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HomeMy WebLinkAbout2021-03-16 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 16, 2021 REGULAR 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, 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 PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Mayor Kozlowski announced that CPC Case 2020-60, 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 at 200 Chestnut St E, has been pulled from the agenda at the request of the developer and will be on a future Council meeting agenda. RECOGNITIONS OR PRESENTATIONS Proclamation - Athlete Anthony Nelson Councilmember Polehna read a proclamation recognizing Anthony Nelson, a member of the Tampa Bay Buccaneers Football Team, 2021 Super Bowl Champions, grandson of Stillwater resident Jerry Nelson, and son of former Stillwater graduate and athletic standout out Jeff Nelson. Proclamation - Colorectal Cancer Awareness Month Mayor Kozlowski read a Proclamation designating March 2021 as Colorectal Cancer Awareness Month. Proclamation - Chris Rigney Retirement Mayor Kozlowski read a Proclamation recognizing Firefighter Chris Rigney on his retirement after ten years of service to the City. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2021-034, Chris Rigney Retirement. All in favor. City Council Meeting March 2, 2021 Proclamation - Jon Bell Retirement Mayor Kozlowski read a Proclamation honoring Firefighter Jon Bell on his retirement after 35 years of service to the City. Fire Chief Glaser recognized Mr. Rigney and Mr. Bell's combined 45 years of experience. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2021-035, Jon Bell Retirement. All in favor. OPEN FORUM There were no public comments. STAFF REPORTS Police Chief Mueller responded to a question stating that Stillwater Police Officers carry Naloxone to help save lives after overdose. There has been no fallout from the Minneapolis Chauvin trial. He is monitoring legislative changes that could affect Police Department activities. Two new officers and a Data Specialist have been hired. Finance Director Provos stated the Finance Department has heard nothing definitive about the American Rescue Plan Act of 2021, the new COVID relief package. City Clerk Wolf noted that property owners with questions about the market value of their property may attend Washington County's Open Book meetings on April 21 and 22. City Administrator McCarty reported there are funds within the new Federal COVID relief package for state and local governments but no details have been provided yet. Governor Walz's latest Executive Order will allow a number of operations to expand capacity. CONSENT AGENDA March 2, 2021 regular and recessed meeting minutes Payment of Bills Ordinance No. 1162 , 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 (CPC Case No 2019-25) Resolution 2021-036, Approving the Cost Share Agreement between the Brown's Creek Watershed District and the City of Stillwater for Lake McKusick Sediment Removal Project (Project 2020-08) Resolution 2021-037, Approving Rate Increase for Recording Secretary Sanitary Sewer Manhole Inspection Project Resolution 2021-038, Resolution Supporting Development of a Complete Streets Policy for the City of Stillwater Cooperative Agreement between the City of Stillwater and Washington County for construction costs of an interchange on Trunk Highway (TH) 36 at Manning Avenue/County State Aid Highway (CSAH) 15 Resolution 2021-039, A Resolution Approving a Right -of -Way Setback Variance Application for the Property located at 12950 75th Street North (CPC Case No. 2021- 07) Page 2 of 10 City Council Meeting March 2, 2021 Resolution 2021-040, A Resolution Approving the Resubdivision of Lots 2-3, Block 12, Staples and May's Addition (Case No. 2021-02) Utilities Commission Appointment of Heidi Hutter Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS PC Case 2 21-03 and Case 2 21-1 t consider a r f r an 11-L Pi liminar P]at Concept Planned Unit Development. Rezoning from AP to RB PUD, and an appeal request by Todd Ganz. Integrity Land Development for the Planning Commission's denial of a variance from the required 100-foot setback from Hwy 96. Property located at 13187 DelIwood Rd. Community Development Director Turnblad reviewed the case. Todd Ganz, Integrity Land Development, LLC, is proposing to develop 4.19 acres of land that currently includes two parcels with a home on each. These parcels are located at 13187 Dellwood Road North (State Hwy 96) and 2384 Oak Glen Trail. About half of the property (2.02 acres) lies within the Natural Environment Shoreland District of South Twin Lake. On these 2.02 acres, development must either be on one acre lots or must occur as a Shoreland Planned Unit Development (PUD). The developer has chosen to develop the entire site as a PUD, and the western 2.02 acres according to Shoreland PUD standards. The applicant has requested the following of the City Council: 1) Rezone the property at 13187 Dellwood Road from AP, Agricultural Preservation to RB, Two -Family Residential; 2) Concept PUD approval for a 12- lot development plan (includes both parcels); 3) Preliminary Plat approval of Heifort Hills Estate 2nd Addition, an 11-lot residential development (not including the existing lot at 2384 Oak Glen Trail, which is already platted); and 4) appeal of variance denied by the Planning Commission for 60-foot setback from State Highway 96 in order to build new houses as close as 60 feet to the standardized right-of-way, whereas 100 feet is required. Access is the most complicated aspect of this project. MnDOT will allow the existing access on Highway 96 to remain, but only one additional house may use this driveway. Given that the eastbound right turn lane into Oak Glen Trail begins right where the driveway intersects with the highway, MnDOT would prefer that the existing drive be eliminated. Since no additional access is allowed onto Highway 96, an alternate access point would be needed to develop the property. To accomplish this, the developer has acquired control of the Oak Glen Trail lot. He proposes to align the private road past the existing house at 2384 Oak Glen Trail where the road will be 20 feet wide, which is the minimum required by the Fire Department for fire access. On the south side, between the edge of the hardscape and the edge of the house there will be a six foot wide engineered surface that will bear the weight of heavy vehicles and which can be plowed, but allows the grass to grow through. The hammerhead turnaround at the end of the road meets fire safety standards. The southern portion of it is also made of the engineered grass surface material. The normal minimum distance between centerlines of offset legs of an intersection is 150 feet. The proposed offset is only about 30 feet. As a PUD, this project may utilize alternate road design standards, but the alternate design still must be safe. According to a Traffic Impact Study prepared by the City's consulting traffic engineer (SRF), the combination of Swenson Street, the proposed private access roadway (Neal Court) and residential driveways on Oak Glen Trail creates numerous driver decision/vehicle conflict points in rapid succession on Oak Glen Trail, a 30 mph local Page 3 of 10 City Council Meeting March 2, 2021 roadway. A safer intersection alignment is proposed by City staff, which represents the midway point between Swenson Street and Oak Glen Lane to its south. The disadvantage of the safer alignment is that the house at 2384 Oak Glen Trail would have to be moved or demolished. The Planning Commission denied the variance request and the developer has appealed the decision to the City Council. City staff recommends denial of the development as proposed with the private road north of the home on 2384 Oak Glen Trail. If the Council wishes to approve the development with a condition to relocate the private road per the recommendation of SRF, then staff recommends attaching 18 conditions. Mayor Kozlowski asked how a road can be built between two houses without setback variances; and Mr. Turnblad answered that if this were a standard development, not a PUD, a 40 foot setback from the back of a curb to the edge of a house would be required. PUD regulations by definition are more flexible. Councilmember Junker inquired if the private driveway coming off Highway 96 which serves one house, would become a private road; and Mr. Turnblad replied up to two homes are allowed per driveway before it is required to be built as a street. Councilmember Collins questioned if the City has previously allowed a house to be torn down so a road could be built connecting one neighborhood to another; and Mr. Turnblad responded that he is not certain, but in principle there is nothing within the subdivision standards that would prohibit it. Councilmember Odebrecht asked if grass-crete is used anywhere else in the City; and Mr. Turnblad answered that in some places, similar systems have been used, for instance on a driveway off Myrtle near Len's and in Lowell Park near the pavilion and amphitheater. Councilmember Polehna added that Bradshaw funeral home uses it in their parking lots. Mayor Kozlowski opened the public hearing. Paul Giordano, 2444 Oak Glen Trail, asked how the proposed roadway to Highway 96 could be allowed to be built right on top of the house next to him, which as part of Oak Glen would require a 40 foot setback according to Oak Glen development specifications. It would be a narrow road with a blind left turn and a road running right next to an Oak Glen house. He feels the quality of the neighborhood and safety of children playing in backyards will change dramatically if the road is put in. Rose Giordano, 2444 Oak Glen Trail, voiced concern that Oak Glen Trail, Oak Glen Lane and maybe Swenson would become a parking lot and that with no sidewalks, people will cut through the yards making property owners liable if somebody gets hurt. She strongly objects to the proposal. Peter Mayer, 2389 Oak Glen Trail, across from the proposed access road, stated none of the neighbors want the road. Oak Glen has no sidewalks, no parks, playgrounds or public spaces. Connecting this road to an already busy street would only add to this problem and put four traffic intersections within 150 feet of his home. He quoted City Code stating that streets will not be designed in a way to cause hardship to adjacent properties. He urged the Council to deny the proposal. Page 4 of 10 City Council Meeting March 2, 2021 Beth Harrison, 2389 Oak Glen Trail, requested that the Council uphold the Planning Commission's decision, deny the rezoning, deny the requested PUD and deny the setback variance. The proposed road would be too close to the existing house and would significantly impact the neighborhood. She quoted Subdivision Code and cited the traffic study referencing numerous driver decision points. The new road would pose an increased risk of injury and decreased safety, livability and property value in neighborhood. Practical difficulty is not met and granting the variance would cause a precedent. She presented a petition with 53 signatures from 35 houses against the proposal. Diana Middleton, 9142 Newgate Avenue North, stated the proposed lots would back up to her property. Per MnDOT regulations, the access to Highway 96 may only have one additional house. She feels the one remaining allowable access point must be reserved for her property. She added that behind Lots 2 and 3 there appears to be significant regrading. She asked how the developers will build a structurally sound holding pond on a level surface. She cited concerns about drainage, fence lines, setbacks, and increased traffic. Caitlin Mejia, 2370 Oak Glen Trail, who lives next to the house that would be moved or demolished, commented this development would drastically change the neighborhood and set a precedent. Punching a street through doesn't seem like the right answer. She stated the reason why there are so many homes going into this area is because the Comprehensive Plan deemed that space for mid density housing. However now that it has been boxed in and there are no access roads, that zoning seems unreasonable because the road system doesn't support it. She has safety concerns for neighborhood children. She asked Council to deny the request. Ms. Middleton's brother (no name given) clarified Ms. Middleton's question about a silt fence. Dan & Amy Stoffer, 2003 Swenson Street, asked the Council to deny the rezoning, PUD and Preliminary Plat and to deny the setback variance to Highway 96. They are concerned about safety and excessive traffic. Because there is no spot for kids in the neighborhood to play, they play in the streets. The proposed addition would harm the look, feel and livability of the Oak Glen neighborhood and likely decrease home values. There is already too much new development. This development doesn't make sense. Gary Gerds, 2270 Oak Glen Court, reviewed a letter he sent to the Council. He asked previously if there is a precedent for doing this and was told no by Mr. Turnblad. Planning Department staff told him this is the most complex request for a variance they have ever dealt with due to the number of requested variances. He feels it is unreasonable and alters the essential character of the neighborhood. Because there are no sidewalks in Oak Glen, the street has pedestrians, joggers, kids, and baby carriages. The proposal disregards engineering requirements with the 26 foot wide permeable surface; other such surfaces in the City are not streets. The dispensation of the existing residence at 2384 Oak Glen Trail is unclear. He remarked the Comprehensive Plan was not voted on by residents. Conforming to the Comprehensive Plan sacrifices the wellbeing of the residents of Oak Glen. He understands that apparently Mr. Ganz was able to pay an additional $20,000 to avoid having recreational space within this planned community. He feels the developer has a willful disregard for environmental considerations because of clear cutting to Heifort Pond. Page 5 of 10 City Council Meeting March 2, 2021 Bryce Erban, 2241 Oak Glen Trail, expressed health, safety and welfare concerns. Regarding the request for 18 variances, it is the developers' and architects' duty to try to conform to existing zoning requirements. The proposed road with 112 cars coming out of essentially a driveway between houses detracts from safety of the neighborhood, lowers Oak Glen property values, and sets a precedent. Gregg & Jenise Howard, 2351 Oak Glen Trail, stated having kids riding bikes is already stressful enough without worrying about 112 new cars coming through. They urged the Council to uphold the Planning Commission's recommendation. Dario Mejia, 2370 Oak Glen Trail, noted the sacred land was originally owned by Native Americans. It is important to continue to use land thoughtfully. He agreed with comments voiced by neighbors. Mayor Kozlowski closed the public hearing. He clarified the assumption in some of the emails he received that it is not the City Council's main focus to jam as many people into the City as possible. The Council's job is not to help developers make money, and staff is not working on behalf of developers. Zoning laws are set during the City's 10-year comprehensive planning process which is done with as much community input as possible, is well promoted and well publicized. Most of the property involved was part of a 30+ year orderly annexation agreement, so it should not be a great surprise that development is occurring. He takes issue with the assertion that Councilmembers do not care about the residents' input. He agreed with the neighbors that this proposal does not fit, but added that planned unit developments need to have flexibility. Variances do not set precedent or give anyone else a right to be granted that same variance. Councilmember Polehna stated he believes in landowners' rights, but proposals also must meet City Code and standards. He is not supportive of a variance for something like this. Councilmember Odebrecht noted there are too many issues with the proposal. The petition confirms that every property owner surrounding the site opposes it. The site would be effectively joining Oak Glen and would clearly change the essential character of the neighborhood. He would not support the proposed access, the hammerhead, or the proposed pervious surface. There is no hardship that justifies a variance. Councilmember Junker agreed that the proposed access road will not fit in this neighborhood. He cannot support the hammerhead at the end or the setback variance, nor trying to cram another nine units into an established neighborhood without sidewalks. Councilmember Collins pointed out that it is absurd to demolish a house to run a road from one development to another. The neighbors' health, safety and welfare concerns are legitimate. He added that the Planning Commission rarely denies something unanimously. Motion by Councilmember Collins, seconded by Councilmember Polehna, to deny the project. Councilmember Odebrecht suggested denial with prejudice to give the developer time to work with neighbors and iron out a design that makes more sense. Mayor Kozlowski and Councilmember Polehna stated they would not support denial with prejudice. The developer should come back with a totally different plan. Page 6 of 10 City Council Meeting March 2, 2021 City Attorney Land pointed out that a resolution was included in the packet denying all the applications. The Council may adopt that resolution as opposed to a blanket denial. Councilmember Odebrecht rescinded his motion. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2021-041, a resolution denying Concept Planned Unit Development, Preliminary Plat and Variance for Heifort Hills Estate 2nd Addition (Case 2021-03). All in favor. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to deny the rezoning of the property at 13187 Dellwood Road from AP, Agricultural Preservation to RB, Two -Family Residential. All in favor. UNFINISHED BUSINESS Creating Stakeholder Group for Expansion to St. Croix Rec Center City Administrator McCarty presented a resolution creating a stakeholder group to define the scope of a possible curling facility at the St. Croix Rec Center. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2021-042, Creating a Stakeholder Group to Define the Scope of a Possible Curling Facility and Connector Addition on the St. Croix Valley Recreation Center Site. All in favor. Financing Bid for Ameresco's Energy Efficient Improvement Project Mr. McCarty explained that Ameresco, Inc. completed an energy assessment and energy audit of City facilities in 2020 and identified lighting improvements at the St. Croix Valley Recreation Center, Lily Lake Ice Arena and the City Fire Station that will result in reduced energy costs for the City. Ameresco conducted a Financing RFP on behalf of the City in February 2021 for the energy efficiency projects in the amount of $219,480. First State Bank & Trust submitted the lowest responsible bid for funding the project. The energy savings in electrical cost will pay for the annual cost of the loan. Should the energy savings be short of the cost of the loan, Ameresco must cover the difference. Staff recommends the Council adopt a Resolution approving a financing bid from First State Bank. Mayor Kozlowski asked when the lights will be swapped out at the Rec Center; and Eric Laumeyer, Ameresco, answered that the project can begin by early April and be completed in 4-6 weeks. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2021-043, Approving a Financing Bid from First State Bank and Trust in the Amount of $219,480 for an Energy Efficiency Improvement Project for City Facilities Pursuant to the Energy Services Agreement between the City of Stillwater and Ameresco, Inc. All in favor. Temporary Outdoor Use Sales Permit Extension Community Development Turnblad explained that with COVID-19 impacting a second summer season, downtown business owners are asking if the City would have its outside seating/sales area (OSA) program again. Consequently, the City Council directed staff to renew the temporary OSA policies from last summer as much as possible. Staff asks the Council to consider: 1) adopting a resolution renewing the temporary OSA program; and 2) Page 7 of 10 City Council Meeting March 2, 2021 voting to extend the open bottle policy in Lowell Park through this summer season. He highlighted two changes: MnDOT does not allow commerce on State Highways. The executive order that allowed it last year is not in force now so there will not be parklets or seating on Main Street. However staff believes, in discussion with MnDOT, that permits might be allowed to be issued for curbside spaces for Main Street businesses. Another change is that public safety staff feel Myrtle Street speeds are too high for parklets on Myrtle Street. Mayor Kozlowski asked if the resolution might be worded so that if public safety OKs it, parklets on Myrtle would be allowed; and Mr. Turnblad answered staff can discuss that and can always amend the resolution in the future. He stated the final difference is that public works staff believe Nelson Alley is not wide enough for two way traffic plus parklets, and therefore suggests making Nelson one way westbound while this program is in force. Councilmember Junker and Mayor Kozlowski noted possible safety issues at the right turn onto Nelson from Main if there is no longer a parklet on Main at that corner.; and Mr. Turnblad replied staff can discuss that specific site when an application is received. Mayor Kozlowski requested that staff also consider ways that businesses may share some of these spaces where it is conducive; and Mr. Turnblad replied staff can work with business to facilitate sharing of the spaces, but for liquor licenses, by law the space must still be contiguous to the business. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2021-044, a Resolution Approving Temporary Waiver of City Code Permit & Zoning Requirements to Promote Business Activities During the COVID-19 Health Pandemic. All in favor. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to convert Nelson Alley to be one way westbound traffic through October 31, and to allow the open container policy to be continued in Lowell Park to October 31. All in favor. NEW BUSINESS Parking Mitigation Fees Community Development Director Turnblad reported that the Council suspended invoicing for parking mitigation fees through May 31, but clarification is needed whether monthly residential and business parking permits should also be suspended through May 31. Motion by Councilmember Junker, seconded by Councilmember Polehna, to start charging again for parking mitigation fees. All in favor. Potential Hosting of the Wo_ d Snow Sculpting Championship Event Councilmember Polehna presented a proposal for Stillwater to host the first ever World Snow Sculpting Championship Event in 2022. The Chamber would coordinate the event. It would be a three-year commitment. Motion by Councilmember Polehna, seconded by Councilmember Collins, to approve supporting the Chamber to bring the first World Snow Sculpting Championship event to Stillwater. All in favor. Page 8 of 10 City Council Meeting March 2, 2021 COUNCIL REQUEST ITEMS There were no Council request items. CLOSED SESSION Motion by Councilmember Collins, seconded by Councilmember Polehna, to adjourn to Closed Session Pursuant to Minn. Stat. §13D.05, Subd. 3(b) for confidential attorney -client discussion regarding pending litigation in the eminent domain matter City of Stillwater v. John M. Ustipak, et al. All in favor. The meeting was adjourned to closed session at 9:25 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna. Also present: City Administrator McCarty, City Attorney Mikhail, Public Works Director Sanders. Motion by Councilmember Collins, seconded by Councilmember Polehna, to reopen the meeting. All in favor. The meeting was reopened at 9:36 p.m. ADJOURNMENT Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adjourn. The meeting was adjourned at 9:37 p.m. Ted Xozl owski, Mayor ATTES / i Beth Wolf, City Cler • Resolution 2021-034, Chris Rigney Retirement Resolution 2021-035, Jon Bell Retirement Resolution 2021-036, Approving the Cost Share Agreement between the Brown's Creek Watershed District and the City of Stillwater for Lake McKusick Sediment Removal Project (Project 2020-08) Resolution 2021-037, Approving Rate Increase for Recording Secretary Resolution 2021-038, Resolution Supporting Development of a Complete Streets Policy for the City of Stillwater Resolution 2021-039, A Resolution Approving a Right -of -Way Setback Variance Application for the Property located at 12950 75th Street North (CPC Case No. 2021-07) Resolution 2021-040, A Resolution Approving the Resubdivision of Lots 2-3, Block 12, Staples and May's Addition (Case No. 2021-02) Resolution 2021-041, a resolution denying Concept Planned Unit Development, Preliminary Plat and Variance for Heifort Hills Estate 2nd Addition (Case 2021-03) Page 9 of 10 City Council Meeting March 2, 2021 Resolution 2021-042, Creating a Stakeholder Group to Define the Scope of a Possible Curling Facility and Connector Addition on the St. Croix Valley Recreation Center Site Resolution 2021-043, Approving a Financing Bid from First State Bank and Trust in the Amount of $219,480 for an Energy Efficiency Improvement Project for City Facilities Pursuant to the Energy Services Agreement between the City of Stillwater and Ameresco, Inc. Resolution 2021-044, a Resolution Approving Temporary Waiver of City Code Permit & Zoning Requirements to Promote Business Activities During the COVID-19 Health Pandemic Ordinance 1162, 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 Page 10of10