Loading...
HomeMy WebLinkAbout2021-12-07 CC MINi I lwa ter The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES December 7, 2021 REGULAR 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 McCarty 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 Rec Center Expansion/Curling Center Discussion City Administrator McCarty introduced Dr. Craig Waldron, who facilitated a Stakeholder Group to work through a concept design process for the possible Curling Facility/Connector Expansion at the St. Croix Valley Recreation Center. Dr. Waldron reviewed the preliminary draft of a concept design. Councilmember Junker asked if there has been any more discussion with USA Curling; and Dr. Waldron replied they are very excited about the proposal and view it as a potential site for their events, but are not able to commit to participating in a building project. Mr. McCarty stated that if the Council concurs, staff would recommend that the City Council 1) accept the draft concept design plan; 2) direct City staff to issue an RFP for construction cost estimates; and 3) utilize the City's financial advisor, Baker Tilly, to provide a business pro -forma due diligence review for the long-term operation. Jim Honsvall, St. Croix Curling, stated his group is prepared to pay up to half (up to $20,000) of the costs related to the RFP analysis and business pro -forma analysis. Motion by Councilmember Polehna, seconded by Councilmember Junker, to accept the concept design for the possible Curling Facility/Connector Expansion at the St. Croix Valley Recreation Center, and to more forward toward a cost sharing agreement with stakeholders to obtain a pro -forma and cost estimate. All in favor. City Council Meeting December 7, 2021 American R scue Plan Act (ARPA) Funding Allocation City Administrator McCarty stated that $2.15 million federal funding has been allocated to the City to be disbursed over two years. He provided a preliminary list of potential ARPA fund allocations and suggested a work session with department heads in the new year. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt Resolution 2021-163, Resolution Accepting the Coronavirus Local Fiscal Recovery Fund Established Under the American Rescue Plan Act (ARPA), and to apply ARPA funds to the items identified in the 2022 budget as ARPA fund -eligible. All in favor. Summary of Lobbying Firm Proposals City Administrator McCarty provided four lobbyist proposals with costs ranging from $32,000-42,000. Mayor Kozlowski and Councilmember Odebrecht volunteered to be on a team to review the proposals. Consumption of Alcohol in Lowell Park Discussion Mr. McCarty noted that the waiver from the prohibition of consumption of alcohol in the park, to accommodate outdoor seating under COVID, expired October 31. Police Chief Mueller stated the City has not had any issues with alcohol in Lowell Park. City Clerk Wolf clarified that the continued waiver will allow consumption without a permit, but it does not allow businesses to let an open container leave their premises. Events held in the park still must define their designated area for serving alcohol. Mayor Kozlowski suggested that, as part of discussion of the ordinance in the future, the Council consider applying the waiver to other parks as long as law enforcement has the tools to deal with people who are not being responsible. Motion by Councilmember Collins, seconded by Councilmember Polehna, to extend the previous waiver of the ordinance, thereby allowing consumption of alcohol in Lowell Park without a permit, until March 31, 2022. All in favor. STAFF REPORTS Public Works Director Sanders stated that South Twin Lake and Lily Lake are being de -listed from the MPCA's impaired waters list. Councilmember Odebrecht credited the City's thoughtful approach to development for the de -listing of South Twin Lake. Mr. Sanders added that work is progressing on the riverbank stabilization project and construction of the three overlooks will start this week. Councilmembers Polehna and Junker complimented Mr. Sanders and Public Works staff on helping with the City Christmas tree and other holiday decorating projects downtown. Police Chief Mueller reported the following: an officer had a large drug seizure recently; the Department just completed a body -worn camera audit; there has been an increase in scams, frauds, and thefts from vehicles. He encouraged anyone seeing something suspicious to call 911. The increase in mental health -related and substance abuse calls continues. Emergency management training for staff will be held in January. Page 2 of 13 City Council Meeting December 7, 2021 Councilmember Polehna and Mayor Kozlowski suggested holding community training sessions on theft prevention. Fire Chief Glaser stated the end of the year has been very busy. He cautioned that the ice is not yet thick. Staff is preparing for upcoming special events. The Department will celebrate its 150th anniversary in 2022. He recognized Firefighter Bernie Peltier's 90th birthday. Community Development Director Gladhill stated the Chestnut Street Plaza project is progressing. The demand for code enforcement is increasing. Kudos to Zoning Administrator Tait for his work. The December 21 EDA meeting has been cancelled. City Clerk Wolf stated the redistricting process has started. Maintenance of the public portal on the City website is complete and it will be back online soon. City Administrator McCarty stated that Administrator interviews will be conducted January 21 & 22. The King Plant advisory group will have its final meeting next week and a report will be provided. He informed the Council of the legislative breakfast December 17. OSHA vaccine rules are on hold. He provided a post -employment benefit update, saying the City's financial liability has been reduced by half. IT Manager Holman shared project updates. Cyber security risk assessment and tests will start next year. There may be some grants available for cyber security. Library Director Troendle shared info about upcoming library programs. He reported that the Library Board approved a plan to maximize public use of the event space, but to limit rental of the terrace to library -affiliated organizations and no private social events will be allowed at the library. RECESS Mayor Kozlowski recessed the meeting at 6:00 p.m. RECESSED 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 McCarty City Attorney Land City Clerk Wolf City Planner Wittman 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. Page 3 of 13 City Council Meeting December 7, 2021 RECOGNITIONS OR PRESENTATIONS Community Kitchen Service Award Mayor Kozlowski recognized Our Community Kitchen for for volunteering thousands of hours serving weekly meals for 10 years at Ascension Episcopal Church. Proclamation - Stillwater Area High School Mountain Bike Team Mayor Kozlowski lauded the Stillwater Area High School Mountain Bike Team on winning the State Championship in 2017, 2018, 2019, and 2021 and declared December 8, 2021 "SAHS Mountain Bike Team Day." Proclamation - Stillwater Area High School Girls Soccer Team Mayor Kozlowski commended the Stillwater Area High School Girls Soccer Team for winning the 2021 AAA Minnesota State High School League State Soccer Championship and declared December 9, 2021 "SAHS Girls Soccer Team Day." Waste Management Service Award Mayor Kozlowski recognized Waste Management employees Steve Frank and Leevan Adams for assisting a non-verbal seven year old boy and getting him to safety. OPEN FORUM Louise Hansen, 212 N Second St, commented that downtown looks beautiful. CONSENT AGENDA November 9, 2021 regular and closed session meeting minutes November 16, 2021 regular session meeting minutes Payment of Bills Resolution 2021-164, Adopting Delinquent Sewer Charges L.I. Project No. 0001 Resolution 2021-165, Adopting Delinquent Solid Waste Charges L.I. Project No. 0002 Resolution 2021-166, Adopting Delinquent Water Charges L.I. Project No. 0003 Resolution 2021-167, Approve Drainage & Utility Easement for the Town of St. Joseph La Carreta New On -Sale with Sunday Sales Liquor License Resolution 2021-168, Resolution Approving Renewals of Liquor Licenses for 2022 Resolution 2021-169, Approving 2022 Agreement for Employee Assistance Services Through Sand Creek EAP, LLP Sanitary Sewer Adjustments Resolution 2021-170, Resolution Authorizing Execution of a Development Agreement, Stormwater Maintenance Agreement, Tax Increment Financing Development Agreement and Approving the Assignment of Tax Increment Financing Documents and Estoppel Certificate, Case No. 2020-60 Resolution 2021-171, Resolution Authorizing Executive of an Assessment Agreement for the Collection of a Parking Mitigation Fee for 200 Chestnut Apartments, Case No. 2020-60 Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt the Consent Agenda. All in favor. Page 4of13 City Council Meeting December 7, 2021 PUBLIC HEARINGS Case No. 2021-64 Zoning Text Amendment to modify the fence code regulations Mayor Kozlowski announced this case will be postponed to a future meeting. Case No. 2021-66 Request by Miray and Tom Coleman to appeal CPC Case 2021-57 on the Planning Commission's approval of a Conditional Use Permit for outside storage and denial of a Variance to the City's Tree and Forest Protection Requirements for property located at 1749 Greeley St S in the BP -I district. City Planner Wittman explained the case. Stillwater Towing purchased the property at 1749 Greeley Street South and would like to move its business operations, including outside storage for an impound lot, to this site. Planned site alterations include tree and vegetation removal and driveway, parking and storage yard reconstruction and expansion. Though not contemplated at this time, the business may expand its operations in the future to include auto repair, a permitted use in this Zoning District. She reviewed the site plan and a new tree plan received on Friday, indicating that tree removal would not occur within 125 feet of the wetland or within 300 feet of the adjacent residential properties. On October 27, 2021 the Planning Commission held a public hearing where a question was raised regarding whether or not this use was permissible in the Business Park - Industrial zoning district. Staff noted impounded vehicles are temporary in nature and might be considered as outdoor storage. Public testimony, mostly in opposition, centered around the impact the development would have on natural resources (tree removal, habitat loss, runoff, stormwater pollution, and light/noise pollution). Several commissioners noted they understood the business expansion needs, but had concern over tree loss. In a 6-1 vote, with Odebrecht dissenting, the Planning Commission voted in favor of the CUP, but denied the tree replacement variance request. Since the hearing and within the allotted appeal period, the City has received several appeal letters from groups and individuals citing environmental concerns, potential business operation creep, business incompatibility with the nearby neighborhood, and property value concerns. Through their attorney, Cameron R. Kelly, Lommen Abdo P.A., Stillwater Towing requests the Council uphold the Planning Commission decision to approve the Use Permit. Just prior to the release of the agenda packet, the applicant submitted an updated narrative indicating they can comply with the City's tree and forest protection requirements and that, if the City were amenable, they would install a 10' barrier along the storage area. Councilmember Junker inquired about review by the Middle St. Croix Watershed; and Ms. Wittman responded that the Middle St. Croix Watershed Management Organization (MSCWMO) is not a permitting authority, but a review authority. The City is the permitting organization. The MSCWMO has reviewed the proposal and determined that with certain conditions the plan meets their requirements. Mayor Kozlowski asked if this business type is neither expressly allowed nor prohibited in this district; and Ms. Wittman replied that, according to the use table, auto sales, service, and storage are outright prohibited. Auto repair and services are outright permitted. Outside storage is conditionally permitted. Mayor Kozlowski pointed out when staff makes a recommendation it is based on law and code, rather than being considered to be the City's desire. He opened the public hearing. Page 5 of 13 City Council Meeting December 7, 2021 Jo Poshek, 1302 South Everett St, on Brick Pond, which drains into Lily Lake, voiced concerns about fluids from abandoned and wrecked vehicles contaminating the groundwater. The tree removal will cause more runoff going into Brick Pond which is a filter pond to help keep Lily Lake clean. There also will be visual and noise impacts to the neighborhood. Joanna Schnedler, 814 Rainbow Ct, pointed out if conditions are not met appropriately by the property owner, the CUP could be revoked, but that would only be after the expansion and removal of trees have already negatively affected nearby properties. The site is far closer to residences than described in paperwork. She provided photos showing the distance from her deck to the property which is right next to her kitchen window. She realizes Stillwater Towing is a longstanding and essential service, but this is not the right property for this type of business. Patrick Poshek, 1302 Everett St S, asked if there are measures in place on this property to prevent runoff that happens in a superstorm. He is concerned with antifreeze, transmission fluid, oil, and gasoline runoff. Max Johnson, 805 Rainbow Ct, stated tree removal will displace much of the wildlife which has already started moving into his backyard. He also voiced concern that housing several cars in one area could attract crime and theft of auto parts. Patrick Pudlik, 810 Rainbow Ct, told the Council that the property was clear cut last year. He does not want to see security lighting, flashing lights and noise. Tom Coleman, 809 Everett Dr, stated that he heard a lot of construction noise a year and a half ago on the property and that most of the trees have already been removed. The zoning code has not kept up with the City. He feels the Council must think proactively, not reactively, about how to use the City's assets to improve the quality of life. He asked who will assume the liability for the loss of property value. He feels the business negatively impacts the neighborhood and does not fit in the City of Stillwater. He recommended the Council consider other uses for the property. Karen Hulstrand, 1204 Everett St S, on Brick Pond, expressed concern for water quality, saying that to grade, add pavement and remove trees is the opposite of everything being done to improve Lily Lake. The proposal would devalue the neighborhood and should be denied. Gary Summerville, 815 Everett Dr, on Brick Pond, stated that an apartment building constructed across Brick Pond from him several years ago caused significant runoff into Brick Pond and actually created an island. Brick Pond was denigrated and nobody was held accountable. The City must be willing to hold people accountable for the damage they do. Cameron Kelly, attorney, representing RMR of Stillwater, Rick and Michelle Ritzer, stated the application is for a CUP; the application for the tree variance was withdrawn. Outside storage is allowed in the BP -I district. The business has been here for 40 years on its old site, coexisting with neighbors who live within 30-50 feet of the business with no noise complaints from any neighbors. The new site is in the most intense zone in the City and the proposed use is permitted under code. The business is well run, clean, quiet, and a good neighbor. The new site will be much safer because it is at the stop light and is set up in a way that trucks can turn around in the lot. The residents heard from tonight are 6-10 times Page 6 of 13 City Council Meeting December 7, 2021 further away from the operation than neighbors of the current operation. It is not true that most of the trees have been removed. Every tree on the lot was inspected and tagged. In order to tag the trees, the owner removed the understory, which will grow back quickly and provide additional screening. There are 265 trees on the property and 35% (93 trees) may be removed without permission. According to the plan, approximately 97 trees would need to be removed. Of those 97, the owner thinks he can save four to meet the code. He intends to plant more trees in the SE corner of the lot and to fully screen the impound lot with an 8- 10' fence or a solid wall. Additional vegetation will obscure the wall from view; vehicles are not tall enough to be seen over a 10' fence. Lighting will be cut off at the property line. He has considered using some sort of insulation to dampen the noise. The code states outside storage is allowed by CUP. This district is the best place in the City for this type of use. There are six or more auto repair services within 1000 feet of this lot - each has auto storage outside, none are screened. Councilmember Junker asked for clarification on the terms storage lot and impound lot. He asked how many parking spaces are in the enclosed area; and Mr. Kelly stated that an impound lot is storage with restricted access. The timeline depends on the vehicle and purpose for which it was taken. It is a 2.1 acre parking surface on a 5.2 acre lot. Rick Ritzer, applicant, stated the number of parking spaces depends on the size of the cars. The lot will be large enough to drive in and unload cars without moving other cars, which he cannot do at his present site. He explained that he brings vehicles in after accidents, abandoned cars, illegally parked cars, and that state law requires various holding times. He has another storage lot off Stagecoach Trail eight miles away, where he takes cars out of his lot and then the junkyard picks them up down there in bulk. Councilmember Collins asked why Mr. Ritzer does not maximize use of the other lot off Stagecoach instead of moving to the proposed site; and Mr. Ritzer stated a Stillwater site is more central because he serves a 20-mile radius north and south, as well as 10 miles into Wisconsin, and 15 miles to the west. His other lot is a totally different business. Mr. Kelly added that Mr. Ritzer does no parting and no salvage; it is not a junkyard. Councilmember Collins asked if Mr. Ritzer does any sales; and Mr. Ritzer replied he sells 20- 30 cars per year. He is willing to give that up and send them to auction because it is not a revenue generator, just a way to get rid of cars. He outgrew his present location 20 years ago and wants to stay in Stillwater. There are no other properties in Stillwater to do this. Regarding fluids, there are 8 tanks being put in under the pavement and everything will run into them except for a small holding area in the front yard. Every three years the tank system will be pumped out. The cars are cleaned at the scene and when they come in. His lot is spotless. Public Works Director Sanders added that it will be an underground storage system that holds water that infiltrates into the ground. If the tanks do not hold the water they will overflow into a storm sewer system that goes down into Brick Pond. Rain gardens are being put in to help capture runoff, meeting the requirement for the watershed and the City for volume control and rate of flow. The property owner is responsible for maintaining everything on his property. The City has an illicit discharge ordinance holding the property owner responsible for whatever drains into the City stormwater system. Page 7 of 13 City Council Meeting December 7, 2021 Councilmember Polehna asked if the City could require the applicant to put in an oil separation system; and Mr. Sanders replied staff could look into that. John Schnedler, 814 Rainbow Ct, thanked the applicant for answering questions and concerns. He feels it is a need versus want situation. With the storage area the applicant owns on Stagecoach, the proposed location as it is now, and the old site, he has more than enough space, but does not want to use it. Mr. Ritzer answered that his site on Stagecoach is not big enough and is not an impound lot. He has a small fenced area there for large vehicles only, but all cars are on gravel outside so it cannot be used for police -confiscated cars which must be secured. Mr. Coleman reiterated that most of the trees were already removed so the remaining trees represent a small fraction of what was there originally. Second, the Council must take into account the negative impact on property values which outweighs any economic value of having the business there. He feels the applicant is asking the City and the other property owners to assume the negative value. Norma Wilson, 804 Harriet Dr, stated if auto sales are prohibited, then why would the applicant be allowed to sell any cars? When the understory grows back, residents will see understory, but also the wall. She would rather look at an urban forest. Pam Pudlik, 810 Rainbow Ct, stated there is nothing that will hide the business including the wall. Light refracts off cars and it will be an eyesore. There are many other possible locations for the business in Stillwater. Lou Ann Marsden, 806 Everett Dr, suggested it would be more feasible for the applicant to fence in the property he owns on Stagecoach and add security so he could expand that site instead of this proposal. Mike Lyner, 1031 Abbott St W, president of Friends of Lily Lake, stated the main fear is harming Lily Lake, now that it has finally been taken off the impaired waters list. Mayor Kozlowski closed the public hearing. Mayor Kozlowski stated the residents must understand the question is whether storing cars outdoors is permitted or not per the zoning code. There are lots of allowed uses that would be far more intrusive than this proposal. It does not make a lot of sense having the City's most intense zone abutting a residential neighborhood, but that is a different issue. Environmental impacts of this new project are probably beneficial to Stillwater compared to the current lot, and the new site would be safer for trucks backing up. Councilmember Odebrecht noted that the residents live adjacent to an industrial zone. There is a process with the City to address whether that is the best use of the land, but the Council cannot do that tonight, its job is to apply the present codes to this application. He voted no at the Planning Commission meeting because he felt the use was not permitted. He knows the owner runs a good business, but a CUP travels with the land and a future owner may not be as responsible. Councilmember Junker pointed out the property was used by a trucking company since the 1940s. Mr. Ritzer runs a clean business. This site will look better than before, and will be an asset on Greeley St. Page 8 of 13 City Council Meeting December 7, 2021 Councilmember Collins agreed with the concern that a CUP runs with the property forever. He feels this is auto storage and is not permitted in the district. Councilmember Polehna agreed the applicant runs a good business and the new site is safer. He is fully in favor of moving the business there, but does not think vehicles should be stored there. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to uphold the appeal from the adjacent property owners and overturn the Planning Commission's decision. City Attorney Land stated that findings for denial must be stated for the record. Ms. Wittman recapped that the Council has found that auto sales, service and storage is not permitted in this zoning district and therefore it is not consistent with the use permit provisions. She pointed out the code does not make a distinction between indoor and outdoor storage. Mayor Kozlowski asked what is the difference in the code language, between auto service and auto repair; and Ms. Land replied that is one reason this is before the Council: there is ambiguity and inconsistency in the code and that is why the Council must make a policy - level decision about exterior auto storage. Mayor Kozlowski noted the Council will need to look at how this clarification impacts the rest of the district. Councilmember Odebrecht withdrew the motion. Community Development Director Gladhill pointed out if additional clarification is sought, staff would probably need until the January 4 meeting. Mayor Kozlowski suggested that staff look at clarifying language and strengthening recommended conditions of approval before January 4. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to table Case No. 2021-66, request by Miray and Tom Coleman to appeal CPC Case 2021-57 on the Planning Commission's approval of a Conditional Use Permit for outside storage and denial of a Variance to the City's Tree and Forest Protection Requirements for property located at 1749 Greeley St S, to the January 4 City Council meeting. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Water Street Inn Request for Ice Skating Rink in Parking Lot 4 and Liquor License Premise Amendment City Clerk Wolf informed the Council that Chuck Dougherty, Water Street Inn, submitted an event application for a 40' x 116' ice rink in Parking Lot #4 from January 8-March 20. The rink will be used for events including Pond Hockey, St. Croix Curling, Winterfest and Fire & Ice, and also for public skating. The event organizer is proposing to pay for installation, upkeep, all insurance coverage, public bathrooms (in the hotel), use of the ballroom area for warming space and team meeting area, and use of heaters on their outside patio. They are Page 9 of 13 City Council Meeting December 7, 2021 requesting that the City approve the use of Lot #4, use of City hydrants for the first two floodings, City removal of the snow piles from outside of rink as needed, and waive all City fees associated with this request. The Downtown Parking Commission recommended that the City Council waive fees this year for the ice rink for the reservation of Lot 4, in recognition of the ice rink being a community amenity. Staff recommends closing the ice rink by February 28, 2022, the same time as other City ice rinks and allow event organizers to use the following week to take down the ice rink to open up the lot for parking. The event organizer has requested to service alcohol in the City Parking Lot. Water Street Inn's on -sale liquor license could be amended. Motion by Councilmember Polehna, seconded by Councilmember Collins, to to approve the special event agreement, waive the event fee and City fees for use of Lot 4 and adopt Resolution 2021-172, Resolution Approving an Amendment to Liquor License for Temporary Outdoor License Premise. All in favor. St. Croix Sauna Request in Parking Lot 4 Ms. Wolf stated that Jeff Freitag and Mike Murry, the owners of St. Croix Sauna, LLC., submitted a special event application to install a mobile sauna in Parking Lot #4 from December 1, 2021 through May 16, 2022. The sauna would be staffed by an attendant at all times and available for groups to rent. The request is to use four parking stalls in the northeast corner of Lot 4. Since this appears to be a for -profit endeavor, staff recommends that the mobile sauna not be located on City property, but rather on private property. The Downtown Parking Commission recommended approval of the use of Lot 4 for the mobile sauna only if Lot 4 is closed, with the exact location of the sauna to be determined by Public Works staff, and with the end date to coincide with the removal of the ice rink. Councilmember Junker noted the Council has been struggling with private business use of City parking lots and street parking, and needs to have more discussion on the topic. The applicant responded that the sauna would fit perfectly with all the existing activities. He would pay for the parking spaces, providing City revenue, and would also donate a certain amount per person for the Wintertime in Stillwater campaign. He has talked with the Chamber about giving free saunas to the World Snow Sculpting Championship participants. The sauna does not compete with any other local businesses. Mayor Kozlowski noted it is not about the applicant or the business, but the Council must spend more time studying the private use of public spaces. He recommended they find a private lot to place the sauna. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to deny a request by St. Croix Sauna for a special event permit to install a mobile sauna in Parking Lot #4. All in favor. Zephyr Theatre Ice Maze and Liquor License Premise Amendment Community Development Director Gladhill explained that the Zephyr Theater has applied for permission to host an ice maze palace in their parking lot from January 14 through February 28, 2022 (weather permitting). The palace is made up of more than 2,000 blocks of ice, weighing over 500,000 pounds, and containing a half mile of twisty passages and a 30-foot slide. Since the event will be held entirely on private property, a special event permit Page 10 of 13 City Council Meeting December 7, 2021 is not necessary. However, the City Council may approve a "one time" event not occurring on a regular basis without going through the entire Special Use Permit process. The Council is asked to review and approve or deny the Ice Palace Maze event for 2022. This event took place last year in the same location with no negative incidents. Councilmember Junker asked if there are events going on inside the Zephyr Theatre during the timeframe that would pose a need for parking; and Calyssa Hall, Director of Zephyr Theatre, stated they are not planning on any indoor events during January and February, but delivery of the ice will begin right after Christmas with one more week of a show. They could ask cast members to park down the street and shuttle them over to alleviate any parking shortage. Councilmember Odebrecht complimented the Zephyr Theatre on its continuing willingness to work with residents and the City. Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to approve the special event permit and adopt Resolution 2021-173, Resolution Approving Amendment to Liquor License for Temporary Outdoor License Premise. All in favor. Truth in Taxation Presentation for 2022 Budget & Tax Levy Mr. McCarthy presented the proposed 2022 budget and tax levy. The final 2022 City levy is proposed to be +6.52% over the 2021 Levy. As a result of increases in property values and taxable tax capacity, the proposed Final 2022 Budget and Levy results in the lowest City tax rate in the past decade. Finance Director Provos reviewed the 2022 budget impacts, proposed operating revenues and expenditures, property tax rates and impacts. Staff recommends the Council adopt resolutions adopting the final tax levy of $15.9 million and adopting the final budget appropriations totaling $21.1 million for 2022. There were no public comments. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2021-174, Adopting the Final Tax Levy for the Payable Year 2022, and to adopt Resolution 2021-175, Adopting the Final Budget Appropriations for the Year 2022. All in favor. Lora Hotel/Event Center Request For Waiver of Outdoor Amplification Noise Ordinance Mayor Kozlowski noted that the applicant requested this item be pulled from the agenda. Sustainable Stillwater MPCA Grant Request to Complete a Climate Action Plan Community Development Director Gladhill reported that in mid -November, staff was approached by Sustainable Stillwater about a grant opportunity through the Minnesota Pollution Control Agency (MPCA) to help create a Climate Action Plan. A proposal from paleBLUEdot has been received. Staff has concern about available staff resources to manage and participate in the process. He recognized that Sustainable Stillwater did a great job of preparing a solid, detailed proposal and the City is excited to be working with the group, however the City may want to look at adding staff with an environmental focus. Linda Countryman, GreenStep Cities, provided an overview of the grant. She shared information about paleBLUEdot, the company which submitted the proposal to help create Page 11 of 13 City Council Meeting December 7, 2021 a climate action plan. She explained the elements of a climate action plan and its benefits. Sustainable Stillwater and paleBLUEdot would do most of the work to coordinate the grant application. If awarded, as partners with the City, they would facilitate a collaborative community process. The grant is a $30,000 grant opportunity, with $7,500 cash requirement from the City. She reviewed the proposal by Sustainable Stillwater and what the City's commitment would be in terms of staff time (300-350 hours) and cost ($7,500). Mayor Kozlowski voiced appreciation for Sustainable Stillwater. His concern is not the $7,500, but staff hours especially considering new and retiring staff. He realized that other cities doing a climate action plan have the benefit of having an energy and environment commission, a conservation and sustainability fund, and a sustainability coordinator on staff before they did their plan. Mr. Gladhill added that the grant is available every two years. If the City did a plan on its own, it would cost about $70,000, so the grant presents a unique opportunity. Councilmember Odebrecht pointed out that the Council tends to look at strategic plan items in the June/July timeframe. With the grant application deadline coming so soon, the City would have to pull 2-3 things off a list in order to accomplish the climate action plan. Councilmember Polehna stated he is concerned that the City keeps pushing other things back for years at a time such as the sign ordinance and a rental ordinance to protect renters. Roger Tomten, Sustainable Stillwater, stated the group could come back with more info. Ted Redman paleBLUEdot, via Zoom, stated the intent would be to try to make it as easy as possible for the City. The hours included were a conservatively high estimate. There are ways of reducing the amount of time needed from City staff. Mr. Gladhill commented that rather than rushing to meet a grant deadline, if the City did a climate action plan without the grant, it could be budgeted for 2023, or wait two years from now to apply for the grant. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourned at 10:29 p.m. Ted Kozlowski, Mayor ATTE T: Beth Wolf, City Cie Resolution 2021-164, Adopting Delinquent Sewer Charges L.I. Project No. 0001 Resolution 2021-165, Adopting Delinquent Solid Waste Charges L.I. Project No. 0002 Resolution 2021-166, Adopting Delinquent Water Charges L.I. Project No. 0003 Page 12 of 13 City Council Meeting December 7, 2021 Resolution 2021-167, Approve Drainage & Utility Easement for the Town of St. Joseph Resolution 2021-168, Resolution Approving Renewals of Liquor Licenses for 2022 Resolution 2021-169, Approving 2022 Agreement for Employee Assistance Services Through Sand Creek EAP, LLP Resolution 2021-170, Resolution Authorizing Execution of a Development Agreement, Stormwater Maintenance Agreement, Tax Increment Financing Development Agreement and Approving the Assignment of Tax Increment Financing Documents and Estoppel Certificate, Case No. 2020-60 Resolution 2021-171, Resolution Authorizing Executive of an Assessment Agreement for the Collection of a Parking Mitigation Fee for 200 Chestnut Apartments, Case No. 2020-60 Resolution 2021-172, Resolution Approving an Amendment to Liquor License for Temporary Outdoor License Premise Resolution 2021-173, Resolution Approving Amendment to Liquor License for Temporary Outdoor License Premise Resolution 2021-174, Adopting the Final Tax Levy for the Payable Year 2022 Resolution 2021-175, Adopting the Final Budget Appropriations for the Year 2022 Page 13 of 13