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
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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.
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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.
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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.
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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.
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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
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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)
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