update where the City completed its payments to the Developer a couple years back, the Developer still believes they are entitled to more TIF increment expenditures. The City met with financial and legal advisors to ascertain that the City has upheld its obligation in the agreement, developer does not agree so will advise as further developments take place. Library Director stated a community survey is being conducted regarding the library's event wing. A program series on mental health with the National Alliance of Mental Illness available in March, April and May. As a Bird City, on March 10 the Library is partnering with AAUW and a local non-profit on a program called Tropical Wings, RECESS Mayor Kozlowski recessed the meeting at 5:58 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order via Zoom at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht and Polehna Absent: None Page 4 of 11 City Council Meeting March 2, 2021 Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf Community Development Director Turnblad Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders City Planner Wittman Assistant Engineer Abdullah PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Certificate of Achievement for Excellence in Financia] Reporting Mayor Kozlowski acknowledged a letter stating the City received a Government Finance Officers' Association Certificate for Excellence in Financial Reporting for its annual report for the fiscal year ending in 2019. Council commended the Finance Department for a job well done. Mayor Kozlowski read that the Census Bureau recognized Stillwater for having the highest response rate for the 2020 Census. Mayor Kozlowski recognized that Anne O'Brien requested to place blue ribbons and balloons downtown in City pots for March 9th "Light Up Blue" Day to recognize March as Colorectal Cancer Awareness month. Council approved. OPEN FORUM There were no public comments. CONSENT AGENDA. February 16, 2021 regular meeting minutes Payment of Bills Hauler Rolloff License for T & T Disposal Mutual Aid Agreement for Fire Services Ordinance 1160, Amending City Codes Section 41-2 Licensing of Tobacco Sales Ordinance 1161, Repealing City Code Section 56-2 Deferral of Special Assessment Resolution 2021-029, Resolution Amending Resolution 2021-002, Adopting 2021 Fee Schedule Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. Page 5 of 11 City Council Meeting March 2, 2021 PUBLIC HEARINGS CPC Case 2020-60 to consider a request by Joel Hauck and 200 Chestnut Partners, LLC, for a Conditional Use Permit. associated variances and an appeal to HPC's decision to not permit a 4th story on a proposed residential building in the Central Business Height Overlay Historic District at 200 Chestnut St E. City Planner Wittman expained the applicant is requesting consideration of a (1) Conditional Use Permit for 61 multi -family residences in a large building project in the CBD Zoning District; (2) a 35 space variance to the off-street parking and loading requirements; (3) a one-story variance to the three-story maximum height in the Central Business District Historic Height Overlay District; (4) a 11.5' variance to the 37' maximum allowable height in the Central Business District Historic Height Overlay District; (5) variances to the 20' (combined) side yard and 20' rear yard setback in the Central Business District; (6) appeal to conditional approval of design permit 2020-32; and (7) use permit approval for short term rental on the site. On a question by Councilmember Odebrecht regarding a fee for future parking in the garage, Ms. Wittman replied that the Downtown Parking Commission did not wish to waive the fees for the parking spaces, but could mitigate those fees at $10 per month. Mayor Kozlowski inquired about the side yard setback requirements in the Downtown area; and Ms. Wittman responded that rear setbacks were for parking and could be reevaluated in the future. Nick Walton, President of Reuter Walton Development described some background of the developers and overall design of the building; and Bob Loken of ESG Architecture & Design gave presentation of the project metrics and parking demand analysis. Mayor Kozlowski asked about the difference in parking; and Ms. Wittman assured the panel that we were in agreement with the new numbers from the initial 4 story design to the 3 story design after Heritage Preservation and Planning Commissions reviews and comments. Councilmember Collins confirmed that 3 units on the 4th floor are included in the new design; and Mr. Loken answered yes. Mayor Kozlowski raised traffic safety issues at that corner of 2nd and Myrtle; and Public Works Director Sanders replied there is little that can be done with those site lines; and Mr. Loken added that drivers will slow down. Councilmember Odebrecht questioned why the 4th story is needed; and Mr. Walton explained that the restrictions do not allow to go lower, evolution of the building, debt coverage to cover the mortgage, penthouse apartments cover the mortgage without it there is no project. Councilmember Junker asked for clarification of the potential for VRBO use and guest rooms. Mr. Walton answered that this issue was discussed between Downtown Parking Commission and Planning Commission and he is very open and flexible to what the City desires. He is used to 10% being short term rental; and would like to start with 2 guest rooms. Councilmember Odebrecht expressed that he is in favor of the flexibility it gives the community to have short term rentals. Page 6 of 11 City Council Meeting March 2, 2021 Mayor Kozlowski opened the public hearing. Kim Nelson, North Central States Regional Council of Carpenters who represent nearly 27,000 union members and their families, spoke in support of the project, the developer, and a 4th floor variance. Alon Ventura, owns 114 Main St N, voiced his support bringing more visitors to the businesses in the area. Roger Burnstrom, Abercrombie Ln, expressed support of the project; it is good for everybody. Paul Kaufer, Main Street South, asserted his support. Ann Martin, stated that she appreciates and approves the project, and would like softening with grace and greenery. Matt Wolf, Chestnut St E, conveyed that this project blocks their view and site lines of the river; does not fill the 3 prong test of a variance, and added parking mitigation and variance concerns. Mayor Kozlowski closed the public hearing. Mayor Kozlowski inquired about the Conditional Use Permit, if the project did not require variances, they could build this; and City Attorney Land stated that Conditional Uses are generally permitted. Mayor Kozlowski mentioned that we cannot deny a request if it is within in guidelines of the Zoning ordinances. He asked if the 3-prong test of a variance is met, can the request be denied; and City Attorney Land answered that it must meet the practical difficulties test. Mayor Kozlowski commented that is in favor of getting the corner cleaned up. He likes the idea of an additional apartment option in the City, and applauds the work of the developer; he would like to see more arches than straight lines, and parking addressed. Councilmember Polehna questioned if we could set up a downtown parking fund for a parking ramp across the street; and Ms. Land replied that you cannot make a developer pay for future public improvements. Setting up a fund for parking through some other revenue stream is great. Councilmember Junker concurred it would put a strain on parking, but of the three recent developments downtown, there was no hardship on the parking because they provided ample on -site parking. He feels this project will create a hardship. Mayor Kozlowski asked about the parking mitigation strategy; and Councilmember Junker answered that the Downtown Parking Commission did not set any terms. He added that 23 of these parking spaces are compact. Nick Walton responded to those issues that the 2 bedroom units would have 2 parking spaces, but the smaller single units are allotted less than 1, according to parking studies. Housing provides a balance of need at night that offsets the businesses that need the parking during the day. Councilmember Junker countered that the municipal ramp is not for overnight parking, and Shorty's Cleaners parking lot was developed for overflow parking for this project. Page 7 of 11 City Council Meeting March 2, 2021 Councilmember Odebrecht inquired about the 60 day rule on this project; and City Planner Wittman replied that the deadline is March 30th. Mayor Kozlowski asked for a map of the residential parking available in Downtown; and Mr. Turnblad will provide one. Mayor Kozlowski did not feel the facts would help mitigate this, but maybe coming back to the next meeting would allow them time for a review of residential parking and mitigation. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to table to the March 16 meeting. All in favor. CPC Case 2021-07 to consider an appeal by Jon and Ann Whitcomb for the re -consideration of a Variance to the Right of Way setback at 12950 75th St N. City Planner Wittman described the request of a 20' variance to the required 100' CR 12/75th Street North right-of-way setback. Councilmember Junker asked if the lot was developable; and Ms. Wittman answered that he could develop it with or without the variance. Mayor Kozlowski opened the public hearing. Jon Whitcomb spoke to the difference of the lots to east being narrower and smaller pads and the rest wider, variance to develop continuity. Mayor Kozlowski closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to approve. All in favor. CPC Case No 2019-25 to consider amending the City's sign regulations Community Development Director Turnblad explained that Staff was directed to restructure the ordinance analysis according to three options: (1) Adopt only those revisions not related to digital signage; (2) Non -digital revision PLUS a 50% option that would allow 50% of a permitted freestanding sign's surface area to be digital signage if the property is a single building with at least three tenants; and located along State Highway 36; or (3) Non -digital revisions PLUS a 50%/25% option that would allow 50% of a permitted freestanding sign's surface area to be digital signage if the property is a single building with at least three tenants; and located along State Highway 36; allow 25% of a permitted freestanding sign's surface area to be digital signage if the property is located within the BP-C, BP -I or BP-0 Zoning Districts. Councilmember Polehna expressed that it should be grandfathered in. Mayor Kozlowski asked if anyone had a problem with just digital text; and there was. Councilmember Junker questioned if the Mayor spoke with all of property owners at Valley Ridge Mall; and Mayor Kozlowski responded that he did and they do not care anymore, they collected the money, the pandemic hit, the funds were refunded. Mayor Kozlowski opened the public hearing. No comments were made. Mayor Kozlowski closed the public hearing. Page 8 of 11 City Council Meeting March 2, 2021 The Council consensus was to remove the language related to digital signage until an undetermined later date. Motion by Councilmember Collins, seconded by Councilmember Polehna, to approve the first reading of an Ordinance amending Stillwater City Code Chapter 31-101 regarding Zoning Definitions, amending Chapter 31-509 regarding Sign Regulations, and enacting Chapter 31- 505, subd. 3 regarding Garage Sale Signage. All in favor. UNFINISHED BUSINESS Name the Park for Aiple Property Public Works Director Sanders reminded Council of the Park Board's recommendation for the naming of two parks. 'Millbrook Field West' for the property at TH96 & Manning, and 'Old Mill Park' for the Aiple Property. Council decided to table the Park Board's recommendation in order to gain further input from the community. Submissions were received. The Park Board recommends Riverside Park as the new name for the Aiple property. Council reviewed and discussed several of the suggested names and determined to combine some suggestions to make one name for the park. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to approve the name Lumberjack Landing for the Aiple Property. Motion passed. Ayes: Councilmember Collins, Junker, Mayor Kozlowski Nays: Councilmember Polehna Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to approve the name Millbrook Field West for 96/Manning property. All in favor. NEW BUSINESS Michael Russ - Resubdivision to create a second parcel Community Development Director Turnblad relayed that the applicant is requesting approval of the resubdivision of the 15,000 square foot platted parcel at 819 William Street North, into two parcels: a 7,500 square foot parcel for the existing house and garage; and a 7,500 square foot vacant lot. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to approve. All in favor. Local Road Improvement Program Grant Public Works Director Sanders provided that this past Minnesota Legislative session, the Legislature approved $75M in funding for the Local Road Improvement Program, (LRIP), which provides funding for construction costs to counties, cities and township for certain road improvements, as long as they meet certain criteria. In looking at future projects, the extension/connection of Curve Crest Boulevard, in the southwest corner of the City would be a candidate for the LRIP. Construction cost is estimated at $1.8M, with $1.2M available to the City through the program if successful. Page 9 of 11 City Council Meeting March 2, 2021 Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2021-030, Resolution Approving LRIP Grant Submittal. All in favor. Plans and Specs for Rec Center Parking Lot Projeck Public Works Director Sanders described the St. Croix Valley sports complex parking lot built in 1997, and to assess the conditions of the parking lot. Two alternatives for improving the parking lot were provided. (1) remove/reclaim the full pavement, regrade and apply new pavement to the parking lot; (2) remove/reclaim full pavement sections consisting of 8 feet wide areas over the existing deep cracks, mill 1.5 inches of pavement over the other parts of the parking lot, and overlay the full parking lot with new layer(s) of pavement. In both options, damaged curbs would be repaired, and an extra catch basin would be added towards the southwest end of the parking lot. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adopt Resolution 2021-031, Approve Plans & Specifications and Ordering Advertisement for Bids for St. Croix Valley Sport Complex Parking Lot Improvement Project (Project 2021-04) Plans and Specs for 2021 Street Improvement Project Public Works Director Sanders explained that at the last Council meeting, a public hearing was held for the 2021 Street Improvement Project. During the public hearing, property owners along Maryknoll Drive expressed concern about the increase in traffic, speed, and overall pedestrian safety on the street. Staff has begun to look at traffic calming measures, but felt the first step is to obtain data on volume and speed on the street. This will be done in the spring, when the weather is more appropriate to do such study. When the data is obtained, staff recommends meeting with the neighborhood to discuss potential traffic calming measures, including Chokers (bump - outs), diverters, traffic circles, speed humps, display signs, etc. Staff feels that this ongoing discussion would continue, and that any measures taken would not hold up or delay the project. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2021-032, Approve Plans & Specifications and Ordering Advertisement for Bids for 2021 Street Improvement Project (Project 2021-02). All in favor. Lake Elmo Airport Commission Representative Selection City Administrator McCarty indicated that the City of Stillwater has received an invitation from the Metropolitan Airports Commission (MAC) to participate as a member of the newly created Lake Elmo Airport Advisory Commission. As a Commission member, the City Council can appoint a primary representative and an alternate to serve on the Commission for a two-year term. The first Commission meeting is expected to be held during the 2nd quarter of 2021, and thereafter expects to meet quarterly. Staff recommends that the City Council name a Councilmember to the Lake Elmo Airport Advisory Commission, as the primary representative to the Commission and naming the Community Development Director as the alternative representative for the City. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2021-033, Resolution Authorizing Participation in the Lake Elmo Airport Advisory Page 10 of 11 City Council Meeting March 2, 2021 Commission and Appointing a Primary and Alternative Representative from the City to the Commission. All in favor. Landucci Homes pending apartment project - 3rd and Myrtle (information only), Community Development Director Turnblad appraised Council of a land use application which involves the possibility of developing City owned land that incorporates the City parking ramp retaining wall. COUNCIL REQUEST ITEMS There were no council request items. ADJOURNMENT Motion by Councilmember Dunker, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourned at 9:36 p.m. Ted Kozlowski, Mayor ATTES Beth Wolf, City Clerk Resolution 2021-029, Resolution Amending Resolution 2021-002, Adopting 2021 Fee Schedule Resolution 2021-030, Resolution Approving LRIP Grant Submittal Resolution 2021-031, Approve Plans & Specifications and Ordering Advertisement for Bids for St. Croix Valley Sport Complex Parking Lot Improvement Project (Project 2021-04) Resolution 2021-032, Approve Plans & Specifications and Ordering Advertisement for Bids for 2021 Street Improvement Project (Project 2021-02) Resolution 2021-033, Resolution Authorizing Participation in the Lake Elmo Airport Advisory Commission and Appointing a Primary and Alternative Representative from the City to the Commission Ordinance 1160, Amending City Code, Section 41-2, Licensing of Tobacco Sales Ordinance 1161, Repealing City Code, Section 56-2, Deferral of Special Assessment Page 11 of 11