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HomeMy WebLinkAbout2022-08-16 CC MIN1;i 1 I'vVat!J The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES AUGUST 16, 2022 SPECIAL MEETING 3:30 P.M. Mayor Kozlowski called the meeting to order at 3:33 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht (arrived at 3:40 p.m.), Polehna Absent: None Staff present: City Administrator Kohlmann City Clerk Wolf Community Development Director Gladhill Public Works Director Sanders Finance Director Provos Fire Chief Glaser Police Chief Mueller IT Manager Holman Library Director Troendle St. Croix Rec Center Manager Brady OTHER BUSINESS 2023 Proposed Budget Workshop City Administrator Kohlmann presented the proposed 2023 budget. He stated that based on the initial 2023 general fund budget proposals, the tax levy increase for the general fund operating budget was $1,803,043 or 14.98% over the approved 2022 budget. The Administrator's budget recommendations reduce the proposed 2023 operating increase to $881,953 or 7.39% above the 2022 adopted tax levy. The total 2023 property tax levy increase (operating + debt service) is proposed to increase by $1,212,192 or 7.612%. 2023 operating budget pressures included: personnel; health care costs rising 9.5%; fuel and energy prices; moving small equipment into operational budgeting; and revenue reductions. Due to funding constraints, no department requests for new/modified staffing levels are recommended to be funded. Mr. Kohlmann then explained the individual budget elements: operations, capital improvement program, and American Rescue Plan (ARPA) funds. Councilmember Polehna suggested that ARPA funds may be applicable for the road work proposed for the south side of Highway 36 at Washington Avenue because it is economic development for the community. Mr. Kohlmann reviewed the staff -requested new or modified positions. Community Development Director Gladhill stated the request for a code enforcement position would allow the entry level planner to focus more on the Planning and Heritage Preservation Commissions. The City is currently falling behind in code enforcement and job descriptions are not matching up with the resources available. City Council Meeting August 16, 2022 Police Chief Mueller stated the Police Department is undergoing an organizational review whose completion has been delayed by COVID. The firm doing the organizational review is looking at recommending an increase of several FTE officers over a 5 year period. Most cities Stillwater's size without the downtown tourism are at about 30 officers. Currently the Department has 24 sworn officers. The requested position is a step into that strength. IT Manager Holman stated the IT Department put money into professional services last year with the hope of hiring a position this year. That amount is being used this year to do cyber security work. With all the extra security requirements called for in the audit, as well as supporting staff with all the new technology that is coming, it would help to have another technician. Councilmember Odebrecht asked if there is a way to partner with other cities for some of the specialty IT services; and Ms. Holman answered possibly, but there are also some new regulations that require some of the screening to be done in-house. Public Works Director Sanders explained that for 15 years Public Works has had an engineering person do GIS work. The current temp staff person has shown that the Department needs a GIS person rather than getting by with an engineering person trying to do the GIS work. Councilmember Junker noted that all the requested new hires could push the 7.6% property tax levy increase into double digits from 7.6% to about 11%. He could support adding an IT technician, a police officer, and a code enforcement position. Finance Director Provos responded that adding those three positions would bring the total levy increase to 9.5%. Mayor Kozlowski stated he would like to see if ARPA funds could be used to hire a consultant instead of the requested staff increase in IT; he would prefer two police officer positions over one; and he would support adding the GIS specialist. City Administrator Kohlmann stated staff will incorporate the input and bring the proposals back to the next budget workshop. He then explained the general fund in detail. Councilmember Junker noted it will cost $22,000 to light both sides of the bridge. This is one of the most complimented sights downtown and the City should keep doing it. Councilmember Collins suggested increasing the library funding above the administrator's recommended 2.65% increase because that would mean a huge reduction in materials. The trustees estimate an increase of 6.8% is needed just to maintain the library's current level of service. Library Director Troendle explained, though the request from the Library Board was 6.8%, staff is looking at a lesser amount, around 4.5% that would cover the cost of aligning with the City's adjusted compensation plan plus the cost of small equipment changes that were previously capital and are not considered part of general expense. Councilmember Polehna and Mayor Kozlowski favored, at a minimum, increasing the library funding by 4.5% instead of 2.65% recommended increase. Mr. Kohlmann went on to explain special revenue funds: parks, community beautification, and lodging tax, and then reviewed capital outlay items by department. Page 2 of 8 City Council Meeting August 16, 2022 Regarding downtown lighting improvements, Councilmember Polehna asked if the City is going to figure out some other way of paying for that, i.e. sales tax, why pay half right now; and Mr. Sanders replied that the downtown lights can be done at any time. Staff has a meeting next week with Xcel Energy to discuss lighting options. Xcel has not come out with LED lighting yet for pedestrian lights. The Council continued general discussion on ways to fund items, reduce cuts, get more information and get more aggressive about pursing a sales tax. RECESS Mayor Kozlowski recessed the meeting at 5:09 p.m. 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 Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser 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 City Council Service Award to Tevera Company Mayor Kozlowski recognized Tevera Company for clean-up of Lowell Park as a community service project. Stillwater Human Rights Award Mayor Kozlowski commended the Student Leadership Council of Stillwater Area High School and presented them with the Human Rights Award. SAHS Cultural Liaison Cornelius Rish thanked the Human Rights Commission and the students for helping make a safe learning environment for everyone, and the members of the Student Leadership Council introduced themselves. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2022-104, Stillwater Human Rights Award - Student Leadership Council of Stillwater Area High School. All in favor. Page 3 of 8 City Council Meeting August 16, 2022 Sustainable Stillwater Climate Action Plan Tess Fitzhenry, student at the University of Minnesota Twin Cities, intern with Sustainable Stillwater, gave a presentation showing the benefits of a climate action plan. Sustainable Stillwater is asking the City to hire an expert to conduct the climate assessment and complete the Climate Action Plan, or to reach out to one or two neighboring communities to share the cost. Community Development Director Gladhill added that, per a conversation with the consultant who initially made the assessment, the initial cost would be $30,000 in 2023. Mayor Kozlowski remarked that most cities that have developed a Climate Action Plan are significantly larger than Stillwater. He questioned how actionable many of the aspects are, i.e. reducing CO2 emissions given Stillwater's lack of industrial base; and Ms. Fitzhenry replied that climate action planning can be made very specific to each city. Another representative of Sustainable Stillwater, Linda Countryman, stated they want to try not to leap too far ahead. This is about laying down the foundation and having a strategy. Mayor Kozlowski stated the request can be discussed in budget talks, but he also would like examples of cities that are more similar to Stillwater with some actionable goals. Community Development Director Gladhill stated staff can come back with recommendations at budget discussions. OPEN FORUM Rick Heidick, Sustainable Stillwater Bike Friendly Community Workgroup Leader, informed the Council that the Bridge the Valley Bike Rally held on Sunday had 584 riders. STAFF REPORTS Public Works Director Sanders reported the Chestnut Street Project will begin tomorrow. Councilmember Junker and Mayor Kozlowski voiced concern about pedestrians not being able to cross Main Street at Chestnut, due to the shutting off of the traffic lights at that intersection. Mayor Kozlowski asked for additional signage for pedestrians. Continuing his report, Mr. Sanders added that the contractor is substantially completed with the St. Croix River Rehabilitation Riverwalk project. Police Chief Mueller updated the Council on staffing and department activity. He noted the Police Department is supporting the family involved in the Somerset incident. Fire Chief Glaser stated that staff have participated in community events, responded to a mutual aid fire, performed drills and training, and received a $6,500 donation from Stillwater Auxiliary. Finance Director Provos stated that an RFP for banking services was sent to seven banks. Community Development Director Gladhill introduced the new Planning Manager Yasmine Robinson. He gave an update on the Stillwater Towing relocation proposal. City Clerk Wolf reminded the Council of the Boards and Commissions picnic August 23. She reported the City's election was secure and successful. She thanked the elections judges and city staff that worked the Primary Election. The next City Council meeting is September 6. Page 4 of 8 City Council Meeting August 16, 2022 City Attorney Land stated the Terra Springs easement will be ready for action at the next meeting. The City will close on the trail in front of Lumberjack Landing in September. City Administrator Kohlmann gave a Waste Management yard waste update. CONSENT AGENDA July 19, 2022 regular meeting minutes July 26, 2022 closed session and regular meeting minutes Payment of Bills Encroachment Agreement for 1225 Pine Street West Flexible Work Arrangement Policy Renewal - Resolution 2022-105 Hauler's Rolloff License for T & T Disposal LLC Revised Parking Services Contract with Passport Labs Inc. Short Term Home Rental License for 918 Harriet St S and 411 Pine Tree Trail TIF #9 Replacement of Taxable Tax Increment Revenue Notes and Authorizing a Termination of Remarketing Agreement - Resolution 2022-106 Utility Billing Adjustment Ordinance Amendment - Ordinance 1188, 2nd Reading Amendment to Agreement with BerryDunn for Organization Study of Police Department Councilmember Polehna noted he is in favor of the Flexible Work Arrangement Policy Renewal, but feels it lacks a way to measure productivity. Councilmember Odebrecht suggested adding a bullet under the process for requesting a flexible work arrangement, outlining anticipated accomplishments over the course of a year broken down by month. Council consensus was to approve the policy with the addition of the language regarding deliverables as discussed. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor except that Councilmember Odebrecht abstained on adoption of the July 26, 2022 closed session and regular meeting minutes. PUBLIC HEARINGS Case 2022-47 to consider amending City Ordinance Section 31-315 and 31-325 to establish appropriate locations for massage establishments in the City of Stillwater - Ordinance 1st Reading Community Development Director Gladhill stated that, as part of the review of the Ordinance adding the licensing of massage establishments, it was determined that the Zoning Code's Use Table was not clear on where massage establishments were allowed. This Ordinance clarifies this point. Staff and the Planning Commission recommend approval. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Collins, to approve Case 2022-47, 1st reading of ordinance amending City Ordinance Section 31-315 and 31-325 to establish appropriate locations for massage establishments in the City of Stillwater. All in favor. Page 5 of 8 City Council Meeting August 16, 2022 Amend City Code Section 31-315 and Section 31-325 to update allowable uses in the City Ordinance to become consistent with recently adopted short-term housing rental regulation amendments - Ordinance lst Reading Mr. Gladhill presented a proposed second ordinance related to recent changes to the City's Short Term Home Rental Ordinance. The previous Ordinance amended the licensing portion of the program, but the Zoning Code still referenced the previous license types. This current Ordinance updating the Zoning Code's Use Table is administrative in nature. Staff and the Planning Commission recommend approval of the Ordinance. 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 City Code Section 31-315 and Section 31-325 to update allowable uses in the City Ordinance to become consistent with recently adopted short-term housing rental regulation amendments. All in favor. Case 2022-48 to consider amending Chapter 31 of the City Ordinance to establish regulations and performance standards for medical cannabis. cannabidiol (CBD) products and hemp growing - Ordinance 1st Reading City Attorney Land presented the proposed ordinance which regulates sales of non - intoxicating CBD products and requires all intoxicating CBD products to be sold only at exclusive CBD stores. CBD exclusive stores are zoned in the Business Park only. Staff and the Planning Commission recommend approval. She also explained that under State law, intoxicating CBD liquid could potentially be sold at on sale establishments, provided it meets State packaging requirements, but not in Stillwater under this ordinance because it would not be an exclusive CBD store. Councilmember Junker pointed out that there are vendors trying to get establishments like bars to add these liquid CBD products to their offerings; and City Attorney Land confirmed that would not be allowed in Stillwater with this ordinance. Councilmember Odebrecht stated he is glad Stillwater is in front of the issue compared with many cities. Mayor Kozlowski added the ordinance provides a safe place to be for the City right now considering marketing efforts that will surely come. He opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to approve Case 2202-48, adopting first reading of an ordinance amending Chapter 31 of the City Ordinance to establish regulations and performance standards for medical cannabis, cannabidiol (CBD) products and hemp growing. All in favor. UNFINISHED BUSINESS There was no unfinished business. Page 6 of 8 City Council Meeting August 16, 2022 NEW BUSINESS CBD Retail Establishment License Ordinance - Ordinance lst Reading City Attorney Land reviewed the proposed CBD Retail Establishment License Ordinance. It would only allow two licenses for exclusive CBD stores, and confirms that no product containing more than .3% THC may be sold in Stillwater. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt first reading of an ordinance amending the Stillwater City Code by enacting Code §41-9 CBD Retail Establishment License. All in favor. 2023 Street Improvement Project Order Feasibility Report Public Works Director Sanders reviewed the proposed 2023 Street Improvement Project. Staff recommends authorization of the preparation of a feasibility study for street, water main, sidewalk, sanitary, and storm sewer and improvements. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2022-107, Resolution Ordering Preparation of Feasibility Report for 2023 Street Improvement Project (Project 2023-02). All in favor (Councilmember Polehna was away for the vote). Bridge lumping Ordinance - Ordinance 1st Reading City Attorney Land stated that MnDOT asked the City to consider adopting an ordinance prohibiting jumping from the Lift Bridge. The proposed ordinance prohibits climbing, jumping or diving off any bridge or structure over a channel of public water. Exceptions are allowed for authorized workers, public safety purposes or activities sanctioned by the City or other government entity. The penalty for violating the ordinance is a petty misdemeanor. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt first reading of an ordinance enacting Section 52-21 of the Stillwater City Code regarding jumping from a bridge, overpass or roadway into public water. All in favor. Downtown Manhole Rehabilitation Project Reapprove Plans and Specifications and Authorize to Bid Public Works Director Sanders explained that no bids were received for the Downtown Manhole Rehabilitation Project. The consultant feels there is interest from contractors to bid and complete the work in 2022, but the contractors needed additional information on discharge flows from the Nelson Street Lift Station. Staff and the consultant are working to provide this information in the plans and specifications so that bids can be sought again. Staff is requesting reapproval of the plans and specifications and authorization to bid. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2022-108, Approve Plans & Specifications and Ordering Advertisement for Bids for the Downtown Manhole Rehabilitation Project, Project 2022-05. All in favor. Downtown Public Sidewalk Use Policy Mr. Gladhill stated that staff is seeking clarity on a specific aspect of Downtown Sidewalk Enforcement, specifically, policies on allowing private benches within the sidewalk. As the City enforces other obstructions in public sidewalks downtown, business owners have Page 7 of 8 City Council Meeting August 16, 2022 pointed to these private benches seeking clarity if these are allowed. There are a number of private benches downtown, so it would appear to be a significant policy shift if the City Council were to ask these to be removed at this time. Maybe the City should put its own benches out, thereby determining the locations. Mayor Kozlowski stated he feels benches are fine as long as they are for the public to use. Councilmember Junker stated as of today, there are 25 benches on Main Street downtown from Mulberry Street to the Lora Hotel. There are 30 two -foot wide sandwich boards on Main Street. The average sidewalk is 6.5 feet wide and the 45 City flower pots are 3.5 feet wide. He agrees that the benches bring character but there are a lot of them. Councilmember Odebrecht summarized that the Council likes the benches, but recognizes there are a lot of obstructions and if somebody gets hurt having to walk out in the street, that could lead to civil action. Mayor Kozlowski stated the flower pots are huge; maybe there is a better place to put them. Mr. Gladhill summarized that private benches are acceptable as long as they are not obstructing traffic. He will bring back a policy and have a discussion with the downtown steering committee about keeping sidewalks safe. COUNCIL REQUEST ITEMS Councilmember Polehna thanked Cub Foods for helping Yellow Ribbon 34th MP picnic. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourned at 8:46 p.m. Ted Kozlowski, Mayor ATTEST: d Beth Wolf, City Clerk Resolution 2022-104, Stillwater Human Rights Award Student Leadership Council of Stillwater Area High School Resolution 2022-105, Approving Flexible Work Arrangement Policy Resolution 2022-106, Approving Authorizing Execution of Replacement Taxable Tax Increment Revenue Notes and Authorizing a Termination of Remarketing Agreement Resolution 2022-107, Resolution Ordering Preparation of Feasibility Report for 2023 Street Improvement Project (Project 2023-02) Resolution 2022-108, Approve Plans & Specifications and Ordering Advertisement for Bids for the Downtown Manhole Rehabilitation Project (Project 2022-05) Ordinance No. 1189, an Ordinance Establishing a Procedure for Consumer Adjustments to Utility Bills Page 8 of 8