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Home My WebLink About2022-02-01 CC MINill 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 February 1, 2022 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:32 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker (remotely), Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Clerk Wolf City Attorney Land Community Development Director Gladhill Fire Chief Glaser Police Chief Mueller Finance Director Provos Public Works Director Sanders IT Manager Holman Library Director Troendle OTHER BUSINESS Event Policy ❑iscussion City Administrator McCarty noted that at the direction of the City Council, the staff events planning team has met numerous times since October to review and consider possible updates to the City Events Policy, focusing on City support of events management, related City costs and current fee structure. The Council may wish to consider a more generalized fee structure. Staff estimates that the City annually spends $250,000 - $300,000 of City resources to support events, while event fee revenue generally funds less than 10% of that. He discussed in detail several recommendations and requested Council direction to proceed with regard to: 1) updates to the City Events Policy and Fee Schedule; 2) Outdoor Seating/Sales Area permitting criteria to be included in policy/ordinance updates. Mayor Kozlowski noted $250,000 is not excessive considering the economic value of a year's worth of events in Stillwater. If that funding were used to hire one or two full time event coordinator positions, it may run more efficiently and free up other staff somewhat. Mr. McCarty reasoned that even with a full time event coordinator, there would still be involvement from law enforcement, public safety personnel and other staff. Councilmember Polehna commented that the City's job is to serve the public. He did not think $250,000 was excessive. Councilmember Odebrecht stated there may be opportunities to collect some of the funding and streamline the process by working with coordinators of the events. He asked about the amount of added burden when event permit applications come in late; and Mr. McCarty replied that staff has tried many mechanisms to encourage timeliness but continue to get City Council Meeting February 1, 2022 last minute applications. The City should reach out to the event organizers who regularly do events in Stillwater to consider how to streamline the process. The Council also should look at zoning ordinance provisions covering events held on private property downtown and in other areas of the City. The Parks Commission and Downtown Parking Commission should be involved. Perhaps there should be a standard fee for a parking lot rather than basing a fee on the number of stalls reserved. Mr. McCarty went on to address temporary outdoor seating and sales permits which the Council has allowed for the past two years. Currently there are 22 requests for these permits and the emergency rules are no longer in effect. The Council needs to determine whether it is going to allow these, and if so, where and under what regulations. There will be many construction projects going on downtown this summer that will constrict traffic flow. Other issues are whether there should be standardized construction for what a parklet looks like, and whenever alcohol service is expanded, the Council must determine whether the area is contiguous to the space already licensed. Lastly there should be some sort of fee structure that goes along with any permits that are issued. Mayor Kozlowski stated he has no problem with expanded footprints on private property. In other areas, although he would like to adopt a specific design for parklets like other cities do, Stillwater does not have the street space for it. Councilmember Junker stated he has no problem with expanded areas on private property. On public property, the only area he would really consider allowing the expanded footprint to continue is Union Alley. The City needs to work on other issues to clean up the downtown during this heavy construction period. Mr. McCarty added that the Met Council will now begin charging the sewer access fees for the additional square footage for these expanded areas, which it had waived during the emergency rules. Councilmember Polehna stated he is fine with expanded uses on private property, but he has a problem with giving up public property for private business use. City Attorney Land noted there is public purpose in allowing limited use of public space through an encroachment agreement for certain periods of time with certain rules. Mr. McCarty stated staff will determine how to notice the community about the direction of the Council discussion, work with legal counsel on how best to frame what is allowed, and bring a proposed framework to a future meeting for Council discussion. Councilmember Junker remarked he has heard complaints about all the sandwich boards downtown. Combined with merchandise, flower pots and benches, the sidewalks are getting cluttered and hard to navigate. Councilmember Polehna stated he would like to review Water Street, which is often blocked with delivery trucks, and revisit the design for the Chestnut Plaza to find a way to prevent cars crossing there most of the day. Police Chief Mueller stated he shares the concern about vehicles crossing Chestnut Plaza and Sam Bloomer way, considering the bike trails and pedestrian access all in the same area. Mr. McCarty summarized that staff will work on outdoor seating and sales permit standards, and guidelines for private properties. On special events, staff will work with event organizers on possible fee structure changes and ways to streamline the process. Page 2 of 4 City Council Meeting February 1, 2022 Consider Options for Title Objection for 107 3rd St N: Case of Landucci Homes Community Development Director Gladhill reviewed the background involving proposals for an apartment building at 107 3rd St N which were denied by the Council. A previous parking allocation, which the City provided to Trinity Lutheran Church, the previous property owner, included a provision for a one-time transfer of the parking rights. The one- time transfer was exercised when the Landucci parcel transferred to Browns Creek West, LLC (current property owner). Landucci Homes is now purchasing the business of Browns Creek West, LLC (that has rights to the previous parking allocation) rather than purchasing the property from Browns Creek West, LLC. The developer is proposing a similar project fully on the Landucci parcel (not needing the City easement or adjacent property). As part of the new transaction with Browns Creek West, LLC, Landucci Homes' representatives have a concern with the title work for the Landucci parcel and want the City Council to remove this provision of the Development Agreement. Landucci Homes is willing to execute a Temporary Parking Easement that would expire at time of development of the parcel. The question is whether the Council is willing to release the encumbrance if the developer brings forth a project that meets zoning code. The matter has been reviewed by the City Attorney. Staff is requesting City Council broad policy direction. City Attorney Land clarified that the City is entitled to the easement recorded against the property, it just never got drafted. If the Council still wishes to have it, then staff would obtain it. Councilmember Odebrecht asked how the Downtown Parking Commission feels about it. Mr. Gladhill replied the Downtown Parking Commission has not addressed this newest proposal, but they have concerns globally with parking in this area. City Attorney Land voiced concern about the optics of giving up seven parking stalls when the City is deficient on parking downtown. The consensus of the Council was to direct staff to clean up the easement and keep the seven parking stalls. ARPA Funds City Administrator McCarty reported that the City's ARPA funding allocation is $2,144,882, and the City Council has allocated $445,000 (20.7%) for eligible 2022 capital expenditures in the Responding to Public Health Emergency category. The City must choose whether to exercise the "standard allowance" provision prior to April 2022. If the City Council exercises the "standard allowance" option, the remaining $1,699,882 of ARPA funds could be utilized for any service provided by local government. The Council must encumber the remaining ARPA funds by December 31, 2024 and spend the funds by December 31, 2026. He and Finance Director Provos will bring further details back to a future meeting. Appointment of City Administrator City Administrator McCarty introduced the resolution appointing the next City Administrator. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt Resolution 2022-016, Appointing Joseph Kohlmann as City Administrator for the City of Stillwater Effective March 7, 2022; Approving the Employment of Joseph Kohlmann. All in favor. Page 3 of 4 City Council Meeting February 1, 2022 STAFF REPORTS Police Chief Mueller cautioned the public to stay off the river for safety reasons. Whether or how the Police Department is involved in a school board meeting is not indicative of the City's commitment to student safety. The past two special events went very well. This Saturday is the Stillwater Police Association Benefit at Oak Glen Golf Course. Congratulations to Sgt. Brian Bruchu on his promotion to Patrol Captain. Community Development Director Gladhill reported that the 200 Chestnut project has started. Staff is aware that a local resident hopes to do a skate park somewhere in the City. The Zoning Administrator position will be retitled Assistant Planner and recruitment efforts will start soon. There will be an EDA meeting February 15. City Administrator McCarty updated the Council on lobbying efforts. The RFP for construction cost estimates for the possible Rec Center expansion has gone out. The King Plant Advisory Group has completed its work and a report will be available in April. Library Director Troendle stated the library website is being updated. CONSENT AGENDA January 18, 2022 Regular Meeting Minutes January 22, 2022 Special Meeting Minutes Payment of Bills Case No. 2021-64 on Zoning Text Amendment to modify the fence code regulations - Ordinance 2nd Reading Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 5:40 p.m. Ted Kozlowski, Mayor ATTE Beth Wolf, City Cie Resolution 2022-016, Appointing Joseph Kohlmann as City Administrator for the City of Stillwater Effective March 7, 2022; Approving the Employment of Joseph Kohlmann Ordinance No. 1179, An Ordinance Amending Stillwater City Code by Repealing and Replacing City Code Section 31-508, Fence Regulations Page 4 of 4