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Home My WebLink About2023-07-18 CC MIN 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES July 18, 2023 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins and Junker Absent: Councilmembers Odebrecht and 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 Ann Wolff acknowledged being on the lands of indigenous people, specifically Dakota, Anishinaabe and Ojibwe land, and honoring all Native people present. PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Stillwater Human Rights Award Presented to Will Antell Sirid Kellermann, Human Rights Commission Chair, Commissioners Melissa May and Nancy Lyner lauded Will Antell’s lifetime of advocating for Native American rights. Petina Park, Executive Director of Tribal State Relations, representing Governor Walz’s office, read a Governor’s proclamation honoring Dr. Antell; and Mayor Kozlowski read a proclamation conveying the Human Rights Award to Dr. Antell. Mr. Antell thanked everyone for the award and recalled growing up on the White Earth Nation. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2023‐096, Stillwater Human Rights Award Given to Will Antell. All in favor. Certificate of Appreciation for Jesse Pereboom, IT Technician Mayor Kozlowski read a Stillwater City Council Service Award for Jesse Pereboom for his 8½ years of service. cStillwater ~~ ......, ' The Birthplace of Minnesota J City Council Meeting July 18, 2023 Page 2 of 4 OPEN FORUM There were no public comments. STAFF REPORTS Public Works Director Sanders updated the Council on the Chestnut Street project, Pioneer Park wall vegetation management, and the North Main Street MnDOT crosswalk project. Police Chief Mueller commended Public Safety staff on the handling of Lumberjack Days events, and urged the public to report possible overdoses. Fire Chief Glaser reiterated that Lumberjack Days went well, and welcomed two new firefighters. Finance Director Provos stated the budget and bonding processes are underway. Community Development Director Gladhill stated that public art and murals are being reviewed, and art on transformer boxes is being considered by Xcel Energy. City Clerk Wolf noted an invitation to a MPCA meeting on recycling and waste. She reminded the Council of the meeting date change to Wednesday, August 2 due to Night to Unite. City Attorney Land stated new laws from this legislative session will be incorporated into the City Code. City Administrator Kohlmann reported the Rec Center budget review has concluded, and the downtown business owners’ meeting went well. CONSENT AGENDA July 5, 2023 Workshop and Regular Meeting Minutes Payment of Bills Downtown Stillwater Holiday Lights Agreements Individual Massage Therapist Licenses – Resolution 2023‐097 Nuisance Abatement Services Contract Agreement St. Mary’s Church Events and Temporary Liquor License Temporary Liquor License for Sunrise Rotary Club Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Chestnut Street Right of Way Use Community Development Director Gladhill stated that the City was approached by Tianna Nelson of Tossed, a new restaurant at 224 Chestnut Street E, and a few other businesses City Council Meeting July 18, 2023 Page 3 of 4 regarding the use of parking stalls on Chestnut Street west of Main Street, while the street is closed for final completion of the Chestnut Street Plaza. Staff prepared a potential action allowing temporary use of parking spaces on Chestnut on Friday, Saturday and Sunday only between 8 a.m. - 8 p.m. to ensure these do not become more permanent fixtures and do not conflict with weekday construction activities and deliveries. Due to liquor licensing and the need for more permanent seating, staff does not recommend extending this opportunity to restaurants, given the limited timeframe (6-8 weeks). Staff recommends the standard parking stall reservation fee ($9/day/stall). Staff contacted MnDOT about the potential of the same on Main Street, however State Statutes do not allow the same use in that location. Mayor Kozlowski asked about hindering deliveries, and Mr. Gladhill answered that the City allows delivery trucks to move the barricade to enter this block, and then leave and replace the barricade. Councilmember Junker suggested not including Fridays because it is a work day for construction and he does not want to hold up the project. He also is concerned that businesses on Main Street will ask to use the sidewalks in front of their business during construction. He acknowledged this is difficult for everyone on Main Street as well. Mr. Gladhill responded that Chestnut is County-governed and they are open to this use; Main Street is MnDOT-governed and this type of temporary use is not allowed on Main Street. Mayor Kozlowski indicated that he also does not want to impede the project. He supports the proposal without the $9 a day fee. Public Works Director Sanders stated he was told by the contractor they would not be using Chestnut Street at all for construction; he will follow up to verify this. Tianna Nelson stated she agreed that the parking stalls should not be used on Fridays so progress is not impeded. She understands the desire for consistency downtown, but asked how the City will enforce it; and Police Chief Mueller voiced support and stated his only concern is the possibility of the creep into the road. Officers will work with Public Works staff to keep whoever is in that area safe. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2023‐098, a Resolution Authorizing Certain Businesses to Rent On-Street Parking Spaces on Chestnut Street During Construction, striking the parking fee and ending it September 30, or upon reopening of Chestnut Street. All in favor. 2024 Street Improvement Project Ordering Feasibility Study Public Works Director Sanders reviewed the proposed project and requested a resolution authorizing the preparation of a feasibility study for street, water main, sidewalk, sanitary, and storm sewer and improvements for the 2024 Street Improvement Project. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2023‐099, Authorize 2024 Street Improvement Project Feasibility Study. All in favor. Adult Use Cannabis Regulations – Moratorium and Prohibition on Public Property – Ordinance 1st Reading City Attorney Land summarized the new 2023 law legalizing Adult Use Cannabis, which includes regulation of CBD products. Adult use cannabis may not be used in public, nor in City Council Meeting July 18, 2023 the presence of children, and may not be sold until January 2025. Because there is much confusion in the public about what can and cannot be manufactured, grown, purchased, possessed, sold, and used right now due to the numerous "effective dates" in the legislation, staff recommends adopting an interim ordinance temporarily prohibiting the establishment of new cannabis uses as well as the expansion of existing ones. If approved for first reading, a public hearing will be scheduled for August 2 for final reading. The Prohibition on Public Use ordinance does not require a public hearing, but the second reading will be done at the same time. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt first reading of an Interim Ordinance Temporarily Prohibiting the Establishment of New Uses or the Expansion of Existing Uses Related to Cannabis Businesses; and to adopt first reading of an Ordinance Amending the Stillwater City Code by Enacting Stillwater City Code Chapter 52-23, Prohibiting Cannabis Use Within Public Property. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 8:00 p.m. 7:(� =7 " Ted Kozlowski, Mayor ATTB T: Beth Wolf, City Clerk Resolution 2023-096, Stillwater Human Rights Award Given to Will Antell Resolution 2023-097, Approving Issuance of New Individual Massage Therapist Licenses Resolution 2023-098, A Resolution Authorizing Certain Retail Businesses to Rent On - Street Parking Spaces on Chestnut Street During Construction Resolution 2023-099, 2024 Street Improvement Project Authorize Feasibility Study Page 4 of 4