Loading...
HomeMy WebLinkAbout2021-07-06 CC MINliwater The Birthplace al Minnesota REGULAR MEETING 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES July 6, 2021 Cancelled, no workshop items. 4:30 P.M. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Polehna Absent: Councilmember Odebrecht Staff present: City Administrator McCarty Acting City Attorney Johnson City Clerk Wolf City Planner Wittman Community Development Director Gladhill Finance Director Provos Assistant Finance Director Norby 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 Resolution 2021-085, Certificate of Appreciation Retirement Jake Bell. Firefigl ter The Council recognized Firefighter Jake Bell for 15 years of dedicated service. Fire Chief Glaser noted that Mr. Bell is a third generation firefighter whose family has served the City for over 101 years. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2021-085, Certificate of Appreciation Retirement Jake Bell, Firefighter. All in favor. Comprehensive Financial Report Audit Review - Chris Knopik, ClifftonLarsonAllen Chris Knopik, ClifftonLarsonAllen, presented the 2020 audit. The financial statements are clean. One error was corrected. OPEN FORUM Michael Hill, 322 Churchill Street West, requested speed limit signs and a speed study on Churchill. City Council Meeting July 6, 2021 Public Works Director Sanders noted that signs are posted at entrances to the City and places where the speed limit changes, but not all over town because they are expensive. The Department can put up traffic counters to measure speeds. Police Chief Mueller invited citizens to call the Police Department for more enforcement. Councilmember Junker suggested placing a portable digital speed sign on Churchill. Councilmember Polehna added that the City has a speed gun available to check out. Cameron Murray, 350 Main Street North, Sustainable Stillwater, requested pedestrian flags for the crosswalk on Main Street near Stillwater Mills. Sustainable Stillwater would buy the kit if Public Works will install it; and Public Works Director Sanders responded he sees no problem installing the flag kit. He will contact MnDOT to ask if their approval is needed. Councilmember Polehna asked Mr. Sanders to look into flashing crosswalk signs. STAFF REPORTS City Administrator McCarty introduced Community Development Director Tim Gladhill. Mr. Gladhill stated he is focusing on economic development and getting acquainted with businesses and organizations. He gave project updates on the Landucci proposal, 200 Chestnut development and Central Commons development. Public Works Director Sanders stated Myrtle Street will be closed tomorrow for patching. Police Chief Mueller encouraged residents to bring traffic issues to the Department. He stated the Public Safety bill was passed by the Legislature; Carla Severson donated three AEDs; the Department has been updating its policies for Lexipol; and staff are looking at better ways to respond to crisis calls. Fire Chief Glaser noted that the AEDs are a great tool to promote Heart Safe Communities. Stillwater's save rate is above the national average. The Fourth of July was fairly calm. Finance Director Provos introduced Assistant Finance Director Vanessa Norby. City Clerk Wolf reminded the Council of the Boards and Commissions picnic August 11. City Administrator McCarty stated the State Budget was adopted. He reminded the Council of the City budget workshop August 17 and the Strategic Planning meeting July 8. CONSENT AGENDA June 15, 2021 Regular Meeting Minutes Payment of Bills Resolution 2021-086, Resolution Supporting an Action Plan for Stillwater to be a Bicycle Friendly Community Resolution 2021-087, Approving the Brown's Creek State Trail Cooperative Agreement Between the State of Minnesota And The City Of Stillwater Empire Hospitality LLC, dba Devil's Advocate Stillwater, New On -Sale with Sunday Sales Liquor License Resolution 2021-088, Approving Ownership Change Of The On -Sale & Sunday Liquor Licenses Mad Capper Saloon And Eatery, Inc, Dba Mapper Capper Lumberjack Days 5K/10K Event Page 2 of 7 City Council Meeting July 6, 2021 Parking Lot Project at Millbrook Field West and City Lot 11 Resolution 2021-089, A Resolution Approving the Abatement of Special Assessment St. Mary's Wild Rice & German Festival Event and Temporary Liquor License Stillwater Chamber of Commerce Temporary Liquor License for the Lift & Loop Event Washington County Sheriffs Office Joint Powers Agreement and Security Agreement for Law Enforcement Records Management System Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case No. 2021-37 Zoning Text Amendment City Planner Wittman explained the case. Minnesota Statutes indicate the City may not grant use variances, however State law also gives municipal Heritage Preservation Commissions the power to grant use variances. The company 626 4th, LLC would like to purchase the William Sauntry mansion, located at 626 4th Street North, and convert the single family residence and bed and breakfast into a commercial real estate office. Thus, on behalf of 626 4th, LLC, William (Bill) Griffith of Larkin Hoffman has submitted a request for the City's consideration to change the City Code to allow Heritage Preservation Use Variances (HPUVs) and, simultaneously, for a HPUV to allow 626 4th Street North to be converted into a commercial real estate office. Both actions require the Planning Commission (CPC) to hold a public hearing. For the zoning text amendment, the CPC makes recommendation to the City Council. For the HPUV, the CPC makes recommendation to the Heritage Preservation Commission (HPC) who, if the Zoning Text Amendment (ZAT) is approved by the City Council, will take final action on the consideration of the issuance of an HPUV requested for the specific property. On June 16, 2021 the HPC reviewed the draft ordinance and agreed that, generally speaking, the size and delicate nature of these structures demand a revenue stream for long-term maintenance and allowing consideration of an HPUV is an incentive the City should consider. They expressed support for the ZAT but requested the CPC and the City Council require that structures with approved HPUVs obtain a Design Permit for exterior alterations. On June 23, 2021 the CPC held a public hearing on the draft ordinance and the potential issuance of an HPUV for 626 4th Street North, and discussed some alterations to the proposed amendment that may help ensure the HPUV property does not become a nuisance. Staff recommends the City Council approve the first reading of the Ordinance. Councilmember Junker asked for clarification about National Register listing; and Ms. Wittman answered if a property is no longer on the National Register, then it is no longer eligible for a use variance. Mayor Kozlowski inquired about the National Register requirements; and Ms. Wittman replied that generally, local government preservation commissions review exterior alterations to monitor the historical integrity of a listed structure. National Register -listed properties must have had a history study done and must be nationally significant because of a specific event, person, or time period. The local register, which is the one the Stillwater HPC advocates for, is more about what is significant to Stillwater. Stillwater has only 10 structures eligible for consideration of a HPUV. Page 3 of 7 City Council Meeting July 6, 2021 Councilmember Junker remarked that this amendment provides a way to preserve historic homes. He commended Tom and Sandy Lynum for keeping the William Sauntry Mansion beautiful. Ms. Wittman added that the CPC recommended that the integrity of the gardens be considered along with any structural alterations proposed for this property. Mayor Kozlowski opened the public hearing. There were no public comments. He closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt first reading of an ordinance amending Sections 22-7 and 31-204, and enacting Section 31-208.1 of the City Code of the City of Stillwater, Case No. 2021-37 (Zoning Text Amendment). All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Opera on the River Event Fees Waiver Request Obed Floan, Opera on the River, informed the Council the planned August 6 performing arts fair was cancelled and they are only doing Opera on the River on August 7, with August 8 as potential rain date. He asked the Council to cancel the fee for August 6 and to waive the $500 base park fees for the event, as per 2019. Motion by Councilmember Junker, seconded by Councilmember Polehna, to waive the $500 base fee only for Opera in the Park, August 7, 2021. All in favor. MN Lottery Adirondack Chair in Lowell Park City Clerk Wolf informed the Council that Plural Films, on behalf of the MN Lottery, has applied for a movie production permit. They are going to do a video capturing the placement of a 9' tall x 5' wide Adirondack chair in Lowell Park. The chair will be painted by Minnesota artist Adam Turman and will also have the MN Lottery hashtag on it. Normally movie production permits are not reviewed by Council, however the production company would like to leave the chair in Lowell Park for approximately 2 weeks. Motion by Councilmember Polehna, seconded by Councilmember Collins, to allow the placement of an Adirondack chair in Lowell Park by the MN Lottery, through the Bridge celebration August 16. All in favor. Acquisition Resolution for St Croix River Riverbank Stabilization and Riverwalk Project City Attorney Johnson explained that the trail has been redesigned from its original configuration to move it closer to the river to minimize the impacts to the adjacent property, while continuing to protect the St. Croix River. City Staff will continue to work with the property owner in attempts to reach an agreement to hopefully acquire the property through negotiation. In the meantime, to stay within the City's schedule for the project, the City needs to move forward with eminent domain proceedings to acquire the easements. She provided a resolution authorizing easement acquisition. Page 4 of 7 City Council Meeting July 6, 2021 Councilmember Polehna pointed out the Dock Cafe was granted an easement in 1985 and now the City is simply switching easements with them so the trail can be closer to the river. Ms. Johnson explained that the proposed resolution enables the City to use condemnation to acquire the needed easement if negotiation does not work. Mayor Kozlowski asked for reassurance there will be a Council discussion before the City initiates eminent domain to move the easement; and Public Works Director Sanders replied yes it is to the City's advantage to have the trail closer to the river than to the Dock Cafe. Trees would have to be removed if the trail were closer to the Dock Cafe, which would impact their business more. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2021-090, Authorizing Easement Acquisition for St. Croix River Riverbank Stabilization and Riverwalk Project (Project 2016-06). All in favor. CPC Case No. 2021-14 Final Plat for Marylane Gateway Addition. Property located at 8384 Marylane Ave N City Planner Wittman reported that Jeffrey and Michelle Hause of JAM Freedom LLC, intend to develop a 6-lot residential subdivision at 8483 Marylane Avenue North, known as Marylane Gateway Addition. The City Council approved the Preliminary Plat in April 2021. Staff has been discussing the concerns of a neighbor at 1444 Monterey Court about the tree clearing that will occur. The tree clearing is more significant now to accommodate the expanded stormwater facilities on the site. The plan is in conformance with the City's tree preservation ordinance and the tree coverage along the eastern property line is being increased to mitigate the tree removal. The 1444 Monterey Court property owner is asking for more buffer and landscaping on the City property, but the City does not encourage the placement of vegetation over storm water piping. The development agreement is not yet completed. The request before the City Council is to approve the Final Plat for Marylane Gateway Addition. Staff finds the Final Plat to be acceptable and recommends approval. Councilmember Junker stated he walked the property with the property owner who has been talking with City staff. Just to the south of this development is a new five -house development with a detention pond and an enormous amount of tree cover. This five house development and water runoff is much different. He believes the owner is concerned about $4 million worth of houses that go from woods to no tree line at all. Ms. Wittman responded the City's strip of land is 30-40 feet. There will be some buffer, but it will not be as extensive as the neighboring development. Unfortunately, this is the low side of the property and it does not have very supportive soils. Councilmember Junker added that the property owners are appreciative of what the City did previously to resolve their water problems, but this development opens up that whole area, which is much different than the one immediately to the south. Mayor Kozlowski asked if there is anything preventing the homeowners from planting trees in their own backyards. Mr. Sanders replied there is a City drainage way. Trees may be planted, but it may affect how drainage goes in their backyards if the trees are planted in the wrong location. Page 5 of 7 City Council Meeting July 6, 2021 Mayor Kozlowski stated he would like staff to help figure out where homeowners can plant trees on their own property so it does not impact the drainage. Ms. Wittman noted that the developers are willing to reach out to that adjacent property owner and work with them. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2021-091, A Resolution Approving Final Plat for Marylane Gateway Addition (Case No. 2021- 41). All in favor. CPC Case No. 2021-34 Variance to the maximum allowed height within the Downtown Height Overlay District. Property located at 223 Main St S Ms. Wittman informed the Council that Richard Farrell, White Bear Ventures, is renovating the second and third stories of his building, and in doing so is proposing to relocate an existing stairway roof access and elevator on the building's rooftop to the northwest corner. Also proposed is an approximately 250 sq. ft. vestibule to accompany the stairs and elevator. This property is located in the Downtown Height Overlay District, and will require a variance to the height limitations. The design has previously been reviewed and approved by the Heritage Preservation Commission (HPC), though the HPC's approval allows for no greater than a minimum code compliant walkway to connect the two improvements. However, on June 23, 2021 the Planning Commission denied these variances. City Code requires that height variance requests, greater than 10% of the maximum height allowed, must be reviewed and approved by the City Council. Indirectly related to the current request, the City has received complaints about blocking parking stalls and loading areas with dumpsters and lifts on Water Street related to existing interior construction. This interior construction is covered by an existing Building Permit. If the City Council were to consider the current request for height variance, it could attach reasonable conditions (limits on hours, payment for blockage of parking and loading areas, etc.). The applicant is requesting two variances: 1) to allow the height of a building, with an elevator, stairway and vestibule, to be 59', whereas the maximum height allowed is 37'; and 2) to allow the building to be four stories, whereas three stories is the maximum in this overlay district. The Planning Commission did not find that this variance is in harmony with the general purposes and intent of the Zoning Code, nor did they find that this expected use (entertainment space) is consistent with the surrounding neighborhood and the overall vision for downtown. Therefore, both staff and the Planning Commission recommend the City Council deny the 22' height variance and the additional one-story variance. Councilmember Junker applauded the property owner for cleaning up the building, but it seems like construction has been going on for a long time. Ms. Wittman noted that staff was not completely aware of how much the construction activities were a nuisance to the neighborhood, but now the property owner has paid all back fees for right-of-way obstruction permits. It has been a very long project. Mayor Kozlowski stated maintaining old properties is hard, but it has been hard on the neighbors seeing no activity and a dumpster sitting there day after day with no movement. Councilmember Junker pointed out the rear of the property is in disarray, but he thanked the property owner for granting permission last November to go on his roof to put up Christmas lights. Page 6of7 City Council Meeting July 6, 2021 Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2021-092, Resolution denying a Variance to the Maximum Allowed Height within the Downtown Height Overlay District for the Property Located at 223 Main Street South (Case No. 2021-34). All in favor. COUNCIL REQUEST ITEMS Lift & Loop Event Councilmember Polehna summarized plans for the Lift & Loop celebration August 14. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn. The meeting was adjourned at 9:01 p.m. Ted Kozlowski, Mayor ATTES i e i / Beth Wolf, City Clerk Resolution 2021-085, Certificate of Appreciation Retirement Jake Bell, Firefighter Resolution 2021-086, Resolution Supporting an Action Plan for Stillwater to be a Bicycle Friendly Community Resolution 2021-087, Approving the Brown's Creek State Trail Cooperative Agreement Between the State of Minnesota And The City Of Stillwater Resolution 2021-088, Approving Ownership Change Of The On -Sale & Sunday Liquor Licenses Mad Capper Saloon And Eatery, Inc, Dba Mapper Capper Resolution 2021-089, A Resolution Approving the Abatement of Special Assessment Resolution 2021-090, Authorizing Easement Acquisition for St. Croix River Riverbank Stabilization and Riverwalk Project (Project 2016-06) Resolution 2021-091, A Resolution Approving Final Plat for Marylane Gateway Addition (Case No. 2021-41) Resolution 2021-092, Resolution denying a Variance to the Maximum Allowed Height within the Downtown Height Overlay District for the Property Located at 223 Main Street South (Case No. 2021-34) Page 7of7