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HomeMy WebLinkAbout2024-02-06 CC MINY an ter 216 41h Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL MEETING MINUTES February 6, 2024 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:32 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht (arrived approximately 4:50), Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Public Works Director Sanders Library Director Troendle OTHER BUSINESS 2024 Legislative Agenda Lobbyists Ann Lenczewski and Angela Huss from Lockridge Grindal Nauen shared their strategy for the upcoming legislative session. Human Rights Commission Childcare Survey Human Rights Commission (HRC) Chair Sirid Kellermann and Commissioner Blaise Junker gave a presentation on issues affecting affordable childcare. They requested the Council's approval for the HRC to proceed with a survey to research whether affordable childcare presents a substantial challenge to Stillwater residents. Councilmembers voiced support for the survey and related research by the HRC. City Monument Review Kathleen Anglo, TKDA, presented three possible concepts for an entrance monument at the southern City limits. Mayor Kozlowski suggested placing the entrance sign just south of the Brick Alley near St. Croix Boat and Packet, where it may be less prone to vandalism. Councilmember Junker noted the existing sign featuring civic organizations needs repair. The Council's consensus was to proceed with the white acrylic lighted sign with the bridge below, the City logo on top, and consider a location at the edge of downtown. City Council Meeting February 6, 2024 STAFF REPORTS Public Works Director Sanders reported that the Met Council granted the City an additional $10,000 for the Water Efficiency Rebate Program, which expires in June 2024, as well as a $59,000 Inflow and Infiltration grant. He gave a personnel update. Fire Chief Glaser stated there were two mutual aid house fires recently and the DNR predicts an increase in wildfires this spring. He reported on personnel and noted the upcoming February 26 Fire Day at the State Capitol. Finance Director Provos stated the new timesheet and AP processes are going well; and auditors are in house. Community Development Director Gladhill noted that Parking Lot 8 is being resurfaced, and staff are reviewing several pre -application concept plans. City Clerk Wolf stated election training is underway; yard waste bins will be provided starting in March; and the new City Code book arrived from the publisher. City Attorney Land reviewed tonight's CBD agenda item and added that possible legislative changes regarding cannabis laws may be discussed at the March 5 meeting. City Administrator Kohlmann informed the Council that there is a possible new organizer for Lumberjack Days; there were 13 applications for the Special Services District; IT manager candidates are in final interviews; Councilmembers and staff met with RETHOS about repurposing historic buildings; and a stock donation was made to the City. Library Director Troendle gave program updates and thanked the Fire Department for sprinkler system assistance. Mayor Kozlowski recessed the meeting at 5:48 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 Police Chief Mueller Fire Chief Glaser Public Works Director Sanders Assistant City Engineer Abdullah PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Page 2 of 7 City Council Meeting February 6, 2024 RECOGNITIONS OR PRESENTATIONS Certificate of Retirement for Chris Felsch Police Investigative Sergeant -- Resolution 2 24-011 Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2024-011, Certificate of Retirement - Chris Felsch. All in favor. Police Chief Mueller and the Council commended Sergeant Felsch upon retiring from his position as Police Investigative Sergeant after 31 years of serving the City. OPEN FORUM Jonathan Van Zee informed the Council of Nazi flyers posted around town, and Police Chief Mueller encouraged anyone else seeing such material to report it. CONSENT AGENDA January 16, 2024 Regular Meeting Minutes Payment of Bills Downtown Parking Commission Appointment Earned Sick and Safe Time Policy Revision - Resolution 2024-012 Election Judge Appointments for 2024 Presidential Nomination Primary Election - Resolution 2024-013 Employee Assistance Program Services Renewal Parking Permit Module Agreement with Passport Labs Parking Reservation for Biercycle Adventures - Resolution 2024-014 Parking Reservation for Stillwater Trolley - Resolution 2024-015 Preventative Maintenance Services Agreement with MK Mechanical Public Works Purchase Request for New Loader with Plow and Wing Rolloff Haulers License for Gene's Disposal Service Inc. Street Right of Way Vacation Amendment - Resolution 2024-016 Waste Management Contract Amendment for Yard Waste Collection Short Term Home Rental License for 239 Nelson St E Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS 2024 Street 1mprvvement Prqj ect-Feasi b i I i ty Report and Public Hearing to Consider Street and Utility Improvements Assistant City Engineer Abdullah explained the 2024 Street Improvement Project, covering 3.52 miles of streets: 2.25 miles of mill and overlay, and 1.27 miles of full and partial pavement reconstruction. The total estimated cost is $3,301,368, to be funded through assessments, bonding, utility funding, and State Aid Funding (Greeley Street). Construction will take place May -October 2024 and the assessment hearing will be in October. 24 galvanized water services will be replaced and assessed to property owners per City policy. The assessment amounts are capped by the actual benefit the project would provide to the properties, and will be finalized when the project is finished. Page 3 of 7 City Council Meeting February 6, 2024 Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2024-017, Resolution Receiving Report and Calling Hearing on 2024 Street Improvement Project, Project 2024-02. All in favor. Mayor Kozlowski opened the public hearing. Sean Turnbull, 595 Newman Trail, stated assessing residents for street repairs is a moral question, considering how property taxes, sales taxes and other taxes have gone up. The streets in Liberty are not in bad shape and do not need curbs, they only need to be re- blacktopped. He asked the City to produce the contract that allows the City to assess property owners for maintaining the streets. He has talked to his attorney and they will take this on because he will not allow the City to assess him and others the amounts listed in the assessment roll, which is especially difficult for people on fixed incomes. Dave Bottger, 212 Greeley Street South, stated he is glad a crosswalk at Greeley and Olive is planned. However he questions the safety of having parking spaces and bike lanes together, and asked the Council to consider keeping them separate. Ian Elverum, 205 Walnut Street, noted that the intersection of Walnut and Greeley has a lot of accidents and near accidents. He would like to see a stop sign at the intersection. Janna Wallin, 928 Greeley Street South, requested clarification about what it means to have bike lanes and parking together. Assistant City Engineer Abdullah replied that the driving lane will be striped at 12 feet wide (rather than 23 feet) and whatever is left to the curb will be for parking and bikes. Parking normally takes 6-7 feet, so 3-4 feet will be left for the bicyclists to use. The Minnesota Department of Transportation (MnDOT) will not allow the City to stripe it specifically for biking because it is less than the MnDOT required width for a bike lane. Nance Purcell, 1017 Abbott Street West, echoed Mr. Turnbull's concern about spending money to make the City more beautiful when there are so many needs in the City such as climate issues. She plans to redo her driveway and asked if she can file for a credit for the skirt portion; Mr. Abdullah replied no credit is available but the contractor can work with the City to coordinate the work. Anne Turnbull, 595 Newman Trail, asked what property taxes pay for. She pointed out if redone streets improve property value, then property taxes also increase. She feels it is unethical to assess property owners for streets; property taxes should be used. Mayor Kozlowski answered that the County, School District and City all receive property tax money. Property taxes pay for police, fire, library, salaries and insurance. Every year the City assesses for road work - every City in Minnesota does something similar. He has tried to find an alternative method for 12 years. If property taxes were used to fund street repairs, then everybody's property taxes would go up by about 30%, and refunding property owners paying past assessments going back 10 years would bankrupt the City. Howard Lieberman, 914 Greeley Street South, stated he is willing to pay what is required to maintain the quality of the streets. He noted that businesses in the Liberty neighborhood have a difficult time attracting customers; some flexibility in the signage they are allowed might take some of the sting out of their assessments. He questioned the prudence of adding Page 4 of 7 City Council Meeting February 6, 2024 a bike lane for the few who will use it. He also noted he has gotten quotes around $9,000- 10,000 for his water service as opposed to $5,000 noted in the City letter. Pat Moore, 914 Greeley Street South, asked about the timing if they have their water service replaced; and Mr. Abdullah replied it should be done just before the street work starts, in order to prevent tearing up of the new road. Paul Heerwald, 3625 Eben Way, asked about removal of trees in the boulevard that affect the sidewalks, and about irrigation systems that are in the boulevard. Mr. Abdullah replied trees that are lifting the sidewalk or affecting the curb will be removed as part of the general project costs, and some irrigation systems will be disrupted. Property owners should mark them as much as possible and the contractor will fix damages. Mr. Turnbull voiced anger at seeing the statement "the project is technically and financially feasible" because the assessment will price some residents out of their homes. He would like to know where is the contract that says he is subject to assessments. City Attorney Land responded that Minnesota Statute Chapter 429 gives the City the authority to assess property owners for public improvements. If the Council orders an improvement and makes assessments, it must prove there is a value to the property owner. There are appraisers who will justify that and the City has already hired an appraiser to determine the maximum value of the benefit to the property. Those who are disabled or over age 65 may apply for a deferral so the amount gets assessed to their property taxes, but they do not have to pay it until they do not qualify anymore, or until they sell their house. Miles Tibbetts, 663 Second Street, asked for information on applying for the over-65 deferral; Public Works Director Sanders answered that when the assessment hearing takes place in the fall, property owners will receive another letter describing the process how to get a deferral on the assessment if they are over 65. Heidi Rosebud,110 Greeley Street South, stated she is very concerned about vehicle drivers getting out of their parked car when a bike is going by. She also would like a four-way stop sign at Greeley and Myrtle because she saw at least five major accidents there last year. Mr. Sanders stated the project is not adding a bike lane, only creating a 12-foot travel lane and an 11-foot parking lane wide enough for a car to park and a biker to ride in that shoulder area. It will be just a stripe. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adopt Resolution 2024-018, Resolution Ordering Improvement and Preparation of Plans & Specifications for the 2024 Street Improvement Project, Project 2024-02. All in favor. UNFINISHED BUSINESS There was no unfinished business. Page 5 of 7 City Council Meeting February 6, 2024 NEW BUSINESS CBD Establishment License for Stillwater Smoke Shop Plus City Attorney Land stated that a renewal application for a CBD (cannabinoid) Retail Establishment license was received from Stillwater Smoke Shop Plus. This matter was considered at the January 16, 2024 meeting, but the applicant was not present and the Council chose to give the applicant an opportunity to withdraw the application, therefore the application was continued to this meeting. The business came under new ownership as of October 2022. The owner passed the background check and submitted supporting documentation, which shows basic data that it may meet the criteria for SO% of sales related to CBD. While the location is in the correct zoning district, the business needs a conditional use permit. The business failed the compliance check in December 2023 and sold to an underage buyer. The administrative citation fine for violating the ordinance has been paid. The owner has submitted a letter to the City detailing rectifying measures he has taken since the compliance check failure. Councilmember Collins inquired about the Clover point of sale system and if that was required, noting it could eliminate a lot of problems; and City Attorney Land responded that it may be something we could consider. Mayor Kozlowski asked what the City does for tobacco and alcohol violations; and Ms. Land provided an overview of the statutory penalties associated with tobacco and alcohol. Mayor Kozlowski noted they paid their fine and provided their percentage information. There was discussion about IDs and scanning. Councilmember Junker asked if the license was currently operational; and Ms. Land answered that they were allowed to continue until this hearing. Councilmember Junker expressed his disappointment in the failed compliance check. He also noted that he was not pleased given the whole new cannabis situation we are in right now. He appreciated the updated information and agreed it was not a good situation that happened. He explained the steps to improve it. He was still disappointed that it failed the compliance check. Mayor Kozlowski discussed the limited tools to managing some of the issues involved in these licenses. He acknowledged the City is trying to protect and does not want to be overly draconian. He was fine with issuing the license knowing that they paid the fine and are adjusting their behavior. Councilmember Junker pointed out that since legislative changes came out last session, Stillwater has been conservative and put a moratorium on this situation. He noted the City has put a lot of effort into the cannabis situation the last two or three years. He stated that if he were an owner, he would be on his best behavior every day and every minute the store was open. This is a new thing and Stillwater has been conservative. He also noted that the City issued three licenses and only had to issue one. He reiterated the importance for license holders to not make any mistakes. Mayor Kozlowski indicated the disappointment is there but he was fine with the solution in front of them and the City will be discussing this more broadly in the next few weeks. He noted that the City does the best to apply rules regarding alcohol and tobacco. He also acknowledged the importance of processing these requests responsibly due to the City being a tourist destination. Page 6of7 City Council Meeting February 6, 2024 Councilmember Collins asked if this was approved if it was good through 2024; and City Attorney Land responded that it was retro from January 1st to December 31st. However, there is a condition that they obtain a Conditional Use permit by May 1st, which should give them enough time to get through the Application process. Councilmember Polehna stated he agreed with Mayor Kozlowski on providing solutions and ways to improve, but noted we need to follow up and make sure these are being followed through on. Khalil Hammad, Stillwater Smoke Shop Plus, thanked the City for the opportunity to reapply. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt Resolution 2024-019, Resolution Approving the Issuance of a CBD Retail Establishment License to Stillwater Smoke Shop Plus. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 8:41 p.m. Mic el Polehna, Vice Mayor ATTET: /3�f6. 9A Beth Wolf, City Clerk Resolution 2024-011, Certificate of Retirement - Chris Felsch Resolution 2024-012, Approving Earned Sick and Safe Time for 2024 Resolution 2024-013, Appointing Election Judges and Fixing Compensation for the 2024 Presidential Nomination Primary Election Resolution 2024-014, Resolution Granting Parking Stall Reservation to Biercycle Adventures, LLC for the Operation of Multi -Person Cycle Tours in 2024 and Rescinding Resolution 2023-021 Resolution 2024-015, Resolution Granting Parking Stall Reservation to Rivertown Transportation, LLC dba Stillwater Trolley for the Operation of Trolley Tours in 2024 and Rescinding Resolution 2021-021 Resolution 2024-016, Amended Resolution Vacating a Portion of Unbuilt Public Right -Of -Way Located Within the City of Stillwater, Minnesota Resolution 2024-017, Resolution Receiving Report and Calling Hearing on 2024 Street Improvement Project Project 2024-02 Resolution 2024-018, Resolution Ordering Improvement and Preparation of Plans & Specifications for the 2024 Street Improvement Projerct Project 2024-02 Resolution 2024-019, Resolution Approving the Issuance of a CBD Retail Establishment License to Stillwater Smoke Shop Plus Page 7 of 7