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HomeMy WebLinkAbout2022-05-03 CC MINJwaer The Birlhplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES May 3, 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 IT Manager Holman Police Chief Mueller Public Works Director Sanders Library Director Troendle OTHER BUSINESS Friends of Lily Lake Presentatipn Mike Lyner presented a report on Friends of Lily Lake's plan for enhancing the Lily Lake area. He shared results of a strategic visioning process in 2020 and discussed short term, medium term and longer term initiatives and their alignment with the City's strategic plan. The group is requesting City approval of the short term initiatives. Barb Bickford, consultant, explained the process of developing the proposal which relied heavily on public input. The guiding principles will continue to be revised as community input is received. Friends of Lily Lake Board asks the City to accept the guiding principles, to implement the proposals as budgets allow, and to accept the help of community organizations to do so. Mr. Lyner explained the initiatives. Short term improvements include creating a hub for recreational activities and a one-way traffic system into and out of the park. Medium term improvements include a gate at the end of the basketball court and possibly a pedestrian crossing and an observation deck. Long term improvements include an education area and a covered parking lot. If the ice arena could be relocated elsewhere when it reaches the end of its useable life, this site could be used for other recreational activities and amenities. Much of the work would be done with volunteer labor and other organizations, such as Sustainable Stillwater. Councilmember Odebrecht and Mayor Kozlowski remarked that the future of the current Lakeview Hospital site is another factor in any redevelopment of the Lily Lake site. Mayor Kozlowski posed the question, will the lake ever be swimmable again? City Council Meeting May 3, 2022 Councilmember Polehna responded the risk is too high for what the City went through with the lawsuits. He does not want it on his conscience that another child died there. Mayor Kozlowski agreed it was a tragedy, but the amoeba exists in every body of water. At some point there has to be some science that will allow the lake to be swimmable again. Councilmember Junker noted his entire teenage life was related to swimming in Lily Lake. Then the softball field came and Lily Lake became even more of a focal point of recreation. Councilmember Odebrecht stated he is very supportive of the guiding principles. The big question is the need for a data -driven approach to reopening swimming. Councilmember Collins pointed out that hundreds of hours went into the preparation of the proposal. The Council should move forward on short term improvements. Motion by Councilmember Polehna, seconded by Councilmember Collins, to make the drives in and out of Lily Lake Park one way. All in favor. Councilmember Polehna commented he will never vote to allow swimming. The Council directed staff to investigate water quality standards related to swimming, and research cost estimates for the recommended improvements. City Attorney Land pointed out the plan has not been adopted by the City at this point. The topic will be brought back for future adoption of a plan and a budget. Sustainable Stillwater Presentatigi Community Development Director Gladhill noted with help from Sustainable Stillwater, Stillwater has achieved Level 2 and working on Level 3 of the GreenStep Cities program. Roger Tomten, Chair, Sustainable Stillwater, provided an update on the City's participation in the GreenStep Cities Program and an update on Sustainable Stillwater's current initiatives and accomplishments, as well as future partnership opportunities. Linda Countryman, Sustainable Stillwater, stated that initially, Sustainable Stillwater decided to use the GreenStep Cities program because it provided a guide for environmental best practices. None of it is required, it is voluntary and the City is moving at its own pace. The next priority is to develop a climate action plan in partnership with the City as the roadmap to follow to protect the people, property and economy from climate change. They are asking the City to hire a consultant to create a baseline for the plan, and hope to return to the Council in June with examples of climate action plans that other cities have done. Council consensus was to add the Climate Action Plan to the 2023 budget discussion. Short Term Home Rental Regulations ❑iscussion Mr. Gladhill led a high-level policy discussion on staff recommendations for streamlining the City's Short Term Home Rental (STHR) License process. The biggest issue for staff is trying to determine if a property is considered owner -occupied or not. He provided a model ordinance from the City of West St. Paul that works well, and requested direction. Mayor Kozlowski stated he likes the idea of eliminating the owner -occupied distinction and limiting the number of rentals per block in the residential area, but not limiting it downtown Page 2 of 8 City Council Meeting May 3, 2022 where there is a lot of empty space on second and third floors. He finds it odd to require a background check. City Attorney Land stated background checks are very important to avoid granting a STHR license to a predatory offender. Mayor Kozlowski stated background checks seem more appropriate for long term rentals. Attorney Land explained that state law requires background checks for property managers. In West St. Paul, if someone manages more than three properties, they must use a property management company. A city may require anyone it licenses to have a background check. Councilmember Odebrecht stated STHRs are largely self -regulated. He has no problem requiring a background check, but feels that requiring use of a property management company for three or more properties is too onerous. He would like to see more STHRs downtown. Councilmember Junker noted there are major issues with parking downtown and for now he would like to keep the limit of 10 STHRs downtown and resolve the parking issues. The Council directed staff to move forward on drafting ordinance revisions. Alcohol in City Parks Mr. Kohlmann presented a draft ordinance that would permit alcohol consumption without a permit at all larger Community Parks, except Teddy Bear Park, per a discussion at the December 7 Council workshop. Consumption would be prohibited in parking lots and in event spaces unless purchased at the event. The Council directed staff to initiate the ordinance amendment process for allowing alcohol in all City parks, including the neighborhood parks, except Teddy Bear Park. STAFF REPORTS Public Works Director Sanders stated that alum treatment of Lily Lake will take place May 18-20. Hydrant flushing is 50% done. A sinkhole was discovered on Myrtle Street near Sixth Street South. The riverwalk trail and walkway should be completed by the end of May and Councilmember Polehna is setting up a ribbon cutting party for the trail opening. Police Chief Mueller reported that the catalytic converter event went well. He thanked the Public Works Department. He gave an update on body cameras and thanked the IT Department. Police helped investigate a recent social media threat at the high school. Mental health calls are still up. There will not be a high school graduation parade this year. Finance Director Provos stated there will be a bond sale in two weeks and the audit is underway. Community Development Director Gladhill told the Council the new Assistant City Planner will start May 9 and second interviews will be held next week for the City Planner position. City Clerk Wolf alerted the Council to a Human Rights Commission training on Mental Health on May 24. Motion by Councilmember Collins, seconded by Councilmember Junker, to approve the new liquor license for Koch Companies Inc. dba The Dock. All in favor. Page 3 of 8 City Council Meeting May 3, 2022 City Administrator Kohlmann gave an update on the parking ramp fencing project. IT Manager Holman stated the security audit has started and a closed session will be scheduled to review the report. RECESS Mayor Kozlowski recessed the meeting at 6:26 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 Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Proclamation - Mental Health Month Mayor Kozlowski proclaimed May as Mental Health Month in Stillwater. Councilmember Polehna encouraged citizens to participate in the "Make It OK" training in cooperation with HealthPartners May 24 at City Hall. Council Service Awards for Commission Members Mayor Kozlowski recognized Downtown Parking Commissioners Heidi McAllister (3 years) and Daren Anderson (11 years); Heritage Preservation Commissioner Ken Walls (3 years); Parks Commissioner Sam Nelson (6 years); and Planning Commissioner Eric Hansen (12 years). Council Service Award - Cam and Renee Murray, Sustainable Stillwater Mayor Kozlowski recognized Cam and Renee Murray for their work with Sustainable Stillwater, stenciling storm drains "No Dumping"; installing cigarette stations downtown; and weekly picking up cigarette butts, and litter to make Stillwater beautiful. OPEN FORUM Louise Hansen, Rivertown Commons, expressed concerns about skateboarders, and about youth climbing on the parking ramp. Mayor Kozlowski responded that staff is investigating options to prevent climbing on the ramp. Page 4 of 8 City Council Meeting May 3, 2022 Cynthia Marie, 650 Main Street North, voiced concern over the shaking and rattling of the Terra Springs building due to heavy trucks. Mayor Kozlowski responded the weight of trucks using Main Street is out of City jurisdiction as it is a state highway, however the Council will address speed and noise concerns with the Police Chief. CONSENT AGENDA April 19, 2022 regular meeting minutes Payment of Bills Boards and Commission Appointment of Members Closure of Sam Bloomer Way — Resolution 2202-062 Crosby Hotel Valet Parking License Renewal — Resolution 2202-063 Denying appeal by Patrick Kelly on Case No. 2022-13 for property at 516 Myrtle St W — Resolution 2202-064 Liquor License Premise Amendment for The Lumberjack and Lolito - Resolution 2202-065 Northland Park Watermain Extension Contract Agreement Retail Sale of Fireworks Permit for Cub Foods Roll -off Hauler License for Keith Krupenny & Son Disposal Gutter System for City Hall Repair Project City Clerk Wolf provided further details on the Gutter System for City Hall Repair Project. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Case No.2022-13 to consider a request by Michael Koch oF PMI Homes. Inc. and Steve and Lynn Thron for a Preliminary and Final plat to split 516 Myrtle St W into two separate lots.— Tabled to May 17, 2022 City Council Meeting. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to continue Case No. 2022-13 regarding 516 Myrtle St W to the May 17, 2022 City Council meeting. All in favor. UNFINISHED BUSINESS Event Policy Update and Fee Schedule Amendment City Administrator Kohlmann reviewed proposed Event Policy and Fee Schedule changes recommended by the Event Policy Committee. Councilmember Polehna asked why Parks Commission review would no longer be part of the process for new events. Councilmember Junker asked same for the Downtown Parking Commission (DTPC). He feels it would be advantageous for both Commissions to review new events. Mr. Gladhill explained the suggestion came out of both Commissions. Mr. Kohlmann stated it could be left up to staff discretion whether to run a new event through the Parks Commission and DTPC. Page 5 of 8 City Council Meeting May 3, 2022 Councilmember Junker asked how policing costs would be paid in regard to the bigger events that might require 6-7 additional police officers downtown. Police Chief Mueller answered the City would bill an event coordinator separately for only the one or two officers who are at a beer tent. Events will not be billed separately for officers required for general safety and security of the event, nor for fire and EMS services. The goal is to eliminate negotiating with event coordinators on how much police presence is needed, and to no longer have the organizers create a public safety plan, which should be done by the City. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2022-066, Resolution Approving Updated City of Stillwater Event Policies and Procedures, and Resolution 2022-067, Resolution Amending Resolution 2022-004 Approving the City of Stillwater 2022 Fee Schedule. All in favor. NEW BUSINESS Chicken Permit at 706 Everett Drive Mr. Gladhill stated that the City received an application for a Chicken Permit at 706 Everett Dr. The permit must be considered by City Council because an objection was received. The owner is taking the proper steps of installing fencing and coops before bringing chickens on the property. Given that the complaint about an existing unkempt appearance is relatively minor and can be easily rectified, staff recommends that the City Council approve the Chicken Permit. Councilmember Odebrecht noted he sees no problem with the application, but he would like to review the ordinance because he feels chickens do not belong in the City. Councilmember Polehna agreed. Councilmember Collins noted the issue that the neighbor pointed out has been corrected. Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to approve a Chicken Permit for 706 Everett Drive. Motion passed 3-2 with Councilmembers Polehna and Junker voting nay. 4th of July Celebration Mr. Kohlmann stated that planning for Stillwater's 2022 July 4th Celebration is underway and staff has obtained commitments from previous years' music and entertainment providers. The total cost for these four items is $57,250. The City adopted the 2022 Special Events budget of $48,000 and also budgeted $12,000 for donations. Solicitation of donations has occurred and the City has received $6,000 in donations to date. Staff recommends approval of the agreements with RES Pyrotechnics and Battery I, 1st Artillery and accepting quotes from St. Croix Jazz Orchestra and BAM! Productions. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to approve the contracts with the music and entertainment providers for the 4th of July Celebration. All in favor. Page 6 of 8 City Council Meeting May 3, 2022 2021 Sidewalk Improvement Project Accepting Bid and Awarding Contract - Resolution Public Works Director Sanders stated that on September 3, 2021 the City received quotes for the construction of 2021 Sidewalk Project. The lowest quote received was for $68,556 which was 50% higher than the engineer's estimate. The quotes were rejected and the 2021 sidewalk project was added to the 2022 Street Improvement Project. As a result, the cost of constructing the 2021 Sidewalk Project is $35,802 which is 22.5% less than the engineer's estimate. Staff recommends that the Council accept the bid and award the contract for the 2021 Sidewalk project as part of the 2022 Street Improvement Project. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2022-068, Accepting Bid and Awarding Contract for 2021 Sidewalk Project (Project 2021-06). All in favor. Water Sprinkling_Re5friction Ordinance Amendment for Homeowner Associations - Ordinance 1st Reading Mr. Sanders informed the Council that last fall, Council approved an ordinance that restricts lawn watering in the summer months to an odd/even watering system. Since then, staff has met with a representative from a townhome development that has an existing irrigation system. Due to the location and size of the irrigation zones, it would be difficult for the townhome association to meet the new ordinance requirements of odd/even watering schedule. The City Attorney was consulted and proposed a amendment that would allow the Public Works Director to approve the watering schedule for homeowners' associations. Staff recommends Council approve the first reading of the ordinance amendment. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt first reading of an Ordinance amending Chapter 28 of the City Code of the City of Stillwater. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Collins, seconded by Councilmember Dunker, to adjourn. All in favor. The meeting was adjourned at 7:55 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2022-062, Resolution Approving the Permanent Closure of Sam Bloomer Way, and a Portion of Myrtle Street in the City of Stillwater Resolution 2202-063, Resolution Granting License to Midnight Realty for the Operation of Crosby Hotel Valet Stations on North Main Street Page 7 of 8 City Council Meeting May 3, 2022 Resolution 2202-064, A Resolution Authorizing the City of Stillwater to Memorialize the Findings of Fact and Conclusions of Law for Denying the Appeal and Upholding the Decision of the Planning Commission Regarding the Variance Granted to the Property Located at 516 Myrtle Street, Stillwater, Minnesota Resolution 2202-065, Resolution Approving Amendment to Liquor License for Additional Temporary Outdoor License Premises Resolution 2202-066, Resolution Approving Updated City of Stillwater Event Policies and Procedures Resolution 2202-067, Resolution Amending Resolution 2202-004 Approving the City of Stillwater 2022 Fee Schedule Resolution 2202-068, Accepting Bid and Awarding Contract for 2021 Sidewalk Project (Project 2021-06) Page 8 of 8