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HomeMy WebLinkAbout2021-02-02 CC MINjillwa ter The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES February 2, 2021 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order via Zoom at 4:32 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf Community Development Director Turnblad Finance Director Provos Fire Chief Glaser Library Director Troendle Public Works Director Sanders OTHER BUSINESS Lily Lake Association Strategic Visioning Mike Lyner, president of the Lily Lake Association, shared a proposal to form a vision for the future use of Lily Lake and surrounding land, and recreate Lily Lake's past significance as a city-wide amenity. He requested the City's formal blessing to continue with the process. Councilmember Collins commended the Association for the work that has occurred so far. Councilmember Polehna also voiced support for the initiative. He would not support opening up the beach again, but would support making the shore more accessible. Mayor Kozlowski recalled the unfortunate incidents that happened in regard to amoeba that was in the lake, and resulting litigation that forced the City to consider the closing of the beach. He would like to reconsider opening the beach and especially would like to know the legalities and science behind the closure of the beach. Mr. Lyner stated he would not want to completely dismiss opening the beach again, but would like to move ahead with a vision for the lake's future so visitors may still enjoy the lake. The group is thinking of renaming the association because it is not a homeowner's association for shoreline owners - it is a group of friends who really care about the lake. Commissioner Junker applauded the Association for its hard work. He would love to see Lily Lake again become a focal point of Stillwater and open the beach for swimming and activities. Mayor Kozlowski suggested that a representative from the Association attend the Parks Commission meetings. City Council Meeting February 2, 2021 Councilmember Polehna suggested assigning Councilmember Collins as Council representative on the group, adding that City staff will need to look at their workload in respect to staff time required. Mr. Lyner pointed out that those with strong feelings about certain ideas are encouraged to discuss them in order to reach consensus. Barb Bickford, Bickford Collaboration LLC, added that the process is called convergent facilitation, which is designed to encourage everyone to keep working on ideas and refining them. Councilmember Odebrecht applauded the effort and stated he is excited to see where it goes. Council consensus was to move forward and direct the group to work with the Parks Commission. Planning Division Work Plan 2021-2024 Community Development Director Turnblad explained that COVID-19 slowed the Planning Department's 2020 work plan, but progress was made on many projects. 2021 projects may experience some delays, as a new Community Development Director comes when he retires in June. He presented an overview of completed projects, projects in process, and 2021 projects, and encouraged the Council to provide feedback. ,sign Ordinance ā¯‘iscussion Mr. Turnblad next explained that the sign regulations found in the Zoning Chapter of the City Code are in need of revision for several reasons. First, US Supreme Court cases over the years have refined first amendment free speech law as it applies to signage and those refinements need to be reflected in the sign regulations. Second, institutional signage has largely been ignored by the City Code and needs to be addressed. And third, digital signage has been requested by a few businesses. Staff has re -organized the sign code so it flows more logically and is more understandable. The Planning Commission held a public hearing on the proposed ordinance amendment on February 26 and recommended approval. However on December 15, 2020, a City Council vote to approve the first reading of the amended ordinance failed. There appeared to be support to: 1) update the Code to reflect current law; 2) create consistency in institutional sign standards; and 3) add a table showing what signage is allowed in each zoning district. What could not gain consensus was whether or where digital signage should be allowed. Staff requests the Council discuss digital signage and give staff direction on whether digital signage should be allowed, and if so, where. Mayor Kozlowski suggested the ordinance could distinguish between text -only digital signs versus those with images. Mr. Turnblad replied the ordinance could have a separate category for scrolling text only. However, the industry is moving away from that, toward fully programmable digital media. Mayor Kozlowski stated the main problem seems to be addressing signage for multi -tenant properties that have limited physical sign space. He wondered if it makes sense to look at allowing for a larger sign area throughout the commercial business district, and allowing digital signage to comprise 50% for multi -tenant buildings and 25% for other businesses. Mr. Turnblad replied that could be done as long as like properties are treated similarly. Page 2 of 8 City Council Meeting February 2, 2021 Mayor Kozlowski stated what was frustrating with the last sign ordinance is that there was no alternative route if technology changes. He asked if there is a way to allow for variances in the future so that when technology changes, the City need not rewrite the ordinance; and Mr. Turnblad responded that the ordinance can be changed as needed without doing a massive overhaul. Typically, variances may only be applied to measurable things, not something that is subjective. City Attorney Land clarified that if someone wants to make a sign bigger than the ordinance allows, they may always apply for a variance. They may also improve, replace or repair an existing sign without applying to the City, they just cannot expand the signage. Councilmember Junker commented he would like to explore expanding digital signage particularly on the Highway 36 corridor and on multi -tenant buildings. Valley Ridge Mall initially brought this issue up eight years ago. Mayor Kozlowski asked if the Council would be open to allowing 50% digital signage on multi -tenant buildings throughout the business commercial district and 25% for the rest. Councilmember Junker stated multi -tenant needs to be defined. Councilmember Odebrecht stated he finds a lot of digital signage to be ugly and distracting especially for drivers. He is concerned that if the ordinance is not carefully crafted, anybody who wants to improve an existing sign may make it digital. Ms. Land explained that for legal nonconforming uses, i.e. billboard signs, they can be repaired, replaced or improved, including making it digital, but not expanded. For legal conforming signs, the City can put parameters around what can be done and where they may be placed in that district. If there is nothing on the books about digital signage, as it now stands, a sign owner may go ahead and say it is an improvement. Once it is on the books, then they have to follow the rules. Councilmember Collins remarked that he too dislikes digital signs and views them as billboards. They are not appropriate in Stillwater. Councilmember Polehna stated he is nervous about having giant billboards on the highway. But he also knows that Valley Ridge Mall needs something to indicate the businesses. Councilmember Junker noted that the sign at Valley Ridge Mall has only 3-4 banner spots to accommodate 25-30 tenants. The Mall is trying to give a little more visibility to some of the multi -tenant spaces, but is not asking for a gigantic digital sign. Mr. Turnblad pointed out that the absolute max size that the digital portion of the sign can be is 50 square feet or 50% of the total freestanding monument sign. A freestanding monument sign may be no larger than 100 square feet. Mayor Kozlowski stated that in the expanded area, digital could be capped at 25% of available signage. Only a limited number of businesses would apply for it. The main problem the Council is trying to solve is Valley Ridge Mall. He would like to reach out to the whole group of tenants at Valley Ridge Mall and get their input to ask if this would solve their problem. He also would like to allow the sign at the Rec Center to be turned back on. Councilmember Odebrecht empathized with the businesses and added that Acapulco has done a lot for the community. First and foremost is protecting the beauty of the City. Page 3 of 8 City Council Meeting February 2, 2021 Mr. Turnblad agreed to bring back a slightly revised version with digital signage language as discussed. Mayor Kozlowski will check with Valley Ridge Mall to ask if this solves their problem. The amendment will then be scheduled for a public hearing. STAFF REPORTS Public Works Director Sanders stated that discussions with the Dock Cafe about the Riverbank Restoration and Riverwalk project will result in moving the trail back to its original location closer to the river. It is hoped the project may still be done by March 2022. Because of some of the constrictions on the project, the tree removals will be done by March 15. He reported that the Lowell Park restrooms are now heated and open until 8 p.m. every day. Jason Grode, the new Parks Superintendent, will begin February 22. Fire Chief Glaser informed the Council that personnel rescued a deer out of South Twin Lake. There was a chemical incident at Stillwater Mills necessitating evacuation. There were no injuries. Fire Department COVID vaccines are complete. There are three new paid on -call firefighters with more coming soon to replace retiring personnel. City Clerk Wolf stated Boards and Commissions training took place on January 28. City Attorney Land noted the upcoming Council Training session February 4. City Administrator McCarty reported that staff has met with Curling Center representatives and will bring back a formal proposal for the Council to review in another month. The City Hall boiler replacement project is half done. An Economic Development analysis is being done by Dr. Craig Waldren to be presented to the Council in April. The Ameresco Energy Project has begun and bids are going out to local lending institutions. Library Director Troendle stated that telescope kits are now available for check-out. A community survey is being conducted regarding the library's event wing. RECESS Mayor Kozlowski recessed the meeting at 6:07 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order via Zoom at 7:01 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf Community Development Director Turnblad Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Assistant City Engineer Abdullah Page 4 of 8 City Council Meeting February 2, 2021 PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Proclamation - Girls Softball Coach Bob Beedle Mayor Kozlowski and the Council recognized Bob Beedle on his retirement as head coach of the Stillwater Area High School Girls Softball Program for 15 seasons. Certificates of Appreciation - Stillwater Fat Bice Rally Organizers Sara Jespersen and Mike Lyner Mayor Kozlowski praised the organizers of the Stillwater Fat Bike Rally event. Mr. Lyner and Ms. Jespersen asked that Jenny Wilcox be recognized also. OPEN FORUM There were no public comments. STAFF REPORTS (CONT.) Police Chief Mueller gave his staff report: The City averages one significant mental health crisis call per day; A string of motor vehicle thefts was resolved in collaboration with Washington County; A language line is in place to help non-English speaking victims; Race and Equity Training will be done soon; and Social media interaction between police and residents is going well. He shared upcoming cold weather cautions and provided the number for Washington County homeless outreach. CONSENT AGENDA January 19, 2021 regular meeting minutes Payment of Bills Resolution 2021-018, Approving the 2021-2022 Labor Agreement between the City of Stillwater and International Union of Operating Engineers Local No. 49 Resolution 2021-019, approval of agreement with HKGi Resolution 2021-020, A Resolution Authorizing the City of Stillwater to Declare and Dispose of Surplus Equipment According to law License to Use Lily Lake Park for Household Hazardous Waste Collection Day Resolution 2021-021, Resolution Granting License to Stillwater Trolley for the Operation of Trolley Tours on City Streets Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case 2020-60, request by Joel Hauck and 200 Chestnut Partners. LLC, for a Conditional Use Permit and associated variances for a residential building in the Central Business Height Overlay Historic District at 200 Chestnut St E. Mayor Kozlowski announced the public hearing is being postponed to March 2, 2021. Page 5 of 8 City Council Meeting February 2, 2021 UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Washington County's State Funding Support Request for CSAH 5/Brown's Creek Trail Connection Project City Administrator McCarty reported that Washington County is seeking $3 million in state funding to construct a trailhead and trail connections from County State Aid Highway (CSAH) 5 (Stonebridge Trail) to the Browns Creek State Trail. The total cost of the improvements is estimated to be $7 million. It is expected that the County and City will provide $4 million, with the remaining $3 million from state funds. Mayor Kozlowski thanked Commissioner Kriesel and Washington County staff for their collaboration. Washington County Commissioner Kriesel emphasized the importance of the project, which is one of the County's top legislative requests. He also voiced appreciation for City support in the Manning Avenue interchange funding request. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2021-022, Resolution Supporting Washington County State Funding Request for CSAH 5 and Browns Creek Trail Connection Project. All in favor. 2021 Street Improvement Project Feasibility Report Assistant Public Works Director Abdullah presented the feasibility report. There are 4.66 miles of streets proposed for improvements: 3.4 miles of mill and overlay, 0.51 miles of partial pavement reconstruction, and 0.75 miles of full pavement reconstruction. The total estimated cost is $2,137,189. Funding will be through assessments and permanent improvement bonds. A few properties were appraised at random to compare the estimated assessment to the appraised benefit. Since the project is cost-effective and feasible from an engineering standpoint, it is recommended that Council accept the feasibility report and order a public hearing to be held on February 16, 2021. Construction would occur May - October 2021. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2021-023, Resolution Receiving Report and Calling Hearing on 2021 Street Project (Project 2021-02). All in favor. Tax Abatemment/TIF Committee for Lakeview Hospital Development Community Development Director Turnblad stated that a Tax Abatement Committee was formed for the purposes of conducting background work and formulating a recommendation for the Central Commons tax abatement request. Subsequently, the need has arisen for consideration of tax abatement and/or TIF aspects of the Lakeview Hospital development site. The Council is asked to consider extending the responsibilities of the committee to include review and recommendations for the Lakeview Hospital site. Council consensus was that the Tax Abatement Committee's responsibilities should include review and recommendations for the Lakeview Hospital site. Page 6 of 8 City Council Meeting February 2, 2021 Covid-19 Refund of Liquor License Fees City Clerk Wolf reminded the Council that in May 2020, the Council provided a partial refund of fees to businesses with an on -sale liquor license, due to the closure of businesses as a result of the COVID-19 Pandemic. In November 2020, businesses were once again required to close due to the Pandemic and on -sale liquor businesses were unable to fully use their liquor license from November 21 through January 11, 2021 (a total of 7 weeks). Refunding either one month or two months of liquor license fees is proposed. Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to approve the refund of two months of liquor license fees. All in favor. Accounting Specialist Position Change Request Finance Director Provos explained that the Accounting Specialist position does Utility Billing and is a back-up for the Payroll and Accounts Payable functions within the Finance Department. Both functions are experiencing increases due to Water Department integration. With the current vacancy in the Assistant Finance Director position, the Accounting Specialist position will perform some of those job duties until the vacancy is filled. This position will also assist with the integration of the Water Department billing into the City's utility billing software. Therefore the 0.75 FTE Accounting Specialist is being requested to change to a 1.0 FTE Accounting Specialist as of February 7, 2021. The additional 2021 position cost (1.0 FTE) would be $17,536. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2021-024, Resolution Approving Change in Accounting Specialist Position from 0.75 to 1.0 Full Time Equivalent (FTE) Status. All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna thanked the Clerk's office staff for their hard work. CLOSED SESSION Motion by Councilmember Collins, seconded by Councilmember Polehna, to adjourn to closed session, pursuant to Minn. Stat. §13D.05, Subd. 3(b) for confidential attorney -client discussions regarding pending litigation in the eminent domain matter City of Stillwater v. John M. Ustipak, et al. All in favor. The meeting was adjourned to closed session at 7:53 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht and Polehna Also present: City Administrator McCarty, City Attorney Mikael, Public Works Director Sanders. Motion by Councilmember Collins, seconded by Councilmember Junker, to reopen the meeting. All in favor. The meeting was reopened at 8:03 p.m. ADJOURNMENT Page 7 of 8 City Council Meeting February 2, 2021 Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourn at 8:04 p.m. ozlowski, Mayor ATTES / 7 Beth Wolf, City Clerk Resolution 2021-018, Approving the 2021-2022 Labor Agreement between the City of Stillwater and International Union of Operating Engineers Local No. 49 Resolution 2021-019, Approval of agreement with HKGi Resolution 2021-020, A Resolution Authorizing the City of Stillwater to Declare and Dispose of Surplus Equipment According to law Resolution 2021-021, Resolution Granting License to Stillwater Trolley for the Operation of Trolley Tours on City Streets Resolution 2021-022, Resolution Supporting Washington County State Funding Request for CSAH 5 and Browns Creek Trail Connection Project Resolution 2021-023, Resolution Receiving Report and Calling Hearing on 2021 Street Project (Project 2021-02) Resolution 2021-024, Resolution Approving Change in Accounting Specialist Position from 0.75 to 1.0 Full Time Equivalent (FTE) Status Page 8 of 8