HomeMy WebLinkAbout2024-02-28 CPC Agenda Packet
216 4th Street N, Stillwater, MN 55082
651-430-8800
www.stillwatermn.gov
AGENDA
PLANNING COMMISSION MEETING
February 28, 2024
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES
1. Possible approval of December 20, 2023 regular meeting minutes.
IV. OPEN FORUM - Open Forum allows the public to address subjects which are not a part
of the meeting agenda. The Chairperson may reply at the time of the statement or give
direction to staff. Please limit your comments to 5 minutes or less.
V. CONSENT AGENDA (ROLL CALL) – these items are considered to be routine by the
Planning Commission and will be enacted by one motion. Anyone may request an item
to be removed from the consent agenda and considered separately.
VI. UNFINISHED BUSINESS
VII. PUBLIC HEARINGS - Members of the public who wish to speak will be given 5 minutes
and will be requested to step forward to the podium and must state their name and
address.
2. Case No. CD 2024-008: Conditional Use Permit for CBD Retail Establishment –
Intoxicating located at 1300 Frontage Rd W; Case of KMH Retail, Inc. – Motion to
Continue Public Hearing to March 27, 2024
VIII. DISCUSSION
3. Recodification Project Update (Staff Reviewer: Tim Gladhill,
tgladhill@stillwatermn.gov, 651-430-8821)
4. Comprehensive Zoning Code Amendment Update (Staff Reviewer: Ben Gutknecht,
bgutknecht@stillwatermn.gov, 651-430-8818)
5. Review Natural Resources Chapter of Comprehensive Plan and Steep Slope
Ordinance Purpose (Staff Reviewer: Ben Gutknecht, bgutknecht@stillwatermn.gov,
651-430-8818) – No Packet Materials
IX. FYI – STAFF UPDATES
6. Residential Economic Stability Initiative Update (Councilmember Odebrecht)
X. ADJOURNMENT
PLANNING COMMISSION MEETING MINUTES
December 20, 2023
REGULAR MEETING 7:00 P.M.
Chairman Dybvig called the meeting to order at 7:00 p.m.
Present: Chairman Dybvig, Commissioners Cox, Hoffman (remotely), Steinwall, Swanson
Absent: Councilmember Odebrecht and Commissioner North
Staff: Planning Manager Gutknecht
APPROVAL OF MINUTES
Possible approval of minutes of November 15, 2023 regular meeting
Motion by Commissioner Cox, seconded by Commissioner Swanson, to approve the minutes of the
November 15, 2023 meeting. All in favor.
OPEN FORUM
Lizzie Harris, 1220 Owens Street, encouraged the Commission to keep in mind the walkability
of neighborhoods as projects are considered and zoning codes are updated.
CONSENT AGENDA
There were no items on the Consent Agenda.
UNFINISHED BUSINESS
There was no unfinished business.
PUBLIC HEARINGS
Case No. CD2023-59: Variance for New Single-Family Dwelling located at a Vacant lot off of First
Street North
Planning Manager Gutknecht reviewed the case. The applicants, Jody and Jim Herzog, are
requesting a Variance to the steep slope setback requirements to facilitate construction of a
new single-family dwelling at 916 1st Street North. The property is a vacant, 15,052 square
foot lot with mature tree coverage and a steep grade change near the midpoint. The Heritage
Preservation Commission (HPC) approved the design. Staff believes that the variance request
meets the practical difficulty test and recommends approval.
Chairman Dybvig opened the public hearing.
Tom O’Brien, 904 1st Street North, asked if the variance will bring the house closer to the
southern border, and Mr. Dybvig replied no, it is a variance to build on the slope. Other
setbacks around the building will be complied with.
Mr. O’Brien said four years ago, he corrected water drainage issues by installing rebar in
concrete blocks on the northwest corner of his house, creating a slope and adding gutters, and
now has no problems. He asked if disturbance of the hillside will create a river to his house.
Planning Commission December 20, 2023
Page 2 of 4
Mr. Gutknecht pointed out that the conditions of approval require a soil engineer’s report and
a drainage engineer’s report prior to issuance of a building permit.
Chairman Dybvig closed the public hearing.
Motion by Commissioner Cox, seconded by Commissioner Hoffman, to adopt Resolution PC
2023-30, Resolution Approving a Variance Request to Construct a New Single-Family Dwelling on
a Steep Slope Greater than 24% at 916 First Street North (Case Number 2023-59) with the five
conditions recommended (included in the Resolution).
Commissioner Steinwall pointed out that the Planning Commission is required to consider
whether the variance is in harmony with the general purpose and intent of the ordinance (the
steep slope ordinance) and whether it is consistent with the Comprehensive Plan. She believes
that neither of those conditions is met. The general purpose and intent of the ordinance is to
preserve steep slopes for erosion control and stormwater control. In this case, much of the
steep slope would be eliminated. Secondly, the Comprehensive Plan in its environmental
regulations states that steep slopes are an environmental resource to be preserved. She
believes the practical difficulty test is not met, and economic considerations are playing a part
in this decision because this is a vacant lot and the proposal is to build a house, where other
more expensive alternatives aren’t being considered. She is very concerned that the direction
in the statute is not being followed.
Commissioner Swanson remarked that the ordinances exist so structures can be built without
putting the public in danger and so green areas can be preserved. He views this project as infill
of an already-developed area. A soils engineer will be required to guide the process so it is
structurally stable and will not have a detrimental effect on the area.
Chairman Dybvig commented that part of the reason for the steep slope ordinance is drainage
but here, there is not a large area that is the steep slope; he believes the Comprehensive Plan
talks more about the larger areas i.e. the ravines. He feels that the engineering study will show
whether the house can be built without having detrimental impacts on neighboring properties.
The lot is not buildable without a variance of one type or another.
Commissioner Cox asked Commissioner Steinwall, what does a steep slope add that would be
taken away, and Commissioner Steinwall answered that she understands that steep slopes are
to be preserved in large part because they can erode very quickly if not cared for. In this case
the slope is heavily wooded and soils are likely being held together with the deeply rooted
vegetation. There are geotechnical issues as well, which are building code considerations. So
there is a dual purpose - public safety and stormwater/erosion issues. The Comprehensive
Plan addresses steep slopes in Chapter 3, the environmental chapter, but the steep slope
ordinance is lumped into zoning. Her concerns are primarily with the statute on variances. She
feels this variance is not in harmony with the purpose of the steep slope ordinance.
Commissioner Swanson said he understands that the setback requirement for steep slopes is
because steep slopes are inherently unstable and to prevent a structure from being built at
risk. He agrees that it does not meet the practical difficulty test, however the requirement for
both engineering reports take that out of the equation. Granting the variance turns it over to a
professional engineer who can assure that the structure will be built appropriately.
Mr. Gutknecht noted that a structure cannot be 30 feet to the shoulder of the slope or to the
edge of the slope, but recently the code has been amended for the toe of the slope, allowing
administrative approval with the required soil engineering reports to address any of the
structural concerns.
Planning Commission December 20, 2023
Page 3 of 4
Motion passed 4-1 with Commissioner Steinwall voting nay.
Case No. CD2023-65: Final Plat to facilitate lot line reconfiguration, “Grandview Bluff Addition” at
properties 419 2nd St S, 322 Broadway St S, 437 2nd St S, 428 Broadway St S
Planning Manager Gutknecht stated that Brian Brosdahl has applied for a Final Plat to facilitate
the reconfiguration of four existing lots. Due to the complexity of the lot line configuration
involving multiple parcels, easements, torrens/abstract property, the City Attorney has
directed this lot line reconfiguration to be completed as a Plat. All zoning and building code
requirements are met. He added that a Commissioner inquired about the need for a shared
driveway agreement for 419 Second and 322 Broadway. The City Attorney confirmed that a
driveway agreement is required; the records show an existing easement, which the applicant
states is a shared driveway agreement. This is recommended as a condition of approval until it
can be confirmed with the City Attorney. Staff recommends approval of the final plat.
Chairman Dybvig opened the public hearing.
Del Peterson, 1201 West Willard Street, asked for clarification on the intent of the request.
Brian Brosdahl, applicant, replied that the only reason this is being done is to create backyards
for two of the existing houses. There is no construction planned.
Chairman Dybvig closed the public hearing.
Motion by Commissioner Swanson, seconded by Commissioner Hoffman, to adopt Resolution PC
2023-29, Resolution Approving a Preliminary and Final Plat for Grandview Bluff Addition (Case
Number CD2023-65) with the two conditions recommended by staff (included in the Resolution).
Commissioner Swanson amended the motion to clarify that the Planning Commission is approving
the Preliminary Plat and recommending that the City Council approve the Final Plat, and
Commissioner Hoffman as the seconder, agreed. All in favor.
NEW BUSINESS
There was no new business.
DISCUSSION
There were no discussion items.
FYI STAFF UPDATES
Affordable Housing Policy Work Plan Update
The update was postponed until Councilmember Odebrecht is present.
ADJOURNMENT
Chairman Dybvig adjourned the meeting at 7:59 p.m.
John Dybvig, Chair
ATTEST:
______________
Ben Gutknecht, Planning Manager
Planning Commission December 20, 2023
Page 4 of 4
Resolution PC 2023-29, Resolution Approving a Preliminary and Final Plat for Grandview
Bluff Addition (Case Number CD2023-65)
Resolution PC 2023-30, Resolution Approving a Variance Request to Construct a New
Single-Family Dwelling on a Steep Slope Greater than 24% at 916 First Street North
(Case Number 2023-59)
DATE: February 28, 2024
TO: Honorable Chair and Planning Commissioners
FROM: Tim Gladhill, Community Development Director
SUBJECT: Update on City Code Recodification Project
BACKGROUND
The intent of this Staff Report is to update the Planning Commission on the final steps of
the ongoing recodification of the City Code. Over the past year City Staff and Council
have been working to review and update the City Code, not to be confused with the
Zoning Code. These updates were largely administrative and process orientated in
nature, including things such as updated State Statute references, reorganization to
improve ease of readability, removal of conflicting and outdated language, etc. There
were some policy and process amendments that impact the Planning Commission,
including, but not limited to the following.
• Process Streamlining
o Changed decision-making authority chart to streamline the process and
ensure compliance with 60-day-rule
▪ Planning Commission will now be recommending decisions
pertaining to CUPs to the City Council.
o Eliminated duplicative Public Hearing Requirements not required by
Minnesota Statutes
▪ Commissions will continue to hold required Public Hearing, but the
City Council will not hold a second Public Hearing
o Revised Commission Appeal Process
▪ Public Hearing no longer required
▪ Adjusted timeframe for appeal hearing window
• Terminology update, changing “Special” Use Permit to Conditional Use Permit.
Attached to this report to the Planning Commission is a copy of the City Attorney’s Report
to the City Council. By way of update, at their February 20, 2024 meeting, the City Council
held the First Reading and moved the recodification forward with no changes. The City
Council must still hold the Second Reading prior to formally adopting the recodification of
the City Code, this is anticipated to be completed in early March of 2024.
DATE: February 20, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Kori Land, City Attorney
SUBJECT: 1st Reading City Code
BACKGROUND
Every city should review, analyze and reorganize its City Code every 10 years. Stillwater
had not recodified its City Code in almost 20 years. For more than a year City Staff has
been working diligently to review every word of the City Code and provide suggestions to
improve the Code in terms of uniform formatting, terminology, updating statutory
references, removing provisions that are no longer necessary, reorganizing it so that
sections were appropriately grouped together as well as introducing new ordinances to
better serve the City. The City Council reviewed these changes and suggestions at
monthly workshop meetings and offered its input and modifications.1
Until final adoption, a copy of the new City Code is only available through the City Clerk’s
office. This memo will provide an overview of the changes, paying particular attention to
some of the more significant changes that were made to the Code.2
DISCUSSION
CHAPTER 2: ADMINISTRATION
Added explanations of Regular, Special and Emergency meetings of the City
Council (Ch. 2 Art. II)
Finance: All matters related to finance are found under one section, including:
o Special Assessment Deferral policy into the Code (Sec. 2-120)
o All utility funds (sewer, water, stormwater, street light)
o Special Service Districts (Sec. 2-188)
General Penalties Section: (Ch. 2 Art. VI) Created one uniform penalties section
and deleted all references in the code to penalty provisions within individual
ordinances.
1 It should be noted that during the review process, it was determined that the Zoning Ordinance and
Subdivision Regulations required more time for review than could be accomplished in 2023. While some
amendments to the Zoning Ordinance are included in this recodification, no monumental changes were
made. These sections are budgeted as a revision project for 2024.
2 You will note that the City Code skips chapters, so the only chapters with content are even-numbered.
This reservation of odd-numbered chapters allows the Council to add chapters later as needed.
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CHAPTER 4: ADVISORY BOARDS AND COMMISSIONS
All boards and commission are found under this section with consistency and
uniformity on governance, appointment process and structure, with some
exceptions, such as the Charter Commission.
Each board and commission has a section outlining its unique roles and
responsibilities.
CHAPTER 6: BUSINESSES
General Licensing: (Ch. 6 Art. I) There is a new general licensing section to provide
one central location where all business license applicants can look to find the
process for submission, approvals, suspensions and revocations. There is
uniformity in the insurance, qualifications for approval, and license term, as well as
the ability for the Council to approve a “provisional license” which is a license with
conditions. This new “Provisional License” may include conditions in a mitigation
plan to address any issues that relate to specific business violations, such as a
condition that provides for reduced hours of operation, on-site security or other
restrictions to protect the public health, safety and welfare.
Liquor Penalties: (Sec. 6-81(c)) The liquor penalty section was revised to mirror
the statutory penalty language: “The authority issuing a retail license or permit …
may revoke the license or permit, suspend the license or permit for up to 60 days,
impose a civil penalty of up to $2,000 for each violation, or impose any combination
of these sanctions.” In addition, we are adding a new penalty grid (attached) in the
fee schedule for liquor violations outside of the routine compliance check failures.
The penalty grid allows for the flexibility of the Council to take into account factors
so that the Council can impose a penalty that fits the violations.
Gambling license: Added that 55% of charitable gambling proceeds must be spent
within the city’s designated trade area. (Sec. 6-222)
Added an administrative permit for Buskers and Street Performers (acting,
singing, performing, playing musical instruments, pantomime, juggling, magic,
puppetry, and reciting) that are associated with a specific local business or an
event: (Sec. 6-382)
o Permitted locations:
On applicant’s property
The sidewalk or right-of-way proximate to the business owner.
In controlled public areas where an authorized street fair or public
festival is being conducted, with the written permission of the
sponsor of such fair or festival.
Clarified the locations of food trucks: (Section 6-383)
o An IUP is required for any food vending operation lasting more than 4 days
which terminates if there is a change in ownership of the private property.
o If they are in the downtown district, they are only allowed on private property
of a restaurant or a brewery.
o If they are not in the downtown, they are allowed on private property
o If they are not in the downtown, they are allowed in the street if adjacent to
a consenting property owner as part of a 1-2 day event.
o They require review by HPC if in the downtown for more than 24 hours.
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o There is an exception to all these rules if approved as part of an event
permit.
Added a new license for hotels.3 All hotels will be required to obtain a license that
includes 24-hour contact information for the property manager who must reside in
the 7-county metro area. The licensee will be responsible for maintaining the hotel
pursuant to all State and local building and fire codes, as well as any nuisance
activity of its guests. This allows the City to consider taking actions against a
licensee for any building code violations or nuisance conduct violations, whether it
be converting it to a provisional license, a temporary suspension of the license, or
revocation.
Provided authority for the City Clerk to issue certain licenses/permits
administratively, if no discretion or subjectivity is required (peddlers, seasonal food
vendors, buskers, motion picture production, renewals of STHR, fireworks
vending)
Moved all random licenses that were found throughout the Code so they are all in
this chapter (Adult Use, solid waste haulers, fireworks)
CHAPTER 8: ANIMALS
No dog licenses will be required, except for potentially dangerous and dangerous
dogs
New small animal ordinance (Ch. 8 Art. III)
o Ag or Residential property only that has one or two dwelling units
o Types of Animals and quantities:
5 chickens or ducks (combined)
2 Vietnamese pot-bellied pigs
4 goats if 1 acre+
May have more animals if 5 acre+ and all shelters are 350’ from a
residence on adjacent lot
No bee permits are required but there are performance standards: (Ch.8 Art. IV)
o 2 colonies if lot is less than ½ acre (then 3 extra colonies for every additional
½ acre)
o No limit on colonies if 5 acre+
o Fenced in to deter access
o Sales must comply with home occupation requirements
Chicken permits are still required (no change to chicken/poultry ordinance
requirements) (Sec. 8-56(d))
CHAPTER 10: NUISANCE
No significant changes
CHAPTER 12: OFFENSES
New Weapons ordinance to better define what is prohibited (Sec. 12-47)
New Graffiti ordinance to address the violator, not the property owner (Sec. 12-96)
3 The hotel ordinance is missing from the document that was sent by the codifier, which the codifier is
correcting. (ord. is attached)
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New Curfew ordinance refers to Washington County’s ordinance for ease of
enforcement (Sec. 12-147)
New Social Host Ordinance (Sec. 12-148)
New 3rd Party Gift Card Ordinance (Ch. 12 Art. IX)
CHAPTER 14: PARKS AND RECREATION
Simplified and updated park hours and rules in various parks
CHAPTER 16: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Clarified the responsibility for boulevard trees (Sec. 16-1)
CHAPTER 18: TRAFFIC
Self-Propelled Devices ordinance modified to require the responsible and safe use
of self-propelled devices and removed the prohibition on these devices in the
downtown district. (Sec. 18-24)
New ordinance prohibiting parking in the front yard. (Sec. 18-53(c)) After several
renditions and much discussion, the Council decided to eliminate front yard
parking, unless a permit is issued for limited circumstances (see attached FAQ):
CHAPTER 20: UTILITIES
Clarified that a private water line is defined from the water main to the building
Added sections on water meter testing, failures and valve installation
Clarified that a water connection is required when the property is sold as long as
both sewer and water are available
Added SAC and WAC requirements
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CHAPTER 22: ENVIRONMENT
Moved all environment-related ordinances to this chapter (solid waste & recycling,
tree & forest protection, conservation, slope)
CHAPTER 24: BUILDING AND CONSTRUCTION
Removed unnecessary references to State Laws and Codes
Moved all fees to the Fee Resolution/Ordinance
All construction-related ordinances moved to this chapter (swimming pools,
driveways, grading moving buildings)
CHAPTER 26: SUBDIVISION REGULATIONS
Complete revision coming in 2024
New Park Dedication ordinance moved here and modified
CHAPTER 28: ZONING
Complete revision coming in 2024
Minor changes
o Terminology updates (changed “Special” Use Permits to CUPs)
o Updated zoning use tables
o Added Site Plan Review process
o Eliminated parking deficiency tax
o Changed the decision-making authority chart to streamline the process and
ensure the City does not run afoul of the 60-day-rule
Public Hearing Requirements and Decision-Making Authority
Permits/Action Recommendation Action Appeals Board
Administrative Decisions CDD PC
Conditional use permit PC CC
Certificate of compliance CDD CC
Design permit HPC CC
Heritage Preservation Use Variance PC HPC CC
Interim use permit PC CC
Planned unit development PC CC
Sign design approval
HPC/CDD CC
Sign plan review PC CC
Variance
PC CC
Demolition permit
HPC CC
Zoning ordinance text/map PC CC
ACTION REQUESTED
MOTION TO APPROVE the 1st Reading of the Stillwater City Code
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ATTACHMENTS
Alcohol‐related Civil Penalties Grid
Level 3 – HFLS
$500‐1,000 fine
And/or
5‐10 day suspension
revocation
Level 4 – HFHS or 3 or More
Aggravating Factors
$1,000 ‐2,000 fine
And/or
10‐60 days suspension
revocation
Level 1 ‐ LFLS
Options: Training,
Installation of Alcohol devices,
Video surveillance, security, etc
$0‐500 fine
Level 2 – LFHS
$500‐1,000 fine
And/or
3‐5 day suspension
Key:
Level 1 – LFLS: Low Severity, Low Frequency
Level 2 – LFHS: Low Frequency, High Severity
Level 3 – HFLS: High Frequency, Low Severity
Level 4 – HFHS: High Frequency, High Severity
1. Incident Severity and Frequency – The city department reporting the violation to the City
Council will substantiate the severity and frequency of the incident in a report based on the
number of incidents occurring at the licensed location under the same licensee for the previous
five years. Incident severity and frequency will take into consideration the totality of the
circumstances and the potential or actual impact on a specific neighborhood or to the overall
community.
2. Aggravating Factors – Aggravating Factors in a single incident may cause a move in the grid to
the next level (either up or sideways). Examples of Aggravating Factors include, but are not
limited to:
Any prior violation of alcohol‐related incidents in the last 5 years of the new incident (each prior
shall be counted as on Aggravating Factor);
*Felony or gross misdemeanor charges were issued out of the new incident;
Any weapons, drugs or violence involved in the new incident;
The act endangered the public;
*The act involved a juvenile;
The act involved bias or discrimination;
The act lead to other crimes (i.e. over‐serving then involved in a car accident) *(gross
misdemeanor charges or incidents involving a juvenile stemming from a routine alcohol
compliance check conducted by the Police Department shall not be counted as an Aggravating
Factor in a single incident)
3. Penalties may include a Fine, Suspension, or Revocation or any combination thereof.
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FAQ
NO FRONT YARD PARKING
Q1: Right now, anyone can park on their lawn, in the front, back or side yard. What
is the new law?
A1: No one will be able to park in the front yard on any type of property (residential, commercial
or industrial).
Q2: I don’t have a driveway. What am I supposed to do?
A2: If on-street parking is allowed on your street, you will be required to park in the street.
Q3: I have no driveway and my street is too narrow to allow both parking and
passable driving lanes. Now what am I supposed to do?
A3: If you have unique circumstances, you can apply for a special permit from the City to allow
you to park one vehicle in your front yard but you have to meet the following criteria:
The use is single family residential
You have no reasonable alternative places to park
The car must be licensed and operable
Q4: If I get a special permit, how many cars can I park in my front yard?
A4: With a special permit, you will be allowed to park 1 vehicle at a time in the front yard. It does
not have to be the same vehicle, but you are only allowed to have 1 vehicle parked in your front
yard.
Q5: Can I still park on the grass in the back yard?
A5: Yes, you can still park on the grass in the back yard or side yard.
Q5: What happens if I park in my front yard without a permit or violate the
conditions of the permit?
A5: The consequences for violating the City Code are an administrative citation with a financial
penalty, or abatement and assessment for the costs of removing the vehicle or a misdemeanor
criminal citation.
The ordinance reads as follows:
No Front Yard Parking. No person may park or permit any vehicle to park in the front
yard of any public or private property that is sodded, seeded, or landscaped or is
maintained as a boulevard or open yard space adjacent to a street, highway or parking
lot. Exception. Single-family residential properties may apply for a special permit issued
administratively by the Community Development Department, if the following
requirements are met:
(1) The property is a single-family residential use.
(2) No reasonable alternative exists for on-street parking.
(3) Any vehicle parked in the front yard is properly licensed and operable.
(4) Only one vehicle may be parked in the front
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Sec. ‐ . HOTEL LICENSE
Subd. 1. Definitions. Words used in this section shall have the following meanings unless otherwise
defined in this section.
GUEST. A person as defined in Minn. Stat. § 327.70 subd. 2 as it may be amended.
HOTEL. A hotel, motel, resort, boarding house, bed and breakfast, furnished apartment house or
other building as defined in Minn. Stat. § 327.70 subd. 3 as it may be amended.
OWNER or LICENSEE. Any person, agent, operator, firm or corporation having a legal or equitable
interest in the property or recorded in the official state, county or city records as holding title to
the property or otherwise having control of the property.
PERSON. May be an individual, corporation, firm, association, company, partnership, organization
or any other group acting as a unit.
Subd. 2 License Required.
(1) General rule. No person, partnership, business entity, or corporation shall operate a hotel in
the city without a license for each building.
(2) City council action. Upon receipt of a completed application, the city council may take any of
the following actions on new license applications:
(a) Approve the license;
(b) Deny the license;
(c) Approve a provisional license;
(d) Approve the license with reasonable conditions; or
(e) Continue the license application for good cause.
(3) Applications. The license application must be submitted on a form provided by the city and
must include all the information requested on the application form, in addition to the
following information:
(a) Property owner information.
1. The name, address and complete information of the property owner, if the property
owner is an individual, including social security number.
2. The name, address and complete information of at least one officer, manager or
director, if the property owner is a business entity, including the name of the business
entity, the state of formation, the applicants federal tax identification number and
state employer identification number.
(b) Property contact information. The applicant must provide 24‐hour contact information
for one person in any of the following categories:
1. At least one person who is responsible for compliance with this and any other code
requirement pertaining to the hotel, such as a property manager, who must reside in
the Twin Cities 7‐County metropolitan area or is able to respond to complaints within
60 minutes or less; or
2. Any of the owner's agents responsible for management of the hotel, such as a
property management company and the name and contact information of a person
at the property management company.
(c) The city clerk must be notified in writing of any changes to the name(s) provided on the
application.
(d) Number of rooms. The license application must contain the number of guest rooms within
the hotel.
(e) Insurance. The licensee must provide proof of sufficient and suitable insurance with the
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license application.
(f) License fee. The application must be accompanied by payment in full of the required
license fee. The license application fee will be determined by the city council and listed in
the city fee schedule.
(4) Changes in ownership. A license is non‐transferable. If there is a change in the ownership of
the hotel, a new license is required.
(5) License term. The term of the license year begins on January 1 and ends on December 31,
unless a shorter license term is specified upon approval.
(6) Display of license certificate. The license certificate must be exhibited in a conspicuous place
at or near the entrance to the hotel.
Subd. 3. Maintenance standards.
(1) It is the responsibility of the licensee to assure that every hotel is maintained in compliance
with all city ordinances and state laws. A violation of any of the following laws and
ordinances constitutes a public nuisance:
(a) Building Code (Chapter 33);
(b) Animal regulations (Chapter 27);
(c) Minnesota State Fire Code (Section 23‐1, subd. 1);
(d) Public nuisance regulations (Chapter 38);
(e) Parking violations (Chapter 51);
Subd. 4. Conduct in hotel.
(1) It shall be the responsibility of the licensee to ensure that guests occupying a licensed
property conduct themselves in such a manner as not to cause the licensed property or
surrounding neighborhoods to be disorderly. For the purposes of this section, a licensed
property is disorderly at any time that any of the following activities occur involving:
(a) Noise complaints;
(b) Disorderly conduct
(c) Controlled substances, violations of city code chapter 43 regarding intoxicating liquor or
3.2 percent malt liquor;
(d) Falsely reporting a crime;
(e) Prostitution or acts relating to prostitution;
(f) The unlawful use of a firearm or unlawful possession of a firearm;
(g) Terroristic threats, not including domestic assault; assault;
(h) Contributing to the need for protection or services or delinquency of a minor, child
abuse/endangerment;
(i) Violations of Section 3 of this ordinance (Maintenance standards);
(j) Murder;
(k) Rape, indecent exposure, other sex crimes;
(l) Robbery, burglary or theft (including auto theft);
(m) Arson, negligent fires; property damage (including criminal damage to property);
(n) Trespass;
(o) Warrant arrests;
(p) Public health violations;
(q) Aiding and abetting the commission of a violation contained herein.
(2) Upon a determination by the city that a licensed property was used in a disorderly manner,
as described in this section, the city may issue an administrative citation pursuant to
Chapter 22, Section 22‐10.
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Subd. 5. Responsibility for acts of manager. Licensees and owners are responsible for the acts or
omissions of any manager as it pertains to the hotel.
Subd. 6. License denial, suspension or revocation. Depending upon the circumstances, nature and
severity of the violation of any of the above‐stated provisions, the city council may hold a license hearing
for consideration of suspension, revocation or conversion to a provisional license, if deemed appropriate.
Any hotel license may be suspended or revoked for one or more of the following reasons:
(1) It is the third substantiated and relevant complaint or violation of the ordinance within a 12‐
month period.
(2) The licensee has failed to pay all of the appropriate fees related to the license, or is
delinquent on any other city fees;
(3) The licensee has made fraudulent statements, misrepresentations, not fully disclosed
information or made false statements in the application for or in the course of the licensee's
business;
(4) The licensee has been convicted of any crime or offense in the previous five years involving
or relating to the hotel rental business and the licensee has failed to show competent
evidence of sufficient rehabilitation and present fitness to perform the duties of the
business;
(5) The licensee has acted in an unauthorized manner or beyond the scope of the license
granted.
(6) Other good cause.
Subd. 7. Violations. A violation of this ordinance is a misdemeanor. However, the city may use
alternative enforcement methods, including issuing an administrative citation pursuant to Section 22‐10.
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City of Stillwater
Washington County, Minnesota
ORDINANCE NO. XXXX
AN ORDINANCE REPEALING AND REPLACING
THE CITY OF STILLWATER CITY CODE
The City Council of the City of Stillwater, Washington County, Minnesota does
hereby ordain as follows:
SECTION 1 REPEAL. The City of Stillwater, County of Washington, State of
Minnesota, City Code is hereby repealed in its entirety.
SECTION 2 REPLACE. The City of Stillwater, County of Washington, State of
Minnesota, City Code is hereby replaced in its entirety.
SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the
case of a lengthy ordinance, a summary may be published. While a copy of the entire
ordinance is available without cost at the office of the City Clerk, the following summary
is approved by the City Council and shall be published in lieu of publishing the entire
ordinance:
The City Council adopted an ordinance repealing and replacing the City of
Stillwater City Code into a new, cleaner, updated, reorganized and more efficient
document. It contains updated statutory citations, the removal of unnecessary or
duplicative sections, the use of consistent capitalization, titles and citations, gender
neutralization, as well as implementing best practices in all areas of the Code to
ensure an efficient and user-friendly document for Staff and for the general public.
Some of the more significant changes include the following:
General City Code – Code of Ordinances:
Chapter 1. General Provisions: Clarified definitions and uniformity of City Code
throughout and added the ability to have electronic signatures and provision on
recordkeeping. Penalties for violation of code moved to Chapter 2 Administration.
Chapter 2. Administration: Moved Election Ward boundaries to City Charter;
Added explanations of Regular, Special and Emergency meetings of City Council,
and new background check language; moved boards and commission to new
chapter for better organization; moved Emergency Management into this Chapter
and updated; combined all matters related to Finance under one section and
updated items related to unclaimed, abandoned and surplus proterty, rural and
urban taxing district, Lodging tax, deferral policy for assessments, utility funds and
billing and street light utility; and created one uniform section for general penalties.
Chapter 4. City Boards, Commissions and Similar Bodies: This chapter contains
uniform provisions that apply to all boards and commissions and updated description
of Downtown Parking Commission.
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Chapter 6. Businesses: Added a general business license section so that it can be
“one-stop-shop” for any business applying for a required license and moved all
random licensing found throughout the code into this chapter. Redefined the
Peddlers, Solicitors and Transient Merchants licensing section, restructured the
Alcohol Beverage section, and enhanced the Liquor Penalty section. Added new
sections for Provisional Licenses, Buskers and Street Performers and Hotel
Licensing. Updated gambling license designated trade area, removed towing, tree
trimming, sandblasting, landscaping and fencing licensing requirements, added
solar panel installer licensing, and provided City Clerk to issue certain licenses
administratively.
Chapter 8. Animals: Expanded definitions on type of animals allowed, removed
dog licensing (except for potentially dangerous and dangerous dogs); removed
beekeeping permit requirements instead add performance standards for
beekeeping; and expanded Farm and Other Small Domestic Animal provisions and
Keeping of Poultry permit requirements.
Chapter 10. Nuisances: Moved the Noise section from Chapter 12 Offenses and
revised to use a reasonable person standard instead of decibels; and added a new
section for Diseased Trees and included section on management of Grass and
Weeds.
Chapter 12. Offenses: Improved Weapons section to define what is prohibited,
added Graffiti Prevention to help prevent vandalism, included new Social Host
ordinance to discourage underage consumption of alcohol, and added
Procurement of Third-Party Gift Cards section to help stop fraudulent purchases
of these cards at retail establishments.
Chapter 14. Parks and Recreation: Deleted Port Authority, moved park dedication
fees to Chapter 26 Subdivisions and updated general park use, Lily Lake, Long
Lake, McKusick Lake and St. Croix River waterfront to reflect current practices.
Chapter 16. Streets, Sidewalks and Other Public Places: Removed Street
excavation and construction section, moved building numbering section to Chapter
24 Buildings and Construction, added new section to prohibit snow and ice from
being deposited onto public property and removed Street Light Utility section,
which was moved to Ch. 2.
Chapter 18. Traffic and Vehicles: Removed statutory crimes, updated self-
propelled devices section, added no front yard parking.
Chapter 20. Utilities: Clarified definitions of private water line and required
connection, added water meter testing, failures and valve installation section as
well as SAC and WAC requirements.
Chapter 22. Environment: Moved all environment-related ordinances to this
chapter, added new Salt Storage section and Stormwater Illicit Discharge and Illicit
Connect section.
Chapter 24. Buildings and Construction: moved all construction-related ordinances
into this chapter, removed unnecessary references to State Laws and Codes,
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moved fees to Fee Schedule Ordinance, and combined the Fire Prevention
chapter into this chapter.
Chapter 26. Subdivisions: Regulations remain unchanged, except for adding park
dedication fees, but will be updated in 2024.
Chapter 28: Zoning Code: Complete revision coming in 2024/2025. Minor changes
occurred to update terminology and zoning charts. Added site plan review process,
eliminated parking deficiency tax and special use permits, moved building
demolition permits to Chapter 24 and Adult Uses to Chapter 6.
SECTION 4 EFFECTIVE DATE. This ordinance shall be in full force and effect on
February 23, 2024.
Adopted by the City Council of the City of Stillwater this 20th day of February 2024.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
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DATE: February 28, 2024
TO: Honorable Chair and Planning Commissioners
FROM: Ben Gutknecht, Planning Manager
SUBJECT: Comprehensive Zoning Code Update
BACKGROUND
Throughout this upcoming year the Planning Division will be conducting a comprehensive
zoning code update. The current high-level goals include:
• Consolidate the number of Zoning Districts
• Consolidate the Use Table
• Simplify and Modernize Regulations
• Discuss key policy changes desired
• Implement strategies from Energy in Action Plan (when ready)?
• Implement strategies from Residential Economic Stability (housing, when ready
and where applicable)?
Staff will begin the process with a kick off meeting in March, following completion of
current City Code revisions (the recodification project previously discussed). We
anticipate working with both Commissions and hosting Community Workshops as part of
the overall process with plans to formally adopt before the end of 2024.