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HomeMy WebLinkAbout2023-04-18 CC MIN 216 4th Street N, Stillwater, MN 55082 651-430-8800 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 Page 2 of 7 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 Page 4 of 7 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 Page 5 of 7 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. Page 6 of 7 City Council Meeting April 18, 2023 Page 7 of 7 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