HomeMy WebLinkAbout2023-04-18 CC MIN
216 4th Street N, Stillwater, MN 55082
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www.ci.stillwater.mn.us
CITY COUNCIL MEETING MINUTES
April 18, 2023
SPECIAL MEETING 4:30 P.M.
Mayor Kozlowski called the special meeting to order at 4:33 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna
Absent: None
Staff present: City Administrator Kohlmann
City Clerk Wolf
Fire Chief Glaser
Finance Director Provos
Police Chief Mueller
Public Works Director Sanders
Human Resources Director Robole
Facilities Manager Greiner
Rec Center Manager Brady
Long-Range Financial Plan
City Administrator Kohlmann presented a report on tax related projections for capital
improvements, the General Fund Operating Budget, and additional staffing levels. He
reviewed 10-year projections for capital borrowing and resultant levy percentage change
over the next 10 years, using the projected City tax impacts on a $400,000 homeowner. He
then discussed the steps going forward over the next 10 years: Recreation Center Capital
Expenditures and Fund review; Parking Fund review and analysis; refine scheduling for
facility improvements; decision making within the context of the holistic financial impact;
debt analysis and review.
Mayor Kozlowski noted that incremental property tax increases are more easily accepted
by taxpayers than big swings. He and Councilmembers commended staff on the report
showing that the City can handle the needs that absolutely must be taken care of.
Councilmember Polehna stated he would like to see projects prioritized in case something
happens to legislative funding.
Councilmember Odebrecht suggested doing communication planning around the data in the
report, and Councilmember Junker suggested including an article in the newsletter that
shows the City is working diligently on the long range plan.
Mayor Kozlowski added that taxpayers should know the City is faced with millions of
dollars’ worth of infrastructure-critical projects, and here is what the yearly increases will
look like in order to address all the critical needs over the next 10 years.
RECESS
Mayor Kozlowski recessed the meeting at 5:17 p.m.
City Council Meeting April 18, 2023
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REGULAR MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:03 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna
Absent: None
Staff present: City Administrator Kohlmann
City Attorney Land
City Clerk Wolf
Community Development Director Gladhill (via Zoom)
Finance Director Provos
Fire Chief Glaser
Police Chief Mueller
Public Works Director Sanders
Planning Manager Robinson
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
RECOGNITIONS OR PRESENTATIONS
Stillwater Police Department Oath of Duty Presentation – Captain Hunter Julien
Police Chief Mueller gave the oath and Captain Julien’s son Jacob pinned on his badge.
Proclamation – International Foreign Exchange Students Day
Mayor Kozlowski and Councilmember Odebrecht read a proclamation designating April 19,
2023 International Exchange Student Day, and exchange students introduced themselves.
Recycling “Know Before You Throw” Coloring Contest Presentation of Winners
Mayor Kozlowski and City Clerk Wolf congratulated winners of the Coloring Contest.
Proclamation – Arbor Day April 28
Mayor Kozlowski read a proclamation designating April 28 Arbor Day.
OPEN FORUM
There were no public comments.
STAFF REPORTS
Public Works Director Sanders updated the Council on flood protection and the Chestnut
Street Plaza project. He announced Chad Rogness is the new Public Works Superintendent.
Police Chief Mueller updated the Council on department activities and shared that Sergeant
Dan Young received a meritorious service award.
Fire Chief Glaser announced Severe Weather Awareness Week and siren testing on
Thursday; fire season is starting and burn permits are required.
Finance Director Provos gave a new software update.
City Council Meeting April 18, 2023
Page 3 of 7
Community Development Director Gladhill clarified downtown parking items on the
agenda, and updated the Council on the Dock Café food truck permit, Rocket Car Wash and
other projects.
City Clerk Wolf recapped the Charter Commission meeting.
City Attorney Land gave a legislative session update.
City Administrator Kohlmann reminded the Council of the Strategic Planning meeting May
18. The City’s annual report will be coming soon.
CONSENT AGENDA
April 4, 2023 Workshop and Regular Meeting Minutes
Payment of Bills
2023 Group Medicare Insurance Reimbursement – Resolution 2023‐058
Downtown Parking District Pay Zones Expansion – Resolution 2023‐059
Hwy 36 Boundary Detachment – Resolution 2023‐060
Max ToDo Marine Services Lease Agreement – Resolution 2023‐061
National Opioids Settlement Participation – Resolution 2023‐062
Parking Ramp Agreement for Structure Study
Retail Sale of Fireworks Permit for Target
St. Croix Valley Recreation Center Agreement for Financial Proforma
Stillwater School Zone Speed Study Agreement for Engineering Services
Strategic Planning Consultant Approval
Temporary Construction Easement for Chapel Hill Flats (Landucci)
Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses –
Resolution 2023‐064
Tower Drive Water Tower Painting Project Agreement for Engineering Services
Councilmember Junker requested the Temporary Construction Easement for Chapel Hill
Flats be pulled from the Consent Agenda.
Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt the
Consent Agenda as amended. All in favor.
Councilmember Junker stated he noticed there are jersey barriers already at the site
blocking off City owned parking spots and he thought this was premature.
City Attorney Land explained the City set a termination date of November 2024 for this
easement and the developer expects that is how long he will need the easement. The City
acknowledges the project will eliminate its ability to use part of that parking lot because the
developer owns part of the land.
Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adopt
Resolution 2023‐063, Approve Temporary Construction Easement Related to Chapel Hill Flats
Project (Landucci) at 107 3rd Street North. Motion passed 4-1 with Councilmember Junker
voting nay.
City Council Meeting April 18, 2023
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PUBLIC HEARINGS
Case 2023‐07 to consider an appeal to Planning Commission denial for a Preliminary Plat and
Final Plat to create one lot and a Conditional Use Permit to allow a Car Wash at 2001
Washington Avenue – Postponed to May 2, 2023 Council Meeting
Case 2023‐05 to consider an appeal to Planning Commission conditions of approval for Interim
Use permit for a food truck located at 425 Nelson Street East ‐ Withdrawn by applicant
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
Demolition Permit for 320 2nd Street North
Community Development Director Gladhill stated that the Heritage Preservation
Commission (HPC) recommended denial of the demolition permit on March 15, 2023 and
forwarded the case to the City Council. The applicants, Pat and Amy Estenson, are seeking
approval of demolition of a pre-1946 structure located at 320 2nd Street North. He
explained the required findings to support denial of the demolition permit. This is one of
two remaining pre-Civil War structures of this style.
Pat Estenson, applicant, gave background on the proposed project. He provided information
on the engineer’s experience and credentials, and emphasized that they have followed the
City process at the direction of City staff.
Mayor Kozlowski asked what happened to the second-opinion engineer the City was
supposed to hire to determine if the structure could be saved or if it is possible to remodel
the house without demolishing the original portion; and Planning Manager Robinson
explained she reached out to three firms with a variety of experience in historic
preservation and all declined to evaluate the report because it is typical for one engineer to
not be able to verify the work of another engineer. Therefore staff relied on the expertise of
the City’s Building Official.
Community Development Director Gladhill explained the demolition ordinance was revised
in 2020 removing the requirement that before allowing demolition, the City must engage an
engineering study.
Councilmember Junker asked, was the task to question Dr. Perko’s engineering study or to
give another independent study of the structure; and Ms. Robinson answered that she
reached out and was asking, based on the study, if those engineers thought that the
information and conclusions were sound and all of them declined.
City Attorney Land explained that previously, there was a very cumbersome process for
demolition permits which required the City to undertake a study. In 2020 that condition
was removed and replaced with criteria for the HPC and the Council to consider when
reviewing demolition permits. If it meets the criteria for demolition, the HPC would approve
it; they do not feel that it does in this case.
Mayor Kozlowski stated in cases like this, he would like to have the option to have an
independent study done.
City Council Meeting April 18, 2023
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Councilmember Junker expressed great respect for Mr. Estenson and his due diligence with
this. In defense of the HPC, the demolition permits are the most difficult cases.
Mayor Kozlowski asked how the applicants feel about partial demolition.
Mr. Estenson replied he does not know what would be left of the house after being resided,
hiding historic 2 x 4s between sheetrock, and re-situated on the lot on a new foundation,
because a lot of water runs through the site. It would no longer be a 16 x 24’ structure and
the visual of the original would be lost. A local builder did an estimate for fixing everything,
looking at saving the original structure and trying to figure out where the house could go on
the site and he could not figure that out.
Richard McDonough, realtor who has been selling houses in Stillwater for 32 years, stated
he has seen houses where demolition permits are denied. They become truly decrepit and
then are torn down. He does not think the HPC or the Council are serving the constituents
by denying this demolition permit based on the condition of the house. It literally has a
stream running through it and is functionally obsolete.
Councilmember Polehna asked how does a person going down the street know this is a pre-
Civil War house with all the additions onto it? What is being preserved; and Mr. Gladhill
answered the code says to preserve any pre-1946 structures. The North Hill Neighborhood
Study and the historic preservation goals say to try to preserve them even if they are not up
to modern standards.
Councilmember Collins commented this is one of two remaining structures of this style and
this era, that signifies that this case is indeed about preservation - a house that was built the
same year that Minnesota became the 32nd State in the Union and when James Buchanan
was president of the U.S. The building official says the house is useable and has no major
life, health or safety concerns, and that is who he is going to side with.
Mr. Estenson questioned use of the word “rare” in the North Hill Study statement that this
is one of two rare early vernacular homes. The neighborhood has more vernacular homes
that were pre-1946. It is difficult, by just looking at the foundation, to determine its stability
because it was plastered over. Some of the foundations do not go down below the frost line.
Councilmember Odebrecht stated he appreciates all the homeowner’s work with the City.
He encouraged the applicant to come back with a proposal for partial demolition based on
the Building Official’s pronouncement it is livable.
Councilmember Junker stated if a structure is literally crumbling, that’s one thing. He has a
hard time even thinking of tearing down these older houses.
Mayor Kozlowski encouraged staff to expedite the process if an application for partial
demolition comes back, adding that he needs assurance that a partial demolition and
remodel is feasible.
Mr. Estenson reiterated this is where they want to make their home. Regarding a partial
teardown, if the house must be moved off its foundation, he does not know where it would
be stored. If moved to another location it should be restored, not mothballed behind a chain
link fence.
City Council Meeting April 18, 2023
Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt
Resolution 2023-065, Resolution Adopting Findings for Denial for a Demolition of a Pre-1946
Structure in the Neighborhood Conservation District for 320 2nd Street North. All in favor.
Union Alley Traffic and Parking Changes
Public Works Director Sanders informed the Council that with the new construction of the
apartment building at 200 Chestnut, staff proposes parking and traffic changes for Union
Alley: 1) switch the one way traffic between Myrtle and Chestnut from northbound to
southbound for fewer delays and less stacking; and 2) eliminate parking on the west side of
Union Alley.
Council consensus was to switch the one-way direction on Union Alley, eliminate parking
from Myrtle to the garage entrance, and have no parking on the west side during the winter.
Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution
2023-066, Authorizing Traffic and Parking Changes on Union Alley. All in favor.
COUNCIL REQUEST ITEMS
Resolution Request
Councilmember Odebrecht stated he was informed today about amendments that are going
into the omnibus architecture housing and broadband bill up for a vote tomorrow, which
would be very detrimental to Stillwater. He drafted a resolution regarding this.
Motion by Mayor Kozlowski, seconded by Councilmember Odebrecht, to adopt Resolution
2023-067, Resolution in Support of Local Zoning Authority and Opposing Preemptive
Amendments A37, A43, and A45. All in favor.
ADJOURNMENT
Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adjourn. All in
favor. The meeting was adjourned at 9:16 p.m. •
Ted Kozlowski, Mayor
ATTEST:
•f
Beth Wolf, City Cler
Resolution 2023-058, Approving 2023 Group Medicare Insurance Reimbursement
Resolution 2023-059, Resolution Amending Resolution 2022-172 to Repeal and
Replace Fees for Downtown Parking
Resolution 2023-060, A Joint Resolution Requesting Concurrent Detachment from
Stillwater and Annexation into Oak Park Heights of Certain Lands Pursuant to
Minnesota Statutes Section 414.061
Resolution 2023-061, A Resolution Approving Lease Agreement with Max Todo
Marine Services, Inc.
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City Council Meeting April 18, 2023
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Resolution 2023‐062, Resolution Approving the Memorandum of Agreement, the
Distributor Subdivision Settlement Participation Form and the Janssen
Subdivision Settlement Participation Form in Order to Participate in the
National Opioid Settlement
Resolution 2023‐063, Approve Temporary Construction Easement Related to Chapel
Hill Flats Project (Landucci) at 107 3rd Street North
Resolution 2023‐064, Approving Issuance of New Therapeutic Massage Business
Licenses and Individual Massage Therapist Licenses
Resolution 2023‐065, Resolution Adopting Findings for Denial for a Demolition of a
Pre-1946 Structure in the Neighborhood Conservation District for 320 2nd
Street North
Resolution 2023‐066, Authorizing Traffic and Parking Changes on Union Alley
Resolution 2023‐067, Resolution in Support of Local Zoning Authority and Opposing
Preemptive Amendments A37, A43, and A45