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HomeMy WebLinkAbout2019-03-19 CC Agenda Packet216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING March 19, 2019 REGULAR MEETING 7:00 P.M. I.CALL TO ORDER II.ROLL CALL III.PLEDGE OF ALLEGIANCE IV.PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS V.OPEN FORUM ‐ the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. The council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VI.STAFF REPORTS 1.2019 Flood Information 2.Police Chief 3.Fire Chief 4.City Clerk 5.Community Development Director 6.Public Works Director 7.Finance Director 8.City Attorney 9.City Administrator VII.CONSENT AGENDA ‐ all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 10.March 5, 2019 regular, recessed and closed session meeting minutes 11.Payment of Bills 12.New Wine and Strong Beer Liquor License for La Carreta 13.RESOLUTION amending 2019 Fee Schedule 14.RESOLUTION approving Lease of Dock Space from St. Croix Boat & Packet 15.RESOLUTION denying Fenway Land Company Zoning Text Admendment 16.Purchase of Loader for Public Works Department 17.RESOLUTION approving 2019‐2020 Labor Agreement between City of Stillwater and International Association of Firefighters VIII.PUBLIC HEARINGS ‐ out of respect for others in attendance, please limit your comments to 10 minutes or less. None IX.UNFINISHED BUSINESS 18.RESOLUTION denying CVII Holdings Inc Conditional Use Permit for the Historic Armory X. NEW BUSINESS 19. RESOLUTION Calling for Public Hearing on Revenue Bonds by the City of Bethel XI. COUNCIL REQUEST ITEMS 20. Beyond the Yellow Ribbon update XII. RECESS – Council will be moving into closed session in the Riverview Room XIII. CLOSED SESSION pursuant to Minn. Stat. §13D.05 subd. 3(b) to discuss attorney‐client privileged communication regarding the 2017 assessment appeals. XIV. CLOSED SESSION pursuant to Minn. Stat. §13D.05 subd. 3(c) to consider the purchase of real property located at 121 Chestnut Street East. XV. RECONVENE TO OPEN SESSION XVI. OTHER BUSINESS XVII. ADJOURNMENT This image cannot currently be displayed. IMPACTS Page 1 LIST OF BILLS A-1 Hydraulic Sales & Service Equipment repair supplies 491.13 Ace Hardware Supplies 23.38 Acme Tools Equipment 1,265.00 Advance Auto Parts Equipment repair supplies 70.22 Advanced Sportswear Uniforms 48 .00 ALPHA Training Training -Young 650.00 Ancom Communication Inc. Supplies 138 .00 Armor Security Inc. Quarterly Monitoring Service 84.00 Arnt Construction Snow Hauling 12,744.00 Arrow Building Center Azek sheets 435.67 Aspen Mills Uniform 277.82 AutoNation Auto maint supplies 25 .00 Bear Robert & Amanda UB Refund 85.15 BHE Community Solar Solar Garden 3,045.03 Blue Tarp Financial Supplies 259.05 BlueCross BlueShield of MN Inc. Retiree Health Ins 2,938.00 Boyer Trucks Equipment repair supplies 394.51 CDW Government Inc. Equipment 432.11 Century College Training 594.00 Century Link Telephone 263.96 Century Power Equipment Equipment repair supplies 112.82 Cintas Corporation Uniform & mat cleaning service 710 .47 Clareys Safety Equipment Equipment repair supplies 70.86 Clifton LarsonAllen LLP Audit 5,500 .00 Comcast Internet & Voice 371.94 Compass Minerals America Inc Salt 23,041.07 Computer Integration Technologies Project management 102 .00 DLT Solutions LLC Software subscription 2,660.78 ECM Publishers Miller permit 47.50 ECSI System Integrators Monitoring 825.00 EdgeTech Systems Paging & station alerting equipment 6,273.00 Element Materials Technology Construction materials testing 217.00 Enterprise FM Trust Lease vehicles 5,940.20 Fastenal Company Equipment repair supplies 615 .30 Fleet Pride Equipment repair supplies 4.10 Galls LLC Oakley fine knit beanie -Gannaway 21.35 Gimpel Wendy UB Refund 25.00 Gopher State One Call Inc. Locates 45.90 Grainger Janitorial supplies 906 .03 Hoisington Koegler Group Inc Comprehensive plan update 520.00 Holiday Companies Vehicle washes 150.00 Hudson Rod Gun & Archery Club Range use 100.00 Idea Center Feedback System 467.50 Jefferson Fire and Safety Inc. Boots, pants and tails 2,215.06 Jordan Joel Reimburse for work boots 99.99 Kath Companies Kelly & Lemmons PA Kwik Trip Inc Laerdal Medical Corporation League of MN Cities Ins Tr League of MN Human Rights Commissions Levander Gillen Miller PA Lincoln National Life Insurance Co Lynn Peavy Company MacQueen Equipment Inc . Mansfield Oil Company Menards Metropolitan Council Miller Excavating Minnesota Occupational Health National Reprographics LLC NEOPOST USA Inc. Northern Technologies Northland Graphics Office Depot OnSite Sanitation Patchin Messner Appraisals PDQ.com Performance Plus LLC Pirtek Midway Polar Plastics Pullen Annette Marie Quill Office Supply Rehn Code Consulting Services River Valley Printing Inc . Safe Fast Inc Schaab Inc Simplifile LC Stillwater Gazette Stillwater Motor Company Street Cop Training Streichers SW /WC Service Cooperatives Tessman Seed Co. St . Paul Thomson Reuters Titan Machinery Shakopee Toll Gas and Welding Supply Voyant Communications Washington County Property Records Wenck Construction Wonderware Midwest Zahl Petroleum Maintenance Co. Oil master synthetic Prosecution Fuel Little Anne QCPR Upgrade Kit Insurance 2019 Member Commission Dues Professional services COBRA Life Insurance Supplies Equipment repair charges Fuel Supplies Wastewater Charge Snow hauling Drug test Scans Postage machine ink 2019 Streets Custom stamper Supplies Portable Restroom Appraisal PDQ software Chest Xray Equipment repair supplies Black poly film Therapy Office supplies Plan review White envelopes Safety jacket & glasses Notary stamp Filing fees Subscription -Planning Vehicle repair charges Training Uniforms -Felsch AP COBRA Health Insurance Ice melt Information Charges Equipment repair supplies Cylinders Phone Year End Reports City Hall Project Sewer machine software Equipment repair supplies Page 2 1,567.00 8,333.00 13 .76 874 .94 215,702.00 100.00 15,733.48 7.20 361.70 3,286.50 13,344.11 1,855.57 153,390.29 7,827.47 318.20 1,542.25 195.00 5,450.00 16.95 670 .48 463 .00 1,086.25 1,350.00 97 .00 265.72 1,815.00 90.00 222.41 558.13 664.00 141.42 30.25 50.00 42.00 304.99 199.00 109.98 73,706 .95 475.00 141.94 714.25 40.63 524.42 285.00 17,609.12 600.00 179.02 Zarnoth Brush Works Inc . Ziegler Inc. REC CENTER 4Front LLC Ace Hardware Advance Auto Parts AT&T Mobility Becker Arena Products Century Link Cintas Corporation Coca-Cola Distribution Cub Foods Daleo Holiday Credit Office Ice Skating Institute Menards Pepsi Beverages Company R&R Specialties Inc. Riedell Shoes Inc. Twin Cities Dots & Pop Uline Inc CREDIT CARD Active911 Inc Amazon .com AMEM Assn of Training Officers of MN Backgroundchecks.com Constant Contact GTS Educational Events Minnesota Sheriffs Association MN State Fire Chiefs Assn NREMT Renewed Vision Sam's Club University of MN CCE Registration West Marine LIBRARY Ace Hardware Brodart Co Cengage Learning Friends of the Stillwater Public Library Equipment repair supplies Equipment repair supplies Dasher Supplies Equipment repair supplies Cell phone Equipment repair supplies Telephone Mat cleaning service Beverages for concessions Concession supplies Supplies Fuel Skater member Equipment repair supplies Beverages for concessions Blade sharpening Skates Treats for concessions Desk Direct Thermal Label Membership Supplies Membership Training Back ground checks Prepayment for email newsletter 2019 Governors Conference Training Membership Renewal fee Software for Chambers AV System Supplies Annual meeting Oil Janitorial Supplies Materials Adult Fiction Friends Reimbursement Page 3 423.50 9,410.38 80.00 201.98 120.68 71.18 667 .86 63.27 51.50 1,068.24 6.99 150.78 475.23 165.00 69.91 250.21 1,060.00 635 .26 668.64 204.83 70 .00 171.26 200.00 800.00 167.25 405.00 350.00 80.00 150.00 60.00 399.00 59 .49 375.00 92.62 185.84 3,241.57 37.49 278.50 Haussner Plumbing LLC Jacobsen Aurora Loffler Companies Master Mechanical Inc. Menards Mercury Electric Quill Corporation Recorded Books Inc Xcel Energy LIBRARY CREDIT CARDS Action Rental Inc. Amazon.com Dream Host Pioneer Press St. Paul FEBRUARY MANUALS Board of Water Commissioners Bridgewater Bank Broda rt Coit Cleaning & Restoration Corval Group Elevage Hotel Group Group Medicareblue RX Holiday Companies Lake Country Door Lake Elmo Bank Midwest Tape Nedland Industries SW/WC Service Cooperatives Washington County Public Works Waste Management ADDENDUM Comcast Geier Maureen Group MedicareBlue Henricksen PSG Madden Galanter Hansen Xcel Energy Water Bottle Filling Station Microwave (Staff Reimbursement) Library IT Project Jan. 30 Heating Incident Janitorial Supplies Library IT Project Supplies Materials Energy Turbo Fans Supplies DreamPress VPS Publication Final tax settlement Tax Increment payments Library Materials Library vinyl tile clean strip wax Equipment repair Tax Increment payments Retiree Ins Prescriptions Vehicle Washes Garage doors Tax Increment payments Library Materials Roll off containers COBRA & Retiree Health Insurance CASH 24 & 23 Page 4 1,675.00 116.77 2,275.00 451.00 62 .05 750.00 294.42 37.01 5,609.39 51.10 226.03 204.90 8.17 328.20 16,309.34 1,793.96 1,475.00 12,910.67 862.97 2,752.50 300.00 16,891.75 16,309.34 29.66 2nd half & Final Garbage Certification 9,560.00 1,089.39 424,319.17 45,743.36 Internet Reimburse for mileage Retiree Prescription City Hall 3rd Floor Furniture Labor Relations Services Energy 134.90 17.44 2,385.50 36,918.99 1,026.45 41,394 .70 TOTAL 1,274,944.87 Adopted by the City Council this 19th Day of March, 2019 Page 5 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION DENYING A SITE REVIEW CONDITIONAL USE PERMIT FOR THE HISTORIC ARMORY AT 107 CHESTNUT STREET EAST CPC CASE NO. 2019-06 WHEREAS, Matt Wolf, CVII Holdings, Inc., has requested an application for approval of a site review Conditional Use Permit for the conversion of the Historic Armory property at 107 Chestnut Street East from use as an Armory to a mixed-use of residential and commercial, utilizing approximately 16,000-20,000 square feet in the building; and WHEREAS, on January 17, 2019 the Downtown Parking Commission considered the parking plan for the Historic Armory project; and WHEREAS, on February 27, 2019 the Planning Commission held a public hearing on the site review Conditional Use Permit and recommended approval with certain conditions; and WHEREAS, on March 5, 2019 the City Council held a public hearing on the site review Conditional Use Permit and reviewed the application, plans, layouts, information and testimony submitted; and WHEREAS, the Council expressed concern about the lack of off-street parking at the site, although they recognized that the site technically met City Code requirements by providing 15 off-street parking spaces; and WHEREAS, the Council considered the proposed interior parking plan layout, which showed 8 spaces and the reality that regular and large-sized vehicles would have difficulty using all of the interior parking spaces provided due to the tight constraints of the interior parking area, the narrowness of the drive aisle and the physical barriers that exist; and WHEREAS, one Council member testified that he spoke with a former occupant of the site when it was used as an Armory who opined that the proposed interior parking space plan would not be workable; and Page 2 of 2 WHEREAS, the Council expressed concern about the lack of off-street parking at the site given the mixed uses proposed and the physical layout of the interior parking plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Stillwater, Minnesota, finds that: 1. The aisle proposed for the parking garage is only 20 feet 4 inches wide. For a two-way traffic aisle such as proposed, a 24 foot wide aisle is desirable. The narrower aisle makes maneuvering into and out of the spaces challenging, if not impossible for regular and large- sized vehicles. 2. There is no turn-out space south of the last parking space. With only a 20 foot 4 inch wide traffic aisle, the lack of turn-out space makes maneuvering out of the two most southerly parking spaces difficult, if not impossible. With larger vehicles, the last parking spaces are likely not useable, therefore making the applicant deficient on the required number of parking spaces. 3. The parking plan is inadequate for the proposed mixed-use development scenarios. BE IT FUTHERED RESOLVED, that the Council denies the site review Conditional Use Permit. Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of March, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING March 19, 2019 REGULAR MEETING 7:00 P.M. I.CALL TO ORDER II.ROLL CALL III.PLEDGE OF ALLEGIANCE IV.PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS V.OPEN FORUM ‐ the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. The council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VI.STAFF REPORTS 1.2019 Flood Information 2.Police Chief 3.Fire Chief 4.City Clerk 5.Community Development Director 6.Public Works Director 7.Finance Director 8.City Attorney 9.City Administrator VII.CONSENT AGENDA ‐ all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 10.March 5, 2019 regular, recessed and closed session meeting minutes 11.Payment of Bills 12.New Wine and Strong Beer Liquor License for La Carreta 13.RESOLUTION amending 2019 Fee Schedule 14.RESOLUTION approving Lease of Dock Space from St. Croix Boat & Packet 15.RESOLUTION denying Fenway Land Company Zoning Text Admendment 16.Purchase of Loader for Public Works Department 17.RESOLUTION approving 2019‐2020 Labor Agreement between City of Stillwater and International Association of Firefighters VIII.PUBLIC HEARINGS ‐ out of respect for others in attendance, please limit your comments to 10 minutes or less. None IX.UNFINISHED BUSINESS 18.RESOLUTION denying CVII Holdings Inc Conditional Use Permit for the Historic Armory X.NEW BUSINESS 19.RESOLUTION Calling for Public Hearing on Revenue Bonds by the City of Bethel XI.COUNCIL REQUEST ITEMS 20.Beyond the Yellow Ribbon update XII.RECESS – Council will be moving into closed session in the Riverview Room XIII.CLOSED SESSION pursuant to Minn. Stat. §13D.05 subd. 3(b) to discuss attorney‐client privileged communication regarding the 2017 assessment appeals. XIV.CLOSED SESSION pursuant to Minn. Stat. §13D.05 subd. 3(c) to consider the purchase of real property located at 121 Chestnut Street East. XV.RECONVENE TO OPEN SESSION XVI.OTHER BUSINESS XVII.ADJOURNMENT 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES March 5, 2019 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:33 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker and Weidner Absent: Councilmember Polehna Staff present: City Administrator McCarty City Attorney Land Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Finance Director Provos City Clerk Wolf OTHER BUSINESS Curve Crest Villas proposed sale/TIF #9/Amended Development Agreement Provisions, Estoppel Certificate and Financial Review City Administrator McCarty presented the results of the due diligence review of the proposed sale of Curve Crest Villas. City staff concurs with the determination of the City consultants and recommends approval of the resolution authorizing execution of a First Amendment to Contract for Private Development and an Estoppel Certificate. Motion by Councilmember Weidner, seconded by Councilmember Collins, to adopt Resolution 2019‐026, resolution authorizing execution of a First Amendment to Contract for Private Development and an Estoppel Certificate. All in favor. Review of Leased/Licensed City owned property City Administrator McCarty provided a preliminary inventory of nearly 40 City‐owned properties that have been leased or licensed for use by businesses, individuals and other entities. A number of licenses are for driveway access permits, landscaping, fences, garages or sheds on unused street or right‐of‐way (ROW). Most of them do not have a set expiration date. Staff would like to develop a standard protocol and checklist for future amendments to current and new leases and licenses which would include release of liability, insurance requirements, term limits and a noticing requirement. Staff recommends bringing in an outside consultant to look at the market rate for similar types of properties in other communities. City Attorney Land explained that a lease is permission to use property, whereas licenses are more like encroachment agreements. A license is very removable. A lease is permission to use something which requires official notice to terminate. City Council Meeting March 5, 2019 Page 2 of 9 Councilmember Weidner suggested getting appraisals for the value of the commercial use of City property in order to be fair to all. He also suggested that the City notify the property owners that the leases and licenses are going to be reviewed. Mr. McCarty stated staff will bring more information to the next Council work session. STAFF REPORTS Fire Chief Glaser thanked all residents who are helping with fire hydrant clearing and reminded residents to keep furnace exhaust ports and vents as well as gas meters clear of snow. Community Development Director Turnblad informed the Council that Zoning Administrator Graham Tait is on the job. Mr. Turnblad and Public Works Director Sanders are working with MnDOT on a lease agreement for Chestnut Street Plaza and have yet to negotiate two items regarding State law prohibiting alcohol consumption and commercial sales in the ROW. Public Works Director Sanders reported the City is removing snow in certain neighborhoods and downtown. Cul‐de‐sacs will be done in the next couple days. City Administrator McCarty reported that on February 25, City Lobbyist Brian McDaniel, Councilmember Polehna and representatives from Washington County met with legislators regarding funding for the Highway 36/Manning Avenue interchange project. Today Councilmember Polehna and a similar group are meeting with other legislators who are on committees that will be reviewing the request, which is $15 million for a separate bonding issue. Mayor Kozlowski recessed the meeting at 5:05 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:05 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Finance Director Provos City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. City Council Meeting March 5, 2019 Page 3 of 9 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentations to Stillwater Fire Fighters Jacob Bell, Jon Bell, Phillip Gresafe, Derek Nelson, and Christopher Zeuli Fire Chief Glaser recounted the actions of the Stillwater firefighters in saving the life of Lake Elmo resident John “Geno” Jeska on February 1. The five Stillwater men were off‐duty on an annual snowmobile trip when they encountered Mr. Jeska having difficulty while dining in a restaurant in International Falls, Minnesota. They called 911 and performed lifesaving CPR. Mr. Jeska was subsequently flown to Duluth for medical treatment. Chief Glaser acknowledged Mr. Jeska in the audience. Mayor Kozlowski presented Certificates of Appreciation to Jacob Bell, Jon Bell, Phillip Gresafe, Derek Nelson, and Christopher Zeuli. He encouraged everyone to get CPR training. Chief Glaser presented a Citizens Commendation to Mr. Gresafe, a Stillwater Fire Department retiree, and Unit Citations to Mr. Zeuli, Mr. Bell, Mr. Bell and Mr. Nelson. Assistant Fire Chief Zeuli stated that a person can learn CPR in 20 minutes and that 20 minutes may save someone’s life. Washington County presentation on County Road 5 Project Andrew Giesen, Washington County Project Manager for the County Highway 5 Phase 2 Improvement Project, led discussion of the project, including preliminary design, community engagement, and project costs. He stated that the project goals are to provide sidewalk on both sides of County Highway 5 in the reconstruction segment from McKusick to Sycamore near Stonebridge Elementary School, to improve the quality and life of the pavement, to stripe center left turn lanes at Brick Street, and to improve pedestrian accessibility and safety. Neighborhood meetings will be held later this month. Total project costs will be $3.3 million for Washington County and $500,000 for Stillwater. He requested a resolution of support. Mayor Kozlowski and Councilmember Weidner questioned the proposed removal of parking on the east side near Stonebridge school; and Mr. Giesen responded that if parking were restricted to the other side of the roadway, there would not be enough width for cars to stage. The County is looking at narrowing the existing 40 foot road by 2 feet to 38 feet. Councilmember Weidner asked if there will be any improvements t o the pedestrian crossing at Laurel Street; and Mr. Giesen answered that bump‐outs were done as part of the 2016 McKusick project. They will look at reconstructing the pedestrian ramps on the north side of that intersection so they are ADA compliant. Councilmember Weidner suggested adding signs or other safety measures so that drivers coming down the hill will have as much advance warning as possible of the pedestrian crossing. Mr. Giesen stated that engineers can look at that. Councilmember Junker asked if traffic on Highway 5 has decreased as predicted with the opening of the new bridge; and Mr. Giesen replied that there has been a 15‐20% decrease in traffic volume along Highway 5 since the bridge opening. The decrease was more pronounced south of Myrtle. City Council Meeting March 5, 2019 Page 4 of 9 Councilmember Polehna noted that a new senior living center is being built at Brick and Olive and the City worked with the church to have Right‐of‐Way dedicated to the City. He asked if the City decides to add turn lanes or widen the road in the future, will that fit into these plans; and Mr. Giesen replied that the County is planning on reallocating the existing pavement width, but not widening the road. He added that he will come back a year from now to request a no parking resolution and approval of the cooperative maintenance and cost share agreement, when more of the details have been worked out. A parking study was done, which helped determine which side of the street should accommodate parking. Mayor Kozlowski stated that guest parking could be an issue. Also, odd/even parking makes no sense if drivers can only park on one side of the street. Councilmember Weidner expressed that he feels the parking study came to the wrong conclusion, and that parking near Stonebridge should be on the opposite side. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2019‐027, a resolution of support for Pedestrian and Safety Improvements (County Project No. C.P. 10509). All in favor. OPEN FORUM Scott Junker, 1001 4th Street North, voiced a complaint about getting a ticket for snow littering after he widened the driveway so his mother and her neighbors could see beyond the snow piles when backing out of their driveways. Police Chief Gannaway indicated that by ordinance, residents are not to plow snow into the street. Snow is supposed to stay on the property. CONSENT AGENDA February 19, 2019 regular meeting minutes Payment of bills Farmer’s Market 2019 event Temporary liquor license for Light a Spark event Police Department request to purchase rifles and accessories Contract for Inspection Services Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case No. 2019‐03, to consider a request by Mark Guenther, to amend the City Zoning Code by modifying City Code Section 31‐308(b)(1) to allow the minimum lot width for a two‐family property in the RB Zoning District to be 65 feet rather than 75 feet. Community Development Director Turnblad reviewed the case. Fenway Land Company, property owner of 8313 and 8393 Marylane Avenue North, has applied for a Zoning Text Amendment (ZAT) which would allow two‐family homes to be constructed on lots 65’ in width (currently 75’ is required). He stated that there are about 2,700 lots in the RB zoning district. 900 of them are at least 75’ wide and do not have a second unit, but are eligible for it. Narrowing the lot width requirement would add 64 more lots to the inventory of lots City Council Meeting March 5, 2019 Page 5 of 9 eligible for a second dwelling unit. The Planning Commission recommended approval 4‐1. The proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan, and staff recommends approval. Councilmember Weidner asked if approving the amendment would prompt a new design for Marylane, squeezing one more lot in; and Mr. Turnblad replied that if this is approved, the developer is not going to add another lot, but this would allow people who buy his lots to put a second dwelling unit in the home. The lots are already 65’ wide. The 10,000 square foot minimum still applies and setback requirements remain the same. Councilmember Weidner commented that the narrower width seems to fit downtown, but he is concerned that it is not consistent with the surrounding neighborhoods to the west. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Mayor Kozlowski stated that he does not have a problem with the narrower lots in older neighborhoods, but he is not sure it fits newer neighborhoods. He is concerned about allowing secondary units in places where neighbors might not want them, due to additional parking and traffic. Mr. Turnblad explained that in the 1970s when the 75’ requirement was enacted, the typical secondary dwelling unit was a side‐by‐side duplex. By contrast, today a secondary dwelling unit is typically an accessory apartment within the main home or in a detached garage in the backyard. The worst case scenario is this would add 65 lots that could have a second unit to the already 900 in the inventory. Motion by Councilmember Collins, seconded by Mayor Kozlowski, to adopt an ordinance amending the Stillwater City Code SEC. 31‐308(b)(1), RB Two‐Family Residential Zoning District Massing Regulation Minimum Standards. Motion failed 2‐3. Ayes: Councilmember Collins and Mayor Kozlowski Nays: Councilmembers Junker, Weidner and Polehna CPC Case No. 2019‐06, to consider a request by CVII Holdings, LLC, property owner, for the consideration of Conditional Use Permit for a large building project in Downtown Stillwater. Property located at 107 Chestnut Street East. Community Development Director Turnblad explained that owners of the Historic Armory property on Chestnut and Third Streets are proposing to remodel and convert the property to eight high‐end market rate apartments, a locally based craft distillery or micro‐brewery, and office space. The Planning Commission held two public hearings on this project, and 1) approved the necessary Special Use Permit for the apartments; 2) approved the Special Use Permit for the craft distillery/micro‐brewery; and 3) recommended approval of both the current and previous site review Conditional Use Permits (CUP). The Downtown Parking Commission found that the parking load of the proposal did not exceed that allowed by City Code and recommended approval of the parking plan for the required on‐site residential parking, which included eight spaces in the garage and seven spaces outside. On February 5, 2019, the City Council denied the initial site review CUP, based on the fact that the indoor parking spaces were all for compact vehicles. Subsequently, the property owners have re‐ designed the interior parking spaces and have re‐applied for the site review CUP. The interior spaces are now all full‐sized spaces, which was made possible by changing the City Council Meeting March 5, 2019 Page 6 of 9 amount of space in the garage dedicated to the craft distillery. The owners are requesting approval of the revised site review CUP. Depending upon the final mix of tenants for the property, three re‐use plans are being considered. Scheme One would include eight market rate apartments, 3,502 square feet of craft distillery (or micro‐brewery) space, and 4,450 square feet of office space. Scheme Two would be 3,772 square feet of craft distiller/micro‐ brewery, seven apartments, and 4,450 square feet of office space. Scheme Three would be eight apartments and 13,600 square feet of office space. Each required parking space has been redesigned to be 9’ x 18’, meeting the zoning code standard for parking stalls. Both the Planning Commission (4‐1 vote) and City staff find the site review to meet the applicable City Code review standards and recommend approval with seven conditions. Staff will bring back a resolution memorializing the decision to the next Council meeting. Mayor Kozlowski opened the public hearing. Matthew Wolf, President of CVII Holdings, LLC, stated that the application meets every written standard in City code. Unless noncompliance can be articulated, approval is warranted. Councilmember Junker asked that if approved, will architects base final plans on demand; and Mr. Wolf answered yes. There was a distillery that was very interested initially, but because of the space reduction they could no longer commit, so they have moved on. Mayor Kozlowski closed the public hearing. Councilmember Weidner stated that he still thinks the parking in the garage is inadequate. Mayor Kozlowski asked that if the office space is not desirable but retail is, will the City have to figure out how to mitigate parking once again? He is concerned that the building has so little parking; and Mr. Turnblad replied that if the developer can not develop under the scenarios and load limits as outlined, they would have to come back and start all over again. Councilmember Junker pointed out for the uses requested, the parking meets the minimum standards. Anything that deviates from that would have to come back. He is much more comfortable with this plan; and Councilmember Collins agreed. Councilmember Polehna stated that he talked to the former commander, who indicated that parking would not work in that garage the way it has been proposed. Motion by Councilmember Junker, seconded by Councilmember Collins, to approve a Conditional Use Permit for a large building project in Downtown Stillwater at 107 Chestnut Street East. Motion failed 2‐3. Ayes: Councilmembers Collins and Junker Nays: Councilmembers Weidner, Polehna, and Mayor Kozlowski UNFINISHED BUSINESS There was no unfinished business. City Council Meeting March 5, 2019 Page 7 of 9 NEW BUSINESS Cruisin’ on the Croix 2019 Car Show Event City Clerk Wolf reported that Cruisin’ on the Croix car show is proposed to be held from 3‐ 8 p.m. every other Wednesday from June 12 to September 18. The event will not take place the week of July 4th nor the week of Lumberjack Days. The organizer requested to use parking lots 4, 5, 8b, 9, 10 and 11, a total of 234 spaces. The Downtown Parking Commission recommends the use of parking lots 4 (partially during construction then; the whole lot when complete), 5, 9 and 11, a total of 111 spaces. The organizer would like to appeal the Downtown Parking Commission recommendation and use parking lots 9 and 11, and instead of lot 4 and 5, they also would like to use part of 8b (53 spaces) adjacent to the trail, a total 128 of spaces. Councilmember Junker noted that Lot 8b is the primary employee permit lot downtown. Frank Fabio, organizer, stated that he knows the River Market has not liked the car show occupying Lot 8b, because they say it brings revenue down on car show days. Mr. Fabio did a survey of car show participants and received 72 responses saying they patronize downtown businesses. He would like to use the river side of Lot 8b, leaving the other side for the businesses. Councilmember Junker stated that he had email from the owner of the co‐op who reported that he has 65 employees upstairs in an attorney’s office who need a place to park. Mr. Fabio pointed out that it is only eight days in the summer. If they can guarantee the employee cars will be gone by a certain time, he can segregate the spots. Mayor Kozlowski encouraged Mr. Fabio to talk to the River Market owner and figure out a way to not have to close off the lot so early in the day. Councilmember Junker remarked that would be difficult to monitor because there would be a lot of people coming and going who are not employees. Mr. Fabio stated that most of the employees get there in the morning. If the car show could have half of 8b, leaving the Water Street side of 8b open, there should not be any problem. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to approve the use of Lots 9, back of 8b, and 11 for the 2019 Cruisin’ on the Croix car show event for the eight dates requested. Motion passed 4‐1 Ayes: Councilmembers Collins, Weidner, Polehna and Mayor Kozlowski Nays: Councilmember Junker Declaring 2019 State of Emergency Resolution Police Chief Gannaway requested approval of a resolution declar ing a State of Emergency in anticipation of the St. Croix River flooding. He reported that the National Weather Service is predicting that the St. Croix River has a 50‐75% chance of reaching moderate flood stage (688’), and a 25‐50% chance of major flood stage (689’) in the beginning of April. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2019‐028, resolution declaring a State of Emergency. All in favor. City Council Meeting March 5, 2019 Page 8 of 9 Accept 2019 Street Improvement Project Feasibility Report Public Works Director Sanders listed the streets proposed for improvement in 2019. They are located in the Oak Street neighborhood, Croixwood, the Broadway Street area and Second Street North. The total estimated cost of the project is $2,143,427.95, including design, surveying, inspection, administration, and contingencies. The project would be funded through assessments, permanent improvement bond and State Aid funds. Staff recommends that the Council accept the feasibility report for the 2019 Street Improvement Project and order a public hearing to be held on April 2, 2019. Reabar Abdullah, Assistant City Engineer, explained the project specifics and proposed assessments. Construction will take place June‐October 2019. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2019‐029, resolution receiving report and calling hearing on the 2019 Street Improvement Project (Project 2019‐02). All in favor. Order Feasibility Report for 2019 Sidewalk Rehabilitation Project Public Works Director Sanders stated that staff recommends that the Council consider a sidewalk rehabilitation project for 2019 and authorize staff to prepare a feasibility report. A project was approved in 2018, but staff felt the bid received was too high and did not proceed with a project. Sidewalk replacements are paid 50% from City funds and 50% from assessments to the adjacent property owner. Sidewalks to be included in the project are those that are severely cracked, heaved, settled, or misaligned, such that they may cause people to trip. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2019‐030, resolution ordering preparation of a report for the 2019 Sidewalk Rehabilitation Project (Project 2019‐06). All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna updated the Council on the legislative lobbying effort for the Highway 36/Manning Avenue project. He stated that plans are being put together for a grand opening of the refurbished lift bridge on August 2 & 3, to be called the St. Croix River Lift and Loop Celebration. He would like authorization for $5,000 from the events fund to hire the band. Motion by Councilmember Weidner, seconded by Councilmember Collins, to approve the expenditure of up to $5,000 in funding for the St. Croix River Lift and Loop Celebration. All in favor. RECESS TO CLOSED SESSION Recess of regular Council meeting to move into Riverview Room for closed session meeting. Motion by Councilmember Weidner, seconded by Councilmember Polehna to go into closed session pursuant to Minn. Stat. 13D.05 subd. 3(c) to discuss 121 Chestnut Street East. All in favor. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna City Council Meeting March 5, 2019 Page 9 of 9 Also present: City Administrator McCarty, City Attorney Land, Community Development Director Turnblad Motion by Councilmember Junker seconded by Councilmember Weidner to reopen the meeting at 10:05 p.m. All in favor. Motion by Councilmember Polehna seconded by Councilmember Junker to adjourn. All in favor. The meeting was adjourned at 10:06 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2019‐026, resolution authorizing execution of a First Amendment to Contract for Private Development and an Estoppel Certificate Resolution 2019‐027, a resolution of support for Pedestrian and Safety Improvements (County Project No. C.P. 10509) Resolution 2019‐028, resolution declaring a State of Emergency Resolution 2019‐029, resolution receiving report and calling hearing on the 2019 Street Improvement Project (Project 2019‐02) Resolution 2019‐030, resolution ordering preparation of a report for the 2019 Sidewalk Rehabilitation Project (Project 2019‐06) Page 1 LIST OF BILLS A-1 Hydraulic Sales & Service Equipment repair supplies 491.13 Ace Hardware Supplies 23 .38 Acme Tools Equipment 1,265 .00 Advance Auto Parts Equipment repair supplies 70.22 Advanced Sportswear Uniforms 48.00 ALPHA Training Training -Young 650 .00 Ancom Communication Inc. Supplies 138.00 Armor Security Inc. Quarterly Monitoring Service 84.00 Arnt Construction Snow Hauling 12,744.00 Arrow Building Center Azek sheets 435 .67 Aspen Mills Uniform 277.82 AutoNation Auto maint supplies 25 .00 Bear Robert & Amanda UB Refund 85 .15 BHE Community Solar Solar Garden 3,045 .03 Blue Tarp Financial Supplies 259.05 BlueCross BlueShield of MN Inc. Retiree Health Ins 2,938.00 Boyer Trucks Equipment repair supplies 394 .51 CDW Government Inc. Equipment 432.11 Century College Training 594.00 Century Link Telephone 263.96 Century Power Equipment Equipment repair supplies 112.82 Cintas Corporation Uniform & mat cleaning service 710.47 Clareys Safety Equipment Equipment repair supplies 70.86 Clifton LarsonAllen LLP Audit 5,500.00 Comcast Internet & Voice 371.94 Compass Minerals America Inc Salt 23,041.07 Computer Integration Technologies Project management 102.00 DLT Solutions LLC Software subscription 2,660.78 ECM Publishers Miller permit 47 .50 ECSI System Integrators Monitoring 825.00 EdgeTech Systems Paging & station alerting equipment 6,273 .00 Element Materials Technology Construction materials testing 217.00 Enterprise FM Trust Lease vehicles 5,940.20 Fastenal Company Equipment repair supplies 615 .30 Fleet Pride Equipment repair supplies 4.10 Galls LLC Oakley fine knit beanie -Gannaway 21.35 Gimpel Wendy UB Refund 25.00 Gopher State One Call Inc. Locates 45.90 Grainger Janitorial supplies 906 .03 Hoisington Koegler Group Inc Comprehensive plan update 520.00 Holiday Companies Vehicle washes 150.00 Hudson Rod Gun & Archery Club Range use 100.00 Idea Center Feedback System 467 .50 Jefferson Fire and Safety Inc . Boots, pants and tails 2,215.06 Jordan Joel Reimburse for work boots 99.99 Page Z Kath Companies Oil master synthetic 1,567 .00 Kelly & Lemmons PA Prosecution 8,333.00 Kwik Trip Inc Fuel 13.76 Laerdal Medical Corporation Little Anne QCPR Upgrade Kit 874.94 League of MN Cities Ins Tr Insurance 215,702.00 League of MN Human Rights Commissions 2019 Member Commission Dues 100.00 Levander Gillen Miller PA Professional services 15,733.48 Lincoln National Life Insurance Co COBRA Life Insurance 7.20 Lynn Peavy Company Supplies 361.70 MacQueen Equipment Inc . Equipment repair charges 3,286.50 Mansfield Oil Company Fuel 13,344.11 Menards Supplies 1,855.57 Metropolitan Council Wastewater Charge 153,390.29 Miller Excavating Snow hauling 7,827.47 Minnesota Occupational Health Drug test 318.20 National Reprographics LLC Scans 1,542.25 NEOPOST USA Inc . Postage machine ink 195.00 Northern Technologies 2019 Streets 5,450.00 Northland Graphics Custom stamper 16.95 Office Depot Supplies 670.48 OnSite Sanitation Portable Restroom 463.00 Patchin Messner Appraisals Appraisal 1,086.25 PDQ .com PDQ software 1,350.00 Performance Plus LLC Chest Xray 97 .00 Pirtek Midway Equipment repair supplies 265 .72 Polar Plastics Black poly film 1,815.00 Pullen Annette Marie Therapy 90 .00 Quill Office Supply Office supplies 222.41 Rehn Code Consulting Services Plan review 558.13 River Valley Printing Inc. White envelopes 664.00 Safe Fast Inc Safety jacket & glasses 141.42 Schaab Inc Notary stamp 30.25 Simplifile LC Filing fees SO.OD Stillwater Gazette Subscription -Planning 42 .00 Stillwater Motor Company Vehicle repair charges 304 .99 Street Cop Training Training 199.00 Streichers Uniforms -Felsch 109.98 SW/WC Service Cooperatives AP COBRA Health Insurance 73,706.95 Tessman Seed Co. St. Paul Ice melt 475.00 Thomson Reuters Information Charges 141.94 Titan Machinery Shakopee Equipment repair supplies 714.25 Toll Gas and Welding Supply Cylinders 40.63 Voyant Communications Phone 524.42 Washington County Property Records Year End Reports 285.00 Wenck Construction City Hall Project 17,609.12 Wonderware Midwest Sewer machine software 600.00 Zahl Petroleum Maintenance Co. Equipment repair supplies 179.02 Page 3 Zarnoth Brush Works Inc. Equipment repair supplies 423.50 Ziegler Inc. Equipment repair supplies 9,410.38 REC CENTER 4Front LLC Dasher 80.00 Ace Hardware Supplies 201.98 Advance Auto Parts Equipment repair supplies 120.68 AT&T Mobility Cell phone 71.18 Becker Arena Products Equipment repair supplies 667.86 Century Link Telephone 63.27 Cintas Corporation Mat cleaning service 51.50 Coca-Cola Distribution Beverages for concessions 1,068.24 Cub Foods Concession supplies 6.99 Daleo Supplies 150.78 Holiday Credit Office Fuel 475.23 Ice Skating Institute Skater member 165.00 Menards Equipment repair supplies 69.91 Pepsi Beverages Company Beverages for concessions 250.21 R&R Specialties Inc. Blade sharpening 1,060.00 Riedell Shoes Inc. Skates 635.26 Twin Cities Dots & Pop Treats for concessions 668.64 Ulinelnc Desk Direct Thermal Label 204.83 CREDIT CARD Active911 Inc Membership 70.00 Amazon.com Supplies 171.26 AMEM Membership 200.00 Assn of Training Officers of MN Training 800.00 Backgroundchecks.com Back ground checks 167.25 Constant Contact Prepayment for email newsletter 405.00 GTS Educational Events 2019 Governors Conference 350.00 Minnesota Sheriffs Association Training 80.00 MN State Fire Chiefs Assn Membership 150.00 NREMT Renewal fee 60.00 Renewed Vision Software for Chambers AV System 399.00 Sam's Club Supplies 59.49 University of MN CCE Registration Annual meeting 375.00 West Marine Oil 92.62 LIBRARY Ace Hardware Janitorial Supplies 185.84 Brodart Co Materials 3,241.57 Cengage Learning Adult Fiction 37.49 Friends of the Stillwater Public Library Friends Reimbursement 278.50 Page4 Haussner Plumbing LLC Water Bottle Filling Station 1,675.00 Jacobsen Aurora Microwave (Staff Reimbursement) 116.77 Loffler Companies Library IT Project 2,275.00 Master Mechanical Inc. Jan. 30 Heating Incident 451.00 Menards Janitorial Supplies 62.05 Mercury Electric Library IT Project 750.00 Quill Corporation Supplies 294.42 Recorded Books Inc Materials 37.01 Xcel Energy Energy 5,609.39 LIBRARY CREDIT CARDS Action Rental Inc. Turbo Fans 51.10 Amazon.com Supplies 226.03 Dream Host DreamPress VPS 204.90 Pioneer Press St. Paul Publication 8.17 FEBRUARY MANUALS Board of Water Commissioners Final tax settlement 328.20 Bridgewater Bank Tax Increment payments 16,309.34 Broda rt Library Materials 1,793.96 Coit Cleaning & Restoration Library vinyl tile clean strip wax 1,475.00 Corval Group Equipment repair 12,910.67 Elevage Hotel Group Tax Increment payments 862.97 Group Medicareblue RX Retiree Ins Prescriptions 2,752.50 Holiday Companies Vehicle Washes 300.00 Lake Country Door Garage doors 16,891.75 Lake Elmo Bank Tax Increment payments 16,309.34 Midwest Tape Library Materials 29.66 Nedland Industries Roll off containers 9,560.00 SW/WC Service Cooperatives COBRA & Retiree Health Insurance 1,089.39 Washington County Public Works CASH 24 & 23 424,319.17 Waste Management 2nd half & Final Garbage Certification 45,743.36   DATE: March 6, 2019 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Issuance of New Wine with Strong Beer Liquor License – La Carreta DISCUSSION: An application for a new Wine & Strong Beer liquor license for La Carreta has been received from the Alma Anette Dominguez Vargas. The premises is located at 1754 Market Drive, #100. RECOMMENDATION: Staff recommend approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). It should be noted that AGED approval is the last approval required before staff issue the actual license to the establishment. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion approving the issuance of a new Wine & Strong Beer Liquor License to La Carreta, LLC., DBA La Carreta effective March 20, 2019, contingent upon satisfactory investigation, inspections, and required approvals. TO: Mayor and Council Members FROM: Abbi Jo Wittman, City Planner MEETING DATE: March 19, 2019 RE: 2019 Fee Schedule Additions In January of this year the Council adopted regulations relating to the management of Small Wireless facilities in the public Rights-of-Way. At the time of the Ordinance adoption, the City did not update its 2019 Fee Schedule to include Small Wireless Facility permits. Additionally, the 2019 Fee Schedule requires a fee for a Right-of-Way Vacation request. However, there is no fee for other types of Vacation requests (such as a vacation of a public easement). The attached Resolution amends the 2019 Fee Schedule by adding a Small Wireless Permit fee and escrow. The $50 application fee is for administrative processing; the $5,000 escrow is for SEH to review the permit application on behalf of the City. The Resolution also amends the Street ROW vacation request to read: Public ROW or Public Easement Vacation. RECOMMENDATION Staff recommends approval of the additions to the 2019 Fee Schedule. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION AMENDING RESOLUTION 2018-273 ADOPTING 2019 FEE SCHEDULE. RESOLUTION AMENDING RESOLUTION 2018-173 ADOPTING 2019 FEE SCHEDULE WHEREAS, the Stillwater City Council adopted Resolution 2018-173 entitled “Resolution adopting 2019 Fee Schedule” on December 18, 2018; and WHEREAS, the City of Stillwater has determined it shall charge necessary fees and retain escrows for the processing of Small Wireless Facility permits and collocation agreements; and WHEREAS, the City of Stillwater’s Street Vacation fee should be applicable to all public vacation, including easement, requests. NOW THEREFORE, BE IT RESOLVED that Resolution 2018-173 is hereby amended to reflect the following: Fee Street Public ROW or Public Easement Vacation $350 NOW THEREFORE, BE IT FURTHER RESOLVED that Resolution 2018-173 is hereby amended to include the following: Engineering Permits Fee Escrow Small Wireless Facility $50 per device $5,000 Adopted by Council this 22nd day of January 2019. ________________ _____________ Ted Kozlowski, Mayor Attest: ______________________ _________ Beth Wolf, City Clerk TO: Mayor and City Council Members FROM: Bill Turnblad, Community Development Director DATE: March 12, 2019 RE: Municipal Lease for Public Boat Slips BACKGROUND With the adoption of the Bridgeview Park Plan there was considerable discussion about locating a municipal dock just south of Downtown Stillwater. During public discussions related to potential dock locations and alternatives, the idea was introduced that the City might want to explore leasing the existing transient slips from the St Croix Boat & Packet Company. Consequently, a lease was negotiated. Terms of the 2015 - 2018 leases were: 1) City would lease the slips for the boating season at a cost of $16,000. 2) Electricity and water would be available for private purchase from St. Croix Boat & Packet. 3) Use of slips would be free to the public (except for electricity and water service). 4) Overnight stays would be allowed at the four most southerly slips. (And only at these four slips.) 5) No boat may stay more than three consecutive nights. DOCKING & SERVICES The public slips have been very well received by the boating public. The transient slip area of St Croix Boat’s docks took on a completely different atmosphere when free public docking was introduced. Rather than being dominated by a few larger boats that would dock for extended periods of time, the area was used by many smaller craft that spent only a few hours. In other words, it shifted from a private marina to a public dock. Page 2 of 2 REQUEST The facility has been successful and staff requests the City Council to renew the lease for the 2019 boating season. Terms of the 2019 lease are proposed to remain the same as in previous years. ALTERNATIVES 1) Approval. If the Council is satisfied with the lease and the terms, then the Council could adopt the attached Resolution approving the lease (also attached). 2) Approval with modifications. If the Council is generally satisfied with the lease, but does not find all details to be acceptable, then the Council could direct staff to negotiate specific amendments and bring the lease back to the next Council meeting. 3) Denial. If the Council does not support extending the lease, then a simple motion to deny and majority vote would formalize the position. 4) Table. If the Council would like more information on the lease, table the item for consideration at a future Council meeting. bt Attachments: Resolution of Approval Lease RESOLUTION APPROVING LEASE OF DOCK SPACE FROM ST CROIX BOAT & PACKET WHEREAS, the City Council of the City of Stillwater wishes to provide short term docking to the boating public for free; and WHEREAS, St Croix Boat & Packet, has agreed to grant the City of Stillwater a Lease of Dock Space on docks they own on the St Croix River, in the location shown in Exhibit A. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby approves the above described lease between St Croix Boat & Packet and the City of Stillwater, dated _________________, 2019 subject to the terms found in the lease as well as the following terms and conditions: 1) St Croix Boat & Packet will offer electricity and water to the boating public at a reasonable price. 2) Use of slips will be free of charge to the public. 3) Overnight stays will be allowed at the four most southerly slips. But only at these four slips. 4) Overnight stays are limited to three consecutive nights. Adopted by the Stillwater City Council this 19th day of March, 2019. _____________________________ Ted Kozlowski, Mayor ATTEST: __________________________ Beth Wolf, City Clerk Exhibit A LEASE St. Croix Boat and Packet, Lessor, hereby grants to The City of Stillwater, Tenant, a Lease of the Dock Space on the St. Croix River as shown on the map attached as Exhibit ‘A’, Stillwater, Minnesota 55082, on the following terms: 1. Rent of $16,000 for the 2019 boating season, amounts due on the 1st of each month beginning May 1st, 2019 through October 1st, 2019 to be mailed to Lessor at the following address: 225 Nelson Street, Stillwater, MN 55082. 2. Lessor shall pay the following expenses: electricity, if any, and garbage removal and any needed insurance on the Lessor’s premises not under lease to Tenant. Lessor must allow public ingress and egress across their property to access the Leased Premises. 3. Tenant must keep the space clean and in good condition. Reasonable wear and tear is permitted; however, any unreasonable damage to the premises will be assessed by inspection and the cost of any repairs will be paid by Tenant. 4. Tenant must notify Lessor before performing any improvements or repairs. 5. Tenant is responsible to provide insurance coverage for Tenant’s use of the property and equipment, and any business or public activity it conducts on the premises, including liability insurance equal to the municipal tort limits established by Minnesota law. 6. Tenant’s rights under the Lease are exclusive to Tenant and non–assignable, and may not be sublet, except by written approval of the Lessor. 7. Lessor and Tenant must provide to the other contact information, including telephone numbers that the Lessor and Tenant can reach one another at and emergency telephone numbers of persons to be contacted in case of emergency. IN WITNESS WHEREOF, The City of Stillwater, Tenant, and St. Croix Boat and Packet, Lessor, have executed this Lease this ____ day of ______________, 2019. TENANT: LESSOR: The City of Stillwater St. Croix Boat and Packet Exhibit A CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION DENYING A ZONING TEXT AMENDMENT TO THE RB TWO-FAMILY ZONING TO ALLOW A MINIMUM WIDTH FOR TWO-FAMILY PROPERTIES CPC CASE NO. 2019-03 WHEREAS, the Fenway Land Company has requested a Zoning Text Amendment to City Code Section 31-308(b)(1), the RB two-family district Massing Regulations Minimum standards to reduce the Minimum Lot Width to 65’; and WHEREAS, according to the established process, on February 27, 2019, the Planning Commission heard the request and recommended conditional approval to the City Council; and WHEREAS, on March 5, 2019, the City Council heard the request and determined the findings required for City Code Section 31-205, Zoning Map and Zoning Text Amendment, could not be established. NOW, THEREFORE, BE IT RESOLVED, that the Council denies the Zoning Text Amendment. Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of March, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk MEMORANDUM TO: Mayor and City Council ~. FROM: Shawn Sanders Director of Public Works DATE: March 1, 2019 SUBJECT: Possible Purchase of Loader Background The Public Works Department currently has three loaders in the department primarily for plowing and clearing of snow on our streets and cul-de-sacs. They are used on three of the City's ten plow routes in the wintertime and are the best piece of equipment when come to plowing cul-de-sacs on larger snow events. The age of three of the loaders range 10 to 20 years . Other uses for the loaders include stacking snow, loading trucks of materials and operating the snow blower attachment for snow removal. Public Works has budgeted $220,000.00 to purchase a piece snow plowing equipment for 2019. Discussion In looking at winter operations, we have identified that we struggle in clearing of cul-de-sacs during snow events. (Cul-de-sacs are plowed by our one ton trucks and they cannot handle plowing in larger snow events). We are proposing to add a new loader for plowing streets and use the existing loader on a cul-de-sac route. This should make us more efficient in our plowing of the City. Staff has received quotes on state bid for a Caterpillar 926M loader from Ziegler CAT in Bloomington MN for $170,050.00. Staff has also researched three different manufactures for the plow and wing assembly and have chosen Universal Truck Equipment, Inc. from Galesville, WI is the best fit for the city's plow operation because of its rugged construction, ease of operation, ability for stacking snow and quick on and off attachment. Universals quote was $41,946.00 for manufacture and installation of their equipment. Additional equipment needed for the loader are Analog/Digital radio from Ancom Communications Inc. for $1268.00 and GPS tracking from TEC Inc . for $3650.00. Recommendation Staff recommends the purchase of the following items for a new loader, Caterpillar loader from Ziegler CAT in Bloomington MN, manufacture and installation ofthe plow and wing assembly from Universal Truck Equipment, Inc ., Analog/Digital radio from Ancom Communications Inc . and GPS tracking from TEC Inc. The total of this purchase of these items is $216,914 .00 and these funds will come from the 2019 Street Capital Outlay Fund . o In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability, as provided above, but in no event shall such death benefit exceed 60 percent of hours available for severance. • Union Security -Language referring to "fair share" deduction is deleted RECOMMENDATION The proposed Labor Agreement between the City of Stillwater and the International Association of Firefighters is consistent with direction from City Council for labor negotiations. The International Firefighters Association membership has ratified the 2019-2020 labor agreement. Increased contract costs are included in the proposed 2019 budget. Therefore, staff recommends adoption of the resolution entitled "Approving the 2019-2020 Labor Agreement between the City of Stillwater and International Association of Firefighters." APPROVING THE 2019-2020 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the 2019-2020 Labor Agreement between the City of Stillwater and the International Association of Firefighters, as on file with the City Clerk is hereby approved with the following changes: •Contract Duration - 2 year agreement, January 1, 2019 through December 31, 2020 •Wages -General Wage Increase: 3.0% increase effective January 1, 2019; 3.0% increase effective January 1, 2020 •Health Insurance -Employer contribution to $1,211.86 per month per member toward group health insurance effective January 1, 2019, and increase employer contribution to $1,231.86 per month per member toward group health insurance effective January 1, 2020 (plan design changes to High Value Network on all three plans effective April 1, 2019, contingent on the ability of the City to make the plan design changes) •Life Insurance - Employer will provide a term life insurance policy for each employee and coverage increases from $20,000 to $30,000 •Sick Leave o Schedule of sick leave accrual adjusted to convert half pay weeks to full pay weeks and delete reference to half pay weeks o Employees hired by the City on or after January 1, 2019, full-time working 40 hours per week will accrue sick leave at the rate of 8 hours/month to a maximum of 1040 hours. Up to a maximum of 1040 hours of unused sick leave benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten (10) years of service with the City. o Employees hired by the City on or after January 1, 2019, full-time working 56 hours per week will accrue sick leave at the rate of 12 hours/month to a maximum of 1456 hours. Up to a maximum of 1456 hours of unused sick leave benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten (10) years of service with the City. o In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability, as provided above, but in no event shall such death benefit exceed 60 percent of hours available for severance. •Union Security-Language referring to "fair share" deduction is deleted BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 19 day of March, 2019. ATTEST: Ted Kozlowski, Mayor Beth Wolf, City Clerk CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION DENYING A SITE REVIEW CONDITIONAL USE PERMIT FOR THE HISTORIC ARMORY AT 107 CHESTNUT STREET EAST CPC CASE NO. 2019-06 WHEREAS, Matt Wolf, CVII Holdings, Inc., has requested an application for approval of a site review Conditional Use Permit for the conversion of the Historic Armory property at 107 Chestnut Street East to residential and commercial uses; and WHEREAS, on January 17, 2019 the Downtown Parking Commission considered the parking plan for the Historic Armory project; and WHEREAS, on February 27, 2019 the Planning Commission held a public hearing on the site review Conditional Use Permit and on a unanimous vote recommended that the City Council approve it with certain conditions; and WHEREAS, on March 5, 2019 the City Council held a public hearing on the site review Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Stillwater, Minnesota, finds that: 1. The aisle proposed for the parking garage is only 20 feet 4 inches wide. For a two-way traffic aisle such as proposed, a 24 foot wide aisle is desirable. The narrower aisle makes maneuvering into and out of the stalls challenging. 2. There is no turn-out space south of the last parking stall. With only a 20 foot 4 inch wide traffic aisle, the lack of turn-out space makes maneuvering out of the two most southerly parking stalls difficult. With larger vehicles, the last two stalls are likely not useable. 3. Consequently, the parking plan is inadequate for the proposed development scenarios. Page 2 of 2 BE IT FUTHERED RESOLVED, that the Council denies the site review Conditional Use Permit. Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of March, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1 557840v3 SEL BE250-20 CITY OF STILLWATER, MINNESOTA RESOLUTION NO. ____________ RESOLUTION CALLING FOR A PUBLIC HEARING AND APPROVING PUBLICATION OF A NOTICE OF PUBLIC HEARING WITH RESPECT TO HOST CITY APPROVAL OF THE ISSUANCE OF REVENUE BONDS BY THE CITY OF BETHEL UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED WHEREAS, each home rule and statutory city of the State of Minnesota is authorized and empowered by the provisions of Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”), to develop and administer programs for making loans pursuant to the terms of the Housing Act to finance multifamily housing developments, comprised of a building or buildings which include one or more dwelling units, each to be rented by a person or family for use as a residence; and WHEREAS, Birchwood Landing, LLC, a Delaware limited liability company (the “Company”), the sole member of which is ILHC of Stillwater, LLC, a Delaware limited liability company (the “Parent Company”), the current sole member of which is Intergenerational Living & Health Care, Inc., a Minnesota nonprofit corporation, has proposed the issuance of revenue obligations pursuant to the Housing Act in the aggregate principal amount not to exceed $15,000,000 (the “Bonds”), the proceeds of which will be applied to make a loan (the “Loan”) to the Company to be applied by the Company to: (i) finance the costs of the acquisition, construction and equipping of a multifamily rental housing development, comprised of 12 buildings including approximately 31 units, with one unit to be used as a clubhouse, for occupancy by persons who are 55 years of age or older to be located at or about Bridgewater Way, south of 75th Street N. and north of 72nd Street N. in the City of Stillwater (the “Project”); (ii) the funding of one or more reserve funds to secure the timely payment of the Bonds; (iii) the payment of a portion of the interest on the Bonds; and (iv) the payment of a portion of the costs of issuing the Bonds; and WHEREAS, the Bonds are proposed to be issued as “qualified 501(c)(3) bonds,” as defined in Section 145 of the Internal Revenue Code of 1986, as amended (the “Code”), and, if issued by the City of Stillwater (the “City of Stillwater”), the Bonds would be included in determining whether the $10,000,000 limit for bank-qualified bonds would be exceeded by the City of Stillwater in calendar year 2019; and WHEREAS, the City of Stillwater intends to issue general obligation bonds in calendar year 2019 which it wishes to designate as bank-qualified bonds but which could not be designated as bank-qualified bonds if the City of Stillwater also issued the Bonds; and WHEREAS, the City of Bethel, a statutory city duly organized and existing under the Constitution and laws of the State of Minnesota (the “City of Bethel”), does not expect to issue general obligation bonds in calendar year 2019 and, therefore, is willing to issue the Bonds; and WHEREAS, in accordance with the requirements of Section 462C.04, subdivision 2, of the Housing Act, a housing program with respect to the Project (the “Housing Program”) must be prepared in accordance with the requirements of the Housing Act and submitted to the Metropolitan Council for its review and comment; and 2 557840v3 SEL BE250-20 WHEREAS, in accordance with Section 462C.14, subdivision 3, of the Housing Act, two or more cities, under the provisions of the Housing Act and Minnesota Statutes, Section 471.59, as amended, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, and may provide for the exercise of such powers by one of the participating governmental units; and WHEREAS, under the provisions of Minnesota Statutes, Section 471.656, as amended, no municipality may issue obligations to finance the acquisition or improvement of real property located outside the corporate boundaries of the issuer unless, for property constituting a single project located in a city, the governing body of the city in which the project is located consents by resolution to the issuance of such obligations; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and regulations promulgated thereunder, require that prior to the issuance of the Bonds as tax-exempt bonds the interest on which is not includable in gross income for federal income tax purposes the City Council of the City of Stillwater must grant host approval to the issuance of the Bonds by the City of Bethel after conducting a public hearing thereon preceded by publication of a notice of public hearing in the form and manner required by Section 147(f) of the Code and applicable regulations); and WHEREAS, Section 462C.04, subdivision 2 of the Housing Act requires a public hearing to be held on the Housing Program after one publication of notice in a newspaper circulating generally in the City, at least fifteen (15) days before the public hearing date; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1.The City Council shall conduct a public hearing at its regular meeting on Tuesday, April 16, 2019, on or after 7:00 p.m., with respect to the Housing Program and granting host approval by the City of Stillwater to the issuance of the Bonds by the City of Bethel to finance the Project as requested by the Company. Following the public hearing the City Council will consider a resolution: (i) approving the Housing Program, (ii) approving a Cooperation Agreement between the City and the City of Bethel pursuant to which the City will authorize the City of Bethel to issue the Bonds to finance the Project; and (iii) granting host approval to the issuance of the Bonds. 2.The form of public hearing notice attached as EXHIBIT A to this resolution is hereby approved and publication of the public hearing notice, not less than fifteen (15) days prior to the date of the public hearing, in the Stillwater Gazette, a newspaper of general circulation in the City of Stillwater, is hereby approved, ratified, and confirmed. 3.Kennedy & Graven, Chartered, acting as bond counsel in connection with the issuance of the Bonds by the City of Bethel (“Bond Counsel”), is hereby authorized and directed to prepare and submit to the City a draft Housing Program to be undertaken by the City and the City of Bethel with respect to the Project and the issuance of the Bonds by the City of Bethel, in an aggregate principal amount not to exceed $15,000,000, to finance the acquisition, construction, and equipping of the Project. Bond Counsel is further hereby authorized and directed to submit the Housing Program on behalf of the City and the City of Bethel to the Metropolitan Council for its review and comment on or before the date of publication of the notice of public hearing. A-1 EXHIBIT A FORM OF NOTICE OF PUBLIC HEARING CITY OF STILLWATER, MINNESOTA NOTICE OF PUBLIC HEARING WITH RESPECT TO GRANTING HOST APPROVAL TO THE ISSUANCE OF REVENUE BONDS BY THE CITY OF BETHEL TO FINANCE A MULTIFAMILY HOUSING DEVELOPMENT LOCATED IN THE CITY OF STILLWATER, IN ACCORDANCE WITH THE PROVISIONS OF MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED; AND APPROVING A HOUSING PROGRAM FOR THE MULTIFAMILY HOUSING DEVELOPMENT NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater, a home rule city of the State of Minnesota (the “City”), will hold a public hearing on Tuesday, April 16, 2019, on or after 7:00 p.m. at City Hall, 216 4th Street North, in the City on a proposal to approve the issuance by the City of Bethel, a statutory city of the State of Minnesota (“Bethel”) of revenue bonds in one or more series (the “Bonds”) under the provisions of Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”), to finance a multifamily housing development to be located in the City. The proceeds derived from the sale of the Bonds are proposed to be applied to make a loan (the “Loan”) to Birchwood Landing, LLC, a Delaware limited liability company (the “Borrower”), the sole member of which is ILHC of Stillwater, LLC, a Delaware limited liability company (the “Parent Company”). The current member of the Parent Company is Intergenerational Living & Health Care, Inc., a Minnesota nonprofit corporation. (The Goodman Family Operating Foundation, a Minnesota nonprofit corporation may be admitted as an additional member of the Parent Company.) The proceeds of the Loan are proposed to be applied by the Borrower to the following: (i) the acquisition, construction and equipping of a multifamily rental housing development, comprised of 12 buildings including approximately 31 units, with one unit to be used as a clubhouse, for occupancy by persons who are 55 years of age to be located at or about Bridgewater Way, south of 75th Street N. and north of 72nd Street N. in the City (the “Project”); (ii) the funding of one or more reserve funds to secure the timely payment of the Bonds; (iii) the payment of a portion of the interest on the Bonds; and (iv) the payment of a portion of the costs of issuing the Bonds. The Project will be owned and operated by the Borrower. The Project will be managed by The Goodman Group, LLC, a Minnesota limited liability company. Following the public hearing, the City Council will consider the adoption of a resolution: (i) approving a Housing Program with respect to the Project prepared in accordance with the requirements of the Housing Act, (ii) approving a Cooperation Agreement between the City and Bethel pursuant to which the City will authorize Bethel to issue the Bonds to finance the Project; and (iii) granting host approval to the issuance of the Bonds. The combined original aggregate principal amount of the Bonds will not exceed $15,000,000. The Bonds will be issued by Bethel and will constitute limited obligations of Bethel payable solely from the revenues expressly pledged to the payment thereof, and will not constitute general obligations of the City or of Bethel, and will not be secured by any taxing powers of the City or of Bethel, nor any assets or property of the City. A copy of the Housing Program has been submitted to the Metropolitan Council as required by the terms of the Housing Act and is on file in the offices of the Finance Director of the City. Anyone desiring to be heard during this public hearing will be afforded an opportunity to do so. Written comments will be considered if submitted to the attention of the Finance Director on or before the date of the public hearing. Dated [Date of Publication] BY ORDER OF THE CITY OF STILLWATER Adopted by the City Council of the City of Stillwater, Minnesota, this March 19, 2019. CITY OF STILLWATER, MINNESOTA Mayor ATTEST: 10. 10:20 11. 10:35 Executive (Closed) Session -Public Works A. An executive closed session to review the appraisal for the property located at 11523 Grey Cloud Trail South, Cottage Grove, MN as it pertains to its potential purchase for inclusion into the Grey Cloud Island Regional Park. Adjourn 12. 10:40-11 :20 Board Workshop with Public Health and Environment -Maureen Hoffman, Planner I A. Review and accept the proposals and grant recommendations for the 2019 Local Aquatic Invasive Species (AIS) 2019 Prevention Aid grant funding. 13. 11 :25-11 :55 Board Workshop with Public Works -Erik Jalowitz, Building Services Capital Projects Manager A. Board workshop to review the current status of Library projects. 14. 11:55-12:10 Break 15. 12:10 Finance Committee Assistive listening devices ore available for use in the County Boord Room If you need assistance due ta disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER 5 . 6. 7. 8 . 9:40 9:50 10:10 B. Award the bid to and authorize execution of Contract 12367 in the amount of$260,427.45 with Alcon Excavating, Inc. for the County State Aid Highway (CSAH) 21 (Stagecoach Trail) Culvert Replacement Project. C. 1. Award the bid to and authorize execution ofContractNo. 12366 in the amount of$199,650 with Asphalt Surface Technologies Corporation for 2019 road crack sealing. 2. Approve Cooperative Agreement No. 12240 between the Town of Baytown and Washington County for crack sealing. General Administration -Molly O'Rourke, County Administrator A. Legislative Update Commissioner Reports -Comments -Questions This period of time shu/1 be Wied by the Commissioner.f to report to the full Board on committee acti\>ilies, make commenl,fi on ma(lers of interest and injOrmalion, or raise ques/ions lo the staff. This action i,\' not intended to result in suh.\·tantive hoard aclion during thi.'I time , Any action necessary because of discu.,·sion will be scheduled.for aJ i11ure board meeting. Board Correspondence Adjourn 9 . 10:15-10:45 Board Workshop with Property Records and Taxpayer Services -Bruce Munneke, County Assessor A. Review assessment year 2019/pay 2020 property valuations. 10. 10:50-11:20 Board Workshop with Community Services -Chris Sorensen, Director A. Present information on local and regional work for unsheltered homelessness. 11 . 11 :25-11 :40 Break 12. 11 :45-12:05 Board Workshop with Administration -Kevin Corbid, Deputy County Administrator A. Workshop to review county legislative issues. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER