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Home My WebLink About2022-01-18 CC MINU1Iwate& The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES January 18, 2022 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/Acting City Clerk McCarty Acting City Attorney Johnson Community Development Director Gladhill City Planner Wittman Finance Director Provos Fire Chief Glaser Human Resources Manager Robole Police Chief Mueller PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Distinguished Service Award - ❑fficer Ryan Mitchell Police Chief Mueller presented a Distinguished Service Award to Officer Mitchell for his work with the Reserve Officer Corps over the past 14 years. Letter of Commendation - Officer Michael Mallet Police Chief Mueller presented a letter of commendation for Officer Mallet's participation in the American Society of the Pink Patch Project and Special Olympics Minnesota. OPEN FORUM There were no public comments. STAFF REPORTS City Administrator McCarty, on behalf of Public Works Director Sanders, stated most of the rip rap on the St. Croix Riverbank Project will be done next week. Fire Chief Glaser thanked all who participated in the blood drive. He reported that there was a significant fire in May Township, and a room and contents fire today. On Friday a non- resident was rescued from the edge of the bluff. Police Chief Mueller stated Stillwater is not seeing carjackings, but is seeing thefts from vehicles and of vehicles. Most stolen vehicles were running or had keys left in them. ICS training was recently completed. He reported that nationwide, 458 officers were killed in City Council Meeting January 18, 2022 the line of duty in 2021, the highest total since 1930. More than 300 deaths were from COVID. The Captain position is being finalized and there is an open officer position. He commended the personnel who assisted in talking a young man off the bridge. Finance Director Provos stated the American Rescue Plan Act funding final rule came out January 6. A key change addresses the use of funds for revenue losses. A flat standard allowance up to $10 million is allowed for general government services. Community Development Director Gladhill stated the Department has been focusing on replacing the Zoning Administrator. Interim consulting services will be used to help with planning and zoning. There have been additional changes requested in the Chestnut Plaza design. The 200 Chestnut apartments demolition will begin around February 1. City Administrator McCarty, on behalf of City Clerk Wolf, stated that due to the caucus, the City Council cannot meet at 7 p.m. on February 1. The Council decided to only meet at 4:30. He stated that the Strategic Plan Action Step Update will be provided February 1. He reminded the Council of the final interviews for the administrator candidates. The King Plant advisory group final report should be done by February 8. CONSENT AGENDA January 4, 2022 Regular and Recessed Meeting Minutes Payment of Bills Animal Humane Society Impound Housing Services Agreement for 2022 Resolution 2022-009 Brown's Creek State Trail Hwy 5 Connection Letter of Support - Case 2021-66 Rejecting Appeal and Upholding Planning Commission Approval of Conditional Use Permit for Outside Storage at 1749 Greeley Street South Haulers Rolloff License for Schill's Dumpster Services LMC Liability Coverage Waiver Form Resolution 2022-011 Participation in National Opioid Settlements Resolution 2022-012 Washington County Household Hazardous Waste Day License to Use Lily Lake Councilmember Collins asked that Case 2021-66 Rejecting Appeal and Upholding Planning Commission Approval of Conditional Use Permit for Outside Storage at 1749 Greeley Street South , be pulled from the Consent Agenda for discussion. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda as amended. All in favor. Councilmember Collins suggested extending Condition #15, testing for water runoff, to require testing every other year. He pointed out that the site will increase dramatically in size and a large amount of money was spent to clean up Lily Lake. City Planner Wittman stated the applicant will be required to hire a third party to test the water sampled at the property's outlet where it comes out of their underground storage area after being treated. An additional condition is to retain an easement in the adjacent area to prevent erosion. The applicant also will be required to have a stormwater maintenance agreement with the City that gets recorded against the property. The Middle St. Croix Watershed Management Organization imposes further conditions, including details Page 2 of 6 City Council Meeting January 18, 2022 of the management facilities, a stormwater pollution prevention plan, easements and maintenance agreements for the system. Council consensus was to agree to modify Condition #15 to require testing for two consecutive years and every other year thereafter. Referring to Condition #4 regarding junk storage, Councilmember Polehna stated he does not want to see every car remain there for 180 days, only those for which that length of time is required by law, but right now it is not spelled out. Ms. Wittman replied the condition could state, "disabled, abandoned or impound vehicles may not be stored on site for greater than allowed by law or a maximum of 180 days." Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve Resolution 2022-010, A Resolution Rejecting an Appeal to, and Upholding the Planning Commission Approval of, a Conditional Use Permit for Outside Storage Associated with Stillwater Towing to be Located at 1749 Greeley Street South (CPC Case No. 2021-57 & 2021- 66), with Condition #15 being changed to "for the first two consecutive years and every other year thereafter" and Condition #4 being changed to "disabled, abandoned or impound vehicles may not be stored on site for greater than allowed by law or a maximum of 180 days." Motion passed 4-1 with Councilmember Collins voting nay. PUBLIC HEARINGS Case No. 2021-64 to consider a Zoning Text Amendment to modify the fence code regulations City Planner Wittman explained that staff is requesting modification to the fence regulations to allow for enforcement consistent with the recently -adopted administrative citation provisions, and to provide additional clarification, including a requirement for maintenance of fences. The Planning Commission recommends adoption of the Zoning Text Amendment. Councilmember Polehna requested that for the second reading, language be added requiring that a fence be finished. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt first reading of an Ordinance Amending Stillwater City Code by Repealing and Replacing City Code Section 31-508, Fence Regulations. All in favor. UNFINISHED BUSINESS Chestnut Street. Plaza Project Design Changes Requiring Contract Amendment Mayor Kozlowski announced this item has been pulled from the agenda. Compensation Plan Wage Schedule Implementation - Resolution City Administrator McCarty McCarty explained that the estimated 2022 fiscal impact to implement the updated Compensation Plan Wage Schedule in the GovHR USA Final Report retroactive to January 1, 2022 is approximately $240,000, of which approximately $200,000 is levy cost and $40,000 is enterprise fund cost. The adopted 2022 budget included an appropriation of $100,000 for implementation of the updated Compensation Plan Wage Page 3 of 6 City Council Meeting January 18, 2022 Schedule, leaving an implementation cost gap of $100,000. In order to fund the gap, staff reviewed all 2022 budgeted revenues and expenditures and all existing fund balances. To cover the shortfall, staff recommends that the Council authorize a one-time expenditure from the general fund balance. The Council is asked to implement the revised/updated wage schedule and authorize the expenditure of $100,000 already included in the 2022 budget plus authorize a one time expenditure from the general fund balance. Councilmember Junker complimented GovHR on the report. He asked about the longevity of the new compensation wage plan; and Mr. McCarty answered typically, three to five years. Human Resources Manager Robole via Zoom added that GovHR provided tools to use in the future to update the plan. Before 2017, Stillwater had not done a market study in 10+ years so there was a lot of catching up to do the last time. Now that a formal structure is in place, it will be monitored every three, five or seven years. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2022-013, Resolution Approving Implementation of Updated Stillwater Compensation Plan Wage Schedule Effective January 1, 2022; Authorizing $100,000 Expenditure of Unassigned General Fund Balance to Assist in Funding Implementation Costs, adding that the shortage will be paid from the general fund and utility fund balance. All in favor. Covid 19 Pandemic Updates: Update on OSHA Vaccine Mandate: Employer Paid Covid-19 Leave - Resolution: Mask Requirement for City Staff in City Facilities Mr. McCarty explained the recommended employer -paid COVID-19 leave policy, based on the Centers for Disease Control and Minnesota Department of Health guidelines. Staff recommends creating a bank of 80 hours of COVID leave time for all employees. If it is not used in 2022, it would not accrue. It would be retroactive to January 1. Mayor Kozlowski asked about the financial impact; and Human Resources Manager Robole explained that new employees get eight hours of time each month for sick leave. Many of the collective bargaining agreements freeze their ability to use that time until they have worked six months. Councilmember Polehna asked how the City will monitor how long staff is on leave; and Ms. Robole replied that staff is doing a very good job working with their supervisors on a case by case basis. Finance Director Provos added that COVID leave just represents a different bucket that the funding is coming out of. If an employee leaves, they do not get paid for sick leave unless they have been employed 10 years or longer so the impact is negligent. The COVID leave is eligible for reimbursement under ARPA. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2022-014, Approving Employer Paid Covid-19 Leave. All in favor. Mayor Kozlowski asked about the mask requirement for City staff in City facilities; and Mr. McCarty replied that due to the huge spike in COVID cases, staff is considering asking the Council to support a mask requirement for staff while inside City facilities and working with others. Staff is not looking at asking the public who enter a City facility to mask. The mask requirement would run through February, but would not exceed the omicron variant spike Page 4 of 6 City Council Meeting January 18, 2022 time. It would not be punitive, but would be a "strong recommendation" for voluntary compliance. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to require masks for staff through February with allowance for the City Administrator to administer the requirement as he sees fit. All in favor. Legislative Priorities Discussion - Potential Bonding Bill Request City Administrator McCarty led discussion of potential 2022 legislative agenda items for the lobbying firm Lockridge Grindal Nauen to work on. While the Council previously discussed the possibility of a local sales tax, the lobbyist felt it is not the right time to start pushing that in this legislative session. The lobbyist recommends the Council focus on the need for funding for improvements in parks and recreation facilities and bundle it as a phased approach, emphasizing the regional significance aspect. There is about $9.5 million worth of projects. The lobbying firm will work with legislators to draft the necessary legislation and then start pressing this forward in the bonding bill process. The legislature starts meeting January 31. Another item that the lobbying firm will bring up is the White Bear Lake lake level litigation. The lobbying firm will be supporting a bill drafted by Senator Housley. Councilmember Polehna noted that the Council approved a resolution supporting the County on Trunk Highway 5 for the bike trail - that should be added to the list, as well as a regional curling center addition on the Rec Center. Mr. McCarty stated the lobbying firm is aware of these items. NEW BUSINESS Fire Department Staff Analysis/Proposal and Contract Award - Resolution Mr. McCarty stated that seven consulting firms submitted proposals to perform a Fire Department Staffing Analysis. Staff recommends acceptance of the proposal and award of the professional services agreement to Fitch and Associates in the amount of $34,995. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2022-015, Resolution Accepting Proposal and Awarding Professional Services Agreement to Fitch & Associates for Stillwater Fire Department Staffing Analysis Consulting Services. All in favor. COUNCIL REQUEST ITEMS Mayor Kozlowski and the Council encouraged everyone to check out the snow sculpting championship event being kicked off tomorrow. Councilmember Polehna expressed sadness on the death of Major General James O'Brien's wife Marjorie last week. Page 5 of 6 City Council Meeting January 18, 2022 ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:35 p.m. Ted Kozlowski, Mayor ATTEST: Y Tom McCarty, A City Clerk Resolution 2022-009, Resolution of Support for Washington County's Application for the County State Aid Highway 5 Connection to the Browns Creek State Trail Project to the Economic Development Administration Resolution 2022-010, A Resolution Rejecting an Appeal to, and Upholding the Planning Commission Approval of, a Conditional Use Permit for Outside Storage Associated with Stillwater Towing to be Located at 1749 Greeley Street South (CPC Case No. 2021-57 & 2021-66) Resolution 2022-011, Resolution Approving the Memorandum of Agreement (MOA) Between the State of Minnesota and Local Governments and Authorizing Participation in National Opioid Settlements Resolution 2022-012, Approving License to Use Real Property Resolution 2022-013, Resolution Approving Implementation of Updated Stillwater Compensation Plan Wage Schedule Effective January 1, 2022; Authorizing $100,000 Expenditure of Unassigned General Fund Balance to Assist in Funding Implementation Costs Resolution 2022-014, Approving Employer Paid Covid-19 Leave Resolution 2022-015, Resolution Accepting Proposal and Awarding Professional Services Agreement to Fitch & Associates for Stillwater Fire Department Staffing Analysis Consulting Services Page 6 of 6