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HomeMy WebLinkAbout2018-11-13 CC MIN 111\Water 216 4th Street N, Stillwater, MN 55082 , ���^,�______- - 651-430-8800 The Birthplace of Minnesota www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES November 13, 2018 (In Lieu of November 6,2018) REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:37 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Absent: None Staff present: City Administrator McCarty Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Community Development Director Turnblad City Clerk Ward City Clerk Wolf OTHER BUSINESS County update on Manning/Highway 36 Interchange Nathan Arnold,Washington County Project Manager,updated the Council on the Trunk Highway 35 and Manning Avenue/County State Aid Highway 15 Interchange Study. He provided current and projected traffic volumes. A $7 million grant from the Metropolitan Council requires that the current North Frontage Road connection and multi-use trail connection be retained. The double loop alternative was removed from consideration for a number of reasons. The single loop option includes a loop in the NE corner to allow northbound traffic going across the bridge to go westbound on Highway 36. The estimated project costs and funding have not changed significantly since the last presentation and more funding sources are being sought. Construction will occur in 2021 and would likely take just over a year if funding needs are met. Washington County will request resolutions of support at the end of the preliminary design phase. Councilmember Weidner asked if the golf course will still have enough land to operate and does that impact the project cost; and Mr. Arnold answered that the single loop option fits without taking the entire golf course and therefore without compensating them for the entire course. This was not possible with the double loop option. Councilmember Polehna commented that it looks like Stillwater's costs will go a lot higher with right-of-way going through the future hospital site. He added that residents are very concerned about traffic on 62nd Street, and inquired how keeping the Frontage Road benefits Stillwater; and Mr. Arnold replied that if traffic backs up on Highway 36, he is not 100% sure how the right-of- way for the ramps comes together, but he believes the ramp would wrap into the interchange, which would not be a City cost. Roughly 10-20% of the total project cost would be locally spread among the four cities, depending on the amount of impact. On a question by Mayor Kozlowski if state funding is expected; Mr. Arnold responded that there is a good chance of getting additional funding. They would like to get MnDOT involved because there are some state projects scoped for this corridor in the timeframe of this project. City Council Meeting November 13, 2018 Washington County Commissioner Kriesel added that the County lobbied unsuccessfully last year for state funding and is still committed to obtaining funding from the state. 2019—2023 Capital Improvement Plan(CIP) City Administrator McCarty presented the Capital Improvement Plan (CIP) for 2019-2023, including projects and funding sources by department, with costs totaling nearly $71 million. He stated a number of items will be further refined. For instance, the potential for a surface parking lot on corner of Chestnut and Second Streets,the build-out of Chestnut Street plaza to Main Street, Phase 4 of City Hall,the ice arena dome replacement in 2019, development of the Aiple property and Bridgeview Park, and major software purchases. Community Development Director Turnblad stated the cost for a parking lot on Chestnut and Second could be $100,000-$190,000, depending on soil conditions and whether or not a retaining wall is needed. He recommended that the Council include $190,000 in 2019 as a planned improvement. A major source of funding will be the Parking Enterprise Fund. Councilmember Weidner asked how many parking spaces would the lot have; and Mr. Turnblad answered probably 35 to 60. A surface lot would be considerably cheaper than a ramp, about $2,000 per space compared with about$25,000 per space in a ramp. Mr. Turnblad continued regarded that the Chestnut Street plaza, that MnDOT obtained a sizable award in the bonding bill,which included a request for up to $2 million for the City for Chestnut. He stated that it is not guaranteed money because the City will have to enter an agreement with MnDOT with a design they will accept,however it is great news. He anticipated that the Chestnut plaza can likely be constructed in 2021. City Administrator McCarty suggested that the Council amend the CIP adding the surface parking lot at $190,000 for 2019, and adding the $2 million in state grant funds for downtown streetscape improvements in 2021. Councilmember Polehna noted that the Parks Commission questioned why the stair rehabilitation and Water Street elevated walkway are in the Parks budget. It does not make sense for those projects to come out of Park funds. Public Works Director Sanders stated staff will look at it. Motion by Councilmember Menikheim, seconded by Councilmember Weidner,to adopt Resolution 2018-246, approval of 2019-2023 Capital Improvement Plan, with the additions of$2 million for a Chestnut Street pedestrian plaza and $190,000 for surface parking at Second and Chestnut. Ayes: Councilmembers Menikheim, Junker, Weidner. Polehna, and Mayor Kozlowski Nays: None Councilmember Polehna reminded staff that he would like to see the stairs project and sidewalks moved out of the Parks budget. STAFF REPORTS City Clerk Ward stated that City Clerk Beth Wolf will take her place when she retires, starting with the first meeting in December. Community Development Director Turnblad updated the Council on City Hall remodeling. Page 2 of 11 City Council Meeting November 13, 2018 City Administrator McCarty reminded the Council of the Crosby Hotel ribbon cutting this Thursday, and the League of Minnesota Cities and Metro Cities meeting November 29 in Golden Valley. Councilmember Junker stated he received emails from downtown businesses regarding the relocation of the Ice Castle. Some of them feel that the City did not put its best foot forward and that is why they left. He noted there were extenuating circumstances. City Administrator McCarty responded that the Council initially approved the Ice Castle for Lowell Park, then Bridgeview Park when Ice Castles realized that MnDOT bridge rehab equipment would remain on the north side of the bridge through December. Factors related to Bridgeview Park included logistical considerations,concern about protecting sanitary sewer,need to arrange shuttle service and other issues. Ice Castles ran out of time to make all that happen. He stated staff, Chamber and business leadership was in constant contact with Ice Castles to try to figure out an alternative. Ice Castles pursued other options and got approval from Excelsior last week. The City has sent notes to Ice Castles welcoming them back in future. He recognized it is a loss to the business community. Mayor Kozlowski stated he was aware of everybody scrambling to try to make it work. He believes Ice Castles will come back in the future, especially considering the gorgeous restored 1932 bridge they will have as a backdrop. Public Works Director Sanders reported that bridge rehab is expected to be completed in mid- June. Mayor Kozlowski recessed the meeting at 5:24 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Absent: None Staff present: City Administrator McCarty City Attorney Land Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Community Development Director Turnblad City Clerk Ward City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. CANVASS OF CITY GENERAL ELECTION City Clerk Ward presented the results of the municipal election: Mayor Kozlowski; Ward 1,Ryan Collins; Ward 4, Michael Polehna. Motion by Councilmember Junker, seconded by Councilmember Menikheim,to approve the election results. Page 3 of 11 City Council Meeting November 13, 2018 Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None City Clerk Ward thanked all the staff and election judges who helped make the election process run smoothly. APPROVAL OF MINUTES Possible approval of the October 16, 2018 regular and recessed meeting minutes Motion by Councilmember Weidner, seconded by Councilmember Junker,to approve the minutes of the October 16, 2018 regular and recessed meeting. All in favor. PETITIONS, INDIVIDUALS,DELEGATIONS & COMMENDATIONS Service Award - David Johnson, Stillwater Township Board of Supervisors Mayor Kozlowski read a service award to be presented to David Johnson, Stillwater Township Board of Supervisors,for building a solid relationship with the City of Stillwater and spearheading the negotiation of the Orderly Annexation Agreement, which became a model for relations between cities and townships. OPEN FORUM Request from Settlers Glen Homeowners Association for Hockey Rink in Prairie Park Craig Novacek, representing Settlers Glen homeowners, requested that the Council consider installing two rinks in Prairie Park one hockey rink and one regular. He presented a petition and stated residents are willing to maintain them. Councilmember Polehna stated the residents are interested in a permanent rink with boards,which could be converted to a basketball hoop or some other use for summer. He emphasized that residents will help with maintenance. He added that the Parks Commission decided this year to cut back on the number of smaller rinks so the City can better care for the larger rinks. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to refer the request for hockey rinks for Prairie Park to the Parks Commission. All in favor. CONSENT AGENDA Resolution 2018-238, Directing the Payment of Bills Resolution 2018-239, approving assignment agreement with the Veterans' Memorial Committee for 2019 Possible approval of sanitary sewer adjustments Possible approval of temporary liquor license—Washington County Resolution 2018-241, approving Assessment Appeal Waiver Agreement for Heifort Hills Estates Resolution 2018-242, a resolution amending Resolution 2018-130 and the Assessment Appeal Waiver Agreement for Nottingham Village Resolution 2018-243, a resolution amending the Development Agreement relating to Westridge Resolution 2018-244, a resolution amending Resolution 2018-129 and the Assessment Appeal Waiver Agreement for Boutwell Farms Resolution 2018-245, approving proposal of Summit Companies for installation of new fire alarm system for City Hall and transferring funds from the Capital Reserve Fund to complete the work Page 4 of 11 City Council Meeting November 13, 2018 Possible approval to purchase capital outlay items for Library public access network- MIS Possible approval to purchase of Granicus Encoding Appliance (Web streaming) - MIS Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None PUBLIC HEARINGS Case No. 2018-54. A public hearing to consider a request by Brian and Sonja Larson, property owners, for a Zoning Text Amendment and Conditional Use permit for the property at 807 4th Street North in the RB district. Community Development Director Turnblad stated that Brian and Sonja Larson have applied for a Zoning Text Amendment (ZAT) which would allow for nonconforming commercial uses to be changed to another nonconforming commercial use through the Conditional Use Permit (CUP) process. A local wellness studio wishes to rent the space they own at 807 4th Street North for small rehab and physical fitness space. The City ordinance would not allow that to happen. He stated that, in updating the Comprehensive Plan, a desire from the community has been expressed to maintain existing pockets of commercial uses in residential neighborhoods. The Larsons are proposing a change in the ordinance that would allow nonconforming uses to change to other nonconforming uses as long as they are compatible with the neighborhood and the Comprehensive Plan. The Planning Commission looked at the suggestion and recommended the language currently proposed, feeling that it would work just as well if it is done administratively, if the use is essentially the same or more restrictive. City Attorney Land suggested additional language stating that if a use changes, and if it moves toward less impact, it could be allowed administratively. Therefore, staff proposes an alteration to the language contained in the applicant's request. In addition to the Planning Commission's recommendation, staff recommends the following be added to the ZAT: "However, once a structure or parcel of land has been placed in a more restrictive nonconforming use, it shall not return to a less restrictive nonconforming use." Councilmember Dunker pointed out that parking could be a concern, in that residents would not want 40 cars parking up and down the street if a business changes. He noted that the site has no onsite parking. Mr. Turnblad replied that if a new use will generate more parking demand than it does today, it could not be approved administratively. Mayor Kozlowski asked, if it moves in the direction of more conformity,then staff would be able to administratively approve it or it could be appealed to the Council; and Mr. Turnblad responded yes. On a question by Councilmember Junker about the 2040 comprehensive plan, was this neighborhood identified as a neighborhood area; and Mr. Turnblad replied yes. There about 12 buildings that are currently nonconforming buildings in residential neighborhoods scattered throughout the City. In land use theory, going from commercial to industrial is considered to be the wrong direction. Going from intense retail, for instance, to a less intense use is the direction that is becoming more conforming. Page 5 of 11 City Council Meeting November 13, 2018 Councilmember Weidner countered that the property is historic and was built into the neighborhood - it was always a business. He questioned why the City would require it to constantly go in the least restrictive way. The term "compatible" seems vague and ambiguous. The business going in does not seem to be less restrictive, but it does seem compatible with the neighborhood. He does not like the requirement that says that it has to be less intense when a business serves a purpose in the neighborhood. He supports the idea that if it becomes a more intense use then it comes to the Council who can approve or disapprove it. Mr. Turnblad indicated that a hearing could be set before either the Council or Planning Commission, but either way a more intense use would get a public hearing. This new language can be put in the ordinance and brought back for second reading at the next meeting. Mayor Kozlowski opened the public hearing. Brian Larson, 2008 Hazel Court, applicant, stated the property at 807 North 4th Street has been commercial for over 130 years, and buildings like this are part of the neighborhood, making it more walkable and livable. This property started as a church in 1882 and was a general store for about 50 years starting around 1900, then an Antique store, and for the last 30 years or so, an office. The reason it is an historic resource is that it had the flexibility to change with the times. He has tenants who want to lease it. To keep it viable in the neighborhood,that kind of flexibility is needed. He does not object to administrative approval. The only objection he has concerns the "however" clause stating that it cannot return back to its former use from a less intense use. This would mean he could never return it to its former office use, which worked wonderfully for the last 30 years. He asked the Council to approve the proposal as recommended by Planning and strike the "however" clause. Mayor Kozlowski closed the public hearing. City Attorney Land suggested leaving the "however" clause, but adding language at the end so it reads "However once a structure or parcel of land has been placed in a more restrictive nonconforming use, it shall not return to a less restrictive nonconforming use without a conditional use permit from the City Council." Motion by Councilmember Weidner, seconded by Councilmember Menikheim,to adopt first reading of an ordinance amending the Stillwater City Code Sec. 31-216,Nonconforming Use Regulations as recommended by staff and City Attorney. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Case No. 2018-55. A public hearing to consider a request by Stephen Nelson, property owner, for a Zoning Map Amendment and Re-subdivision for the property located at 7770 Minar Lane North in the AP District. Community Development Director Turnblad stated that Stephen and Kathleen Nelson have submitted a request to subdivide their 2.51 acre homestead lot at 7770 Minar Lane North into two lots. The lot for the existing house would have 1.31 acres and the vacant lot would have 1.20 acres. Though a moratorium exists in the Minar Neighborhood prohibiting lot splits for a year, this application was submitted prior to the effective date. Staff finds code regulations to be satisfied, and finds the rezoning to be consistent with the current Comprehensive Plan. Therefore, staff recommends approval of the first reading of the rezoning ordinance and adoption of the resolution approving the re-subdivision, with three conditions. Page 6 of 11 City Council Meeting November 13, 2018 Mayor Kozlowski opened the public hearing. Steve Nelson, applicant, stated the property almost looks out of conformity right now because it is an empty spot between all the houses. He has no intentions of putting a house there for a long time. Only 22 of the lots are able to be split. Most are not split-able because of the watershed areas and the configuration of the lots. If the Council decides to run City sewer and water there, he has no issue with that either. Mayor Kozlowski closed the public hearing. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2018-247, a resolution approving the re-subdivision of Lot 4, Block 1, Boutwell Valley Estates Case No. 2018-55. Ayes: Councilmembers Menikheim, Junker, Weidner. Polehna, and Mayor Kozlowski Nays: None Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt first reading of an ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance,by amending the zoning map of the City to rezone certain property within the AP-Agricultural Preservation District by adding them to the RA-One Family Residential District. Ayes: Councilmembers Menikheim, Junker, Weidner. Polehna, and Mayor Kozlowski Nays: None A public hearing to consider an Ordinance rescinding the Transportation Adequacy Fee that is currently charged to developers for offsite transportation impacts. Community Development Director Turnblad informed the Council that the Minnesota Supreme Court ruled that fees such as Stillwater's transportation impact fee can no longer be imposed upon subdivisions. Chapter 39A needs to be repealed in its entirety. Staff recommends approving the first reading of the ordinance. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the first reading of an Ordinance repealing Chapter 39A of the Stillwater City Code. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Possible ordering preparation of feasibility report for 2019 Street Improvement project Public Works Director Sanders explained the proposed 2019 Street Improvement Project. The total length of the intended streets is 4.6 miles. The feasibility study will examine conditions, subsurface soils, curb needs, storm sewer needs, sidewalk considerations, and utility needs. Staff recommends the Council pass a resolution authorizing the preparation of a Feasibility Study. Page 7 of 11 City Council Meeting November 13, 2018 Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2018-248, resolution ordering preparation of feasibility report for 2019 Street Improvement Project, Project 2019-02. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Possible designation study for 709 South 2nd Street Community Development Director Turnblad explained that per the process outlined in the Demolition Ordinance, staff is requesting the Council's authorization of the preparation of a designation study for the residential structure located at 709 2nd Street South. The Heritage Preservation Commission determined the home to be an historic resource because the property was built as a speculation home by the Seymour, Sabin&Co. (SS&C)in 1875,and it may possibly be one of the first spec homes to be built. It also is associated with John F. Conklin, a former City of Stillwater street commissioner who was the first homeowner. He further stated that in 2013 the residence was identified as a contributing building to the East Half, Churchill, Nelson, and Slaughter's Addition Local Historic District.Aside from a sag in the NW foundation,no structural deficiencies have been found. The applicants submitted a $304,788 estimate for a whole house and garage remodel. They indicated a new buyer would like to build a home similar to the one at 925 2nd Street South; the applicant's demolition estimate (and that home's 2016 construction valuation)equals $318,000. The Washington County Assessor's office has indicated the structure has normal condition and a 2018 valuation of $176,100. This falls within the Metropolitan Council's 2016 Affordable Purchase Price. Staff recommends the Council approve the preparation of a designation study for the structure. On a question by Councilmember Weidner about the public purpose of saving the building; and Mr. Turnblad answered that the City has a body of ordinances reflecting the belief that historic structures are a resource that should be saved, as part of what is uniquely Stillwater. If remodeled correctly this home could become affordable housing, so there are several public purposes. Councilmember Junker noted that with a demolition permit, the house could be moved out of Stillwater and still preserved. He recalled a house near Chilikoot that was similarly saved. It was remodeled, but has nowhere near the character of an 1800's house. Mr. Turnblad pointed out that the house still has the fenestration of the windows,massing,general shape, and same height as the original. Short of doing a museum quality restoration, which is not really the intent of the ordinance, the ordinance serves to give another generation of use to a building before it is torn down. He stated the Council has two options: set the designation study in motion if it seems reasonable to try to save building, or if it is beyond saving,then do not order the study and staff can issue the demolition permit. Scott Johnson, property owner, informed the Council that he lives next door and has owned the property for four years, keeping it up as best he could. It has been vacant for 10 years. Before ordering a costly study, he encouraged Councilmembers to walk through the house with him. It was a hoarder's home and has been airing out for four years. He has a builder who is committed to building an appropriate home on this lot. Motion by Councilmember Weidner, seconded by Councilmember Menikheim,to order a designation study for the property at 709 South Second Street. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Page 8 of 11 City Council Meeting November 13, 2018 Request by Bruce & Linda Livermore to delete preliminary plat condition of approval pertaining to tree replacement requirement. Community Development Director Turnblad stated that on September 4, 2018, the City Council approved Resolution No. 2018-189, approving the Preliminary Plat for Neal Meadows 7th Addition. A condition of approval included: Tree removal in excess of five trees per lot will require a 1:1 replacement for each tree removed in excess of five. A tree preservation and removal plan must be submitted if more than five trees are to be removed on any lot. And, replacement trees shall be installed according to the standards found in City Code Section 31-522. Any replacement trees that are necessary must be installed prior to release of the grading escrow for the specific lot. The property owners have requested removal of condition #7. Staff does not believe tree replacement will be required, since removing more than five trees from each lot does not seem to be necessary to provide sewer and water service. Consequently, keeping condition#7 in place should not cause a hardship. Bruce Livermore, applicant, stated he is asking for a modification, not for the condition to be stricken. He is planning to subdivide and sell the west half of the property. He proceeded to the point of having an approved zoning plan and was surprised because this condition was not included in the original staff report he received prior to the August Planning Commission meeting. In order to build any house, many of the trees will have to be removed. The requirement equates to 58 trees per acre on this .29 acre lot. In contrast, large developers are required to plant 10 trees per acre. The condition is an unreasonable burden in trying to sell the property. Councilmember Weidner asked the applicant what is a reasonable number of trees to retain; and Mr. Livermore replied three per lot of this size to correspond to new developments as a minimum number. Looking at other lots in the overall neighborhood, five to six, maybe seven trees per lot is reasonable. Mr. Turnblad stated that the condition was added by the Planning Commission. Staff's interpretation of the code is that redevelopment applies only to whatever it takes to get services in there. It likely will not take out more than 10 trees to put in two service connections, one per each lot, so staff does not think it will ever trigger the condition, which is why it was not in the staff report. For redevelopment of these lot splits, the 35% removal only pertains to what is required to do,which is sewer and water.Mr. Livermore can sell the lot to someone and the future lot owner, they can take down every tree if they want. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to deny the request to delete the preliminary plat condition of approval. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Request for Special Use Permit Exemption for May 26 and September 1 - Stillwater Public Library Library Venue Coordinator Sandy Ellis explained that the Library is seeking an exemption to the outside event noise conditions (condition 6) of the Library's Special Use Permit for the Sundays of May 26, 2019,and September 1,2019. Both dates are on a Sunday of a holiday weekend where the following Monday is a holiday. She has contacted the neighbors to ask if they had any objections and has not had any replies. She added that the parties scheduled to hold events on May 26 and September 1 would like to use the space with amplified music until 10:00 p.m. The Library Board approved the request for those two dates, but per the SUP, such exemptions also require City Council approval. Page 9 of 11 City Council Meeting November 13, 2018 Councilmember Weidner inquired what events are scheduled; and Ms. Ellis replied they are both weddings. One was booked in December 2017 and the other was booked in September 2018 before the rule was put in place. Councilmember Weidner stated he does not want to create the impression that these rules do not mean anything. Since the two events were booked prior to the condition, he feels the City should honor the pre-existing expectation. Ms. Ellis added that as part of this process, it was decided the Library would not be asking for any other requests for Sunday exemptions. Councilmember Menikheim noted that Ms, Ellis will be around until a replacement is found. She is not going to be with the Library any longer. He thanked Ms. Ellis for her dedicated work as venue coordinator. Councilmember Weidner acknowledged Ms. Ellis for helping to change the culture and hear the voices of the neighbors. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to grant the SUP exemption for May 26, 2019 and September 1, 2019. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Possible adoption of resolution accepting State of Minnesota General Obligation Bond Grant in the amount of$1.65 million for the St. Croix Riverbank Restoration and Riverwalk Projects City Administrator McCarty reported that this involves the grant money included in the state bond from the last legislative session. It will allow the City to request reimbursement for this portion of the funds. Mayor Kozlowski thanked Councilmembers Weidner and Polehna and Senator Housley for their work. Councilmember Weidner thanked Representative Lohmer for her work on the issue. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2018-249, accepting State of Minnesota General Obligation Bond Grant in the amount of $1.65 million for the St. Croix Riverbank Restoration and Riverwalk Projects. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Possible approval of first reading of Ordinance amending Chapter 43, Liquor City Attorney Land presented proposed City Code revisions to Chapter 43, the liquor ordinance incorporating new types of liquor licenses allowed by state law. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt first reading of an ordinance amending Chapter 43 of the Stillwater City Code regarding liquor. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. Page 10 of 11 City Council Meeting November 13, 2018 COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT TO CLOSED SESSION FOR ATTORNEY-CLIENT PRIVILEGED COMMUNICATION UNDER 13D.05 SUBD. 3(B) TO DISCUSS PENDING LITIGATION Motion by Councilmember Junker, seconded by Councilmember Weidner, to adjourn to closed session. All in favor. The meeting was adjourned to closed session at 8:49 p.m a Te lows 1, Mayo ATTEST: Diane F. Ward, City C erk Resolution 2018-238, Directing the Payment of Bills Resolution 2018-239, approving assignment agreement with the Veterans' Memorial Committee for 2019 Resolution 2018-240, not used Resolution 2018-241, approving Assessment Appeal Waiver Agreement for Heifort Hills Estates Resolution 2018-242, a resolution amending Resolution 2018-130 and the Assessment Appeal Waiver Agreement for Nottingham Village Resolution 2018-243, a resolution amending the Development Agreement relating to Westridge Resolution 2018-244, a resolution amending Resolution 2018-129 and the Assessment Appeal Waiver Agreement for Boutwell Farms Resolution 2018-245,approving proposal of Summit Companies for installation of new fire alarm system for City Hall and transferring funds from the Capital Reserve Fund to complete the work Resolution 2018-246, approval of 2019-2023 Capital Improvement Plan Resolution 2018-247, a resolution approving the re-subdivision of Lot 4, Block 1, Boutwell Valley Estates Case No. 2018-55 Resolution 2018-248, resolution ordering preparation of feasibility report for 2019 Street Improvement Project, Project 2019-02 Resolution 2018-249,accepting State of Minnesota General Obligation Bond Grant in the amount of$1.65 million for the St. Croix Riverbank Restoration and Riverwalk Projects Page 11 of 11