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HomeMy WebLinkAbout2021-04-06 CC MIN�I� er The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES April 6, 2021 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order via Zoom at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf Community Development Director Turnblad City Planner Wittman Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Library Director Troendle OTHER BUSINESS Economic Development Analysis with Dr. Waldron Dr. Craig Waldron, The Waldron Company, presented the following recommendations regarding future economic development: create an Economic Development Authority (EDA) which will also include housing and redevelopment authority statutory powers; continue to support tourism; Community Development Director Bill Turnblad's successor should have more of an emphasis towards economic development and redevelopment as opposed to land -use; consider a downtown assistance program for facade improvements; initiate a business visitation program. He also recommended that the City discuss developments in an early stage with the Washington County CDA. He strongly recommends that the City Council be the overall governing body of the EDA rather than setting up a separate board. Councilmember Polehna asked if creating an EDA would involve the Charter Commission; and City Attorney Land answered that setting up an EDA is a simple process, which is not required to go through the Charter Commission. Dr. Waldron expanded on his recommendations to continue courting positive events, to recognize the importance of tourism in marketing the City, and to build relationships via a business visitation program. Follow-up is important. He also recommends a fast -track development process be established for sites that are extremely important to the City. An HRA could help clean up blight or substandard areas, while the EDA would allow the City to guarantee a competitive loan. The HRA would give the City much more authority and flexibility than under existing municipal powers. In regard to a facade improvement program, he suggested that the Council consider its priorities and goals and develop very City Council Meeting April 6, 2021 strict guidelines. He recommends that the City farm out the other piece - credit analysis, where the checks are going, and default procedures - to an outside financial institution. Community Development Director Turnblad added that the City has an established facade program, but at the moment it is unfunded. The City previously used tax increment financing dollars to cover part of the loan. Motion by Councilmember Polehna, seconded by Councilmember Collins, to accept the report and direct staff to investigate a plan to set up an Economic Development Authority. All in favor. HPC Design Guideline Update and Policy Direction Discussion City Planner Wittman led discussion of the ongoing grant -funded effort to consolidate and update Heritage Preservation Commission (HPC) design guidelines. She reviewed an analysis of the City's existing historic and design review overlay districts including areas needing change, completed by HKGi and Landscape Research. First, Ms. Wittman discussed Sign Design Permitting. She asked if the Council would like to see administrative approval of signs in the design review overlay district. Currently it can take about 30 days to get a sign permit in the downtown core. The consultant suggested perhaps the sign permits could be reviewed administratively rather than by the HPC, to expedite the process. Mayor Kozlowski noted that with administrative review for other types of permits, the applicant may appeal a denial to the City Council. Ms. Wittman replied if a sign permit is denied, it does not necessarily go to the Council. But there would be a mechanism for another body to address the request if it was denied. Council consensus was to support administrative approval of sign permits, rather than going through HPC. Ms. Wittman then asked, should the City's 2013 Draft Historic Residential Guidelines, or a portion thereof, be applicable to alterations to residential structures located in both the Downtown Design Review District and the Overlay District. There are about 20 blocks located in both the Neighborhood Conservation District and the Downtown Design Review District: some properties bordering Pioneer Park, a few on Chestnut Hill, and a few on the oldest part of the South Hill. Currently there are no residential guidelines to review these properties against, so the HPC has been using its commercial design guidelines. The draft guidelines will be broken out by type of development - the residential alteration guidelines define different architectural styles, and say for instance that an applicant should be retaining the narrow windows, not expanding them. Councilmember Junker noted there have been many struggles in the HPC meetings regarding window replacement. Guidelines indicate a property owner should try to keep existing windows versus installing all new windows even if they will replicate the old windows. For the property owner, it is very expensive to try to work with existing windows. Councilmember Collins stated the guidelines would be helpful for property owners of historic houses. It is worthwhile looking at what parts of this can be used. Councilmember Odebrecht added he is comfortable with the guidelines as long they do not cross from "shoulds" to "shalls" and become requirements for properties. Page 2 of 13 City Council Meeting April 6, 2021 Councilmember Polehna agreed it needs to be really defined that the guidelines are recommendations, a starting point to help a homeowner. He would have a real problem telling a property owner "you shall do this." Ms. Wittman confirmed that currently the guidelines are "shoulds" not "shalls." Mayor Kozlowski stated he feels there is a part of City that should have "shalls" - i.e. to preclude a homeowner from applying shoddy siding, etc. The Council should discuss this in the future. Council consensus was to support the guidelines as suggestions, not requirements at this time. Nuisance Ordinance and Administrative Citations Discussion City Attorney Land reviewed a proposed revision to the City's nuisance and administrative citation ordinances, including the Administrative Citation process. She provided a proposed Charter Amendment that grants the explicit authority to enact an administrative citation and assessment process. The proposed nuisance and administrative citation ordinances clarify and consolidate existing nuisance ordinances; provide a streamlined enforcement process, including administrative citations; provide due process for contesting such citations; and provide a method for collecting or assessing citations against the property. The Council is asked to hold a public hearing on the Charter Amendment and then adopt the first reading of the Ordinance Amendments. The Council will take vote at tonight's meeting. Councilmember Junker asked if this will apply to subjective nuisances, for instance outdoor lighting on homes that shines directly into a neighbor's home; City Attorney Land replied the ordinance will address glare that projects directly onto someone's property. STAFF REPORTS Public Works Director Sanders reported that all restrooms are open. The annual street sweeping is beginning. Washington County held the bid opening for the Highway 36/Manning project and the low bid was $21 million, 10% lower than the engineer's estimate. He clarified that Minnesota Paving & Materials (MPM), which is being recommended for bid awards later tonight, is the former Tower Asphalt, which has done projects in the City for the past several years. The plaza holiday lights are down, so the barriers will be removed and the plaza swept by the end of the week. Police Chief Mueller shared updates on the Minneapolis police officer trial, substance abuse cases and emergency management. There were 36 applicants for the police officer openings. The Department is partnering with other agencies on mental health -related calls. He is working with Stillwater Township on Fairy Falls parking issues. There have been quality of life complaints such as skateboarding downtown and speeding on Highway 36. A grant has been received to help enforce speeds on Highway 36 and surrounding areas. Mayor Kozlowski asked staff to review skateboarding rules and asked the Council to consider designating skateboarding areas and regulate bad behavior, not simply prohibit skateboards. Councilmembers Polehna and Junker elaborated on problems that skateboarding causes downtown. Page 3 of 13 City Council Meeting April 6, 2021 Fire Chief Glaser presented the Stillwater Fire Department (SFD) 2020 Annual Report. In 2020 SFD responded to 1,938 emergency incidents. He reviewed 2020 Highlights and personnel who reached service milestones. He thanked citizens for the successful blood drive which collected 25 units of blood. He also stated burn restrictions are on but recreational fires are allowed. Finance Director Provos stated Accounting Specialist Tracy Anderson started Monday and Vanessa Norby, the new Assistant Finance Director, will start on next Tuesday. Community Development Director Turnblad presented a Building Department report showing rising activity levels. Councilmember Polehna thanked Building Inspector Cindy Shilts for working very cooperatively with contractors. City Clerk Wolf provided a Boards/Commissions interview update. City Administrator McCarty noted the City's Annual Report will be presented on April 20. Central Commons proposed development negotiation continues. Recruitment is underway for the Community Development Director position. Talks with the Chamber continue regarding hosting the World Championship Snow Sculpting Event. Library Director Troendle stated the library has expanded in -person service hours. RECESS Mayor Kozlowski recessed the meeting at 6:11 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order via Zoom at 7:01 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Clerk Wolf City Attorney Land Community Development Director Turnblad City Planner Wittman Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Proclamation - Fair Housing Act Mayor Kozlowski read a Fair Housing Month Proclamation. Page 4 of 13 City Council Meeting April 6, 2021 Proclamation - National Organ Donation Awareness Month Susan Mau Larson, LifeSource, spoke about the need for organ donations. Councilmember Odebrecht explained how his family has been personally impacted by organ donation. Mayor Kozlowski read an Organ Donation Awareness Month Proclamation. Proclamation - Stillwater High School Boys Swimming & Diving Team, Swimmer Will Whittington Mayor Kozlowski read a Proclamation recognizing the accomplishments of Will Whittington of the Stillwater Area High School Boys Swimming and Diving Team. Will Whittington thanked the Council for the recognition. OPEN FORUM Todd Ganz, Integrity Land Development, spoke regarding Heifort Hills 2nd Addition and the previous Council denial of his ability to bring the private street onto Oak Glen Trail. He asked if he brings the private street out to where the staff member drew it, 140 feet from each intersection, may he continue developing this project? Mayor Kozlowski replied the issue probably cannot be resolved during the open forum. Mr. Ganz countered that the staff has stated numerous times he needs to ask the Council. His team have spent tens of thousands of dollars on this in doing it the way staff told them to do it and it is being denied. He would like to find out if he puts that street in the right spot, can he develop the property? Mayor Kozlowski stated he does not have the development information in front of him now so if Mr. Ganz wants an answer right now, he would say no. There is a process for bringing an application back to the Council if the developer makes significant changes to it. He stated Mr. Ganz could review the tape of the last meeting and find the answer there. Mr. Ganz answered it is difficult to communicate with the City as he was not put on the agenda to speak at that meeting. Mayor Kozlowski stated Mr. Ganz did not speak at the public hearing. Mr. Ganz stated he had his hand up and was not recognized. Councilmembers stated they did not see that. Councilmember Odebrecht recommended that Mr. Ganz consider meeting with some of the homeowners in the area to see if he can find a solution that is acceptable to everybody. Mr. Ganz stated they do not want a street coming out there, but he was told to buy that piece of property to put the street there because MnDOT would not let him go out onto Highway 96. Mayor Kozlowski suggested Mr. Ganz work with MnDOT to try to figure out how to convince them to let him punch the street out. He does not have a problem with the development, but it is the road that's the problem. Mr. Ganz stated MnDOT denied it three times. Page 5 of 13 City Council Meeting April 6, 2021 James Fisher asked the Council and staff to revisit the skateboarding rules for downtown from the perspective of individual behaviors, not necessarily banning an activity that he sees as very positive in community. Mayor Kozlowski stated the Council discussed skateboarding in the 4:30 meeting and asked staff to review the ordinance, look at what other cities have done and come back to the Council with some ideas. He added that now is a good time to start reaching out to community members to get momentum behind a possible effort to have a skate park. CONSENT AGENDA March 16, 2021 regular and closed session meeting minutes Payment of Bills Emerald Ash Borer Bulk Discount Treatment Program Agreement Resolution 2021-045, Resolution Amending Resolution 2021-002 Adopting 2021 Fee Schedule Resolution 2021-046, Resolution Approving the Addition of Additional License Premises Owned by Forge and Foundry Distillery Hardcourt Rehabilitation 2021 Project (Northland Park Pickle Ball Courts) Bid Award Laurel Street Stairway Repair Project Bid Award Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case 2021-13 to consider a request by JAM Freedom. LLC, and Jeff and Missy Hause (applicants) and Mark and Marlene Pavlick (property owners) for a 6 lot Preliminary Plat and Rezone from AP to RB. Property located at 8483 Marylane Ave N. City Planner Wittman reviewed the case. Jeff and Missy Hause, JAM Freedom LLC, plan to develop a 2.57-acre parcel at 8384 Marylane Avenue North. The preliminary plat for the project, to be known as Marylane Gateway Addition, shows six single family lots, one of which will contain the existing residence. The applicant has requested the City to approve: 1) a Vacation for existing drainage and utility easements; 2) a Zoning Map Amendment for 8384 Marylane Avenue North to be changed from AP - Agricultural Preservation to RB - Two Family Residential; and 3) Preliminary Plat for Marylane Gateway Addition. The request was heard by the Planning Commission and the Parks and Recreation Commission in March. The Parks Commission recommends acceptance of fees in lieu of park and trail land dedication. Because the hearing for the vacation of the drainage and utility easements was not properly noticed, the Council may conceptually approve the vacation tonight, but a standard hearing process will need to take place to formalize the vacation. Public comment regarding the tree removal was received from neighbor Scott Johnson who would like to see more tree preservation. The proposed tree removal is under the City's threshold but the developer plans to include more vegetation along the north property line to buffer the properties. Staff asks for an amendment to Condition #1 to add that the tree preservation and landscaping plan are now submitted and in conformance. Both the Planning Commission and City staff recommend approval of the requests with the 15 conditions. Page 6 of 13 City Council Meeting April 6, 2021 Councilmember Polehna asked for assurance that drainage will not go into neighboring yards because the City spent $100,000 a couple years ago to fix the water issues. Councilmember Junker added that all five lots appear to be in a low area. Public Works Director Sanders stated when the Marylane Drainage Project was done, the City accounted for future development of this property. The drainage way and pipes were designed to handle a single family development. The Council should also keep in mind that when these new developments occur, they are required to maintain a rate and volume control from existing to developed property so the water leaving the site does not increase. The original design for this project had two outlets and City staff informed the engineer this was not the way the City wanted it done because the City had spent funds to get the drainage to work better. Mayor Kozlowski opened the public hearing. Steve Johnston, Elan Design Lab, stated they have no issues with the recommended conditions. Plans have already been modified to address water drainage concerns expressed by staff. They are working with staff to resolve all the engineering issues. Scott Johnson, 1444 Monterey Court, requested a buffer behind his home which is behind Lot #6. All the homes to the south have a buffer behind them. He would like a similar buffer through this development as done for the development to the south. Mayor Kozlowski closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt Resolution 2021-047, A Resolution Approving a Preliminary Plat for Marylane Gateway Addition, Case No. 2021-13, with the 15 conditions recommended by staff, with Condition #1 amended to reference the new tree preservation and landscaping plan, and to adopt first reading of an Ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately three acres to RB, Two -Family Residential. All in favor. To consider amending the Stillwater City Charter regarding Administrative Citations City Attorney Land explained that the proposed Charter amendment would add the ability for the City Council to consider enacting an ordinance regarding administrative citations for code violations, and the ability to assess them for non-payment. The Charter Commission and staff recommend approval. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt first reading of an Ordinance amending the Charter of the City of Stillwater. All in favor. UNFINISHED BUSINESS There was no unfinished business. Page 7of13 City Council Meeting April 6, 2021 NEW BUSINESS An Ordinance Repealing and Replacing Stillwater City Code Chapter 38 regarding Nuisances, Section 22-10. 22-11, and 22-12 regarding Administrative Citations and Civil Penalties, Background Checks. and Administrative Offenses. Enacting Section 52-19 regarding Noise Control and Regulations. and Repealing Chapter 4.0 regarding Abandoned Vehicles Ms. Land stated this is related to the previous action amending the City Charter. The proposed ordinance brings all nuisance sections of code into one place for efficiency. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt first reading of an Ordinance Repealing and Replacing Stillwater City Code Chapter 38 regarding Nuisances. All in favor. Request for Consideration of the Sale of Public Land City Administrator McCarty informed the Council that Nathan Landucci of Landucci Homes has a purchase agreement for several pieces of property at the northeast corner of 3rd and Myrtle for the purpose of developing a 54-unit market rate apartment building. In order to construct the building as conceptually planned, an irregular, 2,125 square foot strip of City owned property would be needed. The City purchased the strip of property when the development agreement was done for the City parking ramp. If the City Council conceptually approves the requested land sale, the apartment building's walls would replace the function of the retaining walls. A structural engineer's review of the existing foundation and retaining walls at the proposed development site concludes that the poured concrete retaining wall is not reliant upon the bridge structure for support, and vice versa, so the poured concrete retaining wall may be partially removed without affecting the structural integrity of the existing bridge structure, and the existing modular block retaining wall may be removed and replaced with the new building's foundation, provided setbacks and grading/elevations do not undermine the adjacent structure's foundations. Council consensus was the property is not for sale. Lot 4 Block 11 Sabin's Addition to Stillwater Encroachment Agreement City Planner Wittman stated that Victor Hammer, Tyler Morris and Justin Rees have requested Council approval of an Encroachment Agreement for a driveway extension down the platted but undeveloped William Street North right-of-way, north of 408 William Street North. Given a driveway has been in existence for 30 years without challenge and this one additional property is the only property that could be developed and accessed from this ROW, and the property owners are in agreement to the shared use of the existing driveway, staff recommends the Council conceptually approve the driveway extension request. Councilmember Junker noted there is a huge lot to the north. He questioned the potential for another lot with this driveway extension; and Ms. Wittman answered from 408 William Street there is only one 50-foot property. The property owners only want to get to that point where they can pull into a driveway and then turn around. Because of the location of the steep slope, it would not be permissible to extend the driveway beyond the Morris/Rees property. Public Works Director Sanders stated the driveway is very tight. He voiced concern that 408 probably has sewer and water in that driveway and extending another service to the new Page 8of13 City Council Meeting April 6, 2021 property may not leave enough room in the right-of-way for what is essentially four services to serve the two homes. He will need to look at the site more closely to see if that sewer service will work. Another option is for them to have an ejector pump to pump everything back to Linden Street. Mayor Kozlowski pointed out what is being asked is conceptual, dependent on all these things being worked out. Tyler Morris, applicant, stated his mother owns 726 Linden, so it is essentially right in the backyard. He knew there would be extraordinary challenges building back there. He has explored pumps and other means to extend utilities and has agreed that after construction, he would replace Mr. Hammer's entire driveway. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to conceptually approve the encroachment agreement for Lot 4 Block 11 of Sabin's Addition for a driveway extension down the William Street North right-of-way. Motion passed 4-1 with Councilmember Junker voting nay. Temporary Outdoor Sales Permits with Amendment to Liquor License for Temporary Outdoor License Premise Community Development Director Turnblad presented proposed guidelines for the issuance of the 2021 permits and a proposed Resolution. The Council is asked to: 1) adopt the 2021 OSA Program Resolution; 2) approve as a single "consent" action all the OSA permits that remain unchanged from last year including Brick & Bourbon (Water Street only), Brians (Water Street only), Maple Island Brewery, The Lumberjack, Norman Quack's, Lolito's, La Carreta's, Oasis Cafe and Meister's; 3) consider approval individually of the permit applications that have changed or have aspects inconsistent with the OSA program to include Pat Wolf, The Zephyr Theater, and The Velveteen; 4) approve the Leo's Malt Shop request for two on -street parking spaces on Main Street adjacent to the restaurant for use by customers as curbside pickup spaces; and 5) adopt the Liquor License Amendment Resolution for the applicable OSA Program businesses. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt Resolution 2021-048, A Resolution Approving Temporary Waiver of City Code Permit & Zoning Requirements to Promote Business Activities During the COVID-19 Health Pandemic. All in favor. Motion by Councilmember Collins, seconded by Councilmember Polehna, to approve as a single "consent" action all nine of the OSA permits that remain unchanged from last year (Brick & Bourbon (Water Street only), Brians (Water Street only), Maple Island Brewery, The Lumberjack, Norman Quack's, Lolito's, La Carreta's, Oasis Cafe and Meister's). All in favor. Mr. Turnblad reviewed the individual permit in detail for Pat Wolf who is asking to use the private area for outside seating, to have food and beverage service, to serve alcohol and to have outdoor amplified music. A liquor license may only be extended if there is already an existing liquor license, so that would not apply in this case. Ms. Wolf also would like to allow local musicians to provide music via an outdoor sound system. Outdoor amplified music is not allowed without a conditional use permit. Staff recommends approval of the outside seating, food and beverage service, but not the alcohol sales or the amplified outdoor music. Page 9 of 13 City Council Meeting April 6, 2021 Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to approve the OSA permit for Pat Wolf with no liquor or amplified outdoor music. All in favor. Mr. Turnblad reviewed the permit requested by Zephyr Theatre who would like outdoor seating, extension of their liquor license, and an outdoor sound system, which would require an amendment to their conditional use permit. Mayor Kozlowski stated he is not opposed to outdoor productions, but would prefer to consider it under their conditional use permit for a more permanent provision, rather than as one of these COVID-related temporary business support measures. Councilmember Junker remarked that he got a lot of complaints on the theatre loudness from neighbors last year. Councilmember Polehna stated the Zephyr Theatre is a real asset to the community. He would like to work through it under the conditional use permit. Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the Zephyr Theatre outdoor seating permit, add the parking lot to the premise under their liquor license, and revisit the noise aspect of their request at another time. All in favor. Mr. Turnblad presented the request from The Velveteen which is asking for permission to serve in the on -street spaces and the sunken garden as they did last year, also amend their liquor license to include the outdoor seating area. This is before the Council because the sunken garden public park is not routinely allowed to be used for private purposes. Last year staff recommended against it and the Council approved it. Staff still recommends not allowing use of the sunken garden park. However staff added two recommended conditions if the Council wants to allow it. Mayor Kozlowski stated the sunken garden park was cleaned up by The Velveteen and is gorgeous now. He would like to make people aware they can still use that park even without being customers of The Velveteen. Councilmember Odebrecht remarked, not about The Velveteen, but about all the outdoor spaces, that business owners should be aware that using these public spaces is a privilege, so please ensure they look nice. Mayor Kozlowski added that businesses also need a bit of certainty that they will be able to use these parklets for a longer period of time to justify their investment in making them look nicer. Mr. Turnblad stated a permanent program establishing guidelines outlining the private use of public spaces is on the to-do list. Motion by Councilmember Junker, seconded by Councilmember Collins, to grant The Velveteen the use of three on -street parking spots, the use of the sunken garden, and an amendment to their liquor license with the two staff -recommended conditions. All in favor. Mr. Turnblad explained that Leo's Malt Shop would like the use of two curbside pick-up spaces. Staff recommends approval. Motion by Councilmember Collins, seconded by Councilmember Polehna, to approve the use of two temporary curbside pick-up spaces for Leo's Malt Shop. All in favor. Page 10 of 13 City Council Meeting April 6, 2021 Mr. Turnblad presented the resolution granting the liquor license amendments to those businesses that will be serving alcohol outside. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2021-049, Resolution Approving Amendment to Liquor License for Additional Temporary Outdoor License Premises. All in favor. Hwy 36/Manning Ave Interchange Project - Lake Elmo Maintenance Agreement, MnDOT Cooperative Construction Agreement and Washington County Cooperative Maintenance Agreemen Public Works Director Sanders explained that as part of the TH 36/Manning Avenue Interchange Project, a retaining wall is being constructed on the west side of Manning Avenue North, south of the intersection of the future 58th Street. The wall is located in the City of Lake Elmo, but supports the road located in the City of Stillwater. Lake Elmo has asked that Stillwater be responsible for future maintenance of the wall and in return, Lake Elmo will be responsible for winter maintenance of Manning Avenue North. Washington County and Lake Elmo will be responsible for all construction costs of the retaining wall. Staff has reviewed the proposed Maintenance Agreement and recommends approval. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt the Lake Elmo Maintenance Agreement. All in favor. Mr. Sanders stated that the Minnesota Department of Transportation (MnDOT) is requiring a Cooperative Construction Agreement with the City for two maintenance items on the TH 36/Manning Avenue Interchange Project once the project is complete: minor signal maintenance of the two traffic signals including the cost of electricity and luminaire replacement on the signals, and maintenance of the retaining wall on the west side of Manning Avenue south of the intersection of 58th Street. Staff has reviewed the Cooperative Agreement and recommends approval. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2021-050, Accepting Agreement No. 1036984 with MnDOT at Intersection of Hwy 36 and Manning Ave. (Project 2020-07). All in favor. Mr. Sanders reviewed Washington County's proposed Cooperative Agreement for Maintenance on the Manning and TH 36 Interchange Project. The agreement describes the responsibilities for street and trail utilities and retaining walls in each agency's right -of way. Staff recommends approval. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to approve the Washington County Cooperative Maintenance Agreement. All in favor. 2021 Sidewalk Rehabilitation Project Order Preparation ❑f Feasibility Report Mr. Sanders reviewed the proposed 2021 sidewalk rehabilitation project. $50,000 has been budgeted. The 2021 project will focus on areas in Liberty Square, Heritage Park, Settlers Glen, 6th Avenue, and individual requests by residents. Staff recommends the Council authorize preparation of a feasibility report. Page 11 of 13 City Council Meeting April 6, 2021 Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2021-051, Ordering Preparation of Feasibility Report for 2021 Sidewalk Rehabilitation Project (Project 2021-06). Motion passed 4-0-1 with Mayor Kozlowski abstaining. 2021.Street Improvement Project Bid Award Mr. Sanders informed the Council that the low bid submitted for the 2021 Street Improvement Project was $1,627,072.54 from MPM. The bid was 14.5% lower than the engineer's estimate. Staff recommends that the Council accept the bids and award the contract to MPM. He mentioned staff is still working on residents' concerns on Marylane. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2021-052, Accepting Bid and Awarding Contract for 2021 Street Improvement Project (Project 2021-02). All in favor. St. Croix Rec Center Parking Lot Improvement Project Bid Award Mr. Sanders stated that the lowest bid for the St. Croix Valley Rec Center Improvement Project was $227,845.95 submitted by MPM. This was lower than the $300,000 budgeted. Staff recommends that the Council accept the bids and award the contract to MPM. Since the bids came in low, Rec Center Manager Brady has asked for consideration of including the back parking lot. Staff will check to see if that lot could also be included in the project while remaining under budget. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2021-053, Accepting Bid and Awarding Contract for St. Croix Valley Rec Center Complex Improvement Project (Project 2021-04). All in favor. Authorize Council Representative to 2019 Street Improvement Project Assessment Mediation City Attorney Land stated that after the 2019 Street Improvement Project, many property owners along Second Street North appealed their assessments. At this point only five cases remain. The five cases were consolidated by agreement and the matter is scheduled for mediation on May 14, 2021. The Council is asked to authorize a representative of the City to attend mediation with the authority to enter into a binding settlement. Mayor Kozlowski volunteered to be the City representative. Motion by Councilmember Polehna, seconded by Councilmember Junker, to appoint Mayor Kozlowski as the City representative for the 2019 Street Improvement Project Assessment Mediation. All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna stated a Bridge the Valley Bike Rally is being planned for August 15 as part of the bridge/loop trail grand opening activities. He also is working with various groups on Fourth of July Fireworks and the World Snow Sculpting Competition. Councilmember Collins requested that the Council consider supporting a plaque for baseball player John W. "Bud" Fowler at the Old Athletic Field, in coordination with the Washington County Historical Society. Page 12 of 13 City Council Meeting April 6, 2021 Motion by Mayor Kozlowski, seconded by Councilmember Polehna, to provide a letter of support for the placement of a plaque for Bud Fowler at the Old Athletic Field. All in favor. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 9:02 p.m. ATTEST: 7///7',V/ Beth Wolf, City Clerk Te ozlowski, ayor Resolution 2021-045, Resolution Amending Resolution 2021-002 Adopting 2021 Fee Schedule Resolution 2021-046, Resolution Approving the Addition of Additional License Premises Owned by Forge and Foundry Distillery Resolution 2021-047, A Resolution Approving a Preliminary Plat for Marylane Gateway Addition, Case No. 2021-13, with the 15 conditions recommended by staff, with Condition #1 amended to reference the new tree preservation and landscaping plan, and to adopt first reading of an Ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately three acres to RB, Two -Family Residential Resolution 2021-048, A Resolution Approving Temporary Waiver of City Code Permit & Zoning Requirements to Promote Business Activities During the COVID-19 Health Pandemic Resolution 2021-049, Resolution Approving Amendment to Liquor License for Additional Temporary Outdoor License Premises Resolution 2021-050, Accepting Agreement No. 1036984 with MnDOT at Intersection of Hwy 36 and Manning Ave. (Project 2020-07) Resolution 2021-051, Ordering Preparation of Feasibility Report for 2021 Sidewalk Rehabilitation Project (Project 2021-06) Resolution 2021-052, Accepting Bid and Awarding Contract for 2021 Street Improvement Project (Project 2021-02) Resolution 2021-053, Accepting Bid and Awarding Contract for St. Croix Valley Rec Center Complex Improvement Project (Project 2021-04) Page 13 of 13