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Home My WebLink About2022-12-06 CC MINtiI1water The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES December 6, 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 Public Works Director Sanders MIS Specialist Bornt Library Director Troendle OTHER BUSINESS Downtown Parking District Rates Discussion Community Development Director Gladhill summarized a recommendation from the Downtown Parking Commission (DTPC) to modernize the City's approach to parking management. Formal changes to the parking system are not being sought at this time, but the Council is asked to provide high-level direction. Mr. Gladhill led discussion of three possible scenarios: Scenario A: no changes; Scenario B: expanded paid zone/no off peak/15 minute payment increments; Scenario C: variations of Scenario B. The DTPC recommendation is Scenario B. In the staff report, he explained that nothing in his report should be interpreted as an official recommendation. The intent of the report is to simply address multiple ideas suggested to the City over the past several years and seek direction. Mayor Kozlowski asked if there is a fund balance set aside to cover parking ramp costs, and Mr. Gladhill replied yes. There is one account for surface lots and another for the ramp, but the ramp was a Tax Increment Financing (TIF) project, so some TIF funds may be used. Mr. Gladhill went on to say that the question is often asked, if all parking was free, how could the system be funded? It would be primarily funded through property taxes. Considering existing expenses, a 3% increase in the property tax would fund parking operations at current levels. Doing everything in the DTPC work plan, including expansion of the system would require another 3% increase in property taxes. The focus is not revenue, but rather, changing parking behavior, putting longer term parking further out from the core area and providing for capacity expansion. City Council Meeting December 6, 2022 Councilmember Junker commented that the parking study was done at the end of 2019, but the data used for much of it was from 2017 and 2018. The lift bridge trail opened in June 2020, so that data was not included. Downtown has changed dramatically since then. Mr. Gladhill summarized the goals of modernizing the parking district, changing parking behavior, implementing operational enhancements, and providing strategic expansions. Mayor Kozlowski stated he would like to rework the parking mitigation system, which seems unfair to newer businesses, and make it easier for specific users to park, including downtown employees and residents. Mr. Gladhill described proposed Phase 1: modernizing payment options (underway); and Phase 2: potential strategic expansion with approximately 60% paid, 40% free parking with smaller payment increments, and working on downtown employee parking. The proposal is achievable, but flexible and is being presented just for illustrative purposes. Staff will reach out to more business owners to get feedback. Councilmember Odebrecht asked, when the technology is in place to make enforcement easier, how hard would it be to shift the focus to other areas of downtown if needed, and Mr. Gladhill answered the infrastructure is easy to change and the solar powered credit card kiosks are easy to move. Councilmember Junker remarked the proposed layout equally distributes the paid and free parking. Mayor Kozlowski noted it would be hard to implement changes before determining how the system impacts different user types - employees of different types of businesses, working different shifts, marina guest overnight parking, downtown residents who do not have their own parking, seasonal shifts, and so on. The City must be able to explain how it will work for all users. Councilmember Junker stated, with 139 businesses downtown, trying to customize for every business would be difficult, and Mayor Kozlowski replied he is not suggesting customizing for every business, but being able to show almost space by space detail to the whole community, what it would look like. The other conversation will be about the fees. He suggested having open houses once the scenarios are put together so people can see it and give feedback. Mr. Gladhill summarized that what he is hearing is to explore Scenario B, gather more detail and input, and report back to the Council in February. Councilmember Junker stated he also would like to see certain parking lots like Teddy Bear Park, having 25-30 designated employee parking spaces. Some business representatives in the audience (no names given) provided informal feedback urging consideration for overnight parking, contractor parking and rolling out the red carpet for customers. Mr. Gladhill stated he will keep them informed. The Council provided direction to staff to proceed with Scenario B, community involvement and a detailed map, and bring the issue back to the Council in February 2023. Page 2 of 8 City Council Meeting December 6, 2022 Steam Engine 328 Discussion City Attorney Land led discussion on the City -owned Northern Pacific Locomotive No. 328, which is being housed at the Minnesota Transportation Museum in St. Paul, under a 32-year lease agreement that expires in 2031. The Museum recently asked the City to donate the steam engine to the Museum. Engine 328 needs significant repairs and restoration, estimated to cost between $100,000 (if volunteers are used) to $500,000. An appraisal concluded that the estimated market value of Engine 328 is $120,000-$150,000. To get the highest value, the appraiser suggested the engine be sold at auction. Ms. Land reviewed the City's options: donate the engine to the museum, do nothing, extend the lease 20-30 years, or return Engine 328 to the City for display. The Council directed City Attorney Land to negotiate with the Museum and see what they would offer to buy it, or what terms they would want for a long term lease. Motion by Councilmember Polehna, seconded by Councilmember Junker, to leave Engine 328 at the Minnesota Transportation Museum and work with the MTM on a lease or option to buy. All in favor. STAFF REPORTS Public Works Director Sanders reported that cleanup of the 7" snowfall went well. The sport court at the Armory is back in place. Staff is working with the DNR on a grant to remove some of the trees on the Pioneer Park slope. Police Chief Mueller gave Department activity updates and staff updates, noting that Captain Brian Bruchu is resigning in January. Fire Chief Glaser reported on Department activities, personnel updates and 12 paid on -call vacancies. Finance Director Provos noted the switch to a different bank is proceeding. The Council directed Community Development Director Gladhill and City Attorney Land to revisit the yard parking issue. City Clerk Wolf reminded the Council of upcoming holiday events. City Attorney Land reported on the Long Lake Villas settlement on the Consent Agenda. City Administrator Kohlmann informed the Council that the library roof should be done tomorrow; discussion will take place in January on legislation, facilities reports and long- range financial planning. MIS Specialist Bornt stated the security project is proceeding smoothly. He gave an update on the Police network upgrade, and noted that 19 parking ramp cameras have been installed. Library Director Troendle stated there is an original puppet show tomorrow and Saturday. He provided hiring updates, and stated that telescopes are available to check out. RECESS Mayor Kozlowski recessed the meeting at 6:00 p.m Page 3 of 8 City Council Meeting December 6, 2022 RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:04 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 Stillwater Fire Department Oath of Duty Presentation - Katie Hawke Chief Glaser gave the Oath and welcomed Katie Hawke to the Department. Certificate of Appreciation Retirement - Jeff Roettger. Paid on Call Firefighter Engineer Fire Chief Glaser commended Jeff Roettger for 23 years of service to the City. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2022-149, Certificate of Appreciation Retirement - Jeff Roettger, Paid On -Call Firefighter Engineer. All in favor. Certificate of Appreciation Retirement - John Nobles. Paid on Call Assistant Fire Chief Fire Chief Glaser recognized John Nobles for 27 years of service to the City. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2022-148, Certificate of Appreciation Retirement - John Nobles, Assistant Fire Chief. All in favor. Proclamation - Stillwater High School Girls Swimming & Diving Team Player Sydney Dettmann Mayor Kozlowski listed Sydney's sports and academic accomplishments and proclaimed December 7 Sydney Dettmann Day. Certificate of Appreciation Ashley Borchardt Mayor Kozlowski presented a certificate acknowledging the service of Ashley Borchardt as Human Resource Specialist -Confidential. OPEN FORUM There were no public comments. Page 4 of 8 City Council Meeting December 6, 2022 CONSENT AGENDA November 15, 2022 Special Meeting and Regular Meeting Minutes Payment of Bills 2023-2025 Labor Agreement with LELS Local 254 Police Sergeants - Resolution 2022-150 2023-2025 Labor Agreement with LELS Local 257 Police Officers - Resolution 2022-151 Ballfield Fencing at Public Works Park and Millbrook Park - Resolution 2022-152 Certification of Sewer and Water Charges - Resolution 2022-153 GIS Technician Position Liquor Licenses Renewal for 2023 - Resolution 2022-154 Long Lake Villas TIF #8 Settlement Agreement Modifying City of Stillwater Employment Policy Manual - Resolution 2022-155 Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Case 2022-79 to consid r amending City Code Section 31-216 (Nonconforming uses and structures) to allow for lateral expansions on non -conforming structures - Ordinance lst Reading Community Development Director Gladhill explained that staff has worked with the City Attorney to propose an amendment to the lawful nonconforming standards to specifically allow the enlargement of a structure, provided it does not increase the existing nonconformity. Additionally, the proposed ordinance amendment removes outdated language that conflicts with Minnesota Statute Chapter 462.357. On November 16, 2022, the Planning Commission recommended adoption of the amendment. Adoption would allow staff to process these specific types of requests administratively and reduce the need for a variance related to this type of condition. Staff recommends approval of first reading of the Ordinance. City Attorney Land explained that Minnesota Statutes allow for legal nonconformities to be repaired, replaced or improved, but not expanded. This revision applies to any legal nonconformity that exists as long as it does not make the nonconformity bigger. 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 Chapter 31, Section 31-216 regarding Lawful Nonconforming Uses and Structures, with a minor revision to add a comma in the first sentence. All in favor. UNFINISHED BUSINESS There was no unfinished business. Page 5 of 8 City Council Meeting December 6, 2022 NEW BUSINESS World Snow Sculpting Event Contract and Temporary Liquor License City Administrator Kohlmann reviewed a permit application to hold the 2023 World Snow Sculpting Championship (WSSC) at North Lowell Park on January 18-22, 2023. The Chamber of Commerce is asking to reserve parking lots 4 and 5 for the setup and the event dates. Parking lots 9 and 11 would need to be reserved for snow making from January 4-17. The event organizer is requesting a waiver of the noise ordinance during set up from January 4- 17, a Temporary Liquor License to be able to sell alcohol in the event space on only 4 days of the event, January 19-22, and a fee waiver. The City fees associated with this event would likely exceed $27,000. If Council wishes to approve the special event, they should pass a motion approving the 2023 World Snow Sculpting Championship Event Contract and Temporary Liquor License, subject to coordination of the event with the City's Police Department, Fire, EMS and Public Works. If the Council wishes to waive event fees, it should be specified which fees will be waived. If the Council wishes to approve the noise ordinance waiver for January 4-22, 2023, they should pass a motion approving that request. Robin Anthony, Greater Stillwater Chamber of Commerce President, noted that the steering committee is more focused this year on getting data on the economic impact of the event. Councilmember Odebrecht remarked the application was submitted late in the cycle, putting added strain on staff. He hopes next year's request will come in earlier. Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the 2023 World Snow Sculpting Championship Event Agreement, waiving all fees, and to approve the Temporary Liquor License. All in favor. Ice Skating Rink in City Parking Lot #4 Mr. Kohlmann stated that Chuck Dougherty, Water Street Inn, submitted an event application for an Ice Rink in parking lot #4 from January 8-March 20, with set up January 1-7. Mr. Dougherty is proposing to pay the costs to install and maintain the 40' x 116' skating rink, along with all insurance coverage, providing public bathrooms (in the hotel), use of the ballroom area for warming space and team meeting area, and use of heaters on their outside patio. The City is asked to provide the following: approval of the use of lot #4, use of City hydrants for the first two floodings (will use water from hotel after that), help with removal of the snow piles from outside of rink as needed, and waiver of all City fees. The fee for reserving lot #4 for a special event is $100/day; the total cost for the use of the parking lot would be $7,200. In the past, the Council has waived all fees associated with this event. If Council wishes to approve the special event, they should pass a motion approving the Ice Rink Event Contract. The Council should also vote on the request to waive all event fees. Chuck Dougherty, Water Street Inn stated the liquor permit is not needed this year. Motion by Councilmember Polehna, seconded by Councilmember Collins, to approve the 2023 Hockey Rink in Parking Lot #4 Event Agreement, and waive all fees. All in favor. Truth in Taxation Presentation for 2023 Budget & Tax Levy City Administrator Kohlmann presented the proposed 2023 budget and levy, and described the significant 2023 budget impacts. He explained that as a result of increases in property Page 6 of 8 City Council Meeting December 6, 2022 values and taxable tax capacity, the proposed budget and levy result in the lowest City tax rate in the past decade. Mayor Kozlowski stated that a resident pointed out that many commercial properties' total property taxes, for instance Cub and Target, are decreasing where residential property taxes are increasing. He would like to get information to make sure the right formulas are being used, and Mr. Kohlmann stated staff will contact the County to get more information. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt Resolution 2022-156, Adopting the Final Tax Levy for the Payable Year 2023 and Resolution 2022-157, Adopting the Final Budget Appropriations for the Year 2023. All in favor. County Road 5 Phase 2 Improvement Project Approval of Plans & Specs and Advertise for Bids Public Works Director Sanders reviewed the proposed Washington County Transportation Department plans and specifications for the road improvement project on Owens Street from Olive to Sycamore Street. The project includes road resurfacing, road narrowing, replacement of curbs and replacement of sidewalks. Though this is a County led project, the City is assessing a portion of the cost of the project to the affected property owners and must follow Minnesota Statute Chapter 429 process. It is recommended that Council approve the plans and specifications and authorize the advertisement of bids. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2022-158, Approve Plans and Specifications and Ordering Advertisement for Bids for the CSAH 5 Street Improvement Project Phase 2 (Project 2019-09). All in favor. COUNCIL REQUEST ITEMS Mayor Kozlowski asked staff and Councilmembers to start thinking about a creative plan for memorials downtown other than benches. Councilmember Polehna noted the Human Rights Commission will hold an Martin Luther King Breakfast on January 16, 2023. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 7:53 p.m. Ted Kozlowski, Mayor ATT ST: Beth Wolf, City Clerk • Resolution 2022-148, Certificate of Appreciation Retirement - John Nobles, Assistant Fire Chief Resolution 2022-149, Certificate of Appreciation Retirement - Jeff Roettger, Paid On - Call Firefighter Engineer Page 7 of 8 City Council Meeting December 6, 2022 Resolution 2022-150, Approving the 2023-2025 Labor Agreement Between the City of Stillwater and Law Enforcement Labor Services Local 254 Police Sergeants Resolution 2022-151, Approving the 2023-2025 Labor Agreement Between the City of Stillwater and Law Enforcement Labor Services Local 257 Police Resolution 2022-152, Resolution Authorizing the City of Stillwater to Accept a Donation from the Stillwater Area Baseball Association Resolution 2022-153, Adopting Delinquent Sewer, Storm Signs and Lighting Utility Charges L.I. Project No. 0001 Resolution 2022-154, Resolution Approving Renewal of Liquor Licenses for 2023 Resolution 2022-155, Modifying the City of Stillwater Employment Policy Manual Resolution 2022-156, Adopting the Final Tax Levy for the Payable Year 2023 Resolution 2022-157, Adopting the Final Budget Appropriations for the Year 2023 Resolution 2022-158, Approve Plans & Specifications and Ordering Advertisement for Bids for CSAH 5 Street Improvement Project Phase Two (Project 2019-09) Page 8 of 8