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Home My WebLink About2024-07-02 CC MIN 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES July 2, 2024 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 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 Finance Director Provos Deputy Fire Chief Ballis Police Chief Mueller Public Works Director Sanders IT Manager Rice Library Director Troendle OTHER BUSINESS Election Ballot Question City Administrator Kohlmann provided the proposed ballot language for a Local Option Sales Tax referendum. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2024‐080, Resolution Approving a Referendum Question on the November 5, 2024 Ballot to Impose a Local Option Sales Tax for the Betterment of the Riverfront Improvement Project. All in favor. STAFF REPORTS Public Works Director Sanders updated the Council on flooding, the downtown lighting project, and street project. Police Chief Mueller gave an update on department activities, and flood water safety. Deputy Fire Chief Ballis shared staff updates, department activities, and fireworks safety tips. Finance Director Provos stated 2025 budget work is beginning. Community Development Director Gladhill summarized progress on the Zoning Code update, parking permit program, building permit module, and code enforcement. City Clerk Wolf shared a Browns Creek Watershed District invitation, stated that the Deputy Clerk is starting, and noted there will not be a Human Rights Award presentation this month. cStillwater ~~ ......, ' The Birthplace of Minnesota J City Council Meeting July 2, 2024 Page 2 of 6 City Attorney Land asked to pull the Alcohol Training Ordinance off the Consent Agenda for further discussion. The goal is to make training more focused on servers and allow bar owners the flexibility to choose which training program they use. Council consensus was to ask businesses for input before bringing it back to the Council. City Administrator Kohlmann stated the PFAS request for funding is moving forward, and the 4th of July fireworks will be rescheduled due to flooding in Lowell Park. IT Manager Rice spoke about department projects and a firewall purchase. Library Director Troendle reminded the Council of the naturalist program and Stuff the Bus school drive. ADJOURNMENT TO CLOSED SESSION Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn to Closed Session. All in favor. The Council adjourned to Closed Session at 5:18 p.m. CLOSED SESSION Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann, City Attorney Land, Community Development Director Gladhill The Council met in Closed Session pursuant to Minn. Stat. Section 13D.05 subd. 3b to discuss attorney client privileged communication regarding litigation at 421 Hanson Place. Motion by Councilmember Junker, seconded by Councilmember Collins, to reopen the meeting. All in favor. Mayor Kozlowski recessed the meeting at 5:34 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 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 Finance Director Provos Deputy Fire Chief Ballis Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. City Council Meeting July 2, 2024 Page 3 of 6 RECOGNITIONS OR PRESENTATIONS Youth Service Bureau Budget Request – Mike Huntley Mike Huntley, Youth Service Bureau Executive Director, reviewed the programs offered and requested a contribution of $11,845 in 2025. OPEN FORUM Lizzie Harris, Owens Street resident, questioned the Council on traffic issues. CONSENT AGENDA June 18, 2024 Regular Meeting Minutes June 21, 2024 Emergency Meeting Minutes Payment of Bills Appointment of Election Judges for 2024 Primary Election – Resolution 2024‐081 Automated Online Streaming Service at SCVRC - LiveBarn City Hall Next Generation Firewall Agreement Crack Seal 2024 Contract Agreement Design Permit for Graphic Design Signs in Union Alley (Union Art Alley Extension) Downtown Lighting Project Bid Award and Agreement – Resolution 2024‐082 Policy and Fee Schedule Amendment for Overnight Bus Parking in Downtown Parking District – Resolution 2024‐083 (Fee Schedule Amendment at future meeting) Stillwater Riverfront Park Project – Grant Agreement TH 95 Entrance Monument License Agreement for Mural in City Right-of-way Tower Painting Radio Path Study and Relocation - Contract Agreement Well House #5 – Olive St. Generator Garage Additions Wine & Strong Beer Liquor License for DJ’s Clam Shack - Resolution 2024‐084 Liquor License Premise Extension for River Siren Brewery Our Heroes Tour Concert – Resolution 2024‐085 Therapeutic Massage Business License and Massage Therapist License – Resolution 2024‐086 Motion by Councilmember Polehna, 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 Proposed Flood Plan for Lumberjack Days City Attorney Kohlmann stated that due to flood conditions, the Lumberjack Days Celebration layout has been revised to move all the events to the parking lots and the stage to South Lowell, just north of the flag pole. Addi tionally, they would like to reserve lot #3 for City Council Meeting July 2, 2024 Page 4 of 6 the beer tent. The Downtown Parking Commission recommended not charging additional fees for this lot. Councilmember Polehna suggested allowing part of Chestnut Plaza to be used for the event if needed, at staff’s discretion, and Mr. Kohlmann stated the Plaza will be generally open for utilization. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna to approve the proposed Revised Event Layout and grant permission to use Chestnut Plaza as a backup space if needed. All in favor. Appeal to variance denial of a request to exceed the required structural impervious surface and facilitate construction of a pool located at 3085 Lowell Ct (Case No. CD2024-20) Community Development Director Gladhill informed the Council that on May 22, 2024, the Planning Commission heard and denied the application for a Variance request to exceed structural impervious surface and facilitate the construction of a pool. The Planning Commission found: 1. There are no unique physical conditions that necessitate having a pool. 2. Requesting a pool larger than allowed by City Code is not a practical difficulty. The applicant, Ground FX Lawn and Landscaping (the contractor), has appealed this decision to the City Council and is seeking approval of a Variance to permit the construction of a pool, increasing the total structural impervious to 49.6% coverage. The property owners are proposing to mitigate the lot coverage with stormwater management techniques. Staff recommends upholding the denial. Mayor Kozlowski stated it appears the City allowed the development to exceed impervious surface requirements; and Mr. Gladhill stated the homes are usually around 25% coverage, not including decks and other surfaces. Councilmember Collins noted when he was on the Planning Commission, the developer built the houses to the max coverage. Councilmember Junker asked about feedback from the Carnelian Watershed Management Organization; and Mr. Gladhill answered this regulation comes from the DNR. Another layer is the Watershed Management Organization which needs to review the request as well and give final approval. Councilmember Junker commented that this backyard butts up to another backyard rather than vacant land which could intensify any additional runoff impacts for the neighbors. Public Works Director Sanders stated the Brown’s Creek Watershed District has an agreement to handle permitting in this area. Densities were an issue when designing the development and the storm sewer was designed for a certain amount of impervious surface coverage. Adding impervious surface starts creating flood issues. He cautioned that water quality treatment is one way to mitigate that, but he is not sure that the soils there are the best for mitigation. Mayor Kozlowski stated he would like to allow the pool but the City must also protect the neighbors from impacts. He would like to have a discussion between the watershed and City staff to figure something out. City Council Meeting July 2, 2024 Motion by Councilmember Junker, seconded by Councilmember Polehna, to uphold the denial of the Variance request to exceed the required structural impervious surface and facilitate construction of a pool located at 3085 Lowell Ct (Case No. CD2024-20). Motion passed 4-1 with Councilmember Odebrecht voting nay. COUNCIL REQUEST ITEMS LMC Update Councilmember Odebrecht recapped the League of Minnesota Cities conference. ADJOURNMENT TO CLOSED SESSION Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn to Closed Session. All in favor. The Council adjourned to Closed Session at 7:53 p.m. CLOSED SESSION Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann, City Attorney Land The Council conducted a Closed Session Pursuant to Minn. Stat. 13D.05 Subd. 3(a) for purposes of conducting the City Administrator's performance evaluation. Motion by Councilmember Polehna, seconded by Councilmember Junker, to reopen the meeting. All in favor. ADJOURNMENT Motion by Councilmember Collins, seconded by Councilmember Junker to adjourn. All in favor. The meeting was adjourned at 8:32 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Cler Resolution 2024-080, Resolution Approving a Referendum Question on the November 5, 2024 Ballot to Impose a Local Option Sales Tax for the Betterment of the Riverfront Improvement Project Resolution 2024-081, Appointing Election Judges for the August 13, 2024 Statewide Primary Resolution 2024-082, Accepting Bid and Awarding Contract for the Downtown Lighting Improvement Project (2022-07) Resolution 2024-083, Resolution Approving Policy for Overnight Parking of Buses in the Downtown Parking District Page 5 of 6 City Council Meeting July 2, 2024 Page 6 of 6 Resolution 2024‐084, Approving Issuance of New Wine with Strong Beer Liquor License to DJ’sClamsMN, LLC, DBA DJ’s Clam Shack Resolution 2024‐085, Resolution Approving Liquor License Amendment for Temporary Outdoor Premise Extension at 225 Main Street North Resolution 2024‐086, Approving Issuance of Therapeutic Massage Business License and Individual Massage Therapist License for 2024