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HomeMy WebLinkAbout2021-06-01 CC MINThe Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES June 1, 2021 REGULAR MEETING Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Polehna Absent: Councilmember Odebrecht 4:30 P.M. Staff present: City Administrator McCarty City Clerk Wolf City Attorney Land City Planner/Interim Community Development Director Wittman Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Library Director Troendle OTHER BUSINESS Washington County Hwy 36 Transit Study Presentation with Joe Ayers Johnson Emily Jorgensen, Project Manager for the Highway 36 Corridor Transit Feasibility Study, and Joe Ayers -Johnson, Assistant Project Manager, provided a presentation on the study. Mr. Ayers -Johnson explained that Washington County, in collaboration with Ramsey County, Hennepin County, Minnesota Department of Transportation (MnDOT), and the Metropolitan Council, studied the potential for transit improvements in the Highway 36 corridor between Stillwater, Oak Park Heights, Bayport, and downtown Minneapolis. The purpose of the study was to identify transit service needs and recommendations that are reflective of the Highway 36 corridor's existing and anticipated future travel demands and patterns; and to consider transit and complementary facilities to improve travel options and provide alternatives to highway congestion for Washington, Ramsey, and Hennepin County residents, businesses, and visitors. Public engagement was gathered by virtual meetings, distribution of digital content, and a questionnaire. 90% of respondents are not current transit riders, but 73% of respondents are interested in taking transit within the study area. Bus rapid transit, express bus, local express bus, and on -demand public transit were the types of transit service studied. The study concludes that transit between Minneapolis and Stillwater along the Highway 36 corridor is feasible. Ms. Jorgensen reviewed the recommendations for immediate -term, near -term and medium - term. Councilmember Junker asked if statistics are available pre-COVID, regarding Stillwater residents who used Metro Transit from Stillwater westward; and Ms. Jorgensen replied that staff are gathering statistics and are also working with Metro Transit to think about express City Council Meeting June 1, 2021 routes to downtown Minneapolis and downtown St. Paul that do not amble around so much. She can provide pre -pandemic ridership numbers. Mayor Kozlowski stated there is definitely a need for transit improvements. He and Councilmember Collins voiced support for the efforts. Councilmember Polehna thanked Washington County Commissioner Gary Kriesel for keeping Stillwater on the map in this study. He encouraged the study leaders to call Jim Kolb who used to run Valley Transit service in Stillwater. Washington County Commissioner Kriesel thanked the City for its cooperative efforts. Stillwater Library Events Task Force Update Library Director Troendle reported that the Stillwater Public Library Board of Trustees Events Task Force has been meeting monthly to examine the future of private and community events on the terrace and in the meeting room wing. He brought the Council up to date on the work of the Events Task Force so far, including survey results and the true cost of event rentals. Events netted income of $20,000 in 2016 and $40,000 in 2018, however if in-house coordinators at the time had been paid a market -rate wage, there would have been a net zero income for events. The Library's special events were not profitable in 2019 or 2020. The bottom line is that generating revenue from special events beyond covering costs is uncertain and special events may actually cost the Library money. Without support from the Library Foundation, weddings could not have continued as they have. He reviewed a sustainability matrix looking at how five categories of event use impact four areas of cost. The next steps for the Task Force are: incorporate feedback from the Library Board and City Council and continue discussions with the goal of presenting two draft proposals in August for review, and to present final proposals for Board action in October 2021. Councilmember Junker stated he was on the Council in 2003/2004 when ground was broken for the Library expansion, with the expectation that space would be a revenue generator. Now 15 years later, the result appears to be almost a 180 degree turn from the initial thoughts in 2003/2004; and Mr. Troendle responded that he thinks the expectation of events generating revenue was a good faith assumption at the time, but in reality it has not worked out as anticipated. Mayor Kozlowski remarked it is not surprising to him. He does not see libraries as being revenue sources. They are a public space. He feels the wedding business is too complex to make money, although trying to generate some revenue to offset programs makes good sense. Other events are more straightforward than weddings. Councilmember Polehna noted that he too was on the Council when the Library expansion was built. He recalled the previous Library Director telling the Council that the events likely would not make more than $20,000/year, and yet the Historic Courthouse was making $120-140,000 a year hosting events, so he knew there was potential there. The Council asked the Library to come up with a revenue stream so part of it may be blamed on the Council. It is good to look now at what events actually cost. Councilmember Junker added that back in 2003, the City did not have the event centers that are now downtown. The thought of blending the beautiful Library venue with events was very logical at the time. Page 2 of 11 City Council Meeting June 1, 2021 Mr. Troendle indicated he does not think there is any fault or blame. It was worth trying and he is just sharing the results of what happened over the years. Parking Mitigation Policy Discussion City Planner Wittman stated that the Downtown Parking Commission (DTPC) has been re- considering its policy for reviewing projects that have parking deficits. Since 1999 the Commission has been operating under an informal policy, and with the recent apartment building proposal on Chestnut Street, there has been a desire to formalize the policy. She reviewed the proposed policy in detail. Mayor Kozlowski asked if increasing the $10 monthly parking permit fee was considered; and Councilmember Junker answered that the DTPC was focused on residential mitigation (because of the 200 Chestnut project). The DTPC decided not to change the formulas to determine how many parking spaces are needed for residential - it is 1.5 spaces per residential unit. The formula is not in the proposed resolution. Ms. Wittman responded that the resolution can point to the zoning code section that would include the calculation. City Attorney Land advised against including the formula in the resolution because it may change over time. Councilmember Junker noted the proposed language requiring those projects that are short parking spaces to pay a mitigation fee of $20,000 per parking space, paid up front before building permits could be issued. Mayor Kozlowski asked, if that language is added as part of the ordinance, would the Council still be able to negotiate the parking mitigation fee as part of a TIF agreement or paid over time; and Ms. Land recommended that the language be in the policy, but not the resolution, so that it could be used as a negotiating tool in the development agreement. Mayor Kozlowski suggested looking at charging every business that does not provide its own parking. He feels that currently, residents are essentially footing the bill. Councilmember Polehna agreed, adding that for businesses that are grandfathered in, $10/month is quite low. He also feels there should be a dedicated parking ramp fund for parking mitigation fees. Councilmember Junker reminded the Council that the whole mitigation policy is predicated on the assumption that once the City hits 20% of all general parking downtown, the parking mitigation will be maxed out. At that point the City will either have to increase 20% to 30%, or find more spaces. Ms. Wittman stated she will work with City Attorney Land to capture more flexibility with negotiation, and explore applying business mitigation fees to all businesses. Self -Propelled Devices Ordinance draft City Attorney Land reviewed a proposed ordinance that states that non -motorized moving devices (bicycles excluded) must be operated safely, not interfering with traffic, people, and must yield to motor vehicles. The ordinance is up for first reading tonight. Changes may be made for the second reading. Page 3 of 11 City Council Meeting June 1, 2021 Mayor Kozlowski stated he sees skateboarders downtown every day. The current prohibition of skateboarding applies to all the skateboarders who are doing nothing wrong, causing no problems. If the ordinance addresses unsafe behavior, that will make it easier for the Police Department to deal with the people who are causing problems rather than penalizing everyone. Councilmember Junker commented as a resident downtown, a City Councilmember and former downtown bank manager, he dealt with this issue for years. The biggest attraction now is the plaza where skateboards get in the way of walkers and bikers, sometimes circling for hours, with skateboards flying out from under them, dragging their plywood there, creating jumps and making it unsafe for pedestrians and bikers. Mayor Kozlowski commented that this ordinance would prohibit all that; and Councilmember Junker answered no, it would not. He has watched and seen the same kids still on the plaza skateboarding for hours, despite the fact the City created a skateboard park for them. There is a petition circulating about issues with skateboarders on the plaza. Mayor Kozlowskiresponded that the skateboard park is useless. Councilmember Polehna noted the City spent $40-60,000 on equipment 14 years ago for the skateboard park. It might be getting outdated and need some work, but downtown cannot be the playground for everybody. Bike racks have been torn out of the cement to build jumps down there. The ordinance was enacted years ago at the request of the businesses. Mayor Kozlowski acknowledged the corridor by the bridge is problematic for bikes, walkers, everyone. He does not like punishing perfectly well behaved, law abiding kids who are there with their parents. Prohibiting and punishing behavior that damages public or private property, or that endangers anyone else is fine, but a delivery service person or 7 yr. old with parents should not be considered to be breaking the law. Councilmember Junker suggested prohibiting skateboarding on the plaza. Mayor Kozlowski suggested putting a few low cement cost curb stops around town to give the skateboarders places to jump. He would like to hear from businesses too but that does not prevent the Council from adopting the first reading to let the good kids do what they want to do without damaging anything. Councilmember Polehna remarked the ordinance should not be adopted without talking to businesses downtown. He has received a lot of complaints about items being destroyed downtown. The ordinance is not ready for a first reading. STAFF REPORTS Public Works Director Sanders stated all permits for the river walk and river stabilization project have been received. The trail by the Dock Cafe was moved about 15 feet closer to the river, saving all the trees along the Dock Cafe property and eliminating a lot of the Dock Cafe concerns. Plans and specs for this project will be brought to the next meeting for approval in anticipation of most of the work being done by March 2022. The Rec Center parking lot was paved last week. Fourth Street got the final lift of asphalt. Pioneer Park stairs will be closed for a month during construction of the handrail. The Neal Avenue trail will be finished shortly. Page 4of11 City Council Meeting June 1, 2021 Police Chief Mueller informed the Council that the Brooklyn Center case has been transferred from County Attorney Orput to the Attorney General's office. During the June 7 protests there were no injuries, charges or damage reports. There are now downtown patrol officers assigned. The Stillwater Area High School parade will be this Saturday. In response to the increase in catalytic converter thefts, there will be a catalytic converter marking event June 19. Parking enforcement in pay lots and the ramp began June 1. Fire Chief Glaser stated the Department has started 150th anniversary planning for next year. There are openings for paid on -call staff. Interim Community Development Director Wittman stated the second round of interviews for building inspector is starting. Zoning enforcement is ramping up. The Council commended Zoning Administrator Graham Tait for his enforcement efforts. City Administrator McCarty reminded the Council of the strategic planning session in July. The budget bonding process and the City's 2022 budget process will start soon. Library Director Troendle informed the Council that expanded operating hours began today. The summer reading program will run June 5-August 7. He thanked Public Works staff for assistance with the Story Stroll in Pioneer Park June 5-17. RECESS Mayor Kozlowski recessed the meeting at 6:33 p.m. RECESSED 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 McCarty City Clerk Wolf City Attorney Land City Planner/Interim Community Development Director Wittman 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 - Julie Kink Mayor Kozlowski presented City Recording Secretary Julie Kink with a proclamation acknowledging her Stillwater Area High School Distinguished Alumni Award, and volunteering with Family Contacts Committee, Vietnam Gold Star families, and HOPE Adoption and Family Services. Page 5 of 11 City Council Meeting June 1, 2021 Proclamation - Len Nelson Mayor Kozlowski read a Proclamation recognizing grocer Len Nelson, Len's Family Foods, for his community spirit and service. Proclamation - Wally Abrahamson Mayor Kozlowski read a proclamation honoring Wally Abrahamson for his service to the City as Police Chief and then Mayor, and County Commissioner. Mr. Abrahamson's son Les Abrahamson thanked the Mayor and Council for the recognition. Letter of Appreciation for Officers Crist. McBroom. and Tennessen for their assistance in rendering medical aid to a Sheriff's Deputy Sheriff Dan Starry voiced gratitude for the Police Department staff. On May 17 one of the Sheriff deputies was transporting an individual to jail, when he had a medical emergency as a result of fentanyl exposure, and called for assistance. The deputy fully recovered thanks to the fast actions of the three officers. OPEN FORUM There were no public comments. CONSENT AGENDA May 4, 2021 Regular and Recessed meeting minutes May 18, 2021 Regular meeting minutes Payment of Bills Resolution 2021-075, Resolution Adopting Written Statement of Reasons for Denial Pursuant to Minnesota Statutes, § 15.99, Subd. 2, for a Building Demolition Permit Application for the Property at 304 Hazel Street East and for Remanding the Applicant Request, HPC Case No. 2021-10 Advanced Disposal Solid Waste, Recycling and Roll -off Hauler License Financial Audit Contract with CliftonLarsonAllen Lloyd Construction Services, Recycling and Roll -off Hauler License Market Place Lift Station Improvement Project Possible Purchase 2022 Ford 550 - Public Works Resolution 2021-076, Resolution Approving the Agreement Between the Washington Conservation District and the City of Stillwater for Raingardens Maintenance Agreement Settlement Agreement for 2019-08 Neal Avenue Improvement Project Resolution 2021-077, Resolution Supporting Sustainable Stillwater MN's Greater Stillwater Area Green Business Directory Temporary Liquor License Mamma Mia Event Zephyr Theatre's Broadway by the Bridge: Mamma Mia! Event Certified Crime Fighter Agreement Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt the Consent Agenda. All in favor. Page 6 of 11 City Council Meeting June 1, 2021 PUBLIC HEARINGS CPC Case No. 2021-28: request by Mr. Jan Niemiec, applicant and Susan Eskierka. property owner. for the consideration of a Rezoning and Resubdivision for a new development Property located at 7959 Neal Ave N. City Planner Wittman stated that the applicants would like to split this 2.33-acre lot into two lots. The resubdivision requires rezoning the property. The applicant is requesting: 1) a Zoning Map Amendment to rezone the property from AP (Agricultural Preservation) to RA (One -Family Residential); and 2) Resubdivision of Lot 2, Block 1, Trolley Trail Acres. Staff finds that, with certain conditions, the request conforms to the standards set forth in City Code. Staff recommends approving the Resubdivision and first reading of the Zoning Map Amendment. 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 Resolution 2021-078, a Resolution Approving the Resubdivision of Lot 2, Block 1, Trolley Trail Acres, Case No. 2021-28 and to adopt first reading of an Ordinance Amending the Stillwater City Code Section 31-300 Entitled Establishment of Districts by Rezoning 2.33 Acres to RA: One - Family Residential, Case No. 2021-28. All in favor. On the request of Central Commons, LLC. in connection with the development of property as a mixed use Planned Unit ❑evelopment project over several phases located in the City. and to grant an abatement to property taxes to be Levied by the City. City Administrator McCarty stated that staff requests the City Council to hold the required public hearing on the tax abatement request of Central Commons, LLC, then recommends tabling the Resolution until June 15 so it can be approved together with the Development Agreement, Tax Abatement Agreement involving $3.144 million, and Assessment Agreement. City Attorney Land clarified the public hearing is for both the tax abatement and the business subsidy. Both relate to the same dollar amount, it just fits two categories requiring a public hearing. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Councilmember Polehna pointed out this is not a subsidy to a business per se, it is a subsidy to the development for extraordinary infrastructure costs. Councilmember Junker acknowledged the agreements are the result of countless hours of discussion between the committee, developer, and City staff. He recognized all who participated in the process. Motion by Councilmember Collins, seconded by Councilmember Polehna, to table action on the request by Central Commons, LLC, for an abatement to property taxes and business subsidy until June 15. All in favor. Page 7 of 11 City Council Meeting June 1, 2021 UNFINISHED BUSINESS 4th of July Event Update Mr. McCarty stated that planning for Stillwater's 2021 July 4th Celebration with activities similar to past years' events is well underway. Staff has been able to get commitments from previous years' music and entertainment providers at costs similar to previous years and within the approved 2021 Special Events budget. Confirmed events are: St Croix Jazz Orchestra concert in Pioneer Park from 7-9 p.m.; Battery I, 1st US Artillery on Mulberry Point with civil war cannon demonstrations; BAM! Productions will be bringing two bands to the Amphitheater in Lowell Park from approximately 5:30 - 9:45 p.m. Councilmember Polehna stated he is still working on trying to get a flyover and a Blackhawk to land in the park. Instead of using the stage like in the past, he suggested the music be performed on the plaza. He recommended Water Street be shut down that night. Council consensus was in agreement. NEW BUSINESS Zephyr Theatre 2021 Summer Event Series Permit Interim Community Development Director Wittman explained that in April of this year, the City Council received a temporary Outside Seating Area permit application from the Zephyr Theatre to conduct outside performances in their parking lot this summer. As the Theatre's request included outside amplification, the Council denied the request on the basis the temporary OSA program does not allow for outside amplification. The Council advised an amendment to the Theatre's Conditional/Special Use Permit request is required for Outside Events held on private land in the Central Business District. Given the potential amendment is for outside performances with amplified sound, and the City has fielded complaints regarding this use, staff does not recommend Use Permit modification approval to the City Planning Commission. Staff advised the Theatre that submittal of a standard Event Permit application may be the only option at this time. City Code advises the City Council may "approve one-time special event not occurring on a regular basis" in the Central Business District. As such, the Theatre has requested approval of an event series to be held in their parking lot 18 times a month from May through October, 2021. As noted in their request letter, this would enable the Theatre to continue operations while occupancy restrictions are in place. Comments were received from a number of neighbors, some in support, some against the request. Staff recommends that the Council approve a modified outdoor event series for no greater than ten events for 2021 and for no greater than one performance in a single week. Calyssa Hall, Executive Director of the Zephyr Theatre, stated last year they held 42 events outdoors in their parking lot and found that augmenting the business practice provided a sustainable income stream. They feel this concert series is an entry point for many in the community who otherwise would not come to the Theatre. They are investing in more sound mitigation equipment and need more than 10 events per year to justify the investment. They plan to follow all noise restrictions and end by 10 p.m. They plan to pay the parking mitigation fee recommended by the DTPC for the entire parking lot. Most events will likely have under 200 guests, but they would like the ability to have a larger capacity. Page 8 of 11 City Council Meeting June 1, 2021 Councilmember Junker asked if they seated 200, would any parking still be available; and Ms. Hall answered that 250 people, social distanced, would occupy only the north portion of the parking lot, leaving half the parking spaces. Councilmember Collins inquired how many shows must they do per month to make the investment in the speaker system worthwhile; and Ms. Hall replied 10-12. 18 is the ideal number. As a nonprofit they do not rely on ticket sales alone so they need to augment their revenue streams to keep ticket prices accessible. Councilmember Odebrecht stated he understands the engineering of the sound system is a fairly significant investment; and Ms. Hall confirmed, adding that they will modify the sound as needed. Mayor Kozlowski remarked he is fine with the request as submitted. This is a nonprofit that provides the community with a unique service. He mentioned a concern about garbage around the building shown in pictures submitted by a neighbor; and Ms. Hall respdonded that they are working with the Brown's Creek Trail Association on a sculpture garden and are cleaning up the north end after doing building renovations. Councilmember Odebrecht reminded the Council this is not the only live music downtown. He asked the Theatre to explain their efforts to work with nearby residents; and Jessica Thienes, Development Director for The Zephyr Theatre, replied that doing inside events continues to be part of their plan, however being able to do these outdoor concert s and performances allows them to fulfill their mission of providing arts access to every person in the community. They are developing relationships with sponsors and donors through diversified programming that is approachable for many demographics. Councilmember Junker asked if the long range goal and mission are still to build a 330 seat indoor auditorium; and Ms. Hall answered yes, they want to set up specific advisory councils with their neighbors to the west and the south to resolve issues right away. Councilmember Polehna commented he was more concerned about motorcycle noise than noise from the performances. The Theatre is bringing the arts to the public. Mayor Kozlowski encouraged the Theatre to use the City stages in Pioneer Park and Lowell Park as much as possible also. He would love to see more Shakespeare in the Park. Councilmember Collins thanked the Theatre for the educational outreach they are doing for the community. Councilmember Junker commended the Theatre on working with as many businesses and residents as possible. Mayor Kozlowski pointed out this is a permit so it may be revoked if it is found to disrupt the neighborhood significantly. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to approve the outdoor event series for 18 performances per month. All in favor. Joe Sacharoski, 650 Main, Terra Springs, stated he supports what the Zephyr Theatre is trying to accomplish, but living in close proximity to what was done last year, some (not all) of the musical events were extremely unpleasant and not all ended at 10 p.m. He suggested the musicians themselves also not use their amplifiers to reduce the unpleasantness of some Page 9 of 11 City Council Meeting June 1, 2021 of the sound. Councilmembers encouraged Mr. Sacharoski to join one of the Theatre's advisory boards. Self-propelled ❑evice Ordinance Mayor Kozlowski explained this is basically a law that does not prohibit any self-propelled device, but says if operated in an unsafe manner it is not allowed. It does not specifically prohibit skateboards. The Council needs to look further at some areas where it does not want any self-propelled devices, for example the plaza at the end of the bridge. He also would like to look at purchasing curb stops specifically for their use. The ordinance is not ready for first reading. He also wants to reach out to the Chamber and business owners for feedback. City Attorney Land stated she will bring the ordinance back with revisions based on the Council's input. Councilmember Polehna stated maybe a committee of skateboarders and parents should be formed to work on rebuilding the skateboard park at Lily Lake. COUNCIL REQUEST ITEMS There were no Council Requests. CLOSED SESSION Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adjourn to closed session pursuant to Minn. Stat. §13D.05, subd. 3(d), for the Council to discuss emergency response procedures and recommendations regarding public services, infrastructure and facilities. It is determined by the Council that such disclosure of the information discussed would pose a danger to public safety or compromise security procedures or responses. All in favor. The meeting was adjourned to closed session at 8:15 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht and Polehna Also present: City Administrator McCarty, City Attorney Land, Police Chief Mueller Motion by Councilmember Junker, seconded by Councilmember Collins, to reopen the meeting. All in favor. The meeting was reopened at 8:36 p.m. ADJOURNMENT Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourn at 9:37 p.m. ATTEST: Beth Wolf, City Cler� kg--; Ted Kozlowski, Mayor Page 10 of 11 City Council Meeting June 1, 2021 Resolution 2021-075, Resolution Adopting Written Statement of Reasons for Denial Pursuant to Minnesota Statutes, § 15.99, Subd. 2, for a Building Demolition Permit Application for the Property at 304 Hazel Street East and for Remanding the Applicant Request, HPC Case No. 2021-10 Resolution 2021-076, Resolution Approving the Agreement Between the Washington Conservation District and the City of Stillwater for Raingardens Maintenance Agreement Resolution 2021-077, Resolution Supporting Sustainable Stillwater MN's Greater Stillwater Area Green Business Directory Resolution 2021-078, a Resolution Approving the Resubdivision of Lot 2, Block 1, Trolley Trail Acres, Case No. 2021-28 Page 11 of 11