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HomeMy WebLinkAbout2022-04-05 CC MINij The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES April 5, 2022 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:31 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 Fire Chief Glaser Police Chief Mueller (remotely) Public Works Director Sanders IT Manager Holman Library Director Troendle OTHER BUSINESS Events Policy Discussion Community Development Director Gladhill led discussion of staff recommendations for Events Policy changes, based on initial policy direction from the City Council and an Event Planner Workshop held on February 22, 2022. He requested that the Council provide final, broad policy direction on key policy points. A formal amendment to the policy and fee schedule will be brought to a future meeting. Councilmember Polehna asked if a two-phase application process would create more works for the City versus putting the onus on the event planners to apply early; andMr. Gladhill answered that staff meets with event planners already, so it is not necessarily more work. Phase I would be a simple process, Phase II would be more detailed. Mayor Kozlowski stated having conceptual approval early makes sense. Depending on factors like the river level, some details have to be worked out closer to the event date. Councilmember Polehna commented that new events should come before the Council, but staff should be trusted to make decisions on recurring events without coming back to the Council for final approval. City Clerk Wolf noted some events come before the Council because they require contract approvals. They could be placed on the Consent Agenda. Councilmember Junker added that many events come before the Council to request fee waivers. City Council Meeting April 5, 2022 Mr. Gladhill summarized that for large recurring events, Phase I would be Council concept approval and Phase II approval would be delegated to staff. He went on to discuss fees. Generally event planners appreciate the bundled fees. The Downtown Parking Commission (DTPC) supports a fee for closure of a lot, but does not want to require an entire lot be reserved if the event just needs a few spaces. The DTPC and the Parks Commission stated they do not have to see every application, only big policy issues. Under the proposed changes, the City would be responsible for determining public safety and public works staffing for events, eliminating the event planner negotiating these things. Councilmember Junker indicated that he realizes Lumberjack Days does not need as much policing as in the past, but he also does not want to pay for event policing from City coffers. Police Chief Mueller stated the goal is to eliminate negotiation with event planners being solely about the dollars. His concern is purely public safety. The cost of providing public safety for events will always exceed any amount of fee the Council would be willing to pass on to an event. Mr. Gladhill added that the proposed increase in liquor license fees for events may recoup some public safety costs. Mayor Kozlowski pointed out that it is the City's duty to protect the public. He is OK charging for providing officers, but opposes trying to recoup all public safety costs from the events because they bring value to the City. Event revenues go back into the events, the Chamber, or the nonprofits. Councilmember Odebrecht inquired how much the City spends on events; and Mayor Kozlowski replied that last year it was about $250,000, but he felt it was more. Councilmember Junker stated the question is, is the City recovering costs from the events? The cost for staffing during big events, when nobody takes vacation and there is full staff, is a cost over and above what is put into City -run events like 4th of July. The event organizer needs to be responsible for some cost. Police Chief Mueller and Community Development Director Gladhill stated more work needs to be done to gather data on costs to the City. The Council directed staff to finalize the event policy and fees and bring back for formal approval at the next meeting. St. Croix Valley Recreation Center Event Rental Community Development Director Gladhill reported that the Rec Center continues to get requests to host large events. There has been a request to use the Center for a fishing expo. Staff does not feel that the City is prepared to allow private events in this space. He asked for Council direction. Council consensus was to delegate Rec Center Manager Doug Brady to decide if the fishing expo can be accommodated. Sam Bloomer Way Mr. Gladhill stated that staff is recommending the City close Sam Bloomer Way. lithe Council concurs, formal action can be taken at a future meeting. Fire Chief Glaser and Police Chief Mueller noted that if closed, it would still have to be accessible for emergency vehicles. They concur with closing it for public safety. Page 2 of 8 City Council Meeting April 5, 2022 The Council agreed to close Sam Bloomer Way to vehicular traffic. Mr. Gladhill will bring back options for long term closure methods. Temporary Outdoor Seating Policy Community Development Director Mr. Gladhill stated that in February, the Council discussed Temporary Outdoor Seating Permits that were created as a result of indoor restrictions due to the COVID Pandemic. Broad direction was to generally NOT allow these types of outdoor seating in public spaces, specifically roadways and public parking stalls. The Council did, however, indicate support for continuing the closure of Union Alley, since it is not a full public street, did not result in the loss of public parking, and resulted in the cleanup of a blighted area. Some businesses have asked that outdoor seating continue to be allowed in some form. Additionally, businesses on Chestnut have asked for beautification help from the City. Mayor Kozlowski indicated that he would like to see an annual permit for this type of seating, which could be removed or revoked if necessary. City Attorney Land stated the Council would have to adopt an ordinance allowing an administrative interim use permit, which could come before the Council the first time, but the next year could be approved administratively. Council consensus was to initiate an Interim Use Permit for private property outdoor use. The Council also approved using funds to beautify Chestnut Street west of Main Street with flower pots. Christine (no last name given) stated via Zoom that Chestnut Street business owners are eager to work with City in any way to improve the area. Mr. Gladhill stated he met with Brians, Brick and Bourbon, No Neck Tony's and other business owners who stated they would appreciate having the parklets and are willing to make stronger barriers if the Council will reconsider allowing them. Councilmember Junker noted it was always a temporary, one year solution that turned into two because COVID was extended. The parklets were never designed to be long term. Mayor Kozlowski stated he likes the parklets, but there are legal hurdles today that did not exist when the City was under the Governor's Order. At that time, the bars and restaurants were closed but retail was not. Now that it is a level playing field, retailers may ask to put their products in the public right-of-way too. The original intent was to help businesses that were closed during the pandemic. The Council consensus was to not allow use of City property or parking spaces for private outdoor use except Union Alley. STAFF REPORTS Public Works Director Sanders stated the Riverbank Stabilization Project is underway and should be completed by the end of May. Chestnut Street west of Main Street will be turned over to the City in the future. The river level is expected to rise due to the rain amounts. Fire Chief Glaser presented the 2021 Fire Department Annual Report. The Department responded to 2,279 total calls in 2021, an increase of 17.5%. In 2022 the Department will celebrate its 150th anniversary. Page 3 of 8 City Council Meeting April 5, 2022 Finance Director Provos informed the Council that staff is working on the 2021 audit. Community Development Director Gladhill reported that applications for the Assistant Planner position are being screened, and recruitment is underway for City Planner, as City Planner Wittman has resigned to work for Forest Lake. Bolton & Menck firm is being used during the transition. City Clerk Wolf noted that donation requests have gone out for the July 4th Celebration. 45th Parallel Distillery has received its liquor license. There is an opening on the Carnelian - Marine on St. Croix Watershed District Board. The League of Minnesota Cities' annual conference is set for June 22-24. City Administrator Kohlmann stated that Police Department Operational Review proposals are being reviewed. He will present the City's Annual Report at the next meeting. IT Manager Holman provided updates on Department activities and projects underway. The cyber security contract is done; new police body cameras are being set up. Library Director Troendle reported Stillwater Public Library had the second highest volume since 2012 for lending materials. The April NEA Big Read Program features An American Sunrise. There will be a used book drive April 9 and 16 and a used book sale April 20-23. RECESS Mayor Kozlowski recessed the meeting at 6:01 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 Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Certificate of Appreciation Orwin Carter (Charter Commission) Mayor Kozlowski presented Orwin Carter a Certificate of Appreciation for 15 years of service on the Charter Commission. Proclamation — Organ Donation Awareness Month Mayor Kozlowski proclaimed April 2022 as Organ Donation Awareness Month. Page 4 of 8 City Council Meeting April 5, 2022 Councilmember Odebrecht spoke personally of the lifesaving benefits of organ donation and voiced appreciation for Stillwater being the first Donate Life City in the nation. Proclamation - Stillwater Unified Basketball Team Mayor Kozlowski proclaimed April 6, 2022, Stillwater Area High School Unified Basketball Team Day. Thomas Blair, SAHS Junior and team coach, and Paula Harrison, physical education teacher, thanked the community for their support for the unified basketball program. Proclamation - Stillwater High School Wrestlers Hunter Lyden, Audrey Rogotzke and Ryder Rogotzke Mayor Kozlowski proclaimed April 7, 2022 Hunter Lyden Day; April 8, 2022 Audrey Rogotzke Day; and April 9, 2022 Ryder Rogotzke Day in recognition of the athletes' outstanding achievements on their respective wrestling teams. Hunter, Audrey and Ryder voiced appreciation for their recognition. OPEN FORUM Steve Meister, Meister's Bar and Grill, voiced concerns about bicyclists who disobey traffic signs. He also asked the Council's consideration allowing Meister's to put tables on their private property outdoors. CONSENT AGENDA March 15, 2022 regular meeting minutes Payment of Bills 2022 Farmers Market Contract East Metro Public Safety Training Facility Agreement Gambling Premise Permit for Washington Co. Star Trail at La Carreta - Resolution 2022-049 Mutual Aid Agreement with St. Croix County Sheriffs Office for Law Enforcement Services Playground Structure Replacement Request for Anez Ridge Park and Meadowlark Park Police Camera System Purchase Request from Axon Enterprises Riverview Parking Lot Assignment - Resolution 2022-050 Washington Conservation District Raingarden Agreement - Resolution 2022-051 Purchase Request to Replace Fueling System at Public Works Roll -off Hauler License for Gene's Disposal Service Inc. Traffic Impact Study Agreement for 207 3rd St S (Landucci Homes) Project - Resolution 2022-052 Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case 2022-17 to consider of a Zoning Text Amendment regarding swimming pool locations - Ordinance 1st Reading Community Development Director Gladhill stated that currently, the City restricts pools to the rear yard. However, when a pool is proposed for a corner lot, this regulation is hard to Page 5 of 8 City Council Meeting April 5, 2022 achieve. The City has granted variances to allow for pools to be located in an interior side yard of corner lots. However, variances are intended for dimensional standards and, therefore, granting a variance to allow for a pool to be located in a side yard (opposed to a rear yard) is not entirely in line with the requirements set forth for the issuance of a variance. The Planning Commission and staff recommend the City Council approve first reading of an ordinance amendment. 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 Chapter 31-514, Subd. 5 regarding Corner Lot Swimming Pools and amending Chapter 33- 2, Subd. 4(1) regarding Corner Lot Swimming Pools. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Chestnut Street Plaza Project Approve Plans and Specs Community Development Director Gladhill stated that the revised engineer's estimate for the project (construction costs only) is approximately $2.8 million. MnDOT increased their allocation by $225,000 due to the increased costs related to soils contamination in MnDOT right-of-way, for a total contribution of $2,225,000. Design cost plus construction administration is estimated at $375,000. The City has requested $500,000 funding through the State Bonding Bill for multiple phases of Downtown Riverfront Improvement Projects, including Chestnut Street Plaza. The City has identified Pre-1990 Pooled Tax Increment Financing Dollars as the source of funding for the City's match to the project. He presented the design rendering and outlined the current estimated project costs and funding sources. Construction will start after July 4th and can be complete by late fall. Based on previous Council direction, staff recommends that the Council approve Final Plans and Specifications and direct staff to advertise for bids. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adopt Resolution 2022-053, Approving Final Plans and Specifications for Chestnut Street Plaza and Authorizing Advertisement for Bids. All in favor. Union Alley Outdoor Seating and Art Alley Mr. Gladhill explained that The Lumberjack (Sara Jespersen) and Lolito (Joe Ehlenz) have requested approval to continue the seasonal closure of Union Alley to provide for outdoor seating. There are two components: 1) Continue seasonal closure of Union Alley for outdoor seating; and 2) Authorize an 'Art Alley' Concept. Based on previous City Council direction, staff recommends approval of this request for temporary closure of Union Alley for outdoor seating, with six conditions. Joe Ehlenz, applicant, stated they are open to paying a fee for use of the space, however over the last two years he and Ms. Jespersen have spent thousands of dollars to clean up the alley and would like to continue doing so. They understand there are some people who are not Page 6 of 8 City Council Meeting April 5, 2022 supportive and they want to work together to resolve those issues. Their businesses close at 9 p.m. and they would prefer to continue using the alley for outdoor seating and art as opposed to reverting to garbage like before. Sara Jespersen, applicant, stated business owners have worked hard together to figure out how to make the art work and respect the historic buildings. Councilmember Junker asked if the artwork would be on canvas or applied to the buildings; and Ms. Jespersen replied that right now it would be on canvas. She has looked at getting some recycled billboards and has been working with local artists and local businesses to sponsor artwork. They would need to obtain Heritage Preservation Commission (HPC) approval. Mayor Kozlowski voiced surprise that the HPC governs what would be painted on the buildings in the alley. Councilmember Junker recalled a mural at the Freight House years ago that did not meet any standards and had to be painted over. The regulations cover the whole downtown district. Mr. Ehlenz pointed out every building in the alley has been tagged by graffiti. Being able to paint on the buildings would allow it to be a better changeover every year. Regarding fees for use of the space, Councilmember Junker suggested a fee based on square footage. There is roughly 1500 square feet of useable space there, and the going rate for Main Street rents is $20-25 per square foot, so he was thinking of a $10-12 range which would mean roughly $1,600 a month for that space. Mr. Ehlenz pointed out there is upkeep and potential weather issues to consider. Even if split in half, he probably would not pay $800. The garbage for several businesses is kept there, which caused him to lose about two months of business last year. He would be open to some kind of fee, but does not see the alleyway being worth that much money. Councilmember Odebrecht agreed that the City usually should charge when land is used for private purposes, but this is an exception because the business owners have poured money and time into it. Mr. Ehlenz stated he doubts the Council knows how disgusting the garbage is on a daily basis. Many people drop off their own garbage there and he is constantly sweeping up and keeping it clean. For instance broken bottles from No Neck Tony's are hard to clean up. Tony from No Neck Tony's (remotely) refuted that his employees leave broken bottles there. Mayor Kozlowski stated he would not charge the businesses anything to maintain the alley, they are doing the City a service. Mr. Gladhill stated one option would be to use the obstruction permit process, whose fee is $90 every two weeks when roads are blocked, i.e. for construction. Councilmember Odebrecht stated he would not support charging $180. There needs to be some charge even if it is a token because it is public space going to private use. But they did so much for the alley. Mayor Kozlowski noted there are other areas of the City that are used by private businesses that are not being charged. He would consider a nominal charge. Page 7 of 8 City Council Meeting April 5, 2022 Councilmember Polehna stated he would like to see a plan before approval, with details on what, when it will be implemented, and how. Ms. Jespersen stated she will work with local artists, put together a proposal and try to fundraise, but she cannot do that till they are assured of potential approval. Councilmember Collins stated he is OK with the outdoor dining, but does not support murals on the buildings. If it was something removable he might support it. Mr. Gladhill stated the two issues can be separated. He would like direction on outdoor dining. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to approve Resolution 2022-054, Approving Encroachment Agreement for Use of Union Alley for The Lumberjack and Lolito. All in favor. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to authorize the "Art Alley" concept. Motion passed 4-1 with Councilmember Collins voting nay. Mr. Gladhill will work with staff to base a fee on the existing fee schedule and work with the City Attorney to formalize the agreement. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:11 p.m. Ted Kozlowski, Mayor ATTEST: (211( Beth Wolf, City Clerk Resolution 2022-049, Approving Minnesota Premises Permit for Lawful Gambling for Washington Co. Star Trail at La Carreta Resolution 2022-050, Approving Assignment Agreement with the Veterans Memorial Committee Resolution 2022-051, Approving Agreement Between Washington Conservation District and the City of Stillwater for Raingardens Maintenance Resolution 2022-052, Approving Contract for Services with SRF for Traffic Study Related to Myrtle Street Apartments Resolution 2022-053, Approving Final Plans and Specifications for Chestnut Street Plaza and Authorizing Advertisement for Bids Resolution 2022-054, Approving Encroachment Agreement for Use of Union Alley for The Lumberjack and Lolito Page 8 of 8