HomeMy WebLinkAbout2022-11-01 CC MINilk
The Birthplace of Minnesota
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.ci.stillwater.mn.us
CITY COUNCIL MEETING MINUTES
November 1, 2022
REGULAR MEETING 4:30 P.M.
Mayor Kozlowski called the meeting to order at 4:34 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht
Absent: Councilmember Polehna
Staff present: City Administrator Kohlmann
City Attorney Land
City Clerk Wolf
Community Development Director Gladhill
Finance Director Provos
Fire Chief Glaser
Police Chief Mueller
Public Works Director Sanders
IT Manager Holman
Library Director Troendle
OTHER BUSINESS
Presentation of Fire Department Operations Study
Fire Chief Glaser introduced BJ Jungmann and Dr. Steve Knight (via Zoom), Fitch &
Associates, to present the Community Risk Assessment and Standards Report regarding Fire
Department operations.
Mr. Jungmann reviewed the data on responses, call types, and peak times. He noted that the
number of vehicles responding to EMS calls and fire calls is low, but the average response
time is 7.7 minutes which is relatively good. The 90th percentile response time for fire calls
is 11.3 minutes overall, a good response time given the entire geographic response area. The
ambulance response time is 10.7 minutes. The Department can hit 90.94% of its call volume
within 9 minutes travel time of the current facility. Looking at effective response force, for
example, a structure fire takes 15 people to handle all critical tasks; currently the
Department sends 9 and relies on mutual aid to fill in the other 6. For a cardiac arrest, the
ideal response is 8 people; currently the Department sends 4 and Lakeview sends 2 leaving
a gap of 2. The key is having a readily trained group of people available to respond at a
moment's notice.
Fire Chief Glaser added that when a call comes in as a significant incident, all mutual aid
partners are toned, but recycling people over and over becomes dangerous and it's always
uncertain how many people can respond to a mutual aid call.
Mr. Jungmann stated that the struggle with recruitment and retention of paid on call staff is
a national issue. He went on to describe staffing details and a staff survey which showed
there is a good working relationship between paid on call and full time staff. However, a
City Council Meeting November 1, 2022
large number do not feel that there is adequate full time staff. He reviewed three staffing
recommendations: 1) as funding is available, add 2 peak demand career staff to the weekday
daytime; 2) monitor paid on call turnout by hour of the day and if it decreases, add 2 more
staff; 3) continue to encourage paid on call staff to work career shifts and build
relationships. The focus groups made it clear they did not want to go to the duty crew model,
which would force them to work a certain number of hours.
Mayor Kozlowski asked if there is merit to increasing the paid on call pay, and Mr. Jungmann
replied a pay increase might bring short term gains, but does not appear to be sustainable
in the long term. He summarized the other recommendations under Administration, Data,
Operations, and Prevention. He offered five recommendations under the Dispatch category,
which is provided by Washington County.
Councilmember Odebrecht remarked that the data can be used to help make strategic
planning decisions. It will not alleviate the FTE needs, but the City can become more
intelligent with data and recognize that Washington County will be a big player in the future
of the Fire Department. He commended the firm and the department on the report.
Chief Glaser stated he is pleased with the report, data, and recommendations.
Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to accept the Fire
Department Risk Assessment and Standards Report. All in favor.
St. Croix Valley Rec Center Water Heater Purchase Request
Doug Brady, St. Croix Valley Recreation Center Manager, stated that $15,000 capital outlay
funding and $5,000 operating has been budgeted in 2023 to purchase a water heater. Total
cost is $18,604 plus supplies and labor and expected delivery is 12 weeks.
Motion by Councilmember Collins, seconded by Councilmember Junker, to approve the
purchase of a water heater for the St. Croix Valley Recreation Center. All in favor.
STAFF REPORTS
Public Works Director Sanders gave updates on the 2022 street project, Chestnut Street
project, and stated the Rutherford tennis court resurfacing is completed.
Police Chief Mueller stated Halloween and the Pub Crawl went well. Staff is ready for the
Veterans Day Ceremony and beginning preparations for the World Snow Sculpting event.
He gave staffing updates and stated the Emergency Management mitigation grant
application was submitted.
Fire Chief Glaser informed the Council that the DNR cancelled all open burning permits;
controlled recreational fires are okay.
Finance Director Provos noted the resolution for deferred assessments was revised.
Community Development Director Gladhill stated the Downtown Parking Commission's
recommendation for parking fees will be presented at the December 6 meeting. The
Passport Mobile phone app will be rolled out in the next 30-60 days. Free off season parking
starts today. He gave department activity updates.
City Clerk Wolf reminded the Council of a special workshop at 5 p.m. November 15. She
reported that 131 residents participated in the mattress collection. 68 business
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City Council Meeting November 1, 2022
liquor/tobacco/CBD licenses will be ready for review at the next City Council meeting.
Elections are on Tuesday and canvassing of municipal results will be at the next City Council
meeting.
City Attorney Land stated she is working with staff on zoning amendments.
City Administrator Kohlmann noted that Kraus Anderson has started the facility space
needs analysis. Staff is looking at phasing out Zoom for Commission meetings.
IT Manager Holman stated the 365 migration went well; Teams and OneDrive will be
implemented next. Staff has met with Arctic Wolf on cybersecurity. An RFP for enterprise
software is almost ready. The backup Comcast connection is complete.
Library Director Troendle stated there is a photographer James Beck reception tonight with
display through December. The Fall Book Sale will be November 9. Authors Sherri and Peggy
Brenden will give a talk on November 14.
RECESS
Mayor Kozlowski recessed the meeting at 6:06 p.m
RECESSED MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:01 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht
Absent: Councilmember Polehna
Staff present: City Administrator Kohlmann
City Attorney Land
City Clerk Wolf
Community Development Director Gladhill
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
Stillwater Police Reserves Award
Police Chief Mueller recognized Elizabeth Mortimer, Reserve Officer of the Year, and
Sergeant Julien, Officer Mallet and Officer LeMoine for overseeing the program.
OPEN FORUM
Nance Purcell, 1017 Abbott West Street, voiced concerns about the Myrtle Apartment
project that was approved October 4, despite pushback from the community. She
understands that the project met all zoning regulations and the City attorney recommended
that the City Council had no legal authority to deny the application. However other cities
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City Council Meeting November 1, 2022
have suspended permits in advance of projects in which they would be forced to make
compromising decisions for the City. She feels that the City Council had opportunities to
suspend permitting in this situation as well.
Councilmember Odebrecht voiced his agreement that the code is wrong, however the City
Council was in a position where if it denied the project as proposed, a judge would order the
Council to say yes to the developer at great expense to the City. He stated he hates the
project, but it would be irresponsible to vote no and waste taxes on legal defense. He added
that the City is revising zoning language.
City Attorney Land explained that the developer was denied every time he came in front of
the Council and Planning Commission requesting a variance. It was expected he would not
be able to fit the rules, but he brought a project that did fit the rules. Once an application is
in queue, the Council cannot call a moratorium or time out to study the issue. The Council's
only option was to approve it.
Pat Kelly, 604 Myrtle Street, expressed concern about a failing retaining wall on his property
at Martha and Myrtle Streets. When he purchased the property he assumed the wall was the
City's responsibility as it was part of the right-of-way, but after he had the garage built he
learned the wall is actually on his property. He has done research showing that when the
City reduces a grade, as it did in 1860-1880, it has a duty to provide lateral support for the
soil. Through lack of maintenance on the wall and the slopes, several homeowners in the
area have failed retaining walls.
City Attorney Land confirmed that Mr. Kelly owns the wall, as opposed to it being in the
right-of-way. The statute of limitations on the wall is long over. The erosion problem is on
his property and he needs to address it.
Louise Hansen, Rivertown Commons resident, stated the Halloween events went well.
CONSENT AGENDA
October 18, 2022 Regular Meeting Minutes
Payment of Bills
Dakota County Technical College Defensive Driving Training Contract
Deferred Assessment for 2022 Street Project - Resolution 2022-141
Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt the Consent
Agenda. All in favor.
PUBLIC HEARINGS
Case 2022-60 to consider a New Home Design Permit and an appeal to the HPC decision of
denial of the new home. Property located at 109 Martha St N
Community Development Director Gladhill reviewed the case. The City recently approved a
lot split of 516 Myrtle Street West to facilitate the construction of a new single-family
dwelling. On August 17, 2022, the Heritage Preservation Commission (HPC) on a 4-2 vote
denied the Design Permit for the construction of a new dwelling in the Neighborhood
Conservation District, finding that the scale and mass of the building was not compatible
with the surrounding neighborhood and Stillwater Design Guidelines, and that the proposal
lacked four-sided design. The applicant is proposing a one -level 1,600 square foot home
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City Council Meeting November 1, 2022
(building footprint) with a 1,000 square foot attached garage. Most surrounding properties
have either a detached garage in the rear yard or a tuck under garage. The scale and mass
of the proposed structure is accentuated by grade changes/topography along Myrtle Street.
The proposed walkout basement exposed to Myrtle Street will require a change to grade.
This grade is a steep slope with the high point over ten feet above street level at points. The
natural topography will make the structure appear to be a larger scale compared to
surrounding properties. The applicant could consider changing the walk -out basement to a
full basement and keep the existing grade to reduce the appearance of scale and mass. The
design guidelines allow for a more modern design, so long as the modern design is high
quality. It is not the intent of the Design Guidelines to require new construction to match
exact 1880s designs. Since the HPC meeting, staff has compiled additional data pertaining
to scale and mass of surrounding properties, and the applicant has provided additional
supporting information. Mr. Gladhill provided the Council their options to approve the
appeal, deny the appeal, or table the application for further information.
Mayor Kozlowski opened the public hearing.
Lynn Thron, applicant, 109 Martha Street North, reviewed the history of the project and
findings of the HPC for denial. She reviewed the many considerations and challenges they
took when designing the home. They chose a one story hip structure because of the slope of
the land. Two stories is not an option due to affordability and massing. The footprint is
proportionate to the building site and neighborhood, and meets all setback requirements.
The design is eclectic with a contemporary flair and most HPC members commented they
are happy with the design. The architect took their comments and designed what he feels
they were asking for, and is open to further redesign as long as they are not redesigning the
entire home. They also have done a landscape design. They were confused about the
massing comments shared at the HPC meeting, but feel the height and elevation fits well
with neighboring properties.
Michael Koch, PMI Homes, architect, stated that when they were first presented with the
Design Guidelines document, it was overwhelming, but they did their best to follow the
guidelines. He asked if he needed a more historic design and he was told early on, no. They
did not ignore the massing, but took it into account. The home is not large. They presented
the potential of not having a full walkout, but maybe half walkout with windows, but
received no direction on that. The project easily met setback and surface coverage
requirements. He commended the owners for their efforts.
Mayor Kozlowski closed the public hearing.
Councilmember Junker noted that the design manual states the house should follow the
predominant pattern of the neighborhood, which in this neighborhood varies significantly.
It is a very unique lot, he feels it is a gorgeous home and the lot will look better with this
construction.
Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to approve the
appeal of the Heritage Preservation Commission's denial of the Design Permit for 109 Martha
St N. All in favor.
UNFINISHED BUSINESS
There was no unfinished business.
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City Council Meeting November 1, 2022
NEW BUSINESS
There was no new business.
COUNCIL REQUEST ITEMS
There were no Council request items.
CLOSED SESSION
Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn to closed
session pursuant to Minnesota Statute regarding Meetings Having Data Classified as Not Public
(Minnesota Statute 13D.05, Subd. 3) on City Administrator's Annual Review. All in favor.
The meeting was adjourned to closed session at 8:05 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht
Absent: Councilmember Polehna
Also present: City Administrator Kohlmann, City Attorney Land, Human Resources Manager
Robole
Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to reopen the
meeting. All in favor. The meeting was reopened at 8:30 p.m.
ADJOURNMENT
Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adjourn. All in
favor. The meeting was adjourned at 8:30 p.m.
ATTE
Beth Wolf, City Cler
-IV 7
•
Ted Kozlowski, Mayor
Resolution 2022-141, Adopting Deferred Assessment for 2022 Street Improvement
Project (Project 2020-02, LI 433)
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