Loading...
HomeMy WebLinkAbout2021-06-15 CC MINStillwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES June 15, 2021 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order via Zoom at 7:04 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf City Planner Wittman 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. RECOGNITIONS OR PRESENTATIONS Audubon presents Bird City Award Rob Schultz, Vice President of the National Audubon Society for the Upper Midwest, presented Stillwater as Minnesota's eighth Bird City. He explained the Bird City recognition program and named all the volunteers involved. Proclamation - SAHS Girls Synchronized Swimming Team Mayor Kozlowski read a proclamation recognizing the accomplishments of the SAHS Girls Synchronized Swimming Team, which won the 2021 Minnesota State High School 4A Championship Title. Council Service Awards to Stillwater Fire and Police Department. Bayport Fire and Police Department, Oak Park Heights Police Department, Hugo Fire Department. Washington County Sheriffs Office. Lakeview Hospital Ambulance. School District #834 Staff, and Cader Howard, First Presbyterian Church for participating in the Stillwater Area High School Class of 2021 Graduation Parade Mayor Kozlowski thanked the groups and individuals that supported the SAHS Class of 2021 by participating in the Graduation Parade. Certificate of Appreciation Retirement for Jim Tibbetts, Water Department Supervisor The Council recognized Jim Tibbetts on his retirement as Water Department Supervisor after 211 years. City Council Meeting June 15, 2021 Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2021-078, Certificate of Appreciation Retirement for Jim Tibbetts, Water Department Supervisor. All in favor. OPEN FORUM There were no public comments. STAFF REPORTS Police Chief Mueller stated a lot of traffic is being redirected due to construction, so drivers should slow down. The Department is participating in upcoming events, including a catalytic converter theft prevention event. The 34th MP Company is returning June 19. Fire Chief Glaser shared safety updates, upcoming events, and firefighter hiring progress. He reported that there were four deaths by drowning over the weekend. The DNR has declared high fire danger risk. The Mayor cautioned that the river is at its lowest in 30 years. City Administrator McCarty updated the Council on the July 4th event. He reminded the Council of the Strategic Planning session July 8. The 2022 budget process will start soon. The Donate Life City designation is in process. Councilmember Odebrecht added that Stillwater will be the first Donate Life City in the nation. CONSENT AGENDA June 1, 2021 regular, recessed and closed session meeting minutes Payment of Bills DNR Grant Contract for Buckthorn Removal Project Lily Lake Water Quality Improvement Project Maple Island 4th of July Event Permit Maple Island Bands for the Brave Event Permit Ordinance 1168 — An Ordinance Amending the Stillwater City Code Section 31-300 Establishment of Districts by Rezoning 2.33 Acres to RA: One -Family Residential, Property Located at 7959 Neal Ave N. On -Sale Liquor License with Sunday Sales for Rusty Mile LLC Resolution 2021-079, Approving Participation in Minnesota Performance Measurement System Program Sanitary Sewer Adjustment Stillwater Area Hockey Association Gambling Permit at Lift Bridge Brewery Utilities Commission Reappointment Wine with Strong Beer Liquor License for Cafezinho Fireworks Permit for Dollar Tree Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case No. 2021-30 Request for a Zoning Text Amendment for the creation of a Neighborhood Commercial Zoning District. CPC Case No. 2021-30 was pulled from the agenda. Page 2 of 6 City Council Meeting June 15, 2021 UNFINISHED BUSINESS Central Commons Tax Abatement. Development Agreement, and Tax Assessment City Administrator McCarty stated that Central Commons, LLC, the owner of the 35.3-acre property at the southeast quadrant of Manning Avenue and State Highway 36, received approval to develop the property as a mixed use Planned Unit Development (PUD) project over several phases. The first phase will be synchronized with the construction of the new grade separated interchange at Highway 36 and Manning Avenue. The City Council approved the final plat and final PUD for Phase 1 of Central Commons on November 17, 2020. In order to develop Central Commons Addition, a number of public infrastructure improvements are required, including the grade separated interchange at Manning Avenue and State Highway 36; the frontage road connecting St Croix Trail with Manning Avenue; an oversized stormwater treatment pond; and the extension of trunk sewer and water from their current terminus at Curve Crest Boulevard to the perimeter of Central Commons Addition. Each of these incur costs that are not customarily borne by the developer. To help address these extra costs, the City Council noted in a pre -annexation agreement with the developer that the City would consider tax abatement and development fee waiver proposals from the developer. The general financing scenario envisioned for the public improvements is that tax abatement and development fee waivers would off -set non - customary costs to Central Commons Addition. Prior to drafting the tax abatement agreement, a committee of two Councilmembers, several staff members and consultants reviewed the developer's request and made a recommendation on broad terms of the agreement. Staff recommends that the City Council adopt a Resolution Approving the Development Agreement and Assessment Agreement with Central Commons, LLC; adopt a Resolution Approving Property Tax Abatements with Central Commons, LLC; adopt a Resolution Approving the Tax Abatement Agreement with Central Commons, LLC; and approve the final Development Agreement, Tax Abatement Agreement and Tax Assessment Agreement between the City of Stillwater and Central Commons, LLC. Councilmember Junker asked, if for some reason this property gets sold in a shorter period of time, what happens with the tax abatement agreement; and City Attorney Land answered that the Development Agreement, Assessment Agreement and Tax Abatement Agreement all get recorded against all the development property. If sold, the new owner takes ownership subject to these agreements. Written into the agreements is the ability for a new owner to negotiate with the City to not take on some of the tax abatement as part of the sale. Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve Resolution 2021-080, Resolution Approving the Development Agreement and Assessment Agreement with Central Commons, LLC for the Plat of Central Commons Addition; Resolution 2021-081, Resolution Approving Tax Abatement Agreement between City of Stillwater and Central Commons, LLC; and Resolution 2021-082, Resolution Approving Property Tax Abatements. All in favor. Page 3 of 6 City Council Meeting June 15, 2021 NEW BUSINESS St Croix Rec Center Sealcoating & Tuck -pointing Project Doug Brady, St. Croix Recreation Center Director, presented a request to expend funds to have sealant replaced between the precast panels, and treat the panels for water repellency. Staff recommends approval at a cost of $47,920. City Administrator McCarty noted that the Rec Center fund balance is healthy because the center continues to operate in the black. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2021-083, Accepting Proposal of Right -Way Caulking, Inc. in the amount of $47,920 and Approving Utilization of Recreation Center Fund Balance for Payment of Recreation Center Caulking and Sealcoating Capital Project. All in favor. 'I'he Lumberjack Acoustic in the Alley Event Sara Jespersen, The Lumberjack, explained her successful efforts to clean up Union Alley, and reviewed her application for an event permit for Acoustic in the Alley. She is proposing to have live acoustic music in the North end of Union Alley involving single artist performers with low amplification, every Thursday from 6-9 p.m., June through September 2021. The estimated attendance would be 10-30 people. City Administrator McCarty stated Ms. Jespersen has requested to block off the alley in the past and this was approved by Council in May of 2020. One of the conditions of approval for issuance of the previously approved Outdoor Seating Area permit was no live entertainment or sound amplification is allowed in the outdoor seating area. It would be inconsistent for the City to authorize live outdoor amplified music via this event permit process, when a previously issued permit specifically did not allow outdoor music. Further, outdoor music (live or amplified) potentially negatively impacts residential neighbors of the outdoor space. Therefore staff recommends denial of the permit. Mayor Kozlowski asked how this differs from other event permits the City issues for Lowell Park, for instance, and how approval could be given without conflicting with the Outdoor Seating Area permit; Mr. McCarty replied this is different because it is tied into the Outdoor Seating Area permit which is on public, not private, property. Each establishment needed to apply for and receive a separate Outdoor Seating Area permit. Regardless of shared property space, the Council approved each one separately. Mayor Kozlowski stated he would support anything to keep the alley from turning back into garbage alley. He is not worried about setting a precedent because this request represents five businesses collectively. He feels it is reasonable and the Council has the ability to rescind the permission if it becomes an issue. Councilmember Junker applauded Ms. Jespersen for leading the effort to clean up the alley and for reaching out to every neighbor to get their approval for this. However the Council approved an outdoor patio two months ago a half block away, with a condition prohibiting amplified music. He has an issue with some establishments downtown that have extremely loud music on their own property generating complaints. He wants to view these requests consistently. He agrees with the staff recommendation to deny this application. Page 4 of 6 City Council Meeting June 15, 2021 Mayor Kozlowski agreed consistency is important, but he believes the environments on the alley versus Myrtle Street are dramatically different. He does not think this event will create a problem or generate complaints. He would like to direct staff to figure out a way to write these types of permits so they make sense. Councilmember Collins asked if there is any way to do a test run for a month to see what issues may arise. Councilmember Polehna commended Ms. Jespersen on her community support. Personally he does not have a problem with the request, but he is against allowing private businesses to use public property. He would like to figure out how she could contain the event on her own property. Councilmember Junker added that the Council has a lot of work ahead to consider use of public and private spaces post-COVID for the summer of 2022. Ms. Jespersen responded that she invested time and resources to clean up the alley when others stated the City should take care of it. She would be willing to pay for this opportunity if it is fair and equitable. She understands the conflict and would like to be flexible and keep making improvements there. Councilmember Odebrecht commended Ms. Jespersen on the clean-up. He would love to support the request, but sees the same challenges as other Councilmembers. Motion by Mayor Kozlowski to approve the event permit for Acoustic in the Alley for this year, and direct staff to work on including outdoor amplified and non -amplified music in the policies and procedures for the post -pandemic rule changes, using this as an example of one of the issues the City is facing. Councilmember Collins asked if there is room for the event on The Lumberjack property; and Ms. Jespersen replied there is a place, but the servers would not be able to get around it. Having it on her property would not benefit the other businesses. Mayor Kozlowski's motion failed for lack of a second. He remade the motion. The motion again failed for lack of a second. Councilmember Polehna asked about a motion to table the application; and City Planner Wittman answered that Ms. Jespersen has also applied for a use permit amendment to allow for piped music onto her patio. Staff has discussed an alternative use permit to put a musician on her patio, but there are a lot of conflicting uses which make approval of a use permit more complicated. Alternatives are being explored. Motion by Councilmember Junker, seconded by Councilmember Polehna, to deny The Lumberjack in the Alley Acoustic Event. Motion passed 4-1 with Mayor Kozlowski voting nay. Riverbank Stabilization and Riverwail< Project Approval of Plans & Specs and Advertise for Bids Public Works Director Sanders stated that the City received permit approval from the US Army Corps of Engineers for the Riverbank Stabilization and Riverwalk Project. AMI Consulting has completed the plans and specifications and the City is ready to advertise for bids. Bids will be opened on July 15, awarded at the July 20 meeting and construction will begin in August. The majority of the work will be completed by the spring of 2022, with the Page 5 of 6 City Council Meeting June 15, 2021 exception of the restoration and possibly trail paving. Work will not commence on the property south of Nelson Street, until easements have been acquired. Staff recommends the Council approve the plans and specifications and authorize advertisement for bids for the Riverbank Stabilization and Riverwalk Project, Project 2016-06. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2021-084, Approve Plans & Specifications and Ordering Advertisement for Bids for the Riverbank Stabilization Project, Project 2016-06. All in favor. COUNCIL REQUEST ITEMS Yellow Ribbon Update Councilmember Polehna stated the 34th MP Company will be returning June 19. Yellow Ribbon is taking veterans fishing on the St. Croix River. Leading Edge Landscaping is landscaping a veteran's home in Lake Elmo with assistance from volunteer groups. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adjourn. The meeting was adjourned at 8:28 p.m. Ted Kozlowski, Mayor Beth Wolf, City Cler Resolution 2021-078, Certificate of Appreciation Retirement for Jim Tibbetts, Water Department Supervisor Resolution 2021-079, Approving Participation in Minnesota Performance Measurement System Program Resolution 2021-080, Resolution Approving the Development Agreement and Assessment Agreement with Central Commons, LLC for the Plat of Central Commons Addition Resolution 2021-081, Resolution Approving Tax Abatement Agreement between City of Stillwater and Central Commons, LLC Resolution 2021-082, Resolution Approving Property Tax Abatements Resolution 2021-083, Accepting Proposal of Right -Way Caulking, Inc. in the amount of $47,920 and Approving Utilization of Recreation Center Fund Balance for Payment of Recreation Center Caulking and Sealcoating Capital Project Resolution 2021-084, Approve Plans & Specifications and Ordering Advertisement for Bids for the Riverbank Stabilization Project, Project 2016-06 Ordinance 1168 — An Ordinance Amending the Stillwater City Code Section 31-300 Establishment of Districts by Rezoning 2.33 Acres to RA: One -Family Residential Page 6 of 6