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HomeMy WebLinkAbout2024-10-01 CC MINj (water 216 41h Street N, Stillwater, MN 55082 r0 0651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL MEETING MINUTES October 1, 2024 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Interim Community Development Director Gutknecht Finance Director Provos Fire Chief Glaser Police Chief Mueller Police Captain Julien Public Works Director Sanders Human Resources Manager Kroells Library Director Troendle ADJOURNMENT TO CLOSED SESSION Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adjourn to Closed Session. All in favor. The meeting was adjourned to Closed Session at 4:30 p.m. CLOSED SESSION Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann. City Attorney Land, Attorney Bjerkness, Public Works Director Sanders The Council met in Closed Session pursuant to Minn. Stat. Section 13D.05 subd. 3(b) for attorney -client privileged communication to discuss the Lakeview Hospital Easement Acquisition Litigation. Motion by Councilmember Polehna, seconded by Councilmember Junker, to reopen the meeting. All in favor. The meeting was reopened at 4:35 p.m. OTHER BUSINESS Cannabis Zoning Standards City Attorney Land explained that the City's moratorium prohibiting the approval of any new cannabis uses expires December 31, 2024. The City's CBD license (now called "lower - potency hemp edibles" meaning anything less than .3% THC) will be unenforceable as of City Council Meeting October 1, 2024 January 1, 2025, because the Minnesota Office of Cannabis Management will take over the licensing of all cannabis businesses. In order to comply with the new state requirements, the City will need to enact a registration process for retail cannabis businesses and adopt zoning regulations for all 13 cannabis uses legally recognized by the State of Minnesota. There are four broad categories of cannabis uses: lower potency, adult use retail, manufacturing, and cultivation. State law allows cities to restrict the distance from other cannabis businesses and places where minors tend to congregate such as schools, daycares and public parks. The City has a 1,000-foot restriction between all cannabis uses so they are not clustered in the same area and a 200-foot buffer from residential properties. She showed zoning maps with the types of cannabis uses proposed to be allowed within the zoning districts, and recommended the 1,000-foot buffer be retained under the new regulations. City Attorney Land then discussed THC beverages. Currently the City prohibits on -site consumption; low potency beverages are currently allowed only at off -sale exclusive liquor stores and breweries/distilleries. The City has 41 bars/restaurants with on -sale liquor licenses. She asked if the Council wishes to allow lower potency beverages at on -sale liquor establishments without buffer zones and in all zoning districts, or should there be zoning restrictions? Councilmember Odebrecht remarked it would be very hard for wait staff to monitor customers combining alcohol and THC consumption. Mayor Kozlowski stated he would like to have other cities figure this out first; and Councilmember Junker stated he would not want to permit on -site THC beverage consumption. Police Chief Mueller commented in terms of public safety, there is the concern of combining alcohol and THC beverages but public safety staff recognizes there are other substances being combined currently by consumers. There are more public safety concerns with alcohol sales than with THC sales. Ms. Land suggested the best approach may be to wait till the Council decides what to do about the social district concept, and then introduce on -sale THC beverages later. Council members noted they have not heard any demand for on -sale sales of THC beverages. Ms. Land gave an overview of industrial -type cannabis uses, micro business and mezzo business - within one building they could grow, harvest, manufacture the product, sell at retail and have on site consumption all within one building "seed to table." Because manufacturing these products smells like a skunk, legal staff felt a bigger buffer zone was important and recommends 500 feet from residential uses, instead of 200 feet and keeping the 1,000 foot buffer between like businesses and from schools and parks (Option 1). This scenario does not leave much eligible land. Option 2 would be reducing the school buffer from 1,000 feet to 500 feet, opening up more land for this use. Councilmember Odebrecht remarked that one of the more responsible businesses has been Lift Bridge on Tower Drive. He asked if Lift Bridge could be considered existing non- conforming under Option 1, and able to continue manufacturing THC beverages? Ms. Land replied they could argue that they are legal non -conforming, and therefore should be allowed to continue to manufacture and sell off -sale. Ms. Land went on to state that the cultivation map is smaller because the City has only two agricultural parcels. She outlined proposed performance standards that would apply to all uses and districts. One new regulation would be an odor ordinance. Page 2 of 7 City Council Meeting October 1, 2024 The consensus of the Council was to allow the lower potency cannabis edibles in the BPC District only, keep THC drinks as off -sale only, and Option 1 for mezzo/micro businesses. Ms. Land will refine the draft ordinance, take it to the Planning Commission on October 23, bring it back to the Council for fine tuning in November, have 1st reading no later than December 3, and ready for adoption December 17. Downtown Safety Camera Project Police Chief Mueller gave an overview of the 2024 Downtown Camera Project with the goals of deterrence, response to active violence, and to aid in case investigation. He explained the "flock safety" approach involving several crime prevention and investigation efforts, used by 40+ law enforcement agencies in Minnesota. The City is working with Washington County on grant funding. He showed the camera map indicating the placement of fixed cameras and license plate readers. The City also is trying to get MnDOT legislatively to allow this technology in their right-of-way. The next steps are to purchase and install cameras, working with Public Works to install them during the downtown lighting project, and to review other City -owned cameras for effectiveness and connectivity, and consider a sound detector and drones. Everything should be in place by spring of 2025. STAFF REPORTS Chief Mueller voiced gratitude as the community and public safety officers dealt with a lot of tragedy last week. RECESS Mayor Kozlowski recessed the meeting at 5:26 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 Interim Community Development Director Gutknecht Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Assistant City Engineer Abdullah Human Resources Manager Kroells PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Page 3 of 7 City Council Meeting October 1, 2024 RECOGNITIONS OR PRESENTATIONS Stillwater Fire Department Oath of Duty Presentation for Erick Barrera and Devin Cates Fire Chief Glaser gave the Oath of Duty to Firefighters Barrera and Cates. Proclamation for Fire Prevention Week Mayor Kozlowski read a proclamation designating October 6-12 as Fire Prevention Week and reminded residents to check smoke detectors and carbon monoxide detectors. Chief Glaser spoke to the importance of fire prevention efforts and invited the public to the Fire Prevention Week open house October 12. Riverfront Renewal City Administrator Kohlmann reviewed a $13.S million plan to expand and enhance riverfront access, called "Riverfront Renewal." The project will transform Lumberjack Landing and Bridgeview Park through State funding, private donations, grants and City contributions. He showed proposed design plans for each project. $6 million funding from the State Legislature, and $1.1 million in grants and donations, has already been secured. In a November referendum, Stillwater voters will decide whether to accept a half percent sales tax to cover $6.2 million of project costs. The tax would end after 10 years or when the $6.2 million is secured, whichever comes first. He encouraged residents to make their voice heard in November voting. Mayor Kozlowski noted that this tax allows nonresidents to help fund improvements used by all. OPEN FORUM Jim Buggert, 101 Olive Street East, spoke about noise pollution from the Century Link building HVAC units which are aging and getting noisier. He played a cell phone recording made while on his deck. Interim Community Development Director Gutknecht responded that staff is working with code enforcement to measure the day and night decibel levels from all sides. STAFF REPORTS Public Works Director Sanders gave updates on the downtown lighting project, RFP closing for Bridgeview Park courtesy docks, and PSA treatment. Fire Chief Glaser passed along an appreciation letter from Our Saviors Lutheran Church for Emergency/CPR Training. Finance Director Provos reported the City maintained its AA rating and there were nine bids on the bond sale today. Interim Community Development Director Gutknecht updated the Council on hiring of an Assistant City Planner, and noted that the Emergency Housing project building permit was just issued. City Clerk Wolf noted that Waste Management will increase rates January 1, and Councilmember Odebrecht was appointed to the Browns Creek Watershed District Board of Managers. Page 4 of 7 City Council Meeting October 1, 2024 City Administrator Kohlmann stated Community Development Director interviews will be October 11. The Council welcomed Human Resources Manager Kroells to Stillwater. CONSENT AGENDA September 17, 2024 Regular Meeting Minutes Payment of Bills 2025 Street Improvement Project Soil Boring Agreement 2025 Street Improvement Project Survey Agreement Appointment of Election Judges for 2024 General Election - Resolution 2024-113 Bench Permit for U.S. Bench Corporation Encroachment Agreement for 419 2nd St. S. Fee Schedule Amendment for Liquor License Fee Increase - Ordinance 1st Reading Lumberjack Landing Aiple House Construction Management Agreement Joint Cable Commission and Parks & Recreation Commission Appointments Shoddy Mill and Bergstein Warehouse Design Agreement Social Media Management Contract Renewal Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Proposed Assessments for 2024 Sidewalk Rehabilitation Project Assistant City Engineer Abdullah reviewed the project. The feasibility estimate for the project was $182,016 and the final project cost is $123,676. The final assessment cost is $8.65 per square foot. Project funding is: assessments, $22,586 and City funds, $101,090. One objection was submitted. The assessment period would be five years for assessments less than $3,000, ten years for assessments between $3,001 and $10,000, and 15 years for assessments over $10,000, with interest added at 4.26% per year on the unpaid balance. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2024-114, Resolution Adopting Assessment for 2024 Sidewalk Improvement Project, Project 2024-03, with a revision to 4.26% interest rate and reduce the objectors' assessment. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS 3393 Pioneer Place Variance Appeal Interim Community Development Director Gutknecht stated that on June 26, 2024, the Planning Commission denied a Variance request to exceed the impervious surface and facilitate the construction of a pool. The pool project would increase the total impervious to Page 5 of 7 City Council Meeting October 1, 2024 approximately 41.7% coverage, where 25% is the maximum per the Shoreland Overlay District. Applicant Nik Hawley from Performance Pool and Spa appealed the decision. On September 3, 2024 the City Council tabled action and directed staff to review the proposed mitigation technique presented by the applicant and their contractor. Staff concluded that an appropriate plan would result in mitigation of the proposed improvements back to existing site conditions of 34% impervious surface. Due to the proposed mitigation plan, the unique situation of the Shoreland Overlay District and that the request is specifically for a pool, staff could support approving the variance with the inclusion of two conditions: 1) the proposed mitigation technique be increased to meet the standards as determined by the engineering staff and 2) the inclusion of a Stormwater Management Agreement. Councilmembers voiced appreciation for the applicants and City staff efforts to resolve the situation to the benefit of all. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adopt Resolution 2024-115, Resolution Adopting Findings of Fact to Overturn the Denial of a Variance Request to Exceed the Maximum Allowable Impervious Surface of 25% at 3393 Pioneer Place (Case Number CD2024-032). All in favor. Alcohol Training Ordinance Amendment Police Chief Mueller informed the Council that recently the City Code alcohol ordinance was changed as it relates to required training and documentation of training for individuals who serve alcohol. On reviewing this ordinance, with public input, staff recommends a clarification that will uniformly apply to all licensees (new and existing) and require ongoing and updated training to all employees who serve alcohol. The ordinance will require that all on -sale liquor licensees train any employee who will serve alcoholic beverages prior to the employee selling alcohol and annually to each employee thereafter. The employer is responsible for maintaining training records for each employee. The Police Department intends to provide annual or bi-annual training on this topic as well as online resources. This training is also required for individuals serving alcohol at events as part of a Temporary Liquor License. Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adopt first reading of an Ordinance Amending Chapter 6, Article II1, Section 6-79(J) of the City Code of the City of Stillwater. All in favor. Sale of General Obligation Capital Outlay Bonds, Series 2024A Mikaela Huot, BakerTilly Municipal Advisors, gave an overview of the bond sale. Motion by Councilmember Dunker, seconded by Councilmember Polehna, to adopt Resolution 2024-116, Providing for the Issuance and Sale of $3,680,000 General Obligation Capital Outlay Bonds, Series 2024A, and Levying a Tax for the Payment Thereof. All in favor. COUNCIL REQUEST ITEMS Energy Action Committee at Harvest Fest Odebrecht thanked Summer Tuesdays and the City for supporting the Committee's presence at Harvest Fest. Page 6 of 7 City Council Meeting ADJOURNMENT October 1, 2024 Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:08 p.m. , Ted Kozlowski, Mayor ATTEST: A*151) Beth Wolf, City Clerk Resolution 2024-113, Appointing Election Judges for the November 5, 2024 General Election Resolution 2024-114, Adopting Assessment for 2024 Sidewalk Improvement Project (Project 2024-03) Resolution 2024-115, Adopting Findings of Fact to Overturn the Denial of a Variance Request to Exceed the Maximum Allowable Impervious Surface of 25% at 3393 Pioneer PI (Case Number CD2024-032) Resolution 2024-116, Providing for the Issuance and Sale of $3,680,000 General Obligation Capital Outlay Bonds, Series 2024A, and Levying a Tax for the Payment Thereof Page 7 of 7