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Home My WebLink About2023-10-03 CC MIN61illwater 216 41h Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL MEETING MINUTES October 3, 2023 WORKSHOP MEETING 4:30 P.M. The 4: 30 workshop meeting was cancelled due to lack of agenda items. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:02 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 Proclamation - United Way Mayor Kozlowski presented a proclamation designating October 9-15 as United Way Week. Proclamation - Fire Prevention Week Mayor Kozlowski read a proclamation designating October 8-14 as Fire Prevention Week. Proclamation - Infants Remembered Mayor Kozlowski proclaimed October 15 as Pregnancy and Infants Loss Remembrance Day. OPEN FORUM Lizzie Harris, Owens Street resident, shared her interest in increased walkability, more bike facilities and recreational amenities for the City. Mary Pat Flandrick, resident, voiced concern that the name "Lumberjack Landing" conveys that there is only one culture in this area. She asked consideration for changing the name to honor all present and past peoples and cultures in this area. Ann Wolff, resident, encouraged the Council to "listen, understand, and connect." City Council Meeting October 3, 2023 STAFF REPORTS Public Works Director Sanders reported that the three-year hydrant -painting project was completed; reminded the Council of three October 17 assessment hearings; and acknowledged a letter from a resident asking consideration of a name change for Lumberjack Landing. Mayor Kozlowski responded that the City is working with the National Park Service and Congresswoman Betty McCollum, the name is out there and if changed, it would cause confusion as there are so many documents floating around regarding programming and development. He feels a name change now would be a huge detriment to the success of the park. The groundbreaking can incorporate a land acknowledgement and a secondary name that identifies the significance of what a lot of people are talking about. Councilmember Junker asked for an update on Teddy Bear Park, and Mr. Sanders replied the contractor must have ideal temperatures to complete the project. He went on to report the 72nd Street Project should be completed by the end of October. Police Chief Mueller stated there is more information from the State on what the SRO may and may not do. He commended patrol crews who have been making a lot of alcohol and drug related arrests. Crews are focusing on speeding and loud mufflers. The downtown security camera project is in progress. He noted the pink breast cancer awareness patches are for sale. The Police Department placed 4 out of 17 in a memorial softball tournament. The Department donated a crime scene experience to the Partnership Plan. Councilmember Polehna thanked Public Safety personnel for escorting the swim team into town after their meet. Fire Chief Glaser stated that flu shots will be available at the Fire Prevention Open House October 14 and there will be a blood drive on October 17. He reported a tragic double drowning occurred near Afton today. Finance Director Provos stated that ERP software implementation starts next week. Community Development Director Gladhill gave updates on Sundance Stillwater; Chapel Hill Flats' request for balconies to be discussed November 8; demolition of a blighted home at 513 Owens Street. Manitou Fund is making progress on the school project at the Zephyr site. The new downtown parking program is going well and signage will be updated. City Clerk Wolf noted the mattress cleanup program is underway; the City Council meeting will be moved from November 7 to November 8, and the Heritage Preservation Commission meeting will be moved from November 8 to November 9, due to the election. City Administrator Kohlmann reported there will be a Central Business District meeting October S. CONSENT AGENDA September 19, 2023 regular meeting minutes Payment of Bills Broadway Street Drainage Repair Project Contract Agreement Certification of Delinquent Solid Waste Charges, Cleanup Service Charges and Parking Mitigation Fees - Resolutions 2023-133, 2023-134, 2023-135 Page 2 of 4 City Council Meeting October 3, 2023 Emerald Ash Borer Tree Removal Project Contract Agreement Establishment of School Zone Speed Limit - Resolution 2023-136 HVAC Controls Replacement Project Bid Award - Resolution 2023-137 Laurel Street Retaining Wall Project Contract Agreement Loop Trail Snow Clearing Joint Powers Agreement - Resolution 2023-138 MnDOT Agency Agreement for Federal Participation in Construction - Resolution 2023-139 Revised Declaring Costs for 2023 Street Improvement Project - Resolution 2023-140 Short Term Home Rental Licenses Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS General Obligation Capital Outlay Bonds Sale Mikaela Huot, Baker Tilly, presented the results of the 2023 bond sale. The final approved bid is 4.01%. The bond rating of Aa2 has been affirmed by Moody's. She recommended that the Council adopt a resolution awarding the bonds. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adopt Resolution 2023-141, Resolution Providing for the Issuance and Sale of $4,955,000 General Obligation Capital Outlay Bonds, Series 2023A, and Levying a Tax for the Payment Thereof. All in favor. Ordinance amendment of 31-514.1 to allow manufacturing of THC-infused beverages as an accessory use at breweries and distilleries and to allow the sale of THC-infused beverages at off- sale liquor establishments without a CBD retail license - 1st reading - 2 Ordinances City Attorney Land gave background on legislative and City Council -enacted regulations surrounding CBD uses. The State's Office of Cannabis Management, which will regulate such uses, will not be ready to approve or license cannabis businesses until approximately January of 2025. Until then, the City's ordinances apply. Requests have come in from Lift Bridge Brewery to allow manufacturing and sale of CBD-infused beverages, and from Cub Liquor and Liberty Village Wine & Spirits to sell CBD-infused beverages. In September, the Council supported allowing the manufacturing of CBD beverages at breweries and distilleries as an accessory use. She presented the proposed zoning ordinance amendments and stated the Planning Commission held a public hearing September 27 and recommended approval of the zoning ordinance amendment. This narrow change would not lift the City's existing moratorium. Councilmember Junker asked who monitors the allowable amount of THC in the manufacturing of THC infused beverages. Page 3 of 4 City Council Meeting October 3, 2023 City Attorney Land stated until the Office of Cannabis Management is up and running, the Minnesota Department of Health is responsible for ensuring that products have no more than the allowed amount. Councilmember Junker stated he is still trying to figure out the step by step procedures. One reason for the moratorium was to get better educated and let the State OCM get up and running. He has no problem with liquor stores selling THC infused beverages, but the City is not prepared to administer manufacturing and selling for consumption on site. Mayor Kozlowski thanked the City Attorney for helping the City navigate the issues and stated he does not want to penalize anybody for doing business in Stillwater. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to approve first reading of an Ordinance Amending City Code Chapter 31, Section 31-514.1 Regarding Performance Standards for Cannabis -Related Uses, and an Ordinance Amending Stillwater City Code Section 41-10 Regarding CBD Retail Establishment License Exceptions and Performance Standards. Motion passed 4-1 with Councilmember Junker opposed. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 8:05 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk(/ Resolution 2023-133, Adopting Delinquent Solid Waste Charges L.I. Project No. 0002 Resolution 2023-134, Adopting Delinquent Cleanup Service Charges L.I. Project 00040 Resolution 2023-135, Adopting Delinquent Parking Mitigation Fees L.I. Project 00080 Resolution 2023-136, Resolution Establishing School Zone Speed Limit at New Heights School and Stillwater Middle School Resolution 2023-137, Accepting Bid and Awarding Contract for the City Hall and Police Department HVAC/Controls Replacement Project Resolution 2023-138, Approving Joint Powers Agreement Between St. Croix County Wisconsin and the City of Stillwater Minnesota for the Loop Trail Snow Removal Resolution 2023-139, Approving MnDOT Agency Agreement Resolution 2023-140, Resolution Revised Declared Cost to be Assessed for 2023 Street Improvement Project (Project 2023-02) Resolution 2023-141, Resolution Providing for the Issuance and Sale of $4,955,000 General Obligation Capital Outlay Bonds, Series 2023A, and Levying a Tax for the Payment Thereof Page 4 of 4