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CITY COUNCIL MEETING MINUTES
April 16, 2019
REGULAR MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:07 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
Library Director Troendle
City Clerk Wolf
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
PETITIONS, INDIVIDUALS, DELEGATIONS &COMMENDATIONS
Proclamation: Stillwater High School Boys Swimming&Diving Team Diver Josiah Fick
Mayor Kozlowski read a proclamation designating April 19, 2019 "Josiah Fick Day"
acknowledging Mr. Fick's accomplishments as a junior on the Stillwater High School Boys
Swimming& Diving Team.
Proclamation: Stillwater High School Boys Wrestling Team and Wrestler Reid Ballantyne
Mayor Kozlowski read a proclamation designating April 17, 2019 "Stillwater Area High
School Boys Wrestling Team Day"acknowledging the accomplishments of the team. He then
read a proclamation recognizing the accomplishments of team member Reid Ballantyne and
proclaiming April 18, 2019 as "Reid Ballantyne Day."
Proclamation: Stillwater High School Girls Basketball Team
Councilmember Polehna read a proclamation designating April 22, 2019 "Stillwater Area
High School Girls Basketball Team Day" acknowledging the team's accomplishments. He
recognized Sara Scalia and fellow team members Alexis Pratt, Liza Karlen and Grace Cote.
Discover Stillwater Annual Report
Chuck Dougherty, president of the Convention and Visitor Bureau and Christie Rosckes,
Marketing Director,presented the Discover Stillwater Annual Report.They summarized the
Chamber's marketing strategy and discussed use of the Lodging Tax, marketing materials
City Council Meeting April 16, 2019
and economic impacts of tourism in the Stillwater area. Ms. Rosckes explained
DiscoverStillwater.com analytics. She reviewed the budget and five year plan.
Mayor Kozlowski commended Discover Stillwater on the new visitor guide.
Hearing Loop
Mayor Kozlowski announced the Council chambers has a new sound system for use with
hearing aids.
OPEN FORUM
There were no public comments.
STAFF REPORTS
Public Works Director Sanders provided a 2019 flood update. The river crested at 688.5; it
is now at 685.03; and the temporary dike will be removed in about two weeks.
Community Development Director Turnblad informed the Council that the jurisdictional
review for the 2040 Comprehensive Plan is completed. After a public hearing, the Council
may formally adopt the Plan and then it can be submitted to the Metropolitan Council by
May 31.
City Administrator McCarty presented the 2018 City Annual Report. He reminded the
Council of the April 26-27 Annual Mayors' Conference in Stillwater; the April 24 Annual
State of the City address by Mayors of Bayport, OPH and Stillwater; and the League of
Minnesota Cities Annual Conference in June. Starting next week, the dome at the St. Croix
Valley Recreation Center will be deflated for at least four to six months while it and the field
turf are replaced.
Library Director Troendle announced that the library has launched a revamped newsletter.
CONSENT AGENDA
April 2, 2019 regular, recessed and closed session meeting minutes
Payment of Bills
Parks & Recreation Commission New Member Stephanie Souter Appointment
St. Michael's Fun Fest Temporary Liquor License
Case 2019-07 to consider a request by Dan Thurmes, applicant and Michelle and Scott
Lindquist, property owners of 7817 Newberry Ct for consideration of amending
the Stillwater City Code Section 31-300 entitles establishment of districts by
rezoning property to RA, One-family residential, Ordinance 1122
Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent
Agenda.All in favor.
PUBLIC HEARINGS
Ordinance amending City Code Section 33-5: Minimum Standards for Construction and
Reconstruction of Driveways.
Community Development Director Turnblad stated the proposed Ordinance establishes: 1)
a maximum residential driveway width of 16' between the property line and the back of
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City Council Meeting April 16, 2019
curb; and 2) a minimum standard for paver driveways of 6" of class 5 as base and 1" of sand
as sub base to handle runoff. Existing driveways are grandfathered and allowed to continue
as they are.
Mayor Kozlowski opened the public hearing. There were no public comments. The public
hearing was closed.
Motion by Councilmember Collins, seconded by Councilmember Polehna, to approve first
reading of an Ordinance amending City Code Section 33-5, Minimum Standards for
Construction and Reconstruction of Driveways.All in favor.
CPC Case No. 2019-05 to consider amending the Short Term Home Rental Ordinance.
Community Development Director Turnblad told the Council the short term home rental
(STHR) licensing program is working well, but staff believes that a few changes to the
ordinance would make it clearer. He stated that the Planning Commission tabled the hearing
for more information regarding fines and background checks.Staff requests the City Council
table the hearing until May 7 to allow the Planning Commission to make a recommendation.
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to table first
reading of an Ordinance amending the Short Term Home Rental Ordinance to May 7.All in favor.
To consider issuance, sale and delivery of Senior Housing Revenue Bonds by the City of Bethel
for Birchwood Landing at the Lakes at Stillwater Project.
Sofia Lykke, of Kennedy and Graven, Chartered, bond counsel to City of Bethel, explained
that the $15 million to be received from the sale of bonds is to be applied by the borrower
to finance a senior housing project in Stillwater.
Mayor Kozlowski opened the public hearing. There were no public comments. The public
hearing was closed.
Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution
2019-050, approving the issuance by the City of Bethel of Revenue Bonds under Minnesota
Statutes, Chapter 462C,as amended,to finance the costs of a multifamily housing development
to be constructed in the City of Stillwater to be owned and operated by Birchwood Landing,
LLC; approving a housing program with respect thereto; and taking certain other actions.All in
favor.
UNFINISHED BUSINESS
Case 2019-08 to consider a request by Mark Guenther of Fenway Land Company, LLC.property
owner of 8393 and 8313 Marylane Avenue North for the consideration of amending the
Stillwater City Code Section 31-300 entitled establishment of districts by rezoning property to
RB.Two-family residential and approving the Development Agreement for Marylane Meadows.
Community Development Director Turnblad stated that Mark Guenther, Fenway Land
Company, plans to develop two small acreage parcels at 8313 & 8393 Marylane Avenue
North with a total size of 4.49 acres.The preliminary plat for the 11 lot single-family project
was considered by the Planning Commission on January 23, 2019 and conditionally
approved by the City Council on February 5, 2019. On March 27 the Planning Commission
recommended approval of the rezoning and the vacation of underlying drainage and utility
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City Council Meeting April 16, 2019
easements. On April 2 the City Council approved the final plat, easement vacations and first
reading of the rezoning. Staff recommends approval of: 1) the second reading of the
ordinance to rezone the property from AP, Agricultural Preservation to RB, Two-Family
Residential; and 2) the Development Agreement.
Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Ordinance
1123 amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by
rezoning property to RB, Two-Family Residential, Case No. 2019-08.All in favor.
Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt
Resolution 2019-051, a resolution approving the development agreement for Maryland
Meadows, Case No. 2019-08. All in favor.
NEW BUSINESS
Plans &Specs for the 2019 Street Improvement Project
Public Works Director Sanders reported that plans and specifications for the 2019 Street
Improvement Project are near completion. In response to concerns from property owners,
the sidewalk proposed for the east and west end of Triangle Park has been removed from
the project, and sidewalk will be installed on the west side of Sixth Avenue South from
Triangle Park to the existing sidewalk on the north side of Churchill Street. Staff
recommends approval of the plans and specifications and authorization to advertise for
bids.
Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution
2019-052, approving plans and specifications and ordering advertisement for bids for 2019
street improvement project (Project 2019-02).All in favor.
2019 Sidewalk Rehabilitation Project Feasibility Report
Public Works Director Sanders presented the sidewalk rehabilitation project proposed for
2019. The criteria for inclusion is sidewalks that are severely cracked, heaved, settled, or
misaligned. Inspection for this year focused along Main Street, with other areas added.
There are 55 properties. The estimated construction cost of the sidewalk portion including
removal, replacement, and restoration is $86,767. It is proposed to assess 50% of the
sidewalks costs at an assessment rate of$8.85 per square foot. The remaining share would
be paid for by the City. Staff recommends that the Council accept the feasibility report and
order a public hearing for May 7. Construction would occur during the summer and the
assessment hearing in October.
Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution
2019-053, resolution receiving report and calling hearing on 2019 Sidewalk Rehabilitation
Project (Project 2019-06).All in favor.
Consultant Services for ADA Transition Plan
Public Works Director Sanders stated that the Americans with Disabilities Act (ADA)
requires that the City develop an ADA Transition Plan that identifies obstacles within the
public Right of Way (ROW), how and when to fix them. The City solicited proposals for
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City Council Meeting April 16, 2019
engineering services to develop the Plan and two proposals were submitted. Staff
recommends the Council approve the engineering services of SRF Consulting.
Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution
2019-054, accepting proposal and awarding contract for Engineering Services for the City of
Stillwater ADA Transition Plan (Project 2019-05).All in favor.
Waiver of Trolley Parking Fee
Community Development Director Turnblad informed the Council that Dick Zimmerman of
Stillwater Trolley is requesting the Council waive the 2019 fee for reserving two on-street
parking spots at Nelson Street ($1,290) to help him recover the costs he incurred when he
had to move the trolley's ticket office for construction of the flood levy ($1,400).
Dick Zimmerman indicated his business was the only business that really had to move
anything due to the flooding. He would like the City to waive his parking fee to offset the
cost.
Councilmember Polehna asked about the land use agreement for the ticket office; and Mr.
Turnblad answered that the City inherited a Conditional Use Permit (CUP) for the trolley
sales office when the property was transferred to the City from the railroad. There was no
provision for payment.
Mayor Kozlowski praised the business, but told Mr. Zimmerman the City still must charge
him for use of the parking spots. Councilmembers agreed.
Demolition Designation Study
Community Development Director Turnblad informed the Council that on April 3, the
Heritage Preservation Commission (HPC) denied the demolition of the residence located at
615 Broadway Street South on the basis that the structure is a historic resource because it
is associated with significant events or periods that exemplify broad patterns of cultural,
political, economic or social history. The Commission concluded there is a feasible
alternative to demolition. Therefore, it automatically comes to the Council for a decision on
whether to order a designation study at City cost. A designation study involves a historian
determining whether or not the property meets the necessary criteria for being designated
as a local historic property. If the Council does not order the designation study,then the City
will issue the demolition permit. Staff recommends that the Council order a designation
study for the structure. Mr. Turnblad added that the City Planner informed him that there
was considerable discussion about shortcomings in the demolition ordinance that make it
difficult for the HPC to make a recommendation. The HPC is looking at possible revisions to
clarify the ordinance.
Councilmember Polehna agreed the demolition ordinance is awkward and confusing. He
would like to modify the ordinance to make it work. He added that he has researched this
house, knows the previous owners and the neighbors. Three-fourths of the home consists
of additions and the trusses are rotted. He questioned what is historic about the house,
simply its age or was there a notable resident at one time? He feels the designation study is
a waste of$5,000.
Councilmember Junker pointed out that a block down the street is a house that is on the
National Register of Historic Homes. He realizes the structure is not in A-1 condition but the
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City Council Meeting April 16, 2019
timber in the house is not used today. He agreed that the demolition ordinance needs to be
upgraded and refined but he can't in good conscience vote to demolish the house.
Mayor Kozlowski acknowledged that sometimes, Council denial of a demolition permit has
resulted in renovation of a historic home into a beautiful structure. He agreed that the
Council, staff and HPC should revisit the ordinance.
Mr.Turnblad pointed out that a work session is scheduled for May 7 to talk about big picture
items like the demolition ordinance.
Motion by Councilmember Junker, seconded by Councilmember Collins, to order a designation
study for the structure at 615 Broadway Street South. Motion passed.
Ayes: Councilmembers Collins,Junker,Weidner and Mayor Kozlowski
Nays: Councilmember Polehna.
Downtown Parking Capacity Study
Community Development Director Turnblad reported that the Downtown Parking
Commission (DTPC) is preparing to undertake a study of the downtown parking system to
identify strategies for improving the capacity of the system without major capital
investments. Some of the elements are how to facilitate downtown employees parking in
spaces that are not the prime customer spaces, and wayfinding to show drivers where to
park to improve the efficiency of the existing spaces. Lance Bernard of HKGi was engaged to
draft a scope of work for the study. The DTPC recommends that the City Council adopt the
scoping document and direct staff to circulate it among public parking system professionals
for proposals and qualifications.
Mayor Kozlowski indicated that in addition to discouraging employees from parking in
prime spots, another goal should be to give employees easy options for parking that don't
break the bank.
Mr. Turnblad stated the study will look at the employee parking situation and the options
for better serving customers while not ignoring the employees.The DTPC also would like to
better understand how applications for redevelopment or development from scratch will
affect existing parking at that site and surrounding area.
Councilmember Junker commented that for the last three years with the advent of the new
bridge, the DTPC has tried to be proactive. The issue of how many people are working
downtown that are taking up parking spaces keeps coming up. The DTPC is trying to be
proactive but needs the data and the resources to move forward.
Mayor Kozlowski urged that the study include consideration of the people who live
downtown.
Councilmember Weidner inquired how this study become a priority when staff has a long
work list. There are many work items that are postponed because staff is too busy; and Mr.
Turnblad responded that for the DTPC it is a priority because they have been dealing with
the parking system where 20% of the public parking spaces have been assigned to parking
mitigation,which the DTPC considers to be near max capacity. They are at the point where
they want to deny additional business expansion due to the parking situation.
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City Council Meeting April 16, 2019
Councilmember Weidner acknowledged that the City keeps denying projects like the
Armory on the basis of parking, but he does not understand how this item jumps ahead of
other work. He asked what work items would remain undone if the parking study is
ordered; and Mr. Turnblad answered that he has shared the Community Development
Department work plan,which lists this as a 2019 project. But he agreed that just because it
is the DTPC's highest priority does not mean it is the City's priority as a whole.
Councilmember Polehna also questioned what work projects would be given up to do this.
Mayor Kozlowski stated he does not want to postpone the study knowing the Council has a
strategic planning session coming up, but he agreed with Councilmember Weidner that
there should be a way to manage these types of requests before they get to the Council.
Mr. Turnblad stated he thought he did that when he brought the work plan to the Council.
Councilmember Weidner stated if the parking study is on the 2019 plan, then everything
else should be accomplished also and the Council should not be waiting for anything.
Mr. Turnblad explained the issue is that the City is at capacity in its parking system. He will
bring the work plan to the next Council meeting again. He cannot guarantee everything on
the list will be accomplished.
Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt the scoping
document for the Downtown Parking Capacity Study and direct staff to circulate it among public
parking system professionals for proposals and qualifications. Motion passed.
Ayes: Councilmembers Collins,Junker and Mayor Kozlowski
Nays: Councilmembers Weidner and Polehna.
Chestnut Street Lease Agreement
Community Development Director Turnblad informed the Council that with the new St
Croix River Crossing and the conversion of the historic lift bridge to a pedestrian and bicycle
facility, the Downtown Chapter of the Draft 2040 Comprehensive Plan shows the re-use of
Chestnut Street between Main and the lift bridge concourse as a civic plaza. The existing
street right-of-way will remain in the possession of the Minnesota Department of
Transportation (MnDOT) in order to provide access to the lift bridge for lift operation and
maintenance purposes but no longer needs to accommodate public vehicular traffic.
Therefore, MnDOT will lease the property to the City. MnDOT and City staff have been
working for about a year on the terms of the lease. The City would be allowed to develop it
as a civic plaza.The City could sponsor events in the plaza and sell merchandise and alcohol.
The City would hold the permit and could find another entity to do the vending. But private
organizations could not hold events there due to State law. The lease is in final draft form.
Staff recommends approval.
Councilmember Junker inquired if the lease term could start sooner than 2021; and Mr.
Turnblad responded there is a plan for the civic space to be completed in 2020 or 2021.The
bonding dollars are available to use in 2022. If the City wishes to use the concourse and
bridge itself,the City still would have to request permission from MnDOT but if it is just the
leased area that would not be required.
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City Council Meeting April 16, 2019
Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution
2019-055, resolution approving Commercial Lease of Chestnut Street Right-of-Way. All in
favor.
Councilmember Polehna stated he still wants to investigate a turn-back of the property to
the City. Roads are turned back all over the state of Minnesota.
COUNCIL REQUEST ITEMS
Mayor Kozlowski noted the Council evaluated the City Administrator in closed session
before this meeting and Mr. McCarty is doing a wonderful job.
ADJOURNMENT
Motion by Councilmember Junker, seconded by Councilmember Collins,to adjourn.All in favor.
The meeting was adjourned at 8:50 p.m.
Ted Kozlowski, Mayor
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Beth Wolf, City Clerk
Resolution 2019-050, approving the issuance by the City of Bethel of Revenue Bonds under
Minnesota Statutes, Chapter 462C, as amended,to finance the costs of a multifamily
housing development to be constructed in the City of Stillwater to be owned and operated
by Birchwood Landing, LLC; approving a housing program with respect thereto; and
taking certain other actions
Resolution 2019-051, a resolution approving the development agreement for Maryland
Meadows, Case No. 2019-08
Resolution 2019-052, approving plans and specifications and ordering advertisement for
bids for 2019 street improvement project (Project 2019-02)
Resolution 2019-053, resolution receiving report and calling hearing on 2019 Sidewalk
Rehabilitation Project (Project 2019-06)
Resolution 2019-054, accepting proposal and awarding contract for Engineering Services for
the City of Stillwater ADA Transition Plan (Project 2019-05)
Resolution 2019-055, resolution approving Commercial Lease of Chestnut Street Right-of-
Way
Ordinance 1122, an ordinance amending the Stillwater City Code Section 31-300 entitled
Establishment of Districts by rezoning property to RA, One-Family Residential, Case
Number 2019-07
Ordinance 1123,an ordinance amending the Stillwater City Code Section 31-300 entitled
establishment of districts by rezoning property to RB, Two-Family Residential, Case
Number 2019-08
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