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HomeMy WebLinkAbout2019-09-03 CC MIN 216 4th Street N, Stillwater, MN 55082 651 430 8800 � www.ci.stillwater.mn.us The Birthplace of Minnesota CITY COUNCIL MEETING MINUTES September 3, 2019 REGULAR MEETING 3:30 P.M. Mayor Kozlowski called the meeting to order at 3:33 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 Deputy Fire Chief Ballis Public Works Director Sanders Finance Director Provos Human Resources Director Robole MIS Manager Holman City Clerk Wolf OTHER BUSINESS Curling Club Facility Discussion Community Development Director Turnblad informed the Council that curlers from the St Croix Valley area would like to construct an eight-sheet curling center on Stillwater's recreation center property.The facility would include food and beverage service that would be available to patrons of the recreation center, and meeting rooms that could be used by the public. In return, the curling group hopes the City Council would lease the land for $1 a year. Currently there is a lack of parking for many of the hockey events. The curling club facility would increase the parking shortage,unless additional parking is constructed.There are two options for configuration of the center and the new parking lots. Councilmember Weidner stated he thinks it would be a good amenity and would like to figure out how it would benefit the entire community. Mr. Turnblad stated the meeting rooms and the restaurant/bar area would be available to the public.The lease length has not been discussed yet.He believes there could be some type of cost-sharing arrangement for construction of the additional parking spaces.Staff can look into some cost-sharing models. Councilmember Polehna questioned why the City would rent the land for$1. Jim Honsvall, treasurer of the St. Croix Valley Curling Center Board, told the Council that they are open to almost any arrangement and are ready to start fundraising. They are a 501(C)3 nonprofit.The center could be owned by the City and the Curling Board would run City Council Meeting September 3, 2019 it. It could become the premiere club in the country, attracting 1,400-1,600 curlers a year and drawing$1 million in revenue from leagues,tournaments, and corporate events. Councilmember Weidner stated he would like to know about other groups that have done this and how the public/private partnership would work. City Administrator McCarty stated that about 20+ years ago the City authorized a group to act as a sports commission to do the fundraising for the St. Croix Valley Recreation Center. Staff will research that again and bring back more information. Budget Workshop City Administrator McCarty explained the updated tax capacity figures received from Washington County. Finance Director Provos added that changes the County made to some of their estimates brought the City's proposed property tax rate from 53.77% down to 52.58%. She reviewed the tax impacts on residential properties. Mr. McCarty summarized the staff positions that were requested versus recommended,and the consulting fees that are included in the proposed 2020 operating budget. Councilmember Weidner remarked if the Police Department organizational review is not going to be done until after a new chief comes, he would like the IT department analysis moved up. Mayor Kozlowski added that instead of just looking at software, he would like the analysis to look at everything- hardware, software, and management services. Council consensus was to eliminate the $30,000 for the Police Department organizational review and reallocate whatever dollars are required to look at the whole MIS Department. MIS Manager Holman explained that the GIS portion of the requested IT position was an attempt to combine an IT Technician position and also provide GIS Services to City departments. If the Council feels the GIS portion is not needed,maybe the Department could still move forward with a part time IT position. Mayor Kozlowski asked if staff has looked at using managed providers. He would like to address this question in the organizational review of the IT Department. Ms. Holman replied she has looked at using Logis,but it would require that the City use their software whether it meets the needs or not. Contracted IT services would be a lot more expensive than in house services. Councilmember Weidner stated he does not feel compelled to add the GIS staffing component. Mr. McCarty stated a departmental review usually takes 90 days to get a recommendation, then the Council would sort through the recommendations and then move forward. Mr. McCarty went on to state the Police Chief recommended hiring 4 officers and administration recommended one full time. This could be changed to two part time or the start date could be changed. Council consensus was to hire one full time officer rather than two part time officers. Page 2 of 11 City Council Meeting September 3, 2019 Public Works Director Sanders stated the new Park and Recreation Manager position requested is to take over duties that are currently spread among several employees. Councilmember Junker questioned whether Park and Rec Manager would constitute a full time job; and Councilmember Polehna responded that it is more than a full time job. The City is being criticized for being slow to complete master plans for properties like the Aiple Property. Councilmember Weidner asked if the Public Works organizational review is taking into account some senior management who may be nearing retirement age; and Mr. Sanders answered that part of the Public Works organizational review is looking to see how the department could be split into three or four areas - a streets, utilities and parks model, whereas now it is all under public works. Mr.McCarty went on to discuss the Sanitary Sewer Rate Analysis and review the two options for increasing sewer rates. An appropriate ordinance amendment will be brought to the Council for action. He reviewed the Washington County Historic Society's Capital Campaign request for $250,000 spread over 5 years. The City has been providing $5,000 operating support annually. Councilmember Weidner pointed out that population-wise, Stillwater is a small percentage of the area covered by the Washington County Historical Society. He would rather contribute on a per capita basis. Councilmember Collins, who is a board member of the Washington County Historical Society, explained that funds are being requested from all municipalities. More was asked of Stillwater because the Heritage Center is going to be in Stillwater. Washington County was asked for$500,000. Other requests range from $25,000-75,000 over 5 years. Councilmember Junker stated he would like the City to contribute an amount to the capital campaign with a provision that if the center is not built,the funds would revert back. Mayor Kozlowski commented that he would support the capital request, as it will be a good amenity for Stillwater, but he still has questions about how the fundraising process will work, where the dollars will go while it is being built, and what if it does not happen. Councilmember Polehna stated he likes the per capita funding idea. Council consensus was to put$10,000 a year in an escrow fund for the capital campaign and still provide the annual operating funds contribution. RECESS Mayor Kozlowski recessed the meeting at 5:37 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:04 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker,Weidner and Polehna Absent: None Staff present: City Administrator McCarty Page 3 of 11 City Council Meeting September 3, 2019 City Attorney Land Community Development Director Turnblad Finance Director Provos Police Chief Gannaway Deputy Fire Chief Ballis City Engineer Sanders City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS &COMMENDATIONS Proclamation: Oak-Land Middle School Educator and Stillwater Area High School Girls & Boys Swim and Dive Coach Brian Luke Councilmember Polehna read a proclamation honoring Oak-Land Middle School Educator and Stillwater Area High School Girls & Boys Swim and Dive Team Coach Brian Luke and designating September 4, 2019 as "Brian Luke Day." Mr. Luke thanked the City. OPEN FORUM Obed Floan, Operatunity Theater, thanked the Council for its support of the first Opera on the River. They hope to make this an annual event and will get a proposal in shortly. Ann Martin updated the Council on the continuing work of the GreenStep Cities Committee. STAFF REPORTS Community Development Director Turnblad stated that Joan Ziertman and Dan Lentz will fill the two vacancies in the building inspection department. Public Works Director Sanders explained that the property owner of 314 Crestwood Terrace has proposed to donate a portion of his property to the City if the City removes two trees. The property borders Meadowlark Park. The Parks Board and City staff support the request. Motion by Councilmember Polehna, seconded by Councilmember Junker, to accept the contribution of property in exchange for the removal of two trees at 314 Crestwood Terrace. All in favor. Mr. Sanders updated the Council on replacement of the ice rink at Northland Park assisted by the Minnesota Tree Trust. City Administrator McCarty updated the Council on the dome project which will be finished in the next two to four weeks. Mayor Kozlowski asked staff to check into a request from someone who runs a daycare at 111 Orleans Street East for parking restrictions to prevent cars entering the yard where kids play. Page 4 of 11 City Council Meeting September 3, 2019 CONSENT AGENDA August 20, 2019 Special, Regular and Closed Session meeting minutes Payment of Bills Ordinance No. 1131, an ordinance creating Article 31-301, Rural Residential District, and amending Article 31-315, Allowable Uses in Residential Districts, of the City Code of the City of Stillwater Resolution 2019-090, a Resolution Denying a Concept PUD Amendment, Special Use Permit, a Preliminary Plat, and a Partial Easement Vacation proposed for Outlot D in Liberty Village, CPC Case No. 2019-36 Resolution 2019-091, a resolution denying a Lot Size Variance and Lot Subdivision for property located at 1422 North Martha Street, CPC Case No. 2019-37 Resolution 2019-092, resolution approving contract with Hoisington Koegler Group, Inc. for professional services to conduct a Downtown Parking Study Microsoft Licensing Renewal Mayor Kozlowski pulled Microsoft Licensing Renewal from the Consent Agenda. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt the Consent Agenda as amended. All in favor. PUBLIC HEARINGS CPC Case No. 2019-43: A request to amend City Code Section 41-7, Seasonal Outdoor Sales - Ordinance 1st Reading. Community Development Director Turnblad stated that the Council directed staff to draft an ordinance amendment that would change the review process for seasonal food vending permits. Instead of requiring the Planning Commission to review and approve these permits, they could be done administratively. Staff recommends approval of the ordinance. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Weidner,seconded by Councilmember Collins,to adopt first reading of an Ordinance amending the Stillwater City Code Chapter 41,entitled Seasonal Outdoor Sales, by amending the review process for seasonal food vending. All in favor. HPC Case No. 2019-03: A request by Reid and Julie Miller, property owners, for the consideration of the residence at 615 Broadway Street South as a locally-designated heritage preservation site. Community Development Director Turnblad handed out a letter from Matt Thueson, the Washington County Historical Society representative on the Heritage Preservation Commission (HPC). Mr. Turnblad stated that on March 2, 2019 the HPC denied a request from Reid and Julie Miller for the demolition of their residential structure located at 615 Broadway Street South on the basis there was a feasible alternative to demolition of this historic resource. On April 16, 2019 the Council upheld the HPC's decision and ordered the preparation of a Designation Study which was prepared by the 106 Group. The Study noted that the property is not eligible to be listed under any of the City's applicable historic criteria and does not recommend it for individual designation as a heritage preservation site. Page 5 of 11 City Council Meeting September 3, 2019 Neither the Council nor the HPC accepted the findings. On August 21, 2019, the HPC held a public hearing regarding the designation and voted 6-0 to recommend the City Council not designate the structure as a heritage preservation site. On July 24, 2019 the Planning Commission recommended denial of the designation. A dated July 23, 2019 letter from the State Historic Preservation Office, Michael Koop, supports the 106 Group's findings. Since the HPC's public hearing, it has been verified the home was once the residence of Bing Crosby's mother. However this factor would not meet one of the criteria for local designation. Therefore, staff recommends denial of the designation for the house located at 615 Broadway Street South, allowing for its demolition. Mayor Kozlowski opened the public hearing. Donald Empson, 1206 North Second Street,local historian and consultant, stated he learned from the home's previous owner, Terry Zoller, that Bing Crosby's mother's family's name is on the abstract. Mr. Empson asked Matt Thueson to research the deeds at the County Courthouse. This is explained in the letter from Mr. Thueson. Mr. Empson stated the consultant is dead wrong and everything that the report is based on is incorrect. The house was not built in 1880 as stated in the Study, it was built about 1875 and owned by Dennis and Katherine Harrigan who are parents of Bing Crosby's mother. Mr. Empson read from a book discussing the Harrigans. He feels this is a significant house in Stillwater based on the criteria, "identification with a person or persons who significantly contributed to the City's culture and development." Peter Frank, attorney for Reid and Julie Miller, applicants, stated the Study analyzed all seven possible criteria and found none of those criteria were met. The expert applied the standards from the Stillwater City Code. When the Council voted to reject the Study's findings, it set in motion a new process in which the City got input from the State Historical Society and the Planning Commission. The State Historic Preservation Office recommended to not designate. The Planning Commission had a hearing and voted 4-0 vote to not designate. The HPC voted 6-0 to not designate. The Council does not have the power at this point to overrule the HPC. Regarding the new information about Katherine Harrigan, Bing Crosby's mother, there is no evidence this house was constructed prior to 1880. If Ms. Harrigan lived on this parcel, she may have lived in a different house on this parcel that may have been below the bluffs. Also there is no evidence that she herself contributed to Stillwater history and culture. Reid Miller, applicant, 620 Newman Trail, 615 Broadway Street South, stated he started searching out more details and found two newspaper articles that reference the Harrigans living in Stillwater for short time on Main Street in Slab Alley,which would be the same plat, below the bluff vs. above the bluff. The deed shows that Nels Hansen bought the lot at the end of 1879 just before the house was built. He asked the Council to look at facts and agree not to designate the house as historic. Julie Miller, applicant, told the Council that on the trolley tour it is noted that Bing Crosby's mother's house was the mustard colored house on the wooded lot near St. Michael's Church. Joel and Jodeen Monson, 470 Liberty Parkway, voiced support of the Millers' request for demolition. Page 6 of 11 City Council Meeting September 3, 2019 Jim and Janet Link, downtown business owners and former neighbors of Millers, assured the Council that Mr. Miller is meticulous and full of integrity. They urged the Council to approve the request. Mayor Kozlowski closed the public hearing. Councilmember Weidner noted even if Bing Crosby's mother lived there for five years, that has no significance to the history of the community. He feels the issue has gone too far. Councilmember Junker remarked he has gone full circle on this. He voted twice to deny the demolition permit. It became clear at the HPC meeting that the City had no justification for denying the demolition permit. He is disappointed that there was not more research done on Nels Hansen and the Harrigan family. Councilmember Collins stated he too has come full circle. He hates to see an old property torn down but he does not feel that Bing Crosby's mother living there for a short period of time is significant enough to warrant designation as a heritage preservation site. Mayor Kozlowski commented this case demonstrates the need to revise the City's demolition ordinance. He would favor simply preserving all old homes in Stillwater whether historically significant or not, but that is not how the ordinance stands today. The Council needs to adhere to the process currently in place. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2019-093, a resolution denying the Local Heritage Preservation Site Designation for the Historic Resource at 615 Broadway Street South, HPC Case No. 2019-19. Ayes: Councilmembers Collins, Junker, Weidner and Polehna Nays: Mayor Kozlowski UNFINISHED BUSINESS Oak Park Heights Annexation Detachment Memorandum of Understanding Community Development Director Turnblad explained that Canvas Health approached the City of Stillwater about a future plan to redevelop their property on the south side of Orleans Street between Panama Avenue and Ozark Avenue. The property lies partly within Stillwater and partly within Oak Park Heights. Its development would require detachment from Oak Park Heights and annexation to Stillwater. Oak Park Heights supports the detachment request if the City of Stillwater will concurrently detach the right-of-way property that Lookout Drive traverses. This is important to Oak Park Heights primarily because it provides direct access to Highway 95 from one of its neighborhoods. In addition, the final parcel of the campus for the Washington County Government Center has been purchased.As with the rest of the campus,Oak Park Heights agreed that it would be annexed to the City of Stillwater. That will be done at this time as well. City staff recommends approval of the concurrent detachment-annexation actions. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2019-094, resolution approving Memorandum of Understanding related to the Concurrent Detachment/Annexation of certain parcels in the Cities of Stillwater and Oak Park Heights. All in favor. Page 7 of 11 City Council Meeting September 3, 2019 NEW BUSINESS Structure at 7940 Neal Avenue North City Attorney Land stated that staff is requesting that the Council initiate an action for abating a hazardous structure at 7940 Neal Avenue North. She outlined the steps required to categorize the building as hazardous. The property owners applied to Stillwater Township in 2015 for a building permit to construct a detached garage. Later that year, the property was annexed into the City of Stillwater. The garage was started but never finished and has now been unprotected against the elements for several years. After an inspection, the Building Official determined that the structure is unsafe due to abandonment, dilapidation, and inadequate maintenance. The City has received numerous complaints about the property. Staff recommends that the Council utilize Minn. Stat. Ch. 463 to issue an Order requiring the owners to remove the structure by November 1, 2019. Stephen Ogborn, property owner, explained that the project got away from him due to several health issues. He now has a local builder willing to complete the project but he cannot start work on it until the end of October and would not get it done by November 1. He would like to move the deadline to November 15. The Council agreed to move the deadline to November 15. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2019-095, Resolution and Order to Repair or Remove Structure at 7940 Neal Avenue North in Stillwater. All in favor. Harvest Festival Event Contract and Temporary Liquor License City Clerk Wolf informed the Council that Summer Tuesdays Inc. has applied for a Special Event Permit to host the Stillwater Harvest Fest on October 12-13, 2019 in North Lowell Park. Parking Lots 5, 9 and 10 plus Mulberry Circle will be reserved all day Friday through Sunday. It is proposed Harvest Fest will have a beer tent with no fencing, rather the ability to consume alcohol venue wide. Police officers will be on duty during the time of alcohol sales and consumption, as well as for traffic control on Saturday and Sunday and the kiddie parade on Sunday. The Downtown Parking Commission reviewed the event and use of parking spaces.A high water plan is in place moving activities to Lot 11 and using the Water Street Inn private lot in addition to Lots 5, 9 and 10. The Organizer has requested a waiver of the base fee for both days and the load-in fee. Staff recommends Council only waive the base fee for one day to be consistent with previous requests from other Organizers. Fees for City services, materials and parking will be charged according to the 2019 Fee Schedule. Cory Buettner, president of Summer Tuesdays, Inc., stated that with the new event policy, which allows people to walk around with beer, the invoice from City has been rising significantly due to increased costs for security. He suggested that the City act as a sponsor for Harvest Fest and the Rivertown Art Festival,waiving the $1,500 cost of the park fees as an in-kind sponsorship. He addressed the value of these events to the City of Stillwater and the economic impact to the businesses. Councilmember Weidner asked how much is charged for extra security and police officers; and Mr. Buettner answered that last year the invoice for police was $3,800 as opposed to $2,200 in 2017 before the new event policy was put in place. Page 8 of 11 City Council Meeting September 3, 2019 Motion by Councilmember Collins, seconded by Councilmember Junker, to approve the 2019 Stillwater Harvest Fest Agreement and waive $1,750 of the City fees.All in favor. Designation Study on Accessory Structure at 116 Harriet Street South Community Development Director Turnblad reported that on May 15, 2019 the HPC considered a request from Jim Barton of Barton Construction Services, representing Dan and Allison Boblit, property owners,for the demolition of the garage on the property at 116 Harriet Street North.The HPC denied the demolition permit on the basis there was a feasible alternative to demolition of this historic resource. On June 4, 2019 the City Council upheld the HPC's decision and ordered the preparation of a Demolition Designation Study. The Demolition Designation Study found that the garage does not meet any of the local Heritage Preservation Site criteria as an individual property. While the garage is not eligible to be locally listed as a heritage preservation site,the residence is and,if the residence were listed, the garage should be listed as contributing to the site. However the Designation Study correlated to the demolition request involving the garage only. As the demolition is proposed for the garage and not the residence, following the process outlined within the City Code, the structure should be permitted to be demolished. Therefore, staff would recommend acceptance of the Designation Study and approval of the demolition of the structure. Motion by Councilmember Junker, seconded by Councilmember Collins, to accept the findings of the Designation Study and approve of the demolition of the garage at 116 Harriet Street South. All in favor. Declaring costs to be assessed and ordering preparation of assessment roll and calling for hearing on the 2019 Street Improvement Project Public Works Director Sanders informed the Council that the 2019 Street Improvement Project is scheduled to be completed by the end of October. Staff has projected the total cost of the project to be $2,439,991.81. $1.4 million would be assessed. Staff recommends that the Council declare costs,authorize the preparation of the assessment roll and set a hearing on the project. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2019-096, Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessments for 2019 Street Improvement Project (Project 2019-02); and Resolution 2019-097, Resolution Calling for Hearing on Proposed Assessment for 2019 Street Improvement Project (Project 2019-02).All in favor. Declaring costs to be assessed and ordering preparation of assessment roll and calling for hearing on the 2019 Sidewalk Improvement Project Public Works Director Sanders explained that the total project costs for the 2019 Sidewalk Rehabilitation Project are estimated to be$67,814.20.The amount to be assessed to affected property owners is $33,907.10. The remaining amount would be paid by the City. It is proposed that properties would be assessed at a rate of$7.47 per square foot of sidewalk replaced. Page 9 of 11 City Council Meeting September 3, 2019 Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2019-098, Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment for 2019 Sidewalk Rehabilitation Project (Project No. 2019-06); and Resolution 2019-099, Resolution Calling for Hearing on Proposed Assessment for 2019 Sidewalk Rehabilitation Project (Project No. 2019-06).All in favor. Adopting the proposed tax levy for the payable year 2020 Mr. McCarty stated the levy will be brought back for final adoption in December. Motion by Councilmember Weidner, seconded by Councilmember Junker,to adopt Resolution 2019-100,Adopting the Proposed Tax Levy for the Payable Year 2020. All in favor. Adopting the proposed budget for the year 2020 Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2019-101,Adopting the Proposed Budget Appropriations for the Year 2020.All in favor. Setting the Truth in Taxation meeting date Mr. McCarty stated the Truth-in-Taxation public meeting is scheduled for December 3,2019. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2019-102, Setting Payable 2020 Truth-in-Taxation Public Meeting.All in favor. COUNCIL REQUEST ITEMS Mayor Kozlowski stated he received a letter from a girl named Maggie who would like a Turtle Crossing sign on Moore Street. Mr. Sanders stated Public Works will follow up. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins,to adjourn.All in favor. The meeting was adjourned at 8:55 p.m. c- e Ted wski,�iiayor ATTEST: Beth Wolf, City Clerk Resolution 2019-090, a Resolution Denying a Concept PUD Amendment, Special Use Permit, a Preliminary Plat, and a Partial Easement Vacation proposed for Outlot D in Liberty Village, CPC Case No. 2019-36 Resolution 2019-091, a resolution denying a Lot Size Variance and Lot Subdivision for property located at 1422 North Martha Street, CPC Case No. 2019-37 Page 10 of 11 City Council Meeting September 3, 2019 Resolution 2019-092, resolution approving contract with Hoisington Koegler Group, Inc. for professional services to conduct a Downtown Parking Study Resolution 2019-093, a resolution denying the Local Heritage Preservation Site Designation for the Historic Resource at 615 Broadway Street South, HPC Case No. 2019-19 Resolution 2019-094, resolution approving Memorandum of Understanding related to the Concurrent Detachment/Annexation of certain parcels in the Cities of Stillwater and Oak Park Heights Resolution 2019-095, Resolution and Order to Repair or Remove the Structure at 7940 Neal Avenue North in Stillwater Resolution 2019-096, Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessments for 2019 Street Improvement Project (Project 2019-02) Resolution 2019-097,Resolution Calling for Hearing on Proposed Assessment for 2019 Street Improvement Project (Project 2019-02) Resolution 2019-098, Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment for 2019 Sidewalk Rehabilitation Project (Project No. 2019-06) Resolution 2019-099, Resolution Calling for Hearing on Proposed Assessment for 2019 Sidewalk Rehabilitation Project (Project No. 2019-06) Resolution 2019-100,Adopting the Proposed Tax Levy for the Payable Year 2020 Resolution 2019-101,Adopting the Proposed Budget Appropriations for the Year 2020 Resolution 2019-102, Setting Payable 2020 Truth-in-Taxation Public Meeting Ordinance No. 1131, an ordinance creating Article 31-301, Rural Residential District, and amending Article 31-315,Allowable Uses in Residential Districts, of the City Code of the City of Stillwater Page 11 of 11