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2022-09-06 CC Agenda Packet
X Zoom Meeting Participant ID: 808976 IT1 Join Audio City Clerk Beth Wolf Stillwater Stillwater Program Stillwater Stillwater Program Allison Mcginnis Allison Mcginnis Type here to search Security ..E View m Participants (6) (Host, me, participant ID: 808976) 0 Za Stillwater (Co -host) 0 . r Allison Mcginnis 0 FA Stillwater AV 0 01 Stillwater Program Tim Gladhill Invite Mute All Tim Gladhill Share Screen (ix PM 9/6/2022 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING September 6, 2022 REGULAR MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. 2023 Budget Discussion 2. 2022 Strategic Plan Summary 3. Long Range Financial Management Plan 4. Communications Strategy 5. Facility Space Needs Study Discussion 6. Bergstein Shoddy Mill Buildings Reuse Update IV. STAFF REPORTS 7. Public Works Director 8. Police Chief 9. Fire Chief 10. Finance Director 11. Community Development Director 12. City Clerk 13. City Attorney 14. City Administrator 15. IT Manager 16. Library Director V. RECESS RECESSED MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 17. Certificate of Appreciation for Jon Stillman 18. Council Service Award for David Brandt (Parks and Recreation Commission) 19. Bird Migratory Awareness Proclamation X. OPEN FORUM – open forum allows the public to address Council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 20. August 16, 2022 special and regular meeting minutes Page 2 of 2 City Council Meeting Agenda September 6, 2022 21. Payment of Bills 22. CBD Retail Establishment License Ordinance – Ordinance 2nd Reading 23. City Hall Elevator Maintenance Service Contract Extension 24. City Hall Exhibit Wall and Display Case Contract with Museology, LLC 25. Downtown Parking Commission Appointment 26. Fire Service Contract with Stillwater Township 27. Flexible Work Arrangement Policy Updated 28. Jumping from a Bridge, Overpass or Roadway into Public Water Ordinance – Ordinance 2nd Reading 29. Medical Cannabis, CBD Products and Hemp Growing Operations Zoning Ordinance – Ordinance 2nd Reading 30. Regulating Obstructions in the Sidewalk Right of Ways in the Central Business District – Resolution 31. Rivertown Fall Art Festival Event Contract and Temporary Liquor License 32. School Resource Officer Agreement with Stillwater Area Public Schools 33. Security Fencing Project at Stillwater Fire Department 34. Short-Term Housing Rental License Locations Ordinance – Ordinance 2nd Reading 35. Short-Term Home Rental License Application for 119 Owens St N 36. Stillwater Harvest Fest Event Contract and Temporary Liquor License 37. Therapeutic Massage Business Locations Ordinance – Ordinance 2nd Reading 38. Tobacco License for New Owners of Lens Family Foods – Resolution XII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 39. Preliminary Plat and Final Plat to create three new lots located north of 601 Main St N – 2 Resolutions 40. Amend City Code Allowable Uses in Non-residential Districts to specifically allow medical offices in this district – Ordinance 1st Reading 41. Amend City Code regarding Accessory Uses and Structures in residential districts to update sizes for larger lots, allow for home offices/recreation rooms, and remove other conflicting regulations pertaining to accessory structures in the City Ordinance – Tabled to October 4th Council meeting 42. Vacate and discontinue a portion of unbuilt public right-of-way, identified as Third Street, located east of 101 Hazel Street East and west of Schulenburg Park – Resolution 43. Zoning Map Amendment to rezone certain properties to Neighborhood Commercial to better preserve the existing smaller commercial uses in neighborhood areas that are not associated with Downtown or the Highway 36 Commercial Corridor – Ordinance 1st Reading XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 44. 2022 Street Improvement Project Declaring Costs, Preparing Assessment Roll and Call for Hearing – 2 Resolutions 45. 2021 Sidewalk Rehabilitation Project Declaring Costs, Preparing Assessment Roll and Call for Hearing – 2 Resolutions 46. Fee Schedule Amendment for CBD License Fee and Violations – Resolution XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Mayor City of Stillwater, Minnesota Proclamation WHEREAS, bird/glass collisions in the U.S. are estimated to cause as many as one billion bird deaths each year. These deaths are one of the factors most responsible for a 29% decline 2 in North American bird populations since 1970. About 70% of North America’s land birds (350‐400 species) are migratory. Of these, more than 80% migrate at night. Most native songbirds live in rural or forested habitats that are light‐free at night . During migration, intense lights can cause birds to collide with windows or walls, or cause them to circle in confusion, leaving them weak and exhausted when they land; and WHEREAS, each year, 250 species, and millions of birds pass through the St. Croix Valley, during spring and fall while migrating between their breeding and wintering grounds . Many birds never complete their perilous journey because they fatally collide with buildings and windows, confused by the bright lights and glass; and WHEREAS, the City of Stillwater is located along a major neotropical pathway, the Mississippi flyway. Research has shown that eliminating non‐essential indoor and exterior lighting between 11:00 PM and 6:00 AM during spring and fall migration (from midnight to until dawn, during the dates of March 15th to May 31, and August 15th to October 31) can significantly reduce bird mortality; and WHEREAS, the Audubon National Lights Out Program was established to protect birds from light pollution. Lights Out saves energy and money. Turning off building lights at night is good for birds and people and the planet. By saving electricity, it cuts off the costs of doing business, and by reducing energy use, helps to lower carbon pollution; and WHEREAS, the Audubon Lights Out program encourages municipal and commercial building owners and managers to turn off or redirect excess lighting, dim lobby and atrium lighting turn off interior lights ‐ especially upper floors and take other actions during the months birds are migrating to help provide safe passage between bird nesting and wintering grounds; and WHEREAS, the City of Stillwater, along with Bird City Stillwater (SSMN Org.), will encourage municipal and commercial building owners, managers, and residents, to participate in the Lights Out program. The City will utilize currently available resources to switch off non‐essential lights in City facilities. The implementation of a Lights Out program may help to reduce energy use and carbon emissions consistent with City Resolutions. NOW THEREFORE, I, Ted Kozlowski, Mayor of the City of Stillwater, do hereby proclaim March ‐ May and August ‐ October as ~ BIRD MIGRATION AWARENESS and LIGHTS OUT MONTHS, for Bird Migratory Awareness! ~ IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 6th day of September, 2022. Page 1 CITY OF STILLWATER LIST OF BILLS 292 Design Group St. Croix Valley Study 2,200.00 Accurate Radar Specialties Calibration of radar unit 565.00 Action Rental Inc. Mixing trailer and concrete 295.00 Adam's Pest Control Pest control 170.00 Advance Auto Parts Equipment repair supplies 338.30 AMI Consulting Engineers PA Riverbank Stabilization 10,093.75 Arrow Sports Group Concession supplies 240.91 Aspen Mills Uniform & supplies 749.70 B&B Commercial Coating Sand blast 39,000.00 BCA Training Training 75.00 BDI Gopher Bearing Bearings TV 46.79 BHE Community Solar Solar Energy 7,041.16 Bolton & Menk Inc. Sanitary sewer structure project 7,250.00 BridgeTower OpCp LLC Manhole Rehab Project 150.85 CDW Government Inc. Supplies 32.22 Century Fence Company Olive st fence repairs 1,350.00 Century Link Telephone 503.06 Century Power Equipment Supplies 196.49 Cintas Corporation Uniforms & towels 596.85 CivicPlus Municode supplement pages 1,851.60 Coca-Cola Distribution Beverages for concessions 711.27 Cornerstone Land Surveying Lumberjack Landing Trail land survey 8,675.00 Cub Foods Grocery 148.20 Curb Masters Inc. Spring project 10,732.97 Dakota County Technical College Training 1,000.00 Dalco Wasp spray 60.05 Davey Tree Expert Co Tree removal 4,450.00 Deneen Pottery Norg tankard - mugs 1,579.25 DERO Play Core Hoop racks 2,676.45 ECM Publishers Publications 123.50 Emergency Automotive Magnetic mic clip 29.96 Emergency Medical Products First aid supplies 356.45 England Alex Reimburse for notary fee 20.00 Evident Inc. Syringe evidence tubes 121.34 Fastenal Company Uniform shirts 1,226.73 Ferguson Waterworks #2518 Water Meters 1,488.88 Force America Data plan 220.00 Golden Expert Services Janitor Service 4,000.00 Grafix Shoppe Graphics 144.84 Grainger Equipment 761.62 Granicus Inc Qtrly web streaming service 2,123.31 Guardian Supply Uniforms & supplies 5,151.36 Hamond Steve Safety zone buoys 700.00 Hawkins Inc Chemicals 3,986.80 Heritage Embroidery & Design Uniform Tshirts 432.50 Page 2 Holiday Companies Vehicle washes 155.00 Huebsch Service Mat cleaning service 807.17 Ideal Construction Services Repair mens restroom door 1,400.00 Jaytech Inc Bellacide 420.45 Jefferson Fire and Safety Inc. Equipment 1,681.11 Junker Brad Reimbursement 429.63 Lake Country Door LLC Door repair 2,622.28 Lawson Products Equipment repair supplies 124.63 League of MN Cities Membership 18,217.00 LeVander Gillen Miller PA Professional Services 17,792.82 Linde Gas & Equipment Cylinders 63.33 Lindstrom Solar LLC Solar Energy 7,534.94 Lockridge Grindal Nauen PLLP Labor Relations 3,333.33 Loffler Companies Equipment & software 66,300.49 Lynn Peavy Company Supplies 190.35 Mansfield Oil Company Fuel 7,871.27 Marie Ridgeway & Associates Mandatory check ins 230.00 Menards Supplies 3,788.58 Miller Excavating Asphalt & clean concrete 16.50 Minneapolis Oxygen Company Lanthanated tungsten 115.04 Minnesota Mayors Association Membership 30.00 Minnesota Sodding Company Soccer & football layouts 1,507.35 MN Dept of Health Drinking Water Water Connection Fee 31,756.00 MN Rural Water Association Exam refresher 600.00 MP Asphalt Maintenance LLC Crack sealing 25,330.00 My Alarm Center Alarm Monitoring Services 110.37 Office Depot Office supplies 146.88 Oxygen Forensics Inc Advanced Analysis 2,395.00 Parts Alliance North Equipment repair parts 708.96 Quadient Leasing Postage machine lease 455.01 Quill Corporation Supplies 317.12 Riedell Shoes Inc. Skates 52.25 Ries Farms LLC Dirt disposal 146.97 Robole Donna Reimbursement 594.09 Sentry Systems Inc. Alarm monitoring 140.85 Shilts Cindy Reimburse for fuel 20.00 Sonetics 2 way radio 175.00 Special Event Safety Seminars Special Events Mgmt Seminar 1,398.00 St. Croix Boat and Packet Co. Arena Billing June & July 139,181.32 Stillwater Glass Inc. Mirrors installed 864.83 Stillwater Motor Company Vehicle repairs 504.91 Stillwater Turf & Power LLC Fuel cap 13.65 Sunram Construction Riverbank Stabilization 290,223.28 T.A. Schifsky and Sons Aggregate 3,223.50 Titan Machinery Shakopee Equipment repair parts 613.65 Town & Country Fence Chain link fence installed 7,048.00 Tri-State Bobcat Skid-Steer Loader trade in 12,000.00 Page 3 Tru Green Lawn service 126.00 Uline Inc Supplies 4,310.27 Ursel Ben & Stacey Utility Billing Refund 265.08 Winnick Supply Tools 100.98 Wolf Beth Reimbursement 182.72 WSB & Associates Inc. MS4 Services 2,897.67 Xcel Energy Energy 49,575.54 LIBRARY 16 Wins Website Maintenance 380.00 Ace Hardware Snow Thrower 1,599.14 Amazon Business Supplies 282.41 Brodart Co Materials 8,434.13 Chan Karen Programs 350.00 Cole Papers Janitorial Supplies 317.53 Comcast Internet 188.10 Culligan of Stillwater Water 112.75 H W Wilson Materials 295.70 Huebsch Service Towels and Rugs 223.17 Jacobsen Aurora Staff Reimbursement 67.34 Kaericher Jodi Staff Reimbursement 296.68 Library Ideas LLC Materials 1,576.35 Loffler Companies 2 Network Switches 16,434.52 Master Mechanical Inc. HVAC Repair Cooling Leak 2,598.96 Menards Janitorial Supplies 49.59 Midwest Tape Materials 391.55 Office of MN IT Services Phone 148.35 Open Eye Theatre Programs 300.00 Otis Elevator Company Maint. Agreement 638.34 Winkler Lisa D.Advocacy Workshop 2,580.00 ADDENDUM AT&T Mobility First Net Locater 38.23 TOTAL 871,079.17 Adopted by the Stillwater City Council this 6th day of September, 2022 Mayor Ted Kozlowski SUlIwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING September 6, 2022 REGULAR MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1 2023 Budget Discussion 2. 2022 Strategic Plan Summary 3. Long Range Financial Management Plan 4. Communications Strategy 5. Facility Space Needs Study Discussion 6. Bergstein Shoddy Mill Buildings Reuse Update IV. STAFF REPORTS 7. Public Works Director 8. Police Chief 9. Fire Chief 10. Finance Director 11. Community Development Director 12. City Clerk 13. City Attorney 14. City Administrator 15. IT Manager 16. Library Director V. RECESS RECESSED MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 17. Certificate of Appreciation for Jon Stillman 18. Council Service Award for David Brandt (Parks and Recreation Commission) X. OPEN FORUM — open forum allows the public to address Council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 19. August 16, 2022 special and regular meeting minutes 20. Payment of Bills 21. CBD Retail Establishment License Ordinance — Ordinance 2nd Reading 22. City Hall Elevator Maintenance Service Contract Extension 23. City Hall Exhibit Wall and Display Case Contract with Museology, LLC 24. Downtown Parking Commission Appointment 25. Fire Service Contract with Stillwater Township 26. Flexible Work Arrangement Policy Updated 27. Jumping from a Bridge, Overpass or Roadway into Public Water Ordinance — Ordinance 2nd Reading 28. Medical Cannabis, CBD Products and Hemp Growing Operations Zoning Ordinance — Ordinance 2nd Reading 29. Regulating Obstructions in the Sidewalk Right of Ways in the Central Business District — Resolution 30. Rivertown Fall Art Festival Event Contract and Temporary Liquor License 31. School Resource Officer Agreement with Stillwater Area Public Schools 32. Security Fencing Project at Stillwater Fire Department 33. Short -Term Housing Rental License Locations Ordinance — Ordinance 2nd Reading 34. Short -Term Home Rental License Application for 119 Owens St N 35. Stillwater Harvest Fest Event Contract and Temporary Liquor License 36. Therapeutic Massage Business Locations Ordinance — Ordinance 2nd Reading 37. Tobacco License for New Owners of Lens Family Foods — Resolution XII. PUBLIC HEARINGS — when addressing Council please limit your comments to 10 minutes or less. 38. Preliminary Plat and Final Plat to create three new lots located north of 601 Main St N — 2 Resolutions 39. Amend City Code Allowable Uses in Non-residential Districts to specifically allow medical offices in this district — Ordinance 1' Reading 40. Amend City Code regarding Accessory Uses and Structures in residential districts to update sizes for larger lots, allow for home offices/recreation rooms, and remove other conflicting regulations pertaining to accessory structures in the City Ordinance — Tabled to October 4th Council meeting 41. Vacate and discontinue a portion of unbuilt public right-of-way, identified as Third Street, located east of 101 Hazel Street East and west of Schulenburg Park — Resolution 42. Zoning Map Amendment to rezone certain properties to Neighborhood Commercial to better preserve the existing smaller commercial uses in neighborhood areas that are not associated with Downtown or the Highway 36 Commercial Corridor — Ordinance 1st Reading XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 43. 2022 Street Improvement Project Declaring Costs, Preparing Assessment Roll and Call for Hearing — 2 Resolutions 44. 2021 Sidewalk Rehabilitation Project Declaring Costs, Preparing Assessment Roll and Call for Hearing — 2 Resolutions 45. Fee Schedule Amendment for CBD License Fee and Violations — Resolution XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2of2 City Council Meeting Agenda September 6, 2022 2023 Proposed Budget City of Stillwater — September 6, 2022 iliwater THE BIRTHPLACE OF MINNESOTA Levy Adjustments to Preliminary 2023 Budget Levy Reductions: Moved $47,000 in consultant fees to ARPA Funding $6,000 reduction in expenditures $20,000 increase in revenues $73,000 Initial General Levy Proposed Tax increase 7.33% New proposed baseline budget tax increase 11.61 % -$73,000 11.00% City of Stillwater Property Tax Levy Proposed 2023 vs Adopted 2022 2023 Requested 2023 Proposed $ Increase % Increase $12,032,975 General Operating Tax Levy $13,836,018 $13,356,818 $1,323,843 11.002% $3,890,822 Debt Service Tax Levy $4,521,142 $4,221,061 $330,239 8.488% $15 923 79 Totals $18 357 16 $17 577 87 $1 654 08 10.387°/ 2022 Adopted PARCEL -SPECIFIC LEVY 2023 Requested 2023 Proposed $ Decrease % Decrease $44,000 WMO Tax Levy $44,400 $40,700 -$3,300 -7.500% . [ 1lawater Property Tax Rate Proposed 2023 Formula: Total City Property Tax Levy City's Taxable Tax Capacity = City Tax Rate Proposed Pay 2023 Change Property Tax Levy Fiscal Disparity Portion of Levy City's Portion of Levy City's Taxable Tax Capacity City Tax Rate $15,967,797 $17,618,579 10.338% $1,579,914 $1,426,036* -9.740% $14,387,883 $16,192,543 12.543% $27,709,752 $32,834,909* 18.496% 51.924% 49.315% -5.025% Notes: Property Tax Levy amount includes Water Management Organization (WMO) *2023 Taxable Tax Capacity numbers and fiscal disparity numbers are estimates from Washington County. City of Stillwater City Property Tax Rates Last 9 Years and Estimated 2023* (Rates include WMO) 60% 58% 56% 54% 52% 50% 48% 46% 44% I 1 I I 1 1 1 III 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023* City of Stillwater Year Rate 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023* 58.359% 55.225% 57.425% 57.322% 53.790% 54.629% 53.814% 52.265% 51.924% 49.315% Tax Impact -Residential 2023 Updated Proposed Actual Payable 2022 Taxablea Market Tax Value Capacity $323,700 $212,800 $255,300 3,156 1,947 2,410 $297,900 2,875 $340,400 3,338 City Tax Rate City Property Tax 51.924% 51.924% 51.924% $1,638.71 $1,010.95 $1,251.36 Proposed Payable 2023 Taxable Market Value Tax Capacity Proposed City Tax Rate City Property Tax From 2022 to 2023 Annual Increase Monthly Increase % Change $380,400 $250,000 $300,000 3,774 2,353 2,898 49.315% 49.315% 49.315% $1,861.15 $1,160.38 $1,429.15 $222.44 $149.43 $177.79 $18.54 13.6% $12.45 14.8 % $14.82 14.2% 51.924% $1,492.80 $350,000 3,443 49.315% $1,697.92 $205.11 51.924% $1,733.21 $400,000 3,988 49.315% $1,966.68 $233.48 $17.09 13.7% $19.46 13.5% Assumptions: 17.5% increase in Market Value from 2022 to 2023 (Estimate from County) Information is based on Residential Homestead Properties Market Values are converted to Tax Capacity Values using Class Rates determined by the MN Legislature City of Stillwater Where Does Your Property Tax Dollar Go? How the City spends each dollar it receives from the tax levy rt vi1 Tn,s nor! IS LEGAL7E1 FDre hiL eL@TZ.R6US!WI a. 11 K030[40506F 115.367 Public Safety 340 City of Stillwater trir,i-�t,r rug gititml Debt Service 240 PK II I General Government 190 Pik 06 H r.D.0. Efftg Parks 7¢ Public Works 7¢ Library 9¢ . [ 1lawater Public Safety: Police, Fire Building Inspections Emergency Management General Government: Mayor & City Council Elections, MIS Finance Administration, HR City Attorney Plant/City Hall Community Development Unallocated Parks Public Works: Engineering, Streets Library illwater Median Home Value Property Tax Breakdown - $380,400 SFH Monthly Cost Public Safety Debt Service El— $632.79 $446.68 $52.73 $37.22 General Government Library Parks Public Works TOTALS $353.62 $167.50 $29.47 $13.96 $130.28 $10.86 $130.28 $10.86 $1,861.15 $155.10 City of Stillwater . [ 1lawater Public Safety - $52.73 per month • 24/7/365 Police and Fire Protection Services • Fire Services - 1,920 Fire Department Calls in 2021 • Fire Suppression • BLS Medical Calls • Water/Ice Rescue • Fire Prevention • Police Services — 18,723 Police Department Calls in 2021 • Patrol • Investigations • Event Security, Crisis response, Emergency Management • Animal Control, School Resources Officer, Parking City of Stillwater Debt Service - $37.22 per month • Park and Trail Improvements — 35 parks, 26 miles of trails, 18 playground areas, 13 ballfields, 12 tennis courts, 6 bathroom facilities • Street Improvements - 96 miles of street network, 4.6 miles improved 2021 • Building Improvements and Repair — City Hall/Police Department; Fire Station; Carnegie Library; Public Works. • Capital Equipment — IT infrastructure; Police Cars; Fire Trucks; Plow Trucks; etc. City of Stillwater General Government $29.47 per month • 100+ City Council / Boards & Commission Meetings • Management of approximately $40 million annual budget • Management, filling, recruiting for 107 positions • Business Licensing, Elections • Maintenance of IT Infrastructure — cameras, computers, data, copiers, security, network • Community Development — Comp Plan, Planning, Zoning, Economic Development, Land Use, Code Enforcement • Auditing, Legal Services, Billing, Accounts Payable, Assessing City of Stillwater Parks $10.86 per month • Maintain Parks and Trails — 35 parks, 26 miles of trails, 18 playground areas, 13 ballfields, 12 tennis courts, 6 bathroom facilities • Clearing trails • Mowing Parks (75 acres) • Event Permitting and Review • Maintaining Park equipment, playgrounds, benches, courts, bathrooms City of Stillwater Public Works $10.86 per month • Maintain 96 miles of roads • Snow and ice removal • Road Maintenance and repairs • Tree Trimming • Crack Sealing • Seal Coating • Painting Crosswalks • Pavement Markings • Sidewalks City of Stillwater . [ e1ylawatee ARPA Funding Uses 2022/2023 Department Purpose Proposed Year Council/Mayor City Code Update $7,000 2023 Administration Communications Strategy /Consulting $52,000 2022/2023 Administration Space Needs/Condition Rating $100,000 2022/2023 Administration Long Range Financial Planning $40,000 2022/2023 Engineering Washington St Intersection Road Study $40,000 2023 Finance Comprehensive Software 1 $300,000 Police Side by Side Vehicles (2)_Mill $100,000 2023 2023 TOTAL $639,000 ARPA FUNDS SUMMARY Funds Received $2,144,882 Allocated - $445,000 Proposed - $639,000 Funds Remaining $1,060,882 ................................. .......................................................................................... .......................................................................................... .......................................................................................... .......................................................................................... Discussion Items - Levy Adjustments to Preliminary 2023 Budget Department Purpose $ Increase Increase Library Levy Increase $26,510 .223% Community Beautification Bridge Lighting $24,000 .199% Community Beautification Downtown Holiday Lighting $30,000 .249% Police Police Officers (2) $247,524 2.057% MIS IT Technician/Consultant $90,831 .755% Community Development Enforcement Specialist $90,831 .755% Community Development Reclass Administrative Assistant TOTALS $5,194 $514,890 .043% 4.281% Jwafer Permanent Improvement Projects Proposed 2023 Proposed Projects Annual GO Debt State Funding Washington County Special Assessments TIF Funds Other Funding 2023 Budget Curve Crest Boulevard Connect/Ext $1,110,000 $1,200,000 $750,000 Downtown Lighting Improvement $1,125,000 $250,000 Chestnut St Plaza $1,040,000 72nd Street/Trail Connection $550,000 McKusick Boardwalk $40,000 Space Needs/Condition Rating _umberjack Landing TH 95 Entrance Monument Annual Street Improvement Project $375,000 $900,000 $50,000 Sidewalk Project $62,500 CSAH 5 Phase 2 Pine Tree Trail- Sycamore $240,000 $3,551,000 Lily Lake Parking Lot Rehab Downtown Parking Lot Improvements TOTAL $4,162,500 $2,780,000 $4,301,000 $125,000 $460,000 $50,000 $1,700,000 $62,500 $250,000 $2,187,500 2023 Budget Impacts Maximum planned bonding is approximately $4,000,000. $460,000 $2,040,000 $5,100,000 $1,500,000 $1,500,000 $600,000 $40,000 $100,000 $450,000 $100,000 $100,000 $875,000 $100,000 $2,600,000 $125,000 $4, 041, 000 $250,000 $200,000 $3,140,000 $250,000 $200,000 $17,031,000 iliwater_ rITE R R' H R. ACE Ot MINNE SO TA CITY OF STILLWATER Strategic Plan PREPARED BY: WSb Process ill The City of Stillwater undertook their annual strategic planning process in July of 2022. The process included individual meetings between the Mayor, City Council, Department Head Team and consultant as well as a 1 day facilitated session on Thursday, July 21st. The session included: Team building Mayor, Council, and Department Head expectation presentations Discussion on priorities, strategies, and projects Discussion on champions and actionable steps to mover the priorities and strategies forward PARTICIPANTS INCLUDED: • Mayor Ted Kozlowski • Council Member Ryan Collins Council Member David Junker Council Member Larry Odebrecht Council Member Michael Polehna City Administrator Joe Kohlmann • Community Development Director Tim Gladhill • Fire Chief Stuart Glaser • MIS Manager Rose Holman/IT Specialist Rich Bornt Chief of Police Brian Mueller Finance Director Sharon Provos HR Manager Donna Robole Public Works Director Shawn Sanders City Clerk Beth Wolf CONSULTANTS: • Bart Fischer, WSB • Mikaela Ziegler, WSB This plan summarizes the discussions from the individual meetings and facilitated session. It is intended to be a working document that is fluid as it elicits continued discussion on the priorities, strategies, projects, and action steps for Stillwater. CITY OF STILLWATER STRATEGIC PLAN Process 11 Baseline The following represents the mission, core values, and 2021 Strategic Planning Summary of the City of Stillwater. This is important to include in the 2022 Strategic Action Plan as it provides a baseline for the discussions, strategies, and goals year over year. MISSION STATEMENT To provide the community with a quality living environment, quality public services and facilities while protecting cultural, historical and natural resources through fair and open government, careful planning, effective management and efficient fiscal policy *RESPECT* Honor the diverse contributions of all to the betterment of the organization and community; treat all parties equitably. CORE VALUES *INTEGRITY* Ethical and principled approach dealing with issues, individuals and community; Earns others' trust and respect through consistent honesty and professionalism in all interactions. *QUALITY* Excellence, pride and stewardship in delivery of best possible customer service with effective and efficient outcomes. I Y'C'!49N21lxP►eOSK114601sr�aS'x' • *TRUST* Truthful, open and accountable in all interactions *COMPETENCE* Strives for continuous improvement in self, community assets and management of resources. CITY OF STILLWATER STRATEGIC PLAN Process 12 Baseline (continued) DEVELOP ORGANIZATIONAL EXCELLENCE Maintain High Quality, Efficient Public Service Delivery Standards Develop Leadership Training and Succession Planning and a Learning Culture Implement Organization Study Recommendations DEVELOP OUR COMMUNITY Define Economic Development and Branding and Communications Strategies Promote Economic Development and Housing Affordability Become a Year Round Destination City with a Sustainable and Balanced Downtown Support Partnerships for Collaboration/ Joint Services with other Communities & Organizations Implement Software Integration and Update City Facilities Foster Community Engagement; Recognize Diversity, Inclusion and Equity Update City Infrastructure, Including Parks and Recreation Facilities Enhance City Policies/Ordinances Meet the Health, Safety and Well -Being needs of Our Citizens SUSTAIN STRATEGIC PLANNING AND IMPLEMENTATION • Develop Sustainable Funding Mechanisms for Operating and Capital Budgeting CITY OF STILLWATER STRATEGIC PLAN • Commit to Annual Strategic Planning • Develop a Legislative Agenda Process 13 Priorities/Strategies This chart represents the priorities, strategies, and projects gleaned from the strategic planning session as well as the individual meetings. This list is in no particular order of importance and is meant to be fluid and adaptable. It is recommended that the Stillwater Team discuss target timelines and lead people/ persons for each. PRIORITY/STRATEGY/PROJECT COMMUNICATIONS STAFF POSITION • Put together a small group of Stillwater Team members to explore and draft a position description. COMMUNICATIONS STRATEGY Research and develop a communications strategy and plan for Stillwater. Continue moving toward a more consistent brand and logo for the City. TARGET Prepare for 2024 Budget Discussion Fall of 2022 if Consultant is used Spring/Summer if in house. Refined and updated with potential addition of Staff for 2024 LEAD Joe Kohlmann, department heads Joe Kohlmann, department heads, communications staff CITIZEN'S BUDGET • Create a clear, concise budget document for Stillwater residents. Completed Fourth Quarter 2022 Sharon Provos, Joe Kohlmann TEAM BUILDING/CULTURE Twice annually Joe Kohlmann Get the Leadership Team (City Council and Department Heads) together in the same room to discuss and update priorities, strategies, projects at least twice annually. EVENT METRICS • Gather usable metrics on events that show the true costs to the City/Departments. Fourth quarter of 2022 and ongoing Joe Kohlmann, Brian Mueller, Shawn Sanders, Stuart Glaser CITY OF STILLWATER STRATEGIC PLAN Priorities/Strategies 1 4 PRIORITY/STRATEGY/PROJECT TARGET LEAD DEVELOPMENT AND MAINTAINING OF KEY PARTNERSHIPS These include Downtown, businesses, Chamber, CVB, Sustainable Stillwater, State of Minnesota, Residents Ongoing Council Member Junker (Lead), Mayor, Council Members, Joe Kohlmann, Brian Mueller, Tim Gladhill, Shawn Sanders, Stuart Glaser, Beth Wolf PARKING Develop a parking strategy, policy, and fees as it specifically relates to Downtown parking. Fourth Quarter of 2022 Tim Gladhil, Joe Kohlmann, Shawn Sanders, Brian Mueller, Sharon Provos SALES TAX AND SPECIAL TAXING DISTRICT Explore the pros and cons and provide a recommendation on both a sales tax and special taxing district. Fourth Quarter of 2022 Sharon Provos, Joe Kohlmann, Tim Gladhill, Shawn Sanders, Brian Mueller EMPLOYEE TRAINING OPPORTUNITIES Ongoing AND SUCCESSION PLANNING Department heads, Donna Robole CREATE/ENHANCE THE CIP • Create/enhance as it relates to riverfront properties and buildings. Completed by first quarter of of 2023 Joe Kohlmann, Sharon Provos, all department heads PARKS AND RECREATION STAFF POSITION Put together a small group of Stillwater Team members to explore and draft a position description. Discussion in 2023 Council Member Michael Polehna, Shawn Sanders, Donna Robole ORGANIZATIONAL STAFFING STUDY Conduct an organization wide (vs department by department) study of staffing needs. Discussion in 2023 Donna Robole, Joe Kohlmann, department heads CITY OF STILLWATER STRATEGIC PLAN Priorities/Strategies 1 5 PRIORITY/STRATEGY/PROJECT TARGET LEAD ORGANIZATIONAL FINANCIAL PLAN Create a comprehensive, organization -wide 5-10 year financial plan to address funding of needs. ECONOMIC DEVELOPMENT/EDA STRATEGY • Develop, define, and refine an economic development strategy for the community. Completed in first Quarter of 2023 Second Quarter 2023 Joe Kohlmann, Sharon Provos, all department heads Tim Gladhill, EDA ORGANIZATIONAL SPACE NEEDS STUDY • Conduct an organization wide space needs study. • Facility Condition Rating Assessment Completed by first quarter of 2023 in conjunction with Long Range Finance Plan Shawn Sanders, Mick Greiner, Stuart Glaser, Brian Mueller, Joe Kohlmann RENTAL ORDINANCE • Create a rental ordinance for the City. End of 2023 Council Member Ryan Collins, Community Development staff IT/IS Create and maintain a proactive, collaborative IT division. Create and utilize a small group of Stillwater Team Members focused on IT challenges, issues, and collaboration. End of 2022 Ongoing Rose Holman, Rich Bornt REGULAR CHECK INS AND UPDATES • Check ins and updates on progress of Priorities, Strategies, and Projects Every Month Department heads CITY OF STILLWATER STRATEGIC PLAN Priorities/StrategiesI6 TASK 2022 Q1 Q2 Q3 Q4 2023 Q1 Q2 Q3 Q4 2024 Q2 Q3 Q3 Q4 A. COMMUNICATIONS / RELATIONSHIP BUILDING COMMUNICATIONS STRATEGY 0 W/ CONSULTANT 0 W/O CONSULTANT COMMUNICATIONS POSITION O CITIZENS BUDGET O TEAM BUILDING O 0 0 0 0 0 DEVELOP/MAINTAIN KEY PARTNERSHIPS ONGOING B. OPERATIONS PARKING O ALTERNATIVE REVENUES O EMPLOYEE TRAINING ONGOING CREATE/ENHANCE CIP O ORGANIZATIONAL STAFFING STUDY O LONG RANGE FINANCIAL MANAGEMENT PLAN O EVENT METRICS O SPACE NEEDS / CONDITION RATING O C. COMMUNITY ECONOMIC DEVELOPMENT AUTHORITY/STRATEGY O RENTAL HOUSING ORDINANCE O PARKS & REC STAFF POSITION O CITY OF STILLWATER STRATEGIC PLAN Priorities/StrategiesI7 Summary/Conclusion ill The 2022 Stillwater Strategic Planning Process allowed the Mayor, City Council, and Department Head Team to discuss priorities, strategies, and projects for Stillwater. The process allowed for listening and better understanding of individual goals in an effort to collaborate and move forward with a list of group strategies and priorities. It is recommended that opportunities are created throughout the year for updates and continued discussion by the Stillwater Team of the priorities, strategies, and projects as laid out in this document. This will be vital in keeping the lines of communication open for collaboration, understanding, the building of trusting relationships, and the continued momentum in creating a successful Stillwater. ,M_iG Ei66i i� ; 000p0011 W ��� ; +r►— Is mi �:liiii CITY OF STILLWATER STRATEGIC PLAN Summary/Conclusion 18 iliwater THE B I R TH P i AC E OF MINNESOTA DATE: September 6th, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Long Range Financial Management Plan BACKGROUND Baker Tilly has provided the attached Scope of Work for a Long -Range Financial Management Plan. In short, the plan will go out ten years and include analysis of tax levy, capital purchasing, cash reserve analysis, develop a forecast, analyze and prepare scenarios, and comprehensively review the city's finances. ACTION REQUESTED Review, discuss and ask questions after a brief presentation from Baker Tilly. Attachments: Scope of Work proposal PowerPoint Presentation City of Stillwater, Minnesota Work Plan to Provide a Ten -Year Long -Range Capital Financial Planning Model Scope of Work Au • ust 202 Baker Tilly's approach would be to assist the City in preparing a comprehensive ten-year long-term financial plan. The plan will include projections for the City's General Fund, Library Fund, Parks Fund, Debt Service Fund and Capital Projects Fund. The purpose of the capital plan is to assist the City in budgetary planning and management of its current and future programs and resources. The plan will also review and address various TIF districts and how excess increment may be used or when tax capacity in each district will be able to be added back to the City's overall tax base. To assist in the development of this plan, Baker Tilly would update the interactive forecasting model to test various assumptions and up to three scenarios. The interactive forecasting model will enable the City to develop comprehensive financial forecasts of revenues and expenditures in evaluating the long- term fiscal impact of capital outlay coupled with economic conditions and trends. Specifically, the interactive forecasting model will be used to generate a Baseline scenario representing the most likely or expected conditions, as well three alternative "what if' scenarios. Information Requests In order to conduct this study, Baker Tilly requests that the City identify a Project Manager to serve as a contact person between Baker Tilly and the City. The Project Manager will be responsible for the gathering of accurate and timely information necessary to complete the project. At a minimum, the following information will be needed to complete the study: Projected residential and commercial growth — # of units developed by type — Value of units by type - Current and proposed FTEs with salary and benefits assumptions by year — Capital Improvement Plan — 2023 operating budget and YTD financial information - 2022 operating budget — Cash reserves available for CIP projects — Previous two years' certified levy worksheets 8 Baker Tilly would undertake the following process to update the interactive forecasting model: — Review and analyze the historical financial performance and trends, including all operating revenues and expenditures — Develop preliminary interactive operating budget forecasting model in Microsoft Excel for the General Fund, Library Fund, Parks Fund, Debt Service Fund and Capital Projects Fund — Meet with City staff to review the preliminary model. Baker Tilly will modify or change the model, incorporating staff comments as appropriate — Prepare a final forecasting model - Provide up to three scenarios - Prepare a draft executive summary of the forecast(s) for review by the City - Prepare a final summary, incorporating changes requested by the team Deliverable We will complete our analysis using Microsoft Excel and prepare a Draft Executive Summary of the ten-year financial forecast for the City's review. We will incorporate any changes into the Final Executive Summary and present our findings at a regular or workshop session of the City, if desired. The model will be delivered to the City upon completion of the project and training will be provided as needed. Compensation and Schedule We propose to complete this study as described in this proposal for a lump sum fee of $35,000; exclusive of any out-of-pocket expenses such as travel, copying, etc. This fee will include up to three financial scenarios. Should the City request and authorize any other additional work outside the scope of services described in this proposal we would invoice the City at our standard hourly fees as shown in the table below plus any related out-of-pocket expenses. 2022 Hourly , Rate Principal & Senior Officer $300 -$400 Senior Professional Staff $275-$325 Professional Staff $225 Associates $80 9 We will complete the study within 8-10 weeks of receiving the notice to proceed providing that all necessary information is made available to Baker Tilly in a timely manner and that the City is available for required meetings. The foregoing Agreement is hereby entered into on behalf of the respective parties by signature of the following persons each of whom is duly authorized to bind the parties indicated. FOR CLIENT Baker Tilly Name Name Title Title 10 Key Personnel liMIPPRWir VFW Our staffs breadth of experience and depth of expertise are two of our most important characteristics in providing high -quality service to clients. Many of our staff have backgrounds in municipal and county government, education or with development firms and non-profit organizations, so they share our clients' perspectives in developing solutions. Each client draws on the talents of many members of our staff. We assign a specific client service team to ensure primary responsibility for each project. The staff assigned to this project is experienced in utility expense and cost analysis. The teams are free to draw upon the expertise of our entire staff. Partner Director CITY OF STILLWATER, MN ELIZABETH BERGMAN CLIENT LIAISON PATTY KETTLES PROJECT LEAD MIKAELA HUOT CO -PROJECT LEAD LAUREN VOLZ BOND SPECIALIST Elizabeth Bergman Qualifications: Elizabeth joins the firm following 13 years at Moody's Investors Service. Most recently, she was a Vice President in Moody's London office, where she played a central role in the expansion of European public sector borrowing on capital markets. Prior to that, she spent eight years in New York on Moody's US Public Finance team, where she rated a wide variety of securities and worked on the development of methodologies. Elizabeth has also spent time with Moody's Analytics, where she delivered credit analysis training to investors. She has public sector experience working for the New York City Office of Management and Budget, The University of Minnesota and Minnesota Technology. Role: Elizabeth will serve as the client liaison, ensuring all information is collected and timelines are met. Patty Kettles, CIPMA Qualifications: Patty has over 26 years of experience working with Baker Tilly clients on various projects, including performing utility rate analyses and financial feasibilities, financing options, capital improvement programming and debt management. Patty holds a Master of Business Administration from the University of St. Thomas and a Bachelor of Science degree in Finance from the University of Minnesota and is MSRB Municipal Advisor Series 50 Qualified Role: Patty will serve as the project lead, building and updating the financial model. City of Stillwater, MN Director Mikaela Huot, EDFP Qualifications: Mikaela has been with Baker Tilly's housing and economic development team since 2000. Mikaela is a specialist in the comprehensive analysis and use of a variety of economic development, redevelopment and housing programs in the Midwest and Mid - Atlantic regions, including property tax and sales tax increment financing, tax abatement, state grant and loan programs, enterprise zones, community development authorities and special service/business improvement districts. Mikaela received a Bachelor of Science in applied economics and Business and Industry Education from the University of Minnesota. She is certified through the National Development Council as an Economic Development Finance Professional and is also MSRB Municipal Advisor Series 50 Qualified. Role: Mikaela will serve as the co -project lead. Manager Lauren Volz Qualifications: Lauren has been with Baker Tilly since 2007. As a manager in the public finance department, Lauren is responsible for assisting clients with all aspects of the debt issuance process, working with a wide range of municipal issuers and credits to develop and implement optimal approaches to connect financial needs with effective debt solutions, examining and reviewing legal documents, and ensuring compliance with specific state and federal requirements. She works with general obligation, revenue, lease, higher education and conduit financings with an emphasis in Minnesota, Kansas, and Missouri. Lauren holds a Bachelor of Arts in Spanish studies from the University of Minnesota and is MSRB Municipal Advisor Series 50 Qualified Role: Lauren will serve as the Bond Specialist. City of Oakdale Page I 12 SCOPE APPENDIX to Engagement Letter dated: August 9, 2022 Between the City of Stillwater, Minnesota and Baker Tilly US, LLP Ex a ®ri@nge Baker Tilly has completed more than 40 long-range financial planning models for clients in the geographic areas we provide services. Conflicts of Interest We are unaware of any additional conflicts of interest related to this Scope Appendix that exist at this time Termination This Scope Appendix will terminate according to the terms of the Agreement. If this Scope Appendix is acceptable, please sign below and return one copy to us for our files. We look forward to working with you on this important project. Sincerely, Signature Section: The services and terms as set forth in this Scope Appendix are agreed to on behalf of the Client by: Name: Title: Date: bakertilly Page SA 13113 Financial Forecast Forecast oWhy is there a need for a financial forecast? oWhat is a financial forecast? oWhat is the purpose of a financial forecast? oWhat are the financial forecast assumptions & scenarios? oWhat is the strength of the sales tax base? 2 What is a financial forecast? oA fiscal management tool. o It presents a projected end result; a scenario, that may occur based upon specific assumptions - past, current, and projected financial conditions. oA forecast is not a prediction; it is not a budget. Change the assumptions and the end result will change. 3 What is the purpose of a financial forecast? oTo evaluate current and future fiscal conditions to guide policy and programmatic decisions. oTo identify possible future revenue and expenditure trends that may have an immediate- or long-term impact on city policies, goals and services. oTo promote effective and informed decision -making in maintaining fiscal discipline and delivering city services. 4 What are the parts of the forecast? o Forecast horizon: 2023 - 2033 oAssumptions: • Tax Base • General Fund Status Quo (operating and capital) • organization • Development 5 What are the parts of the forecast? oAnnual Benchmarks: • Projected General Fund Levy • Beginning and Ending General Fund Balances • Other tax levy supported funds • Property Tax Impact ($250,000 residential homestead) o Forecast tax base and general fund revenues and expenditures annually 6 What are the forecast assumptions? Assumptions Status Quo Assumptions: (annual growth rate) Tax Base General Fund: Revenues Expenditures 2020 - 2030 2.00% 2.00% 2.50% Scenario A Projected City Taxes Paid on a $250,000 Residential Homestead $1,600 $1,400 $1,200 $1,000 $800 $600 $400 $200 $- Scenario A General Fund Ending Balance 10.20 10.00 9.80 9.60 9.40 9.20 9.00 8.80 8.60 8.40 O1q Oti0O��O�tiO,�n�O��O��O,tibOff^ O,y�O,c) OHO , 1, , ti 1, ti ti 1• , ti Millions of Dollars General Fund Ending Balance 70% 60% 50% 40 % 30% 20% 10% 0% 55% 1111111111 I s-e-til I I e OtiO o1•� O' L�' O'ti� ,''Lb` Otis o'11►b o1+^ 1• 1► 1. 11. 1+ 'b le' , '1O Percentage of Expenditures Scenario A Projected Levy 16 14 - 12 j $10.4 10 8 6 4 2 0 tiq 'y� �11 titi ti� tib` ti� tib ti� ti� tiq 4 ,ti0 1.° ,ti0 ,y0 ,y0 ,y0 4. 1 ,ti0 Millions of Dollars Projected Tax Rates 60% .55% 50% 45% 40% 35% 30% 25% 43.123% 39.227% A ' A - 37.919% tiq ti ti titi ti tib` ti0 tib ti^ ti, tiq450 10 Forecast Scenarios Comparison Scenario Benchmarks Projected Levy* General Fund Ending Balance* General Fund Ending Balance Percentage Tax Rates City Taxes Paid ($250,000 Residential Homestead) Annual Average Dollar Increase Annual Average Percentage Increase *millions Proposed 2020 _ $ 10.40 $ 9.61 68% 39.23% $ 884 A- WO/Development Al - WO/Sales Tax 16.50 10.90 55% 47.31% 1,395 51.15 4.67% Scenarios 2030 A2 - W/Sales Tax 15.00 10.09 55% 43.12% 1,271 38.75 3.70% B - W/Development B1 - WO/Sales Tax $ 18.40 $ 11.03 55% 44.04% $ 1,298 41.45 3.92% B2 - W/Sales Tax 16.90 11.03 55% 40.45% 1,192 $ 30.85 3.04% 11 Summary o Effective budgeting provides the resources to implement the plans that sustain and create the city residents and businesses desire. o Effective Budgeting: • Begins with Vision/Goals/Plans • Forecast: Long - term financial perspective; 5 - 10 years • Annual Budget: Short-term; one year at a time 12 iliwater THE B I R TH P i AC E OF MINNESOTA DATE: September 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Communications Plan Strategy BACKGROUND Goff Public will be in attendance to present on developing a Communications Strategy. The Communications Strategy would develop a citywide plan, structure, process; identify stories, and prepare an editorial calendar for 2023. Communications would include communicating to the public, external partners, and internal communications. The budget proposed amount also includes allocation for Social Media Training and Economic Development initiatives. Strategy, Social Media Training and Economic Development initiatives makeup the total allocation from the 2023 Budget Discussion. Attached is Goff Public's full Scope of Services menu. Only the three mentioned above are being presented. ACTION REQUESTED Review, Discuss, and ask questions after a short Presentation from Goff Public. Attachments: Communications Scope of Services PowerPoint Presentation GOFFPUBLIC CITY OF STILLWATER Proposal for communications services August 5, 2022 Thank you for the opportunity to support the City of Stillwater with communications services. We understand that you are looking to add capacity for better communication and engagement with residents. Goff Public is a trusted partner to many local units of government, known for our ability to efficiently manage communications projects and create processes that empower leaders and staff to communicate effectively, consistently and with creativity. Ongoing communications to connect with and inform key audiences is critical for local governments, but without dedicated resources, it can get overshadowed by all of the important and necessary services cities provide residents each day. Based on our initial conversation, we understand that the City of Stillwater is ready to communicate more proactively with residents to build relationships and deepen their understanding of city services. We are uniquely suited for this work based on our track record of successful government communications projects — from routine resident correspondence to multifaceted communications campaigns around city initiatives. WHO WE ARE Goff Public is an independent communications agency based in Minnesota with a long history of helping local governments communicate projects, initiatives and overall services. Highly respected and trusted in the industry, the Goff Public team includes talented, motivated professionals with unsurpassed public relations experience. As a Goff Public client, you would have access to the collective knowledge and passion of our entire firm. We assign a multiple -person team to each client so that someone is always available to assist you. Our core team for the City of Stillwater would include longtime local government communications experts Sara Swenson and Ashley Aram. Your account team would call upon other Goff Public team members as appropriate. SARA SWENSON I DIRECTOR, PUBLIC RELATIONS Sara is a persuasive, sophisticated communicator. From proactive PR strategies to thoughtful messaging to transparent community engagement, Sara helps clients engage with the audiences who matter most to them in concise and memorable ways. Sara is also a key member of Goff Public's media training and crisis communications teams, guiding clients through challenging situations and emerging issues with an emphasis on transparent, timely communication. Sara's more than 10 years of experience includes extensive work with state, tribal and local governments, philanthropy, human services, and higher education institutions. She has worked on economic development projects across the Twin Cities — including CHS Field, the Ford site, Rice Creek Commons, RiversEdge and Dorothy Day Place. The common thread through all of Sara's work is a focus on helping citizens better understand and engage with their community and their government. A passionate advocate for her community, Sara serves on the Saint Paul Area Chamber Foundation Board of Directors and the Neighborhood House Board of Directors. goffpublic.com ASHLEY ARAM I DIRECTOR, PUBLIC RELATIONS Rely on Ashley for sound strategy and real results. Launching a new initiative? Preparing new leaders? Managing a crisis? Look to Ashley for expert advice and thoughtful strategy. No matter the industry, Ashley helps clients reach their goals and expertly position their organizations. As a member of Goff Public's media training and crisis communications teams, she regularly helps clients prepare for and navigate challenging situations and emerging issues. In her time at Goff Public, Ashley has led nonprofit organizations through important transitions; helped clients build advocacy campaigns for critical issues at the state Capitol; and raised the profile of many organizations through smart media relations and digital communications strategy. Prior to Goff Public, Ashley spent years in the office of former Saint Paul Mayor Chris Coleman, serving as press secretary and then as senior communications advisor. WHAT WE'LL DELIVER To support the City of Stillwater in its goal of communicating more with residents and driving greater awareness, Goff Public would provide the following services in two phases. PHASE I: PLANNING (SEPTEMBER-DECEMBER 2022) At the outset of our relationship with you, we would prepare the city's communications infrastructure, so there are established communications processes that can be executed by city staff as well as our team. This includes a citywide communications plan, which provides structure, processes and ideas for regular communication throughout the year, and a crisis communication plan, which considers how the city will communicate effectively in a potential crisis. Key components of a citywide communications plan include an overview of audiences and city channels, story ideas and communications topics throughout the year, and processes for developing content for the city. By better understanding the city's audiences, we can evaluate existing and potentially create new communications channels that help the city reach people based on their preferences. We would also provide the necessary training for city leaders and staff to serve as effective spokespeople, as well as a training for current staff members who contribute to managing the city's social media. In addition to planning, we would support key communications needs that may arise between now and the end of the year. PHASE II: ONGOING COMMUNICATIONS ASSISTANCE (JANUARY DECEMBER 2023) Following the planning phase, Goff Public could serve as your communications team, providing ongoing strategic advice and execution of tasks identified in the communications plan. This includes regular communications planning meetings; social media planning, content creation and posting; newsletter creation; media relations; project management and strategic counsel. We would meet regularly with city staff and department leaders to find story ideas and develop content pieces for various channels. Our services and level of support can be flexible if a full-time communications position is created in the future. One potential new tactic for the City of Stillwater is to create engaging video content suitable for the website and social media. Bite -sized interviews or motion graphic videos about city priorities and services are a great way to quickly and easily connect with more residents using one of the fastest growing communications mediums. We recommend budgeting for a potential video campaign for the city's channels. We envision an ongoing social media campaign that could involve multiple, 30-second or shorter videos that could be used throughout the year. Through our ongoing relationship with you, we would help the city evaluate potential crises and emerging issues and be available to assist with the city's crisis response. If we are activated in the event of a larger crisis — such as a natural disaster or public safety incident — our team would be able to immediately support you. More detail on the specific deliverables and budget estimates are outlined in the following section. goffpublic.com THE BOTTOM LINE We pride ourselves on delivering excellent service — always on time and on budget. We will work with you to determine a scope of work that is respectful of your budget and needs. For the services outlined in this document, we propose the following budget. PHASE I: PLANNING (SEPTEMBER-DECEMBER 2022) During fall 2022, our efforts would focus on preparing the city's communications infrastructure and providing staff training. The following deliverables would be billed as fees: • Strategic communications plan $30,000 Includes developing a citywide communications plan, structure and processes; identifying stories throughout the organization; and preparing an editorial calendar for 2023. • Crisis communications plan $20,000 Includes developing a citywide crisis communications plan and process to ensure you are prepared to transparently and effectively communicate during any issue that might arise. • Spokesperson and crisis training $7,500 • Social media training $7,500 In addition, we would be available to assist the city with key communications needs that may arise this fall. This work would be billed at our discounted government hourly rate of $205. • Additional communications support Not to exceed $15,000 Includes communications strategy and execution. PHASE II: ONGOING COMMUNICATIONS STRATEGY AND EXECUTION (JANUARY DECEMBER 2023) Beginning in January 2023, Goff would serve as the communications department for the City of Stillwater. • Communications retainer $180,000/year Includes regular communications planning meetings; social media planning, content creation and posting; newsletter creation; media relations; project management and strategic counsel. In addition, we would be available to assist the city with the projects listed below. This work would be billed at our discounted government hourly rate of $205. • Economic development communications Not to exceed $30,000 Includes communications strategy and execution for economic development projects that are on the horizon. • Video campaign for social media Not to exceed $20,000 Includes planning and execution of a social media video campaign, including video production. While much of our crisis communications strategy on emerging issues would be covered by our retainer, we would bill separately if we were activated in the event of a larger -scale crisis. We have earmarked a $15,000 budget in case you need to activate us, but we would only bill with pre -authorization from the city administrator. This work would be billed at our crisis hourly rate of $275. • Crisis activation $15,000 THANK YOU Thank you for the opportunity to provide our ideas on how Goff Public could assist the City of Stillwater. We welcome your feedback and look forward to potentially working with you. goffpublic.com OGOFFPUBLIC City of Stillwater September 6, 2022 About us SARA SWENSON Director, Public Relations ASHLEY ARAM Director, Public Relations About Goff Public Full service public relations and public affairs partner 4 N4k fit\ • t Public relations Public affairs Community Digital and Training and engagement creative services coaching • HOW GOFF PUBLIC CAN HELP Why should cities prioritize communications? • Communicate openly and transparently • Highlight interesting initiatives and inspiring staff members • Demonstrate your value to residents • Build relationships with residents and partners • Put deposits in the bank of trust Strategic communications plan Provides structure, processes and ideas for regular communication throughout the year and includes: • Audiences • Key messages • Communications channels (existing and new) • Partners who can help amplify messages • Editorial calendar with story ideas and topics throughout the year • Processes for developing content Economic development communications Support key communications needs that may arise, including: • Key messages • Partner communications • Media relations • Community engagement Our clients We are a trusted partner of many local governments and government associations. Saint Paul Downtown Alliance DEPARTMENT OF TRANSPORTATION rt, RA M S EY COUNTY 410kt ARAA SAINT PAUL MINNESOTA Minnesota AMIocI on or col and Water Consenseon *Mitch titSI SHAKOPEE MOEWAKANTON SIOUX COMMUNITY METROPOLITAN C O U N C I L 0LI8 s P NT G 4 G 4IRP0 Z O QUESTIONS iliwater THE B I R TH P i AC E OF MINNESOTA DATE: September 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Mick Greiner, Facilities Manger SUBJECT: Space Needs / Condition Rating Facility Study BACKGROUND Staff is considering getting proposals for a Space Needs / Condition Rating study on city facilities. The facilities would include City Hall / Police Department; Fire Station; Carnegie Library; Public Works Building; Rec Center; Historic Water Department Building and various smaller city owned buildings. This Facilities Study would serve multiple purposes: 1) Assess and outline the current conditions of the city buildings 2) Provide cost analysis of maintenance for Capital Planning 3) Provide an analysis of the best utilization of space for the city facilities and determine future possible space needs ACTION REQUESTED Review, discuss and ask questions after a short presentation from Mick Greiner. DATE: September 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhiil, Community Development Director SUBJECT: Bergstein Shoddy Mill Buildings Reuse Update BACKGROUND As part of the 2022 Strategic Plan Update and 2023 Annual Budget Discussions, the City Council has requested an update on the status of the reuse of the Shoddy Mill Buildings in Bridgeview Park (riverfront south of Downtown). Staff had previously presented options to the City Council on January 4, 2022 and indicated a plan to proactively seek interested users for these buildings. However, due to multiple Staff Vacancies in the Community Development Department, this effort was put on hold. Staff vacancies in the Community Development Department have been filled and this project has been re -prioritized. Additionally, the City had requested inclusion in the State's 2022 Bonding Bill, but no Bonding Bill was approved by the Legislature in 2022. Reuse of these buildings are guided by the Bridgeview Park Master Plan and Bergstein Shoddy Mill Reuse Plan. Within the Bridgeview Park Master Plan, the City Council has prioritized two (2) major investments within the plan. 1. Public Transient Dock ($500,000; $750,000 with contingency) 2. Use of Bergstein Shoddy Mill Buildings a. Basic Structural Repairs Only, No Tenant Improvements ($300,000, $500,000 with contingency) b. Tenant Improvements/Able to Lease ($600,000, $1M with contingency) Broadly speaking, the Bridgeview Park site is located within the South Main Archaeological District and Cultural Landscape District as indicated in the 2040 Comprehensive Plan. This District itself, along with the relocation of the Bergstein Shoddy Mill buildings, were the result of mitigation efforts of the impacts of the TH 36/Saint Croix River Crossing. The Shoddy Mill Buildings are on the National Register of Historic Places, Proposals that deviate from those planning efforts may require additional natural and cultural resource mitigation, especially if State or Federal ❑oilars are involved. Regulatory Framework ■ St_ Croix National Wild and Scenic River Overlay District (Federal) ■ Floodplain Overlay District (State!FEMA) • Parks, Recreation and Open Space District (City Zoning District) • South Main Archaeological District (St. Croix River Crossing Mitigation) • Cultural Landscape District (St. Croix River Crossing Mitigation) • National Register of Historic Places (Federal) The anticipated uses from the Reuse Study generally included the following. • Visitor's Center (Tourism and/or NPS) • Restrooms • Simple Kitchen/Snack Kiosk • Flexible Programming Space • Bike Rental/Repair • Non -Motorized Uses Historic and Cultural Resources Review Staff has been in contact with the State Historic Preservation Office (SHPO). The Bergstein Shoddy Mill is listed on the National Registry of Historic Places. The broader South Main Archaeological District is eligible for national listing, but is currently not listed. According to SHPO Staff, it is likely that the additions to the building (as well as more intense uses in the lawn area that also contain certain mill ruins) would not conform to the Secretary of the Interior's Standards for Rehabilitation. In other words, any proposal that included exterior alterations to the structure would result in a more lengthy process with no guarantee for approval. The following broad categories would trigger a more extensive review process and may not be feasible. • Additional expansion of buildings • Additional structures on the site • impacts to mill ruins If the City wanted to consider this more intensive use further, there would be a legal process to determine the appropriate mitigation to offset the impacts to the historic resources in the area. In other words, the City would be mitigating something that was already used to mitigate a previous improvement (the Saint Croix River Crossing) POTENTIAL FUNDING SOURCES BIG: Boating Infrastructure Grant State Bonding Local Property Taxes Local Park Fund Other potential funding sources not currently authorized (Local Option Sales Tax, etc,) ACTION This case is for informational and update purposes only. No action is being requested at this time. A Historic Property Reuse Study of the Bergstein Shoddy Mill Stillwater, MN John Lauber and Company LLC Claybaugh Preservation Architecture Inc 2015 A Historic Property Reuse Study of the Bergstein Shoddy Mill Stillwater, MN CONTENTS Background 1 The Project Team 2 Approach 3 Issues Analysis 5 Disposition Alternatives I4 Use Alternatives 18 Conclusions and Recommendations 19 Next Steps 20 Bibliography 21 History and Interpretation 22 The Bergstein Shoddy Mill and Warehouse 26 Hersey Bean Mills and the Lumber Industry 29 Interpretation Plan 30 Notes 37 Supporting Materials MnDOT Move Photos Existing Conditions Photos Existing Conditions, Code Analysis, and Rehabilitation Recommendations Existing Conditions Drawings Schematic Design Drawings Structural Analysis Cost Estimates Financial Analysis List of Interviewees Examples of Similar Projects Urban Ag Center Amended National Register Nomination Preliminary Review Comments Prepared for the City of Stillwater by John Lauber and Company !LC Claybaugh Preservation Architecture Inc July 2015 ACKNOWLEDGEMENTS This program is financed in part with federal funds from the National Park Service, U.S. Department of the Interior. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. This program receives federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, disability, or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office for Equal Opportunity National Park Service 849 C Street, NW Washington, DC 20240. This project has been financed in part with funds provided by the State of Minnesota from the Arts and Cultural Heritage Fund through the Minnesota Historical Society. r Ct,I-AN WATE R LAND & LEGACY %%11 NoH1'1 PROJECT BACKGROUND The Moritz Bergstein Shoddy Mill and Warehouse are the remaining structures from what was originally a complex of six buildings located above the St. Croix River in Oak Park Heights, Minnesota. The structures were listed on the National Register of Historic Places in 2008 under Criterion A as an intact example of a property providing insight into the daily living patterns of Germanic -Jewish immigrants to Minnesota, and their efforts to sustain themselves in a new land. The mill and warehouse building were moved to their current location on the St. Croix River in 2012 in keeping with a Section 106 mitigation agreement completed as part of planning for the new St. Croix River Bridge. The buildings are now owned by the City of Stillwater, and the new site will be a focal point within Bridgeview Park, a new city park which will eventually be connected to the planned Loop bicycle and pedestrian trail, and may also eventually be provided with transient docking facilities for boaters on the 5t. Croix. The park will serve as a gateway that will help introduce visitors to the resource -rich historic community of Stillwater_ Recognizing that the Bergstein property could play an important role in the community's efforts to foster historic preservation and heritage tourism in the area, the City of Stillwater and the Stillwater Heritage Preservation Commission issued a request for proposals in 2014, seeking a team of preservation professionals to conduct a historic property reuse study for the Mill and Warehouse. In response to that solicitation, preservation consultants and experienced reuse study leaders John Lauber and Bob Claybaugh made a scoping visit to the property on 5 November 2014, meeting with city planner Abbi Jo Wittman, touring and photographing the buildings, and discussing aspirations and expectations for the reuse study project. Prior to that visit, both consultants had reviewed a number of documents tracing the history, significance and preservation of the Mill and Warehouse. Bob Claybaugh had first become familiar with the Bergstein complex as part of a Relocation Feasibility Study he had completed for the Minnesota Department of Transportation in 2005. The co -principal investigators for the Bergstein Shoddy Mill project exceed the Secretary of the Interior's Professional Qualification Standards for history, architectural history, and historical architecture. All work on the project was completed in accordance with guidelines established in A Primer for Historic Properties Reuse Teams in Minnesota. The results of our investigation are presented in the pages that follow. THE PROJECT TEAM John Lauber Architectural Historian/ Preservation Planner John Lauber served as co -principal Investigator for the Bergstein Shoddy Mill reuse study and his firm, John Lauber and Company LLC, served as prime contractor. John exceeds the Secretary of the Interior's Professional Qualification Standards for both History and Architectural History. Robert Claybaugh, AIA Historical Architect Robert Claybaugh served as co -principal Investigator for the Bergstein Shoddy Mill reuse study, Bob exceeds the Secretary of the Interior's Professional Qualification Standards for Historic Architecture. Bob is a licensed architect in the states of Minnesota, Wisconsin. and Missouri. Daniel Hoisington Historian and interpretive Specialist Dan Hoisington served as the interpretive specialist for the Bergstein Shoddy Mill Reuse Study. Dan is principal of Hoisington Preservation Consultants --a cultural resource management firm headquartered in Roseville, Minnesota. He exceeds the Secretary of the Interior's Professional Qualification Standards for History and Architectural History. Jon Commers Planner/Development Specialist Jon Commers served as financial analyst for the Bergstein Shoddy Mill Reuse Study. Jon is principal of Donjek, a public finance, project management, and public policy consulting firm based in St. Paul. Gene Dwyer Structural Engineer Gene Dwyer, PE, of LS Engineers in Le Sueur served as structural consultant for the Shoddy Mill study. Gene has previously collaborated with the co -principal investigators on historic structure reports and reuse studies for a variety of historic properties throughout Minnesota. PPM Professional Project Management Cost Estimators Cost estimates for proposed work on the Shoddy Mill property were prepared by Professional Project Management, a Twin Cities -based construction management firm. Bergstein Shoddy Mill 2 Reuse Study APPROACH In its proposal, the project team outlined the following goals for the Bergstein Shoddy Mill Reuse Study: - Engaging and leading citizens of Stillwater through a systematic and inclusive study process, gathering and providing the facts they will need to make an informed decision about the future of this historically significant property. - Evaluating the historical integrity, defining characteristics, current condition, and adaptability of the buildings and site. - Examining the realities of the local political, social, recreational, business and economic environment and outlining a range of practical and achievable alternatives for rehabilitating and utilizing the buildings and site. -Understanding that preservation and reuse of any historic buildings is inherently an exercise in sustainabi]ity, evaluate additional opportunities for integrating sustainable practices into any reuse scenario for the buildings and site. -Identifying potential tenants, concessionaires, developers, and other partners who may contribute to a viable reuse of the building and site. -Identifying life safety, building code and accessibility requirements that must be addressed as part of a reuse plan. - Describing alterations that may be required to accommodate new uses of the property. -Identifying opportunities for interpreting the history and significance of the buildings. -Outlining an orderly plan for completing rehabilitation work. Quantifying costs and phasing of proposed work. - Providing information about grants and other sources of revenue for reuse scenarios. Specific steps in the study process included: Pre Contract Site Visit On 5 November 2014, John Lauber and Bob Claybaugh traveled to Stillwater to meet with planner Abbi Wittman and tour and photograph he Shoddy Mill site and buildings. Information gathered during this visit was used to assemble the project team and develop a proposal specifically tailored to the requirements of the Bergstein project. Background Research The Bergstein Shoddy Mill has been the subject of an extensive series of studies completed over the past 20 years. These include historic properties surveys, determinations of National Register Eligibility, environmental impact statements, relocation studies, and park/trail plans. The reuse study team began its work on the reuse study project by reviewing these documents. Site Visits Much of the information for the reuse study was gathered through field inspections of the buildings and site. The fieldwork phase of the project began on 29 December 2014, when John Lauber and Bob Claybaugh participated in a project startup meeting with Abbi Wittman to discuss the reuse study process, schedule, and expectations. Following the meeting, the team leaders completed a preliminary inspection of the buildings, completing baseline documentation. Team leaders returned to the site on 9 January 2015 Bergstein Shoddy Mill 3 Reuse Study for an intensive evaluation of the physical integrity, salient features and existing conditions of both structures, taking measurements, photographs and field notes. On 27 January 2015, the leaders returned to the site with structural engineer Gene Dwyer, to complete supplemental documentation and participate in a structural analysis of both buildings. On 2 February 2015, the team leaders and project historian Dan Hoisington attended a meeting of the Stillwater Heritage Preservation Commission to discuss the reuse study process and present preliminary findings from the field assessments. Interviews and Public Meeting Team members John Lauber, Bob Claybaugh, and Dan Hoisington were in Stillwater from 24-26 March for intensive interviews with more than forty public officials, agency representatives, local business and tourism leaders, members of the arts and non-profit community, and other stakeholders. Team members John Lauber, Bob Claybaugh, Dan Hoisington, and Jon Commers returned to Stillwater on 30 March for additional interviews and a public meeting attended by approximately two -dozen local citizens. In meeting, the team presented a visual tour of the site and buildings, discussed the physical condition and adaptability of the structures, summarized findings from the interviews, and solicited opinions from attendees regarding opportunities, obstacles, and objections for potential reuse. A shoddy 'devil," used to shred fabric scraps for reuse. Bergstein Shoddy Mill Reuse Study 4 ISSUES ANALYSIS Drawing on information gathered during three days of focused interviews and a public meeting, the reuse team compiled a listing of issues that should be considered as the community ponders the future of the Shoddy Mill property. Historic Preservation issues The citizens of Stillwater have demonstrated their appreciation for history and historic preservation for many years. The city brands itself as "The Birthplace of Minnesota." The iconic Stillwater Lift Bridge, Commercial Historic District, Territorial Prison Site and a host of other landmarks have helped make the city a destination for tourists, and tourism plays an important role in the local economy. The community has an active Heritage Preservation Commission, and is home to the Washington County Historical Society. Despite their long history, the Shoddy Mill and Warehouse are new to Stillwater. The buildings were originally part of a larger complex located in nearby Oak Park Heights, and were moved to their present location in 2012 as part of mitigation for the new St. Croix River Bridge. The buildings were Iisted on the National Register of Historic Places in their original location and, as part of a Memorandum of Agreement between the Minnesota Department of Transportation, the Minnesota State Historic Preservation Office and others, will retain their National Register status despite the move. An amendment to the original nomination has been prepared and is ready for submittal to the MnSHPO. The property's National Register status and subsequent mitigation efforts have provided a great deal of historical information about the activities that took place in the buildings. MnDOT, the city of Stillwater, the MnSHPO and others have invested significant time and money to document and move the buildings, and have a stake in ensuring their preservation. The site selected for relocation of the Bergstein buildings is adjacent to the archaeological ruins of the Hersey and Bean Lumber and Planing Mills, which closely reflect the industrial history of Stillwater. By contrast, the Shoddy Mill and Warehouse are most significant as an example of an industry practiced the St. Croix River Valley's small population ofJewish immigrants. Because the buildings were not originally part of Stillwater's built environment, and because they reflect a little known aspect of the area's history, the milt and warehouse are unfamiliar to most residents of the community. The buildings are physically nondescript, and timeworn, and are therefore not visually obvious landmarks. The buildings are extraordinarily simple in construction, which will make restoration work relatively inexpensive. Interior spaces retain very little historic fabric, making them virtually blank slate for adaptive reuse. Restoration will make buildings more visually appealing. Bergstein Shoddy Mill 5 Reuse Study Design Issues The Shoddy Mill and Warehouse are extremely simple buildings. The Warehouse is a simple wood -frame building combining traditional timber framed structural elements with conventional balloon framing. The Mill building is crudely constructed of local stone, with a roof supported on salvaged iron rafters, reflecting the history of the site as an early recycling center. Despite a number of alterations to the exterior of the warehouse, including installation of an overhead garage door, wide Masonite lap siding and alterations to a number of the original window openings, a substantial amount of original exterior fabric remains in place. Original materials include wood drop siding, the large sliding doors on the east and west ends, some original window trim, cornice moldings and beadboard soffits. Exposed timber framing and the windlass and hopper on the upper level are virtually the only original features remaining on the interior of the Warehouse, The Mill building is essentially a stone shell, with no original interior features. Both buildings were placed on new foundations as part of the move in 2012. Utility connections were run to the site at that time, and the lack of floor slabs and simple construction, especially of the warehouse building, would make connections relatively easy. Because of the buildings' simplicity and relative lack of character -defining original interior features, no extraordinary measures or artisanal skills will be required to return them to functional condition. The Warehouse is in need of some structural repair, including replacement of a missing column near the west end and reinforcement of temporary repairs to the lower portions of studs. Substantial reinforcement of the upper level floor system in the Warehouse would be required to return that portion of the building to active use. At this point it seems unlikely that either structure will used in the winter. However, it would be easy to insulate the Warehouse building and install a radiant heating system in a new concrete floor slab to prepare the structure for eventual year around use. The large original sliding doors at each end could be opened in the summer to provide fresh air and a visual connection to the riverfront. Bergstein Shoddy MITI 6 Reuse Study Site/Shoreline Issues The Bergstein buildings were relocated to a city -owned property on the banks of the St. Croix River, south of the downtown commercial district and the new St. Croix River Bridge. The narrow parcel is adjacent to busy Highway 95 and the buildings are partially concealed from the roadway by trees and other vegetation. Abandoned train tracks and a gravel road flank the property on the west. There is very limited parking on the gravel road, and additional parking along the shoulders of Highway 95. The property lies within the boundaries of the St. Croix National Scenic Riverway, a unit of the National Park Service. Visitors to the parcel look out over the River toward a relatively undeveloped natural shoreline on the Wisconsin side. One interviewee observed that the Shoddy Mill site offers "the best view of the Stillwater lift bridge in town." The site's riverfront location, scenic vistas, and the courtyard -like space between the mill and warehouse buildings would seem to make this an ideal location for outdoor activities. The advent of bike/pedestrian trails and potential transient docking facilities for boaters will provide ways for visitors to reach the site without using automobiles. Because of its location within the Scenic Riverway and within a floodplain along a major navigable river, the property is subject to a variety of regulatory authorities, including the Park Service, the US Army Corps of Engineers, and the Minnesota DNR. Relocation of the buildings required raising the elevation of the site to one foot above the 100-year flood level, obtaining variances for setbacks from both the shoreline and bluffs on the west side of the land, and installation of riprap to stabilize the river bank. Regulatory agencies have strongly emphasized a need to minimize high -intensity uses for the site, to protect the riverbank and to maintain the natural character of the area through careful landscape design, Some concerns were expressed about plans to develop transient docking facilities at the site. Safety and Security Issues The relocated Mill and Warehouse buildings occupy a relatively isolated spot between the St. Croix Boat and Packet Company and the Sunnyside Marina. Although a chain link fence has been installed around the property and the buildings have been secured with plywood panels and padlocks, neighboring businesses report that they regularly see intruders inside the fence and around the buildings. Despite efforts to secure the buildings, they are susceptible to intrusion and vandalism. The Warehouse is a wood - frame structure that is that could easily be damaged by fire. Although the staircase to the upper level has been removed, it would still be possible for intruders to reach the upper room by climbing on exposed bracing in the east wall. This presents a potential falling hazard and exposes the city to liability. Bergstein Shoddy Mill 7 Reuse Study Recreation and Tourism Issues There has been a flurry of bike/pedestrian trail development in and around Stillwater in recent years, much of which has resulted from planning for the new St. Croix River Bridge. The recently completed Brown's Creek Trail provides a new connection between Stillwater and Minneapolis/St. Paul via the Gateway Trail. The iconic lift bridge will soon be converted from a vehicle bridge into a bike/pedestrian crossing. A new six -mile long Loop Trail will take cyclists and pedestrians through downtown Stillwater, along the Riverfront directly past the Shoddy Mill site, and across the river into Wisconsin via the Iift bridge and the St. Croix River Crossing. Current redevelopment at the St. Croix Boomsite, planned acquisition of the Aiple property north of town for incorporation into the park system, and an anticipated increase in visits to city -owned Kolliner Park on the Wisconsin side of the river following conversion of the historic lift bridge to a bike/pedestrian trail all add to the critical mass of recreational opportunities in and around Stillwater. In anticipation of these new routes, the city has recently constructed public restroorns along the downtown riverfront. A trailhead with parking and composting toilets will be developed near the Sunnyside Marina to the south of the Shoddy Mill site. The conceptual master plan for Bridgeview Park includes schematic design for developing transient docking for watercraft at the Bergstein site. Stillwater and the Shoddy Mill property lie within the boundaries of the St. Croix National Scenic Riverway, administered by the National Park Service. For several years NPS maintained an office in Stillwater, but it moved its operations to the Arcola Mill historic site north of town a few years ago. From the point of view of the Park Service, that arrangement has been unsatisfactory. Noting that Stillwater is essentially the southern boundary of the Riverway, that the Park is relatively unknown, and that there is not even a sign identifying the area as a National Park, NPS officials have expressed an interest in establishing a dedicated contact station in or near Stillwater as a means of introducing visitors to the resource. Officials have also stated that a visitor contact station should be explicitly dedicated to park -related activities, and should not be expected to double as a general-purpose travel information center for the city, A number of interviewees pointed out that motorboat traffic is relatively heavy on this part of the river, and that there is no convenient access for human -powered watercraft such as kayaks, canoes, or paddleboats. There was a general consensus that recreational activity at the Bergstein property should focus on bicycle traffic. The St Croix Boat and Packet Company is located near the Shoddy Mill property on the north, and operates a popular and successful program of excursions and charter tours. This activity draws a significant crowd to the area, and will help to create awareness of the Bergstein property as a destination. Noting that the new bike/pedestrian trail passes through the Packet Company property, some individuals have expressed concern about potential congestion as cyclists and pedestrians mix with excursion boat passengers. Bergstein Shoddy Mill 8 Reuse Study Traffic and Parking issues Parking at the Shoddy Mill site is extremely limited and in high demand, Motorists can presently park along Highway 95. and a few spaces are available on the gravel frontage road between the Bergstein buildings and the Packet Company. Many noted the lack of parking for patrons of the Packet Company located just north of the Shoddy Mill site_ A majority of reuse study interviewees identified parking as a major local issue, and one that must be considered in developing plans for the Shoddy Mill site. Although the city has a large municipal ramp downtown, and is developing additional parking along the riverfront in the commercial core, there seems to be a general consensus that many visitors are unaware of these opportunities for parking. Although many trail users will reach the Shoddy Mill site by bike or on foot, there is likely to be a large contingent who will load their bicycles on bike racks and drive to the site to begin the rides. The new parking lots downtown will serve some of these individuals, and a trailheadlvehicle parking area for the Loop Trail is being developed as part of the Bridgeview Park project. There is nearly uniform agreement that no additional vehicle parking should be included in any development of the Shoddy Mill site. The lack of parking could limit some potential uses, such as proposals that the buildings be used as a visitor information center for out-of-town visitors, or as a contact station for the National Park Service. Plans for Bridgeview Park include the possibility that transient docking facilities for boaters may eventually be developed at the Shoddy Mill site. This would bring an additional group of visitors to Stillwater. It is anticipated that completion of the new St. Croix River crossing will significantly change traffic patterns through downtown Stillwater, eliminating a bottleneck from vehicles waiting to cross the historic lift bridge, and diverting commuter traffic away from downtown. Bergstein Shoddy Mill 9 Reuse Study Downtown Issues For decades, many of the business in Stillwater's historic downtown commercial district have relied heavily on tourism. Bars/restaurants, hotels, bookstores, galleries, and boutiques, and other specialized retail outlets abound. There is presently some uncertainty and concern about how the diversion of traffic away from the historic commercial core resulting from completion of the St. Croix River Bridge may affect downtown businesses. In an effort main the vitality of the business district in the face of change, a coalition of local business owners recently formed the Downtown Revitalization Committee. In addition to the DRC, business -oriented organizations include the Stillwater Convention and Visitors Bureau and the Greater Stillwater Chamber of Commerce. These organizations are funded by membership fees, and in the case of the CVB, by a local tax on lodging. These entities help with co-op advertising, marketing, and some event planning. They have attempted to maximize promotion dollars by minimizing expenditures for physical facilities and staff and maximizing the use of social media. One member of the DRC described the Shoddy Mill site as "an important piece of real- estate." Representatives from the Chamber of Commerce, DRC, Convention and Visitors Bureau, and other business and civic leaders all suggested that the buildings could function in part as a gateway for visitors to Stillwater, providing information about local hospitality and other businesses, parking, and events. There was a general consensus that restrooms and a picnic area should be included as part of any redevelopment and that vehicle parking should be limited. There was considerable enthusiasm for proposed development of transient docking facilities at the Bergstein property. Several interviews expressed the view that any commercial enterprise housed in the Bergstein buildings (coffee kiosk, bike rental, or repair facility) should not compete with existing local businesses. Bergstein Shoddy Mill l0 Reuse Study Compatibility Issues The Shoddy Mill and Warehouse are, and are likely to remain, city -owned buildings, which limits certain types of uses, including intensive commercial endeavors. There is a general consensus that the properties should serve some sort of public good, enhance tourism, create new recreational activities and programming opportunities, and provide basic services to trail users. The city of Stillwater already offers or is developing facilities and programs that could directly or indirectly duplicate activities being discussed for the Bergstein property. Teddy Bear Park serves as an inexpensive and well-appointed venue for birthdays, wedding receptions, family reunions, and other gatherings_ New restrooms and parking areas being developed in the Lowell Park will provide amenities for trail users passing through downtown. There has been some conversation about the city acquiring the vacant Annory building for eventual use as an art center or for some other public purpose, A number of local organizations already offer activities and programs that could take place elsewhere in town and that could be affected by duplication of effort at the Shoddy Mill site. One example is the existing Fanners' Market that takes place near the Washington County Courthouse, Bergstein Shoddy Mill 1 1 Reuse Study Programming Issues A number of interviewees, including the National Park Service, the Minnesota Department ofNatural Resources, local arts and non-profit organizations and others identified a wealth of programming opportunities for the site, and expressed an interest in using the Shoddy Mill and Warehouse for activities. Specific programming ideas included: - Historical exhibits -Arts and music events - Environmental programs -Pontoon boat tours - Interpretive bike tours - Urban agriculture center -Children's museum The Jewish Historical Society of the Upper Midwest has recently developed an exhibit on the scrap industry that could help to interpret the site's history as a shoddy mill. An active schedule of programming appealing to a broad cross section of interests would help to define the Bergstein property as a destination for trail users and local residents. Programming activities are more likely to be funded than pure bricks -and -mortar projects and could help ensure the long-term viability of the property. Partnership Issues Although the City of Stillwater is likely to bear the initial expense of rehabilitating the Bergstein buildings, it may be able to reduce the costs of long-term operations and maintenance, provide programming and staff, and leverage other sources of grant funding by forging strategic partnerships with outside organizations and agencies. A number of agencies and non-profit organizations expressed an interest in establishing partnership arrangements with the city to use the Shoddy Mill property. These include, but are not limited to: - The National Park Service (visitor contact center, staffing, programming) -The Minnesota Department ofNatural Resources (programming, exhibits) - The Jewish Historical Society of the Upper Midwest (exhibits, programming) - ArtReach St. Croix (programming) -The Washington County Historical Society (exhibit development) - Transition Stillwater (youth environmentalist organization) Partnerships with private concessionaires to provide visitor amenities such as snacks or equipment rentals could also help offset operating and maintenance costs, help with staffing, scheduling and securing the site, and provide a modest revenue stream. The city already employs a public -private partnership model to operate the municipal parking ramp and the community recreation center. Bergstein Shoddy MITI 12 Reuse Study Financial Issues As part of the planning for the new St. Croix River Bridge, the Minnesota Department of Transportation was required to consider the project's potential to have adverse effects on National Register -eligible properties in the construction zone, including the Bergstein Shoddy Mill and Warehouse. To comply with this requirement, MnDOT forged a Memorandum of Agreement with a host of state and local agencies, outlining steps that would mitigate the new bridge's impact on the mill and warehouse. Mitigation efforts included extensive documentation, planning studies, engineering work, construction of new foundations above the flood plain, and moving the buildings from their original location in Oak Park Heights to their present location. These efforts required a significant investment of time and money. The city of Stillwater provided a site for the new buildings, agreed to take ownership from MnDOT once the move was accomplished, and accepted responsibility for their preservation and reuse. The site has been integrated into the community's park system, making it unlikely that the buildings will be transferred into private ownership. As public buildings, the mill and warehouse have limited potential to generate sufficient revenue to offset the costs of rehabilitation and ongoing operation. If the buildings are to be rehabilitated, the city will probably have to fund the work. Officials and residents generally seemed willing to support some public investment in the property, but there was also agreement that the rehabilitation should be accomplished as cost effectively as possible, and that an effort should be made to generate some sort of revenue stream or barter arrangement that would reduce ongoing operating and maintenance expenses. Bergstein Shoddy Mill 13 Reuse Study DISPOSITION ALTERNATIVES The Bergstein Shoddy Mill and Warehouse buildings were moved from their original location in Oak Park Heights to a new site provided by the City of Stillwater in 2012 in order to facilitate construction of a new highway bridge across the St. Croix River. The move was completed in accordance with a Memorandum of Agreement between the Federal Highway Administration, the U.S. Army Corps of Engineers, the Advisory Council on Historic Preservation, and both the Minnesota and Wisconsin State Historic Preservation Offices. In preparation for the move, an existing barge terminal building was demolished, the site elevation was raised to a level one foot above the 100-year floodplain, the shoreline was stabilized, new foundations were constructed for both structures, utility lines were stubbed in to the perimeter of the warehouse building, temporary structural repairs were made to the walls of the Warehouse, and a temporary roof was installed on the Mill building. The buildings have been secured with plywood sheeting and a security fence encloses the site. Both buildings have stood vacant since the move. Disposition alternatives for the Mill and Warehouse may include: Demolition Under this scenario the Mill and Warehouse buildings and their new foundations would be completely demolished and the site would be restored as a green space. The city would incur the costs of demolition and site restoration. The dollars that were already invested to move the buildings and construct the new foundations would essentially be wasted. Demolition would clearly violate the intent and tears of the Memorandum of Agreement that led to the move in 2012, and could require further negotiation/mitigation with SHPO as well as potential involvement of the Advisory Council on Historic Preservation. As one interviewee observed, the city has "a moral obligation, but not necessarily a legal obligation" to use the buildings. Nonetheless, when the city took ownership of the Mill and Warehouse, provided the site, negotiated variances for shoreline and bluff setbacks, and integrated the site and structures into planning for Bridgeview Park, it made a substantial commitment to restore and maintain the buildings. Demolition would constitute a default on that commitment. Failure to creatively integrate the structures into the park and trail system could be a lost opportunity. The site is located on banks of the St. Croix River and is within the boundaries of the St. Croix National Scenic Riverway, and some individuals might consider demolition as a means of restoring the natural character of the shoreline. Do Nothing Under this scenario, the buildings and site would remain secured but unoccupied, with no maintenance. Both the Mill and the Warehouse would continue to deteriorate due to weather, pests, and ordinary wear and tear on building materials. With no tenants to monitor the site, the buildings would be subject to intrusion and vandalism, which would further diminish the physical integrity of the structures, present safety hazards, and Bergstein Shoddy NMI 14 Reuse Study expose the city to liability for injuries. Prolonged neglect or deferred maintenance would result in the eventual loss of historic resources and forfeiture of considerable effort and funding that has already been invested to foster preservation of the property. This option would require virtually no funding beyond the costs of site maintenance (mowing, snow removal), insurance, etc. The city could utilize the structures for equipment storage or other low -end uses. Utilities would remain disconnected, and there would be no costs for stabilization or new construction. The buildings would remain available for eventual restoration or adaptive reuse. but the costs of completing the work would increase due to continuing deterioration. The Mill and Warehouse would be visually unappealing and are likely to be considered eyesores rather than historic resources. Stabilization/Mothballing Under this scenario, the city would take temporary, simple, and inexpensive steps designed to protect the buildings from the elements, pests and vandals. Stabilization would help prevent or slow down the pace of deterioration, and would buy additional time for planners to explore ways to reuse and integrate the structures into the park and trail system. The city could use the structures for equipment storage or other low -end uses. Utilities would remain disconnected. With no tenants to monitor the site, the buildings would be subject to intrusion and vandalism, which would present safety hazards and potentially expose the city to liability for injuries. The buildings would remain available for eventual restoration or adaptive reuse. The Mill and Warehouse would remain visually unappealing and are likely to be considered eyesores rather than historic resources. Exterior -Only Rehabilitation Under this scenario, the exterior envelopes of both buildings would be restored to their historic appearance. This would protect the buildings from further deterioration, and would make them more visually appealing. However, it would be considerably more expensive than stabilization and would not return the structures to active use. Partial Rehabilitation Under this scenario, the city would complete a partial restoration of both buildings, based on projected uses. The Warehouse building seems to offer the most opportunities for reuse, with ample space for restrooms, simple kitchen facilities and flexible programming space on the main level. The upper level has structural and accessibility issues that would make restoration unlikely. The building's Iack of historic interior features, simple wood frame construction, unfinished floor system, and proximity to utility connections would make installation of electrical, plumbing, and mechanical systems relatively simple and inexpensive. The stone Mill building is extremely simple, and is resistant to rot and other damage that typically afflicts wood frame buildings. It has been greatly altered, and despite clues to the original configuration of door and window openings, there is no known Bergstein Shoddy Mill 15 Reuse Study documentation to serve as a guide for full restoration. The building's small scale and existing garage door opening could make it a good location for bike rental/repair, a coffee/snack bar, or other uses that would require minimal buildout. Under this scenario, the Warehouse would be restored to its historic appearance on the exterior and would be adapted on the interior to accommodate multiple uses. Roof framing and sheathing would be repaired as needed and a wood shingle roof would be installed to replicate the historic roof. Original siding would be repaired and repainted, Original openings would be restored and replica doors and windows would be installed. Interior work would be limited to the Iower level. The missing support column near the west end would be restored, electrical, mechanical and plumbing systems would be installed, and a new floor slab with piping for a radiant heating system would be poured. Walls and ceilings would be insulated. Accessible restrooms and a kitchen counter would be built along the north wall. The lower level would be made accessible. An opening would be left in the ceiling to expose the original windlass, and the opening would be enclosed on the upper level to minimize heat loss. Work on the Mill building would essentially confined to restoration of the exterior envelope. A permanent roof would be installed, and stonework would be repointed using mortar that matches the original composition. Electric service would he provided to the building, and a new concrete floor slab would be poured. There are two possible approaches to rehabilitation of the principal (north) facade. -The existing garage door and service door openings could be left as they are, with a roll up door installed in the garage opening and a period -appropriate replica door installed in the service door opening. This would make it easy to use the building as a bike rental facility or repair shop, would reduce overall cost of the rehabilitation, and would make it possible to restore the exterior to its historic appearance at a future date. -The north facade could be fully restored to its historic appearance based on architectural evidence (brick arch lintels) and additional documentary research. A period -appropriate door and replica windows would be installed in the recreated openings. This approach would restore the historic integrity of the exterior, but would cost more than the first option, and would make the building less useful for recreation -related activities, such as bike rental, that require storage. Full Rehabilitation Under this scenario both the Mill and Warehouse would be fully rehabilitated on both the interior and exterior, The exterior of the Warehouse would be restored to its original appearance. Both the upper and lower levels would be rehabilitated for multiple year -around uses. This would require structural reinforcement of the upper level floor structure to support intensive use, installation of a stairway to provide access, and accessibility improvements that could Bergstein Shoddy Mill 16 Reuse Study include an elevator. The building would be fully insulated and new mechanical systems, including plumbing, electrical, and HVAC equipment would be installed to allow year around use. The lower level would contain accessible restrooms and a catering kitchen. The exterior of the Mill building would also be restored to its original configuration, with original door and window openings reconstructed. This approach would significantly increase the cost of the rehabilitation work with a modest gain in utility and an uncertain return on the additional investment. Bergstein Shoddy Mill 17 Reuse Study USE ALTERNATIVES The reuse team solicited information and ideas about potential uses of the Bergstein Shoddy Mill and Warehouse through more than forty individual interviews and a public meeting. Residents offered ideas ranging from storage for public works/park equipment to full rehabilitation as a youth hostel. There was nearly unanimous agreement that any reuse should take advantage of the riverfront location and proximity to the proposed bike/pedestrian trail system; that any use should focus on recreational/non-motorized activities, and that any commercial activities should provide only basic amenities for trail users and not compete with existing businesses. The most common limitation that was identified during the interview process was the lack of parking at the site, and there was a clearly expressed sentiment that parking should remain limited under any reuse scenario. Specific ideas for the property included: - Storage for park or public works equipment. - Restrooms, picnic facilities, and other amenities for users of the pending Loop Trail, the St. Croix River, and Bridgeview Park. - Gateway/Tourist Information Center for visitors to Stillwater. - National Park Service Contact Station for the St. Croix National Scenic Riverway. -Space for interpretation of the Bergstein family and the shoddy industry; the local lumber milling industry embodied in the adjacent Hersey and Bean archaeological site; and the natural and environmental resources of the St. Croix River. _Rental space for weddings, family reunions, and other celebratory events. - An urban agriculture/sustainability center. - A venue for arts and music events. - A youth center - A hostel for trail users. - A concessionaire operated coffee ship, bike rental. and repair facility for trail users Bergstein Shoddy Mill 18 Reuse Study CONCLUSIONS AND RECOMMENDATIONS Summary of findings - The Mill and Warehouse occupy a highly desirable site along a burgeoning trail system and on the banks of the St. Croix River. -The buildings are extraordinarily simple in construction and detailing, which suggests that the costs of rehabilitation are likely to be relatively low. -The city of Stillwater is likely to bear full responsibility for rehabilitation of the Shoddy Mill and Warehouse Buildings. There is a strong interest in minimizing the costs of rehabilitation and offsetting the costs of ongoing operations and maintenance. - The site's National Register status and city ownership make the property eligible for a variety of financial incentives that could significantly reduce the out-of-pocket costs of rehabilitation. - A number of public entities have demonstrated their interest in preservation of the properties and have already invested substantial financial resources to document and move the buildings. This track record of interest increases the likelihood that the city can be successful in its quest for additional grant funding in the future. -The properties are unlikely to generate sufficient revenue to fully offset the full costs of rehabilitation and operations. -There is near -universal agreement that the buildings should be used for a public purpose, focused on non -motorized recreational activities. - There is a plethora of agencies and non-profit organizations willing and eager to provide programming at the site. Fundraising efforts tied to programming are more likely to be successful than efforts to obtain funding for bricks -and mortar projects. -There appears to be strong potential for a public/private partnership that could provide basic services to trail users and other visitors. Services could include a beverage/snack bar and bike or other recreational equipment rental/repair facilities. These activities could enable a concessionaire to generate modest revenue in exchange for staffing and day-to-day maintenance. The city has already employed this partnership model for operation of the municipal parking ramp and the community recreation center. Recommendations The City of Stillwater should undertake a partial rehabilitation of the Bergstein Shoddy Mill property, rehabilitating the exterior of the Mill building and the lower level of the Warehouse for use as a multi -use interpretive/event/trail amenity center. The main level of the Warehouse would provide basic services to trail users (restrooms, possibly bike rentals, snacks or other services). The space would be designed for maximum programming flexibility, and would make maximum use of the riverfront location. A coalition of non -profits (Jewish Historical Society, Washington County Historical Society, DNR, NPS) would develop a variety of exhibits interpreting the history of the Bergstein operation, the archaeological history of the site, and environmental features of the site and Riverway. The exterior of the Mill building would be rehabilitated to serve as a rental facility for bikes or other recreational equipment. Current openings on the north side would remain Bergstein Shoddy Mill 19 Reuse Study intact with a new roll -up overhead door and a period appropriate service door installed to provide access and accommodate rental equipment. The site would be operated as a partnership between the city of Stillwater, other government and non-profit entities, and a private concessionaire. The city would incur the cost of the initial rehabilitation and ongoing major maintenance and repair. The National Park Service would utilize a portion of the Warehouse as a visitor contact station for the St. Croix National Scenic Riverway in exchange for seasonal programming and oversight of the property. Additional programming would be provided by the Minnesota Department of National Resources, local non -profits (environmental, historical, arts, performance, sustainability). Amenities and day-to-day maintenance would be provided through a low-cost or no -cost lease agreement between the city and a private concessionaire. The concessionaire would take care of day-to-day maintenance and security and would take the lead in scheduling programs and events. Next steps Using the Historic Property Reuse Study as a guide, the city should establish a temporary steering committee of potential partners to develop a detailed redevelopment/business plan for the Shoddy Mill and Warehouse. The committee should include city staff and officials, representatives of agencies and non-profit groups identified in this report and potential concessionaires. Each member of the steering committee should be prepared to describe specific types of programming it is willing/able to offer, list facilities it would need in order to provide programming, and both quantify and commit to its role in staffing, operating, and funding ongoing redevelopment and use of the property. Once the redevelopment/business plan is in place, the steering committee should meet with architects to develop a detailed rehabilitation program for the buildings and site. The rehabilitation plan should include well -developed design drawings, outline finishes and equipment, and provide detailed cost projections. Using the redevelopment/business plan and detailed rehabilitation plan as a basis, partners should embark on an active fundraising effort, assembling the funding that will be necessary to rehabilitate and reuse the Shoddy Mill and Warehouse. Once the funding is in place, rehabilitation and reuse of the Bergstein Shoddy Mill and Warehouses can begin. Bergstein Shoddy Mill 20 Reuse Study BIBLIOGRAPHY "Bergstein Property Relocation Mitigation Project: Proposed Site Assessment." The 106 Group Ltd., and SRF Consulting Group, prepared for the city of Stillwater, 2005. "Bridgeview Park: Master Plan Update." SRF Consulting Group, prepared for the City of Stillwater, 2015. "Construction Plan for Relocation of Shoddy Mill & Warehouse Buildings." State Minnesota Department of Transportation Project 8214-114Q. Architectural drawings of Shoddy Mill and Warehouse Buildings, new riverfront site, and foundations (28 sheets). 2010. "Hersey & Bean Planing Mill: Wall Stabilization Report." Collaborative Design Group, prepared for the City of Stillwater, 2011. Long, Barbara Beving. "Phase III Historical Documentation Study: The Moritz & Bertha Bergstein House, Shoddy Mill & Waste Materials Yard. Prepared for the Minnesota Department of Transportation, 1997. Mathis, Gregory. "Moritz Bergstein Shoddy Mill and Warehouse (documentation of move)." Amended National Register of Historic Places Registration Form, 2014. "Moritz Bergstein Shoddy Mill and Warehouse: Minnesota Historic Property Record, Property Inventory No. WA-OHC-001." Collaborative Design Group, prepared for the Minnesota Department of Transportation, 2010. "Relocation Feasibility Report: Bersgstein Shoddy Mill and Warehouse, 6041 Stagecoach Trail North. Oak Park Heights, Minnesota." Claybaugh Preservation Architecture Inc, prepared for the Minnesota Department of Transportation. 2005. Terrell, Michelle M. "Stillwater South Main Street Archaeological District." National Register of Historic Places Registration Form, 2007. Zellie, Carole S. "Moritz Bergstein Shoddy Mill and Warehouse." Draft National Register of Historic Places Registration Form, 2008. Bergstein Shoddy Mili 21 Reuse Study HISTORY and INTERPRETATION Background Stillwater, Minnesota, is a city filled with history. In 1 837 the United States entered into a treaty with several bands of Ojibwe and Dakota Indians. Under the terms, the Indians ceded the northern third of present-day Wisconsin and more than three million acres of land between the St. Croix and Mississippi rivers. Soon after, Joseph R. Brown, a colorful Indian trader and promoter, opened a small warehouse at the head of Lake St. Croix to supply his upriver fur trading operations. A new mill opened just south of Brown's warehouse, and it soon became the preferred location for new an,ivals looking for work. John Allen and his family were the first to settle in the new village of Stillwater. By 1846 the town had around ten families and twenty single men. After Wisconsin became a state in I 848, with its western boundary set at the St. Croix River, it left residents of the triangular delta between the Mississippi and St. Croix rivers uncertain about their government. A convention met in Stillwater in August 1848 and elected Henry Hastings Sibley to take a petition to Congress to create a new territory, an action that earned Stillwater its title as the birthplace of Minnesota. Sibley was successful, and Minnesota became a territory on March 3, 1849. In 1851 Stillwater was awarded a political plum when it was chosen as the site of the territorial prison. The town was platted in 1848 with 600 residents "of whom nearly all of the men were lumbermen," as one historian wrote. It was lumber that drove Stillwater's economy in the nineteenth century taking advantage of the river that carried timber from the pine forests to the north down to a log -holding boom just upriver from Stillwater. Steam mills sprang up on the St. Croix in the 1850s, and wood -finishing industries followed. Products included shingles, windows, doors, furniture and flooring. Excellent transportation helped the city prosper. The river carried goods between Stillwater and river ports to the south, and early stage roads connected the city to St. Paul and Point Douglas. Railroads arrived in the early 1870s, expanding markets for timber and manufactured goods. By the late nineteenth century, Stillwater had entered a golden age that produced one of the largest opera houses west of Chicago, the elegant mansions of the lumber barons, and many brick commercial buildings on Main Street. The first electric street railway in Minnesota began operation in Stillwater in June 1889. By 1900 the lumber was giving out and the mills closed. The last lumber raft leaving Lake St. Croix took place in 1914, the same year that the state prison moved to South Stillwater. As the jobs left, Stillwater's population declined from a high of more than 13,000 in the 1880s to a low of around 7,000 in 1940. As the lumber industry came to a close, the city adjusted to a new economy. A community -based group built the Lowell Inn, a hotel that evoked colonial era architecture. It was promoted as the attraction that would bolster Stillwater's stagnant economy. When it opened in 1927, the Stillwater Daily Gazette optimistically predicted, "The scar left by Bergstein Shoddy Mill 22 Reuse Study the closing of the sawmills and the extinction of logging has gradually healed, and Stillwater has entered upon a new era, an era that promises to produce lasting resources which shall place Stillwater in the front ranks of Northwest cities." Preservation In Stillwater Those "Iasting resources" were already in place — Stillwater's superb historic homes and commercial buildings set within the scenic beauty of the St. Croix Valley. Local history found a strong advocate in 1934, with the organization of the Washington County Historical Society, a private, non-profit educational institution. In 1941, the Society purchased the Warden's House Museum in Stillwater from the state. It is one of Minnesota's oldest buildings as well as its second oldest continuously operating house museum. After World War 11, when good roads and automobiles put residents in commuting range of the Twin Cities, Stillwater began to reinvent itself as a tourist destination, highlighting its outstanding historic buildings and natural landscape. In 1945 Tom Curtis, a local businessman, purchased the old Joseph Wolf Brewery, to house a car dealership. Curtis, though, had an idea that the caves could be turned into a tourist attraction. To liven it up, he added indoor and outdoor trout ponds and then opened it to the public for a small fee. Thousands of visitors went through the caves from the late 1950s until Curtis sold them in 1971. Amidst a growing national interest in historic preservation in the 1960s and 1970s, Stillwater residents grew increasingly concerned about threatened local treasures. Three challenges energized local preservation. The first battle was over the future of the Washington County Courthouse. The oldest courthouse in Minnesota, it was designed in the Italianate style by Augustus Knight of St. Paul. When it opened in 1870, the county was doing a booming business in the lumber industry, and the imposing columned edifice reflected the county's wealth as it overlooked the city from atop Zion's Hill. By 1962, though, the county had outgrown the building, and serious consideration was given to razing the structure to make way for a parking lot. A 1962 bond issue to construct a new courthouse failed at the polls, allowing time for preservationists to make their case. In 1971, the building was placed in the National Register of Historic Places. In 1975 the county moved to a new government center one mile south of the original courthouse and made plans for an adaptive re -use of the old building. It reopened in 1982 as a community facility providing office space for nonprofit groups, offering interpretative historical exhibits and tours, and serving as a venue for private and public gatherings. In 1997, the county designated the facility as a Washington County park. Today, the courthouse is preserved as a historic landmark with tours and exhibits. It provides a rental venue for private and public gatherings. A second battle took place in the mid-1970s. Nelson School, located at 1018 South First St., opened in September 1897. Called "a model structure of its kind" by the Stillwater Gazette, the building was designed by the architectural firm of Orff and Joralemon of Minneapolis, It was named after Socrates Nelson, the real estate speculator whose name is included in the district. The public school system stopped using this as a school Bergsteln Shoddy Mill 23 Reuse Study building in the 1950s, although it continued to hold District 834 administrative offices through 1977. When the district sought to sell the property, with demolition likely, a new preservation organization, Rivertown Restoration stepped forward and filed a taxpayer suit against the city. In December, 1978, District Court Judge Esther Tomljanovich, later a Minnesota State Supreme Court Justice, ruled that the school was a "historical resource" and issued a temporary injunction stopping the transfer of the property. It was later purchased by a group of investors known as the Nelson School Partners in 1980. They renovated the school into apartments, now converted to condominiums. Finally, there was a decade -long debate about the future of the Lift Bridge. On July 1, 1931, 15,000 people lined the shores when Governor Floyd Olson dedicated the bridge. At the time, most movable bridges were of the swing -span variety, pivoting on an axis to allow water traffic to move back and forth. Instead, Stillwater would have a counterweighted, cable -and -tower design — in other words, a lift bridge. Only six vertical -lift highway bridges were built in Minnesota and Wisconsin prior to World War II, and Stillwater's is one of only three that still survives. At the time of the bridge's completion, the St. Croix River was only lightly used as a navigable waterway, as the Minnesota Department of Highways noted in a 1938 letter stating: `For several years not a single request for its opening was received." But after World War II, recreational river use grew, as did highway traffic between Wisconsin and Minnesota. With a new bridge under construction to the south of Stillwater, the old lift bridge, will be saved as a pedestrian and bike trail. As a direct result of the government's evaluation of the impact of the new bridge, local, county, and federal agencies studied the historical resources within the area of impact. This led to the creation of the South Stillwater Archaeological District, encompassing the site of the Hersey -Bean Sawmill. Seeking to place the bridge within a larger context, more than 250 properties have been determined to be contributing to the significance of the Stillwater Cultural Landscape District, including dwellings, commercial and industrial buildings, public stairways, and an archaeological site. Finally, the Bergstein Shoddy Mill and Warehouse, located in the path of the new bridge, were deemed historically significant. Based on a Memorandum of Agreement, the two buildings were moved to the present site. Inspired by this public debate generated by these controversies, and armed with new tools such as Certified Local Government laws, the city embraced preservation as a means to improve the community's quality of life and as a way to attract tourism to the city_ The Heritage Preservation Commission (HPC) began a multiyear study of the city's resources. In 1993 the HPC directed Robert Vogel, historian, to prepare a study that initiated a comprehensive historic preservation planning process. Over the next decade, the commission prepared surveys of local neighborhoods, documenting their resources and making recommendations for further action. The HPC's outreach programs, including an heirloom home program, with its own website, and video walking tours, gained national recognition. Stillwater became the first commission in Minnesota to win a Commission Excellence Award from National Alliance of Preservation Commissions (NAPC). It won in the category of"Best Practices: Public Outreach." In 1992 the Stillwater Commercial Historic District (containing 82 resources) was listed Bergstein Shoddy Mill 24 Reuse Study in the National Register of Historic Places. Other local landmarks in the National Register include: • Stillwater Lift Bridge over the St. Croix River • Chicago, Milwaukee & St. Paul Depot and Freight House, 305 S. Water Street • Roscoe Hersey House, 416 S. Fourth Street • Austin Jenks House, 504 S. Fourth Street • Ivory McKusick House, 504 N. Second Street • St. Croix Lumber Mills/ Stillwater Manufacturing Company, 31S N. Main Street • William Sauntry House, 626 N, Fourth Street • William Sauntry Recreation Hall, 625 N. Fourth Street • Territorial State Prison Warden's House, 602 N. Main Street • Washington County Courthouse, 101 W. Pine Street • Mortimer Webster House, 435 S. Broadway The Stillwater Heritage Preservation Commission also locally designated some of these properties. In addition, the city created a residential conservation district, empowering the HPC to review changes within its boundaries. Now, prominent landmarks such as the Washington County Courthouse, the Warden's House, and Staples Mill provide historic tourism destinations. Old mansions received new life as bed and breakfasts. Restaurants opened in the caves and the freight house, shops in old utility buildings, and a hotel in the Lumberman's Exchange. In its third century, Stillwater is a bustling community boasting a variety of industry and business. Bergstein Shoddy Mill 25 Reuse Study The Bergstein Shoddy Mill and Warehouse With the construction of the new St. Croix River bridge moving forward, historians made the determination that the Moritz Bergstein Shoddy Mill and Warehouse was worth preserving, even if moved to a new location. What makes these buildings significant? They represent a rare example of a small-scale industrial plant owned and operated by Jewish immigrants in Minnesota in the late nineteenth and early twentieth centuries. Simply stated, the mill and warehouse buildings are rare and worth preserving to illustrate the industrial process of making shoddy and mattresses. In addition, Moritz and Bertha Bergstein were Jewish, living in outstate Minnesota. Their experience, quite different from the more typical urban Jewish life, is not told at other museums and historic sites in the greater Twin Cities region, presenting a great opportunity for this location. The story begins with Moritz Bergstein (1852-1923). He was a native of Hungary, and arrived as a new immigrant to the United States in May 1879. We know little about his life in the old country, although he apparently came from Nagy Saros on the northern border. When questioned on his arrival on the docks of Philadelphia, he listed his occupation as a laborer. He left behind two sisters in Hungary. His brother, lgnatz, eighteen years his junior, joined hint in America in 1883_' By the fall of 1882, possibly earlier, Bergstein had moved to Stillwater, Minnesota. We don't know what drew him to the upper Midwest, but Stillwater was at the height of its prosperity during those years and economic opportunity abounded. After he arrived, he seems to have looked for work that was labor intensive, requiring little capital investment. In August 1884, the Stillwater Messenger reported: "J. C. O'Gorman is having the spacious grounds surrounding his residence handsomely terraced and sodded, the work being done under the direction of Maurice Bergstein, a landscape architect who has gained considerable local fame for the adornment of residence grounds." During the summer of the following year, he also advertised his services as "a practical gardener." However, there is also a newspaper reference connecting Bergstein to a "fruit store and lunch stand on south Main Street." " By the end of that decade, though, be is referred to as "the rustling junk dealer." Owning a horse and wagon to transport landscaping and gardening, he could easily combine occupations. Indeed, the local newspaper reported that he had won a city contract for sodding Willard and South First streets in August 1889. That year brought major changes to Bergstein's life. In October 1889 he married Bertha Gardner, a woman ten years his junior. Like Moritz, she was an immigrant, coming from Bohemia around 1883. Both were Jewish. This would have set them apart in outstate Minnesota. It has been estimated that there were fewer than 1,000 Jews in the state before the 1880s, with most concentrated in St. Paul and Minneapolis. By 1920, after a wave of immigration, about 31,500 Jews lived in Minnesota, a little more than 4,000 of them outside of St. Paul, Minneapolis, and Duluth. Of these 4,000, the largest concentration was in the iron range communities, but Jews were also scattered throughout southern Minnesota, often in sufficient numbers to form religious communities. "' Bergstein Shoddy Mill 26 Reuse Study The Bergsteins' religious connections appear to have been with the Minneapolis Jewish community. Although not listed as members of Temple Israel, both were buried in Montefiore Cemetery, a Jewish cemetery in Minneapolis. Rabbi Albert Minda, of Temple Israel, performed the burial service for Bertha. Newly married, Moritz decided to build on land that he owned in Oak Park, a hamlet located just south of Stillwater. Around the same time, his brother, lgnatz, moved to Minneapolis, where his occupation is listed as "rags" in the 1889 City Directory. Within a few months, the two men formed a company known as Bergstein Brothers. A local newspaper reported that he erected a two-story building in Oak Park "to be used as a junk shop." At the time, he requested that the railroad place a switch there. It appears he designed the building specifically for storage, for the wood floor was unusually strong with few supporting columns, which allowed maximum storage space. Large wood doors, which slid on metal tracks, were located at either end of the building. The following summer, he announced his intention to "establish a plant in Stillwater for the manufacture of shoddy.... The idea is to manufacture the product from woolen rags and dispose of it to the makers of mattresses." Shoddy is recycled wool cloth, most typically wool. The process began with the collection of old clothing and rags. In the warehouse, workers would sort the rags by material and quality. To break down the fibers, especially if there were cotton threads in the rages, the cloth was carbonized, typically heating at 200 degrees for around eight hours. The cotton turned to a powder -like form that was then shaken out by a dusting machine, leaving a more refined material. The heavier cloth was then washed and bagged. A one-story dust house, measuring 12 x 15 feet, appears on the Bergstein property in 1898 and 1904 Sanborn Insurance Maps, although that building is no longer extant. Those maps also show a water tank, clad in iron, next to the engine room. IV M. &RFSrihr/ golf, !Moil A.� v n ` ,, r -' i I:4 I3 L �I 6eti t \f Y t ‘T ci r�r • ` AR 1. i - 1 The material was then transported to the stone mill house on an iron conveyor. In the mill house, a shoddy machine ground up the material. This was a relatively simple machine, typically built around a large cylinder, with picker pins or teeth chewing up the rags. It was powered by a steam engine, located in an engine room attached to the stone millhouse. It had a 25-foot iron chimney in the rear." We catch glimpse of the operation of the mill through local newspaper stories, and it could be dangerous work. On May 23rd, 1896, the Stillwater Messenger reported. "Charles Brown, a young man employed in the Moritz Bergstein mattress factory at Oak Park, had his right arm broken below the elbow Thursday afternoon, his hand becoming caught in a belt. He was attended by Dr. Voight." Four months later, "The engine room of Bergstein Shoddy Mill 27 Reuse Study Moritz Bergstein's shoddy factory at Oak Park was damaged by fire to the extent of a couple of hundred dollars last Saturday, There was no insurance. The blaze evidently caught from the smokestack."' We are not sure how successful the shoddy business was. Distribution, however. would have been difficult from the rural Washington County location. Hints of financial difficulty appear in early 1898, when the couple defaulted on the mortgage for the lots on which their home was built. At around the same time, it was reported: "Moritz Bergstein, who for a number of years has conducted the mattress factory at Oak Park, contemplates moving his business to Minneapolis some time next month." This is consistent with the 1898 Minneapolis City Directory, which shows the Bergstein Brothers, mattress manufacturers, at 117 Plymouth Avenue. The Bergstein Brothers mattress company remained listed in the Minneapolis directory until 1930." By 1910 the Sanborn Insurance Map shows the property as a junkyard, with the dust house used for paper storage. By this time Moritz likely had focused on reselling scrap metal and other materials. He reported his employment to the 1910 census taker as a farmer. A local newspaper story that same year noted that he owned a stone quarry in Oak Park. Bertha's $ 70,000 estate was a not insignificant amount in 1925, and the family had clearly done well over the four decades spent in Minnesota. "r" His obituary noted that he was known as the "junk man" and that "he was always honest and straightforward in his dealings ... he was held in high esteem by the businessmen of Stillwater and vicinity and his death will be regretted." Bertha Bergstein continued the junkyard business until her death in 1925. In her obituary, Bertha was described as "a woman of many fine qualities of heart and mind." The property passed on to their adopted daughter, Leah, and her husband, Jacob Cohn. It appears that Leah had some family connections in Illinois, since census records list that as her birthplace and she married Jacob in Chicago.' The story of the Moritz Bergstein family is both unusual and characteristic. Like many Jewish immigrants, he ran a business involving used goods and recycled materials. But, in contrast with a typical urban Jewish immigrant, the Bergsteins lived in a small town distant from other Jews, acquired property soon after their arrival, and engaged (for a time) in light manufacturing, That piece of the story is not commonly told, making this an interesting site, offering interpretive opportunities not found elsewhere in Minnesota. In addition, shoddy was a relatively common material in the nineteenth and early twentieth century, yet the process is not well known and generally untold in Midwest museums. Bergstein Shoddy Mill 28 Reuse Study Hersey -Bean Mills and the Lumber Industry In his essay, "Lumbering and Steamboating on the St. Croix River" (1904), Captain Edward Durant wrote: "The magnitude of the lumber industry of the St. Croix valley is almost beyond the comprehension of anyone who has not applied himself to a thorough study of the subject from every standpoint." One hundred and twenty years later, it is even harder for the visitor to comprehend the extent and reach of the lumber industry. Next door to the Bergstein Shoddy Mill and Warehouse stand the ruins of the mill run by the Hersey, Staples and Bean Lumber Company. It was one of the city's most successful businesses, employing 225 men and producing eighteen million board feet of lumber a year, plus shingle and lath. The mill complex occupied nearly a milt of riverfront and included a general merchandise store. It closed in 1904 as the local lumber industry came to an end. Hersey, Staples and Bean was organized in 1854 and headed by Samuel Freeman Hersey, a native of Maine who already had years of experience in the lumber industry. Samuel Hersey only occasionally visited Minnesota, leaving the day-to-day operations to Isaac Staples. By 1866, a new partner, Jacob Bean, a native of Stillwater, Maine, had joined the company. Their firm, Hersey, Staples, and Bean Company, grew to become the largest owner of pine lands in the St. Croix delta, the operator of possibly the finest mill in the state, and part owner in boom companies and a general store.' Fortunately, the mill site has been carefully documented and is now designated as the Stillwater South Main Street Archaeological District in the National Register of Historic Places. It contains three sites: the ruins of the Hersey & Bean Lumber Company's sawmill (2 I WA91) and planing mill (21WA92), and the nearby residential neighborhood of "Slab Alley" (21 WA 100) which was home to many of the workers. Bergstein Shoddy Mill 29 Reuse Study INTERPRETATION PLAN How do we tell the story of the Bergstein shoddy mill and warehouse? Interpretation builds connections between the visitor and the site, its buildings, and its natural resources. It begins with the interests of the visitor — why they chose to stop here and what they hope to experience. The goal of the interpretation of this site is to make that connection. Story provides the basic structure for interpretation. A compelling story builds associations with the visitor they stop here because. in the past, they heard stories or had personal experiences. While the visitor might not be an immigrant or Jewish or a shoddy manufacturer, they pick out other stories to frame their visit: "My grandfather was an immigrant"; "I've heard that shoddy is poor quality goods"; or "I've read about Jewish contrnunities in big cities." Working from their knowledge, we can add and enrich that by connecting it to the stories of this place. It is a great learning tool, providing a framework for cognitive learning since it places the known facts within a narrative. If you remember the goal of the main character, that connects with how the character tried to achieve that goal, and that links memory for successive events. Think of it this way: You remember a favorite Christmas tree, but as you recall the larger image, it connects you to the many individual ornaments that hang from its branches. The National Park Service uses an interpretation framework that links tangible resources to intangible resources in order to reveal meanings. Interpreters use the word tangibles when talking about the physical elements of a site. A tangible is concrete. It is a thing that has material qualities that you can see, touch, taste, hear or smell. Visitors work to understand the objects that attract their attention. The tangibles at the Bergstein site are the two buildings. In addition, the location next to the St. Croix River provides sweeping views of the two bridges and river activities_ The intangibles are the meanings. All parks have intangible resources like past events, people, systems, ideas, and values. These are conveyed in two ways: personal services and media (non -personal) services. Personal services provide opportunities for visitors to interact with an interpreter in person. They include such things as informal contacts, talks, guided walks and demonstrations. Most visitors will receive interpretation through media services such as brochures, newspapers, audio tours and exhibit labels. For this site, it is anticipated that personal services will be somewhat limited. Finally, meaningful interpretation relates what is being interpreted to the hearts and minds of the audience and answers the question: "Why should I care?" If that question is answered, then the visitor will remember the site long after their visit, much more so than battle tactics or birth dates. Filmmaker Ken Burns calls it "emotional archaeology." Or as Freeman Tilden stated in his first principle, "Any interpretation that does not somehow relate what is being displayed or described to something within the personality or experiences of the visitor will be sterile."' The following is an interpretive framework, dependent on the final use of the site. At a minimum, the site needs to have interpretive panels explaining that the shoddy mill and Bergstein Shoddy Mill 30 Reuse Study warehouse were moved here, with a brief explanation of the original location, the buildings' uses, and the first owners. Without that, it will create a false sense of history. In addition, the Bergstein site is adjacent to the South Stillwater Archaeological Historic District encompassing one of the upper Midwest's great saw and planing mills. That story is so central to local history that we recommend that interpretation of that site be included in any plans. Bergstein Shoddy Milt 31 Reuse Study i. Theme: Jews in the St. Croix Valley Story The Bergsteins were one of the few Jewish families to settle in Washington County during the nineteenth century. Tangibles The tangibles are the two buildings and their location next to the St. Croix River. Intangibles Choices —What was it like to be part of a religious minority in rural Washington County? Work —How did work relate to their religious beliefs? Change over time --How was the second generation different from the first? Community —How could the Bergsteins build a sense of community with other Jews in Minnesota? Media - Interpretive panel giving biographical information about Moritz and Bertha Bergstein. To date, we have found no images of the couple. -Interpretive panel showing the distribution of Jews in Minnesota in the nineteenth century. Personal Services - The Minnesota Historical Society has developed an educational packet, The Holocaust and Minnesota History: A Curriculum Kit for 3rd to 5th Grade Students. Lesson One: "What does it mean to be Jewish?" might be adapted for use by an interpreter. http: //www.mnhs.orglschoollclassroomlholocaust/hof ocaust3_5.pdf -Other creative interpretive programs might be developed with the Jewish Historical Society of the Upper Midwest. Comments This is a significant theme and one that best fits the unique nature of the site. However, little is known of the Bergsteins' organized religious life. Much of Jewish ritual was build around the home, but, unfortunately, the Bergsteins' home is no longer standing. Bergstein Shoddy Mill 32 Reuse Study II. Theme: Immigrants Story The Bergsteins are representative of the thousands of immigrants that arrived in the Stillwater area in the second half of the nineteenth century. This could be expanded to include German, Swedish, Norwegian, French, and other significant groups. Tangibles The tangibles are the two buildings and their location next to the St. Croix River. Copies of the Bergsteins' immigration records are available, showing their departure from Europe and arrival in the United States, Intangibles Choices —Why did they come to Minnesota? Freedom —What were the leaving behind in Eastern Europe? Work --How did they chose their occupations and what barriers existed to finding work? Diversity —How did Stillwater's social structure respond to the needs of immigrants? Change over time — What changes took place when the second generation came of age? Media -Map showing sources of immigration to Washington County, linked to a brief biography of a representative of each immigrant group. Personal Services -A world map would be shown, with post -it notes available. Visitors could write down ancestors' names and place them on the board showing country of origin. Comments The Bergsteins were part of a complex migration. It would be best to focus on the experiences of the many Jewish immigrants who reached Minnesota during the 1880s. These came primarily from the Austro-Hungarian Empire and were part of a surge of settlement that included Russian refugees fleeing persecution. While Moritz Bergstein identified himself as a native of Hungary in the 1895 Minnesota census, in the 1900 federal census both he and Bertha were identified as Austrian. In the 1910 federal census he was identified as "Hun. German" and Bertha was "Austr. Bohemia." Moritz's brother. lgnatz, was identified as Russian in 1910. while Bertha's brother called himself Czechoslovakian in 1930. Bergstein Shoddy Mill 33 Reuse Study 111. Theme: Making Shoddy Story Shoddy was commonly manufactured in the nineteenth and early twentieth centuries. It gained a reputation, however, of being inferior goods. Tangibles The tangibles are the two buildings. Available documents include photographs of the buildings taken in the 1950s, Sanborn Insurance Maps, and period illustrations of shoddy manufacture. Intangibles Process —What is shoddy and how was it manufactured? Economy —Where did shoddy fit into the local market economy? Transportation —Where did the mattresses go from this location, and how were they transported? Buildings --How do the buildings illustrate the process? What are some unique features? Media -A large-scale model of a shoddy mill would allow visitors to sort rags, then feed into a mill. Turning a crank or pushing a button, it would come out the other end. Personal Services - An interpreter could share various samples of shoddy illustrating the stages of the milling process. - An interpreter can have shoddy -like material available to stuff a miniature mattress. Comments This is site is significant as a rare example of a building that held a shoddy mill. Some large-scale model would greatly aid the visitor in understanding the process. Bergsteln Shoddy Mill 34 Reuse Study IV. Theme: Recycling Story Moritz Bergstein was a "junk man." This is a form of recycling — a concept that most visitors are quite familiar. Tangibles The tangibles are the two buildings and their location next to the St, Croix River. Intangibles Choices —What do we choose to discard? Ecology —What happens to our trash? Work —What is the role of the junk man? How does he create value from discardables? What makes a successful junk man? Media A workstation could be developed at which visitors sort through various types of waste material, then determine its potential future use if recycled. For example, a wool rag, a hubcap, a battery, and a piece of bone would be placed on a table — connect it to a recycled product. Personal Servkes If an interpreter is available, they can encourage the visitors to think up new and creative ways that junk can be recycled_ Here are some examples: http:llwww.viralnova.comlcool-trash-ideas/ Comments This is theme that directly relates to the use of the site as a junk shop — how Moritz Bergstein was remembered in his obituary, It also has a very contemporary twist. Bergstein Shoddy MHII 35 Reuse Study V. Theme: Hersey -Bean Mill Story The mill run by the Hersey, Staples and Bean Lumber Co. was one of the city's most successful businesses, employing 225 men and producing eighteen million board feet of lumber a year, plus shingle and lath. The mill complex occupied nearly a mile of riverfront and included a general merchandise store, It closed in 1904 as the local lumber industry came to a close. Tangibles The site of the Hersey -Bean mill has been designated as the South Stillwater Archaeological Historic District. These sites, along with the well-preserved archaeological features of the nearby residential neighborhood of "Slab Alley," provide significant archaeological evidence not only for sawmill technology and the nature of daily life in a nineteenth-century working-class neighborhood in Stillwater, but also the direct correlation between the economic boom and bust of the lumber industry and the development and demise of the Slab Alley community. Intangibles Work —What was the lumber industry? Community —What are some of the occupations related to the lumber industry? Ecology —Why did logging come to an end in the early twentieth century? Media - A diorama to show the Hersey -Bean site with buildings - Walking tour brochure -Video walking tour of the site (similar to Stillwater podcast series) triggered by OR signs placed at appropriate stops Personal Services - Special walking tours with guide. These might he offered occasionally, or on special weekends. I suggest intensive tours with scholar or very knowledge guide. These groups should he limited to no more than ten people. For examples, see: https://www.contexttravel.com - Curriculum material: Stillwater schools have an outstanding curriculum unit available about lumbering Some pieces can be adapted to the site. See: http://www.chilakoot.corn/curriculum_pdf/lumbering-pdf Comments This is a great site. It allows the visitor to gain a sense of place (between the river and cliffs) and clear understanding of the size and work patterns of a major mill. Interpretation should be coordinated with the National Park Service. Visitors would have available complementary interpretations between here and the boom site north of town. In addition, it will be helpful to work closely with the Washington County Historical Society and their new museum space. Bergstein Shoddy Mill 36 Reuse Study Notes ' Marelynn Zipser and Alex Miller, comp, Hungary, All Citizen Census, 1869 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2008; Passenger Lists of Vessels Arriving at Philadelphia, Pennsylvania, 1800-1882. Micropublication M425-97. Line 1. RG036, National Archives, Washington, D.C. " Stillwater Messenger, April 25. July 4, 1885. 'l' Linda Mack Schloff, "Overcoming Geography: Jewish Religious Life in Four Market Towns," Minnesota History 51 (Spring 1988), 5 Stillwater Messenger, November 30, 1889; June 14, 28, 1890. Henry G. Kittredge, "Shoddy, or the History of a Woolen Rag," Technology Quarterly and Proceedings of the Society of Arts 19 (1906), 65-82. Kittridge was a prominent writer about American textile manufacture. " Stillwater Messenger, May 23, September 19, 1896. There are no similar stories after 1898, again. suggesting that the shoddy operation ended here around 1898. "" Stillwater Messenger, January 15, March 12, 1898. We do not have evidence as to whether Bergstein continued to use the Oak Park location for any part of the manufacturing process. A notice of the mortgage default was posted in Iocal newspapers through March and April 1898. An auction of the property, announced for late May of that year, did not take place. We can assume that the Bergsteins made financial arrangements. Stillwater Messenger, March 19, 1910. Stillwater Messenger, March 19, 1910; "Moritz Bergstein Dead," Stillwater Daily Gazette, September 4, 1923. At her death, Bertha was described as "a woman of many fine qualities of heart and mind." Stillwater Daily Gazette, August 5, 1925. Bertha Bergstein Will, Final Account and Petition for Settlement, Washington County, Minnesota; see General Index Probate Court, p. 28, leading to will for Bertha Bergstein, # 6135, Register 10, 545. Lucile Kane, "Hersey. Staples and Company, 1854-1860: Eastern Managers and Capital in Frontier Business," Bulletin of the Business Historical Society 25 (December 1952): 199-213. x" Freeman Tilden, Interpreting Our Heritage (Chapel Hill: University of North Carolina Press, 1957), 11. Bergstein Shoddy Mill 37 Reuse Study MnDOT Mo►►e Photos Bergstein Shoddy Mill Moving Photos 1 Bergstein Shoddy Mill 2 Moving Photos Bergstein Shoddy Mill Moving Photos 3 Bergstein Shoddy Mill Moving Photos 4 Bergstein Shoddy Mill Moving Photos 5 Bergstein Shoddy Mill 6 Moving Photos Bergstein Shoddy Mill 7 Moving Photos Bergstein Shoddy Mill 8 Moving Photos Bergstein Shoddy Mill 9 Moving Photos Bergstein Shoddy Mill Moving Photos 10 Existing Conditions Photos Historic view 1. The south side of the warehouse building as it appeared in the 1950s. The original drop siding remains in place and appears to be unpainted. Historic view 2. Close-up view of the southeast corner, showing 2/2 double hung sash, which may be original. Bergsteln Shoddy Mill Photos Historic view 3. The west end of the building, with rail spur visible in the foreground- 1950s. The original wood -shingled roof has been replaced with metal, but the lack of al ridge cap suggests that the current metal roof is newer. Historic view 4. The east end of the warehouse. Bergstein Shoddy Mil[ 2 Photos Historic view 5. South side prior to move from the original location in 2009. The overhead door was installed in 1983. The Masonite siding and canopy above the service door may date from same time. Historic views 6-7. West (left) and east ends (right) of the warehouse in 2009. The original drop siding remains exposed on the east end. Bergstein Shoddy Mill Photos 3 Historic view 8. The interior of the warehouse, 2009, looking east. A concrete slab has replaced the original wood floor, and an office/restroom enclosure has been built in the southeast corner. An original timber column in foreground has been cut off and replaced with a makeshift truss in order create clear span for auto repair business. Walls and ceiling are sheathed with gypsum wallboard. Historic view 9. Looking southwest on the lower level of the warehouse, 2009. The office is visible at left, and the overhead door is visible at center. Bergstein Shoddy Mill 4 Photos Historic view 10. The upper level of the warehouse, looking east, 2009. The framework for the rope -powered wood elevator is visible at the center of the photo. Historic view 11. Upper level, looking west. The north wall is sheathed with drywall. Bergstein Shoddy Mill 5 Photos Historic view 12. North side of the mill building in its original location, 2009. The overhead and service doors are not original to the building. Historic view 13. West side of the mill building in 2009. Bergstein Shoddy Mill 6 Photos Historic view 14. The south side of the mill building in 2009. Historic view 15. The west side of the mill building, 2009. Note the window infill (circled). The upper portion of the wall appears to have been reconstructed. Bergstein Shoddy Mill Photos 7 Historic view 16. Interior of the mill building, looking east. Planks have been sistered to the original center beam to support the roof. Historic view 17. Interior of the mill building, looking west. Bergstein Shoddy Mill 8 Photos Aerial view 1. The mill and warehouse were moved to a new site along on the banks of the St. Croix River, south of downtown Stillwater, in 2012. Aerial view 2. The mill and warehouse in their new location. Bergstein Shoddy Mill Photos 9 Photo 1. South elevation of the warehouse building in its new location. The overhead door and Masonite siding were added in 1983. Photo 2. South and west elevations of the warehouse. The metal batten -seam roof with snow catchers and a ridge cap appears to be newer than the roof shown in Historic view 3. The building was placed atop a new foundation as part of the 2012 move. Bergsteln Shoddy Mill Photos 10 Photo 3. West elevation. Photo 4. North and west elevations. Exposed framing on the interior of the upper level indicate that there were originally windows on the north elevation. Bergstein Shoddy Mill 11 Photos Photo 5. North elevation. Photo 6. North and east elevations. The original drop siding remains exposed on the east side. Bergstein Shoddy Mill Photos 12 Photos 7-8. Pests have chewed holes through siding on east end (left). Detail of the eaves above the east end (right). Original skip sheathing, cornice molding and corner boards are visible. Photos 9-10. Details of the original drop siding on the east side. The tongue -and -groove siding was applied over flush board sheathing. Bergstein Shoddy Mill 13 Photos Photo 11. Lower level of the warehouse, looking southeast. The building originally had a wood floor. The new foundation walls were filled with sand as part of the move. Photo 12. Lower level, looking northeast. Bergstein Shoddy Mill Photos 14 Photo 13. Lower level looking southwest. Photo 14. An original timber post has been removed from the west end of the building, and replaced with a makeshift truss to allow a clear span. Rotted studs were cut off and reinforced with new material, and a treated lumber sill was installed to prepare the building for the move Bergstein Shoddy Mill Photos 15 Photo 15. The original sliding doors remain in place on both the east and west ends of the building. Photos 16-17. The original sliding door hardware and tracks remain intact (left). A faded label on the hardware identifies the maker as "Lawrence." Detail of the door construction (right) Bergstein Shoddy Mi[i 16 Photos Photos 18-19. The upper level of the warehouse building, looking west (left). Pests have chewed through the wall at the southwest corner (detail of circled area is at right). Photo 20. North wall of the upper level. Framing for the original windows remains in place, although sash have been removed and openings filled in. Bergstein Shoddy Mill Photos 17 Photo 21. Upper level, looking east. Framework for elevator windlass is visible at the center of the photo. Photos 22-23. Window opening near the southeast corner of the upper level (Ieft). Original double -hung sash have been removed, but original trim remains in place (right). Bergstein Shoddy Mill 18 Photos Photos 24-25. Two views of the elevator framework and windlass. The opening between the floors has been covered (right). Photo 26. The rope -powered windlass mechanism from above. Bergstein Shoddy Mill 19 Photos Photo 27. Detail of roof framing showing rafters, collar ties and lightweight struts. Although the struts may add strength to the roof structure, they do not function as actual trusses. Photo 28. Slats and chicken wire between struts were used as a holding area for shredded cloth. Bergstein Shoddy MI! 20 Photos Photo 29. Detail of ridge board and skip sheathing. The original wood shingles are visible between sheathing boards. Photo 30. North side of the mill building in its new location. Brick arches above the wide opening indicate location and size of original openings. Color variations in the mortar indicate that the walls have required repair many times in the past. Bergstein Shoddy Mill Photos 21 Photo 31. North and west sides of the mill building. Photo 32. West and south sides of the mill building. A temporary membrane roof was installed following the move. Bergste&n Shoddy Mid Photos 22 Photo 33. South elevation of the mill building. Photo 34. South and east sides of the mill building. The warehouse is visible in the background. Bergstein Shoddy Mill Photos 23 Photo 35. East side of the mill building. This wall is badly cracked, and the upper section appears to have been rebuilt. An original window opening with a brick arch has been filled in. Mortar adjacent to the infill bears is inscribed with the date 1896 (circled area is detailed below). Photo 36. Detail of inscribed date on east wall of the mill. Bergstein Shoddy Mil[ 24 Photos Photo 37. Interior of the mill building, looking east. The center beam and roof sheathing were replaced following the move. The iron angles may be original to the building. An inscription in the window infill (circled) reads "CB 1880 Sept. 30." See detail below. Photo 38. Close-up view of inscription in window infill an the east wall of the interior. Bergstein Shoddy Mill 25 Photos Photo 39. A charred lintel above the small window in the east end of the building provides evidence of a fire. Photo 40. Looking west inside the mill building. Remnants of timber joists set into the walls (circled here and in Photo 42) suggest that there may have been a loft in the building, or that the roofline was altered at some point. Bergstein Shoddy Mill Photos 26 Photo 41. Roof rafters are assembled from short sections of iron channel, riveted together. Photo 42. South wall of the interior. Pockets for timber joists are circled. Bergstein Shoddy Mill Photos 27 Existing Conditions Code Analysis Rehabilitation Recommendations CCLAYBAUGH PRESERVATION ARCHITECTURE 36I W. Government St. Taylors Falls. Minnesota 55084 Site Visit Report January 27, 2015 Bergstein Shoddy Mill Reuse Study South Main Street, Stillwater, MN Participants: Robert Claybaugh, CPAi John Lauber, JLCo LLC Gene Dwyer, LSE Shoddy Mill • General: ❑ The building has been moved to a new site and set on new concrete foundation. o The wood roof beam has been replaced. o New plywood sheathing has been installed over the steel angle joist and a temporary membrane roof installed. a Some pointing of masonry was done to help stabilize the structure. o There is no floor slab in the building. • a Masonry: a The exterior 18" rubble stone bearing walls are in tough shape. There are a lot of cracks and open joints in the walls that will require extensive grouting and tuckpointing. ❑ The original mortar appears to be fairly bad with coarse aggregate of various types of stone. Thcrc is a variety of later pointing and repairs in the mortar. ❑ Mortar samples should be taken and tested to determine an appropriate mortar mix. o The recent mortar repairs were done with a tinted fine aggregate mortar that docs not match the original. a There is evidence that the upper walls of the building and roof configuration have been modified over the life of the building. d penings: ❑ The east opening appears to be original with a segmented arch. The opening was infilled in 1886 according to a date scratched in the mortar. There is evidence of an earlier fire on the interior wood lintel. ✓ The west opening appears to be original with a segmented arch. o The north openings are later modifications to provide a garage size door and an entry door. Thcrc arc remnants of segmented arches that would indicate possibly three original openings of similar size as on the east and west walls. The auto repair owner told me in 2005 that they were two smaller openings before they cut in the garage door. Roof: ❑ The steel angle joists appear to be repurposed truss members judging from the riveted splices. These are probably not original to the building but to an earlier modification possibly after the fire. ✓ The roof deck has been replaced with plywood and is covered by a loose laid roof membrane without insulation. The deck overhangs the masonry by about 16 inches. Warehouse: • General: 1 ❑ The building has been moved to a new site and set on new concrete foundations. ✓ Due to rot a new 6x6 wood sill beam was installed, rotted sections of original studs were cut off, new temporary studs were sistered to the originals and extended to the sill in a haphazard manner. The intent was to stabilize the structure. ❑ There is no floor slab in the building. a There are no utilities connected to the building. The site relocation drawings indicate that sewer and water service was extended to five of the warehouse. • Exterior Walls: a The original wood drop siding has been covered with Masonite siding except on the east wall. The drop siding appears to be in rough condition. ❑ The last use of the building was for auto repair and many of the modifications were for that usc. • The large overhead door on the south wall. ■ Removal of an interior wood support column. • Addition of 2 layers of gypsum board on the north wail for fireproofing. ■ Addition of gypsum board on the walls and ceiling of the ground floor. • Addition of haft insulation in the ground floor wails. • The second floor is entirely unfinished. • • Openings: ❑ The large sliding wood doors on the east and west walls appear to be original. The sills of these doors are about 8" above the sill beam. This would indicate the original wood floor level of the building. The auto repair business installed a concrete floor on grade. ❑ The two double hung windows on the west wall are probably from the auto repair remodeling. We saw evidence of larger window openings at these locations. ❑ The other window openings arc the same size as on the second floor and have double hung wood sash probably from the auto repair remodeling. The sash arc either in poor condition or missing. Q The south wall probably had a small window opening where the overhead door is now. The entry door location may be original but the steel door is new. o The second floor window openings appear to be original. Roof: ❑ The existing roof is covered with metal panels over the original wood shingles. The shingles are visible from the second floor though the spaced wood sheathing. ❑ The overhang soffits arc in poor condition. ❑ There are no gutters or downspouts in the building. ■ Interior: ❑ There are no interior partitions on the first floor. ❑ The stair to the second floor is partially in place. It would not meet current code ❑ The second floor is open with no interior finishes. a There is a 73" square opening in the floor with a 7' 1 0" diameter wood sheave mounted at ceiling level. The sheave has a 2" manila rope that would have been used to raise and lower items from the second floor. This is the most notable feature of the building. Submitted by, CLAYBAUGH PRESERVATION ARCHITECTURE INC 2 Robert I. Claybaugh AIA, President File: SHM-site visit-012715 3 CCLAYBAUGH PRESERVATION ARCHITECTURE 361 W. Government St. Taylors Falls, Minnesota 55084 May 6, 2015 Existing Conditions Bergstein Shoddy Mill Reuse Study South Main Street, Stillwater, MN Site • The two buildings are sited in the same relationship as on the original site. • The site is fairly level and was created with fill to be above the 100 year flood plain. • There are no other improvements on the site. Shoddy Mill • General: ❑ The building has been moved to a new site and sct an new concrete foundation. ❑ The wood root beam has been replaced. ra New plywood sheathing has been installed over the steel angle joist and a temporary membrane roof installed. ❑ Some pointing of masonry was done to help stabilize the structure. ❑ There is no floor slab in the building. Only a sand base. • Masonry: ✓ The exterior 18" rubble stone bearing walls are in tough shape. There are a lot of cracks and open joints in the walls that will require extensive grouting and tuckpointing. ✓ The original mortar appears to be fairly bad with coarse aggregate of various types of stone. There is a variety of later pointing and repairs in the mortar. ❑ Mortar samples should be taken and tested to determine an appropriate mortar rnix. ❑ The recent mortar repairs were done with a tinted fine aggregate mortar that does not match the original. ❑ There is evidence that the upper walls of the building and roof configuration may have been modified over the life of the building. • Openings: a The cast opening appears to be original with a segmented arch. The opening was infilled in 1886 according to a date scratched in the rnortar. There is evidence of an earlier fire on the interior wood lintel. o The west opening appears to be original with a segmented arch. ❑ The north openings are later modifications to provide a garage size door and an entry door. There are remnants of segmented arches that would indicate possibly three original openings of similar size as on the east and west walls. The auto repair owner told me in 2005 that they were two smaller openings before they cut in the garage door. • Roof: ✓ The steel angle joists appear to be repurposcd truss members judging from the riveted splices. These are probably not original to the building but to an earlier modification possibly after the fire. o The roof deck has been replaced with plywood and is covered by a loose laid roof 1 membrane without insulation. The deck overhangs the masonry by about I6 inches. Warehouse • General: o The building has been moved to a new site and set on new concrete foundations. o Due to rot a new 6x6 wood sill beam was installed, rotted sections of original studs were cut off; new temporary studs were sistered to the originals and extended to the sill in a haphazard manner. The intent was to stabilize the structure. ❑ There is no floor slab in the building. o There are no utilities connected to the building. The site relocation drawings indicate that sewer and water service was extended to within five feet of the warehouse. • Exterior Walls: ❑ The original wood drop siding has been covered with Masonite siding except on the east wall. The drop siding appears to be in rough condition, o The last use of the building was for auto repair and many of the modifications were for that use, • The large overhead door on the south wall. • Removal of an interior wood support column. • Addition of 2 layers of gypsurn board on the north wall for fireproofing. • Addition of gypsum board on the walls and ceiling of the ground floor. • Addition of bait insulation in the ground floor walls, a The second floor is entirely unfinished. • Roof and 2" Floor Structure: o Refer to LS Engineers, Inc. report dated May 5, 2015 for structural assessment of the building. • Openings: o The large sliding wood doors on the east and west walls appear to be original. The sills of these doors are about 8" above the sill beam_ This would indicate the original wood floor level of the building. The auto repair business installed a concrete floor on grade. a The two double hung windows on the west wall are probably from the auto repair remodeling. We saw evidence of larger window openings at these locations. o The other window openings are the same size as on the second floor and have double hung wood sash probably from the auto repair remodeling. The sash are either in poor condition or missing. ❑ The south wall probably had a small window opening where the overhead door is now. The entry door location may be original hut the steel door is new. ❑ The second floor window openings appear to be original. • Roof: ❑ The existing roof is covered with metal panels over the original wood shingles. The shingles are visible from the second floor though the spaced wood sheathing. o The overhang soffits are in poor condition. ❑ There are no gutters or downspouts in the building. • Interior: a There are no interior partitions on the first floor. ❑ The stair to the second floor is partially in place. It would not meet current code 2 o The second floor is open with no interior finishes. o There is a 73" square opening in the floor with a 7' 10" diameter wood sheave mounted at ceiling level. The sheave has a 2" manila rope that would have been used to raise and lower items from the second floor. This is the most notable feature of the building. Submitted by, CLAYBAUGH PRESERVATION ARCHITECTURE INC Robert J. Claybaugh AIA, President File: SHM-Ex istin g-050 6 15 3 CLAYBAUGH PRESERVATION ARCHITECTURE 361 W. Government St. Taylors Falls. Minnesota S5U10 May 25, 2015 Shoddy Mill Reuse Study Highway 95 North Stillwater, Minnesota Code Review Historic Status: The buildings are currently listed on the National Register but are not listed on the City of Stillwater local register. Minnesota State Building Code: The 2007 Minnesota State Building Code amendments and the 2006 International Building Code, and the 2015 Minnesota Accessibility Code were used for the code review of this building. Mill Building: • Building gross floor area: o 1' Floor: 578sf ❑ Total occupied: 578 sf • Stories: 1 story • Occupancy: Group M Mercantile ■ Construction Type (Table 601): o Type III B Masonry bearing wall & unprotected roof structure. • Allowable Height and Building Area (Table 503) Type III B Construction: ❑ Height: 4 stories o Area: 12,500/floor • Floor Occupancy (Table 1004.1.1): o 1s` Floor: 30gsflperson=20 persons o Exits: one (table 1015.1) Warehouse Building Building gross floor area: o ls` Floor: 1,617sf o 2' Floor: 1,617sf o Total occupied: 3,234sf ■ Stories: 2 stories ■ Occupancy: o Group A2 Restaurant a Group R2 Dorm/motel ❑ Group M Mercantile • Construction Type (Table 601): o Type VB-unprotected wood frame • Allowable Height and Building Area (Table 503) Type V B Construction: ❑ Group A2: Shoddy Mill 1 • Unprotected: 1 story, 6.000sf/floor • Protected: 2 stories, 11,500/floor (sprinklered) o Group R2: • Unprotected: • Protected: o Group M: • Unprotected: • Protected: 2 stories, 7,000sf/floor 3 stories, 12,000sf/floor 1 story, 9,000sf 3 stories, 14,000sf/floor • Floor Occupancy (Table 1004.1.1): o A2: Tables and Chairs: 15 sf/person o R2: 200 sf/person o M: 30 sf/person o E: Classroom: 20sflperson • Floor Live Loads (Table 1607.1) o Assembly/movable seating: 100psf a Dining rooms 100psf o Office: 50psf o Office/class corridor above ! 8` floor: 80psf a Residential: 40psf o Hotel rooms & corridors to rooms: 40psf o Classrooms: 40psf • Building with one exit (Table 1019.2): o A and E: l story, 49 occupants o B and M: 2 stories, 30 occupants o R2: 2 stories, 4 units, 50 foot travel Automatic Sprinkler Systems (Section 903 and MN1306): • Stillwater has adopted MN Chapter 1306 Special Fire Protection Systems: • A2 Occupancy: Required through out • R2 occupancy: Required throughout • B and M Occupancy: 2,000 sf or more per floor and three or more stories. • E Occupancy: 2,000 sf or more per floor and two or more stories. Upper Floor Accessibility/Elevator (MN Chapter 1341): • Generally not required if less than 30 occupants. An elevator would probably be desired for any use of the 2" floor. • Other requirements do apply to some occupancy classifications. Claybaugh Preservation Architecture Inc Robert J. Claybaugh AIA File: SHM-Code-052515 Shoddy Mill CCLAYBAUGH PRESERVATION ARCHITECTURE 361 W. Government St. Taylors Falls, Minnesota 55084 July 1, 2015 Renovation/Adaptive Reuse Recommendations & Cost Estimates Bergstein Shoddy Mill Reuse Study South Main Street, Stillwater, MN Site • Accessibility: Create accessible path from parking to entry of each building. • Outdoor Space: Develop space between the buildings and toward the river for outdoor events such as farmer market, performances, etc. Shoddy Mill • General: o This structure is probably best suited for seasonal use that would not require heating or air-conditioning. There could be some electric radiant base board heat if necessary. o Underground electric power should be connected to the structure with a panel with circuits to handle lighting, convenience outlets and ceiling fans. o Provide security and fire alarm system. o A sprinkler system would not be required. Masonry: a Mortar samples should be taken and tested to determine an appropriate mortar mix. ❑ We would recommend that the stone walls be left exposed on the interior of the structure. a All of the exterior and interior mortar joints should be repointed with the mortar mix determined by testing. • Openings: o Large East Window: Leave the masonry infill in place along with the date inscriptions in the mortar. o Small East Window: This is an odd and ill placed opening but appears to have been there a long time. Consider leaving the opening and install an operable window for ventilation. o West Window: install a new wood double hung sash in this opening. a North Openings: ■ Alternative 1 (not in estimate): • The existing door openings are later modification and arc to be removed, • Using the remnants of the brick segmented arches as a guide, reconstruction three opening on the north facade. They could all be door openings or only the center opening could be a door with the flanking openings as windows. • This alternative would limit the functionality of the building for rentals and visitor services. ■ Alternative 2 (in estimate): • Restore the small door opening. 1 • Retain the large opening and install a roll -up door to provide good access for rental and visitor services. • Floor: a Install a new 4" concrete slab over 2" rigid insulation on the existing sand base. o Finish floor covering would be optional. Roof: ❑ Remove the existing temporary roof covering. o Install EPDM adhered roof membrane over cover board and 4" rigid insulation over existing plywood deck. o Install new painted wood fascia at roof edge. Warehouse • Utilities: o Provide underground electrical service to the building. o Connect building to existing water and sanitary sewer services that are stubbed on site. a Provide gas service to the building. • Exterior Walls: ❑ Remove existing Masonite siding and gypsum board layers from the exterior to expose the original wood drop siding. ❑ Infill the overhead door opening. o Replace deteriorated drop siding to match the existing, prime and paint. The condition of the siding underneath will not be apparent until the newer siding has been removed. Replacement of 50% of the siding would be a good estimate at this time, • Roof and 2"d Floor Structure: o Refer to LS Engineers. Inc. report dated May 5, 2015 for structural recommendations including upgrading the 2"d floor structure to 40psf. This would only be done if the 2" floor is to be occupied. (not in estimate) o Replacement of the missing wood post would be part of the scope of work along with replacing the two other wood posts with full height posts. (in estimate) Openings: ❑ Replace the existing 1" floor west facade windows with openings to match the 2' floor windows. o Add a window opening on the Is` floor south facade in line with the 2"d floor window above. o Install new 2/2 thermal glazed wood double bung sash in all of the existing and new window openings. ❑ Install a new wood door and frame in the south facade door opening. ❑ Restore the original wood sliding doors. These would not be the primary weather closure for the openings. ❑ Install new wood and glass doors with sidelights in these openings. • 15' Floor: 2 o Install a new 4" concrete slab over 2" rigid insulation on the existing sand base. ❑ Provide in slab hydronic heating system. • Roof: ❑ Remove existing wood and metal roof coverings. o Replace deteriorated wood sheathing as required. ❑ Install new cedar shingle roof over cedar breather, plywood sheathing and 3" rigid insulation on the existing wood sheathing. a Install galvanized metal half round gutters and corrugated round downspouts on the north and south roof eaves. • interior: a 1" Floor: • Remove all existing wall and ceiling finishes and insulation. • Insulate the exterior walls with full thick batt insulation. • Insulate the 2"d floor joist space with 6" batt insulation. • install painted gypsum board with veneer plaster finish on all wall and ceiling surfaces. Leave the existing wood bracing visible. • Build out space as shown on proposed floor plans. • Provide service access ladder to 2"d floor. a 2•d Floor: • The 2"d floor would remain unfinished except for closure walls around the wood sheave and opening so it is visible from the 15` floor. • If the 2" floor were to be made usable, the following items would need to be part of the scope of work: (not in estimate) • Reinforce 2nd floor structure. • Construct one or two exit stairs depending on use. ■ Construct an elevator to provide accessibility to the 2' floor. o HVAC: • Provide in floor hydronic heating system in 1'1 floor slab. ▪ Provide forced air cooling and ventilating on the 1 " floor with exposed round spiral ductwork. • No HVAC on the 2°d floor. o Electrical: • Provide general lighting and track lighting on the 1S1 floor ceiling. • Provide general lighting in the restroorns and kitchen space. • Provide exit and emergency lighting. • Provide security and fire alarm system for the building. a Fire Protection: • Stillwater has adopted Minnesota Chapter 1306 Special Fire Protection Systems. • An A2-Assembly occupancy would require a sprinkler system throughout. (in estimate) • A B-Business or M-Mercantile occupancy would not require a sprinkler system. Demolition ■ Mall efforts at rehabilitation fail, the two structures could be demolished above grade leaving the concrete foundations in place. Cost Estimates • Demolition: Demolition of the above grade structures is estimated to be in the range of $25,000 to $30,000. This includes removal of demolished materials. • Construction Cost Budget Estimate: ❑ Site Work: Not included in estimate. o Warehouse and Mill: • The estimate for exterior and interior renovation based on the attached July 1, 2015 PPM cost estimate is: 5595,576.28 • This includes general conditions, overhead & profit, design contingency and cost escalation to July 30, 2016. • Architectural and engineering design costs to develop construction documents for the estimated scope of work are not included in the estimate. c Interior Construction: • The estimate for interior renovation based on the attached July 1, 2015 PPM cost estimate is: $287,738 • This includes general conditions, overhead & profit, design contingency and cost escalation to July 30, 2016. • Architectural and engineering design costs to develop construction documents for the estimated interior scope of work are not included in the estimate. • The amount is included in the overall estimate of $595,576.28. • The items included in the interior construction estimate are: • 0300 concrete floor slabs • 0700 concrete slab insulation • 0900 interior first floor build out • I000 toilet room accessories • 1500 HVAC, fire protection and plumbing systems • 1600 Electrical and alarm systems Submitted by, CLAYBAUGH PRESERVATION ARCHITECTURE INC Robert J. Claybaugh AIA, President File: SHM-Recommend-070115 4 Existing Conditions Drawings ti 1" '7 diameter wood sheave on 10' diameter Shalt 74' x7d"ha ich 2nd Floor Warehouse Plan NORTH Ongnei slitling door Wtl. post Up ACI ter. sldmg d00- 1st Floor Warehouse Plan 1/8" = 1'- 0" 1st Floor Area: t,$17 sf 2r1d Floor Area: 1,617 sf UGH PRESER PRESERVATION ARCHITECTURE INC 361 Wes! Government Street Taylors Falls. MN 55084 Tel: 551.206.0980 E-: claybaugh7rtgrnail com Mard12015 i i6'-6" Me lel roof over we. sheathing 2-X 6" Wd shies i 24.O.C. — —2" X e" Wd 43ims a 24- 0 C. Oh Ix10 we. subAedr a 7�9" x5"lag wd. Now 2" 4 6" Wd slues a 24- O.C. WIII 1x6 wd. Sheathings 3/4" 5 1 12- wd. drop siding 6 wd. siA Fu1u re floor level Ermmg sand level WAREHOUSE SECTION il&" = 1'- 0" CCI.AYBA[JGH PRESERVATFON ARCHITECTURE INC 3.51 West Government Street Taylors Falls. MN 55084 Tel. 651 206 0660 E-: daybaugh7©gmail.axn March 2015 NORTH 15' 3" top stone to foundation 0 H. door opg. Door opg. --New plywood roof deck with loose membrane Existing steel angle joists New wood beam 18" stone wall —Infllled window opening Future floor level Existing sand level 21'-0" Window opg. SHODDY MILL PLAN & SECTION 1/8" =1'- 0" Building footprint: 576 sf Insider floor area: 441 sf CLAYBAUGH PRESERVATION ARCHITECTURE INC 361 West Government Street Taylors Falls, MN 55084 Tel: 651.208.0980 E-: claybaugh7@gmail.com March 2015 Schematic Design Drawings +1- 80' to Asphalt Edge* +1-' 49' to Western Bluff Toe* Measured from Southwestern Warehouse facade. Approximate Distances: +/- 11' to top of bluff* +1- 45' to water's edge* Measured from East corner of Warehouse Building. 0 Approximate Distances: +1- 14' to top of bluff* +/- 65' to waters edge* Measured from Northeast Shoddy Mill facade +1- 100' to Asphalt Edge* +1-' 75' to Western Bluff Toe* Measured from Southwestern Shoddy Mill facade. Sti1Iwater Bergstein Warehouse and Shoddy Mill Parcel Boundaries Municipal Boundary Water Pipes Q Water Valves O Hydrants 8C 163 2L drop oft lane Acce55it le out door event Plaza One way drive gluff Line approximately 692' Future BlkelpedestrianTrail Highway 95 Site Plan S1 Scale: 1" = 40 ft CLk(BAUGH PRESERVATION pf2CkITEGH INC 261 West GS MN Government Street 7aylo e Tel: 555.2051 �gmait.com E-: clayeaug 7 May 25, 2015 f _ f ri R" diamelet woad sheave on Ip' diameter Shalt Drop down attic ladder Second Floor Plan Al Scale: 118" = 1'-0" 28-8" 1 First Floor Plan Al Scale. 1 (8" = 1'-0•' r NORTH lal FIOOl Area: 1,617 at 2nd F1o0rArea' 1,617 of CCLAY9AUGH PRESERVATION ARCHITECTURE INC 381 West Government Street Taylors Falls. MN 5588.4 Tell 551.206.0980 E-: daybaugh7@gmail.cam May 25, 2015 Al FFE 695.5' 2 Warehouse West Elevation A2 Scale: 1/8" = 29'4Y 1 Warehouse Section A2 Scale: 118" w 1'-0" 2' X 6" laid. studs 24" 0 C. -2"X12- Wd pas 24"0.C. wth lxl0wd sublloor8 718' 5' lay wd. riser TX6"Wd studs ©24"0C. with 1 x6 wd sheathing 6 2M" x 5 112" wit drop si6frg d" concrete slab over 2" rigid insulation CcLAvsAucH PRESERVATION ARCHITECTURE INC 361 West Government Street Taylors FaUs, MN 55064 Tel 661 266.0980 E-: c ybaugh1ggmall.com May 25 2015 A2.1 E '\ South Elevation A2.2: Scale- 118" = 1'-0" Adjust grade to make accessible entrance FFE 695.5' QHW 675' CCLAYf3AUGH PRESERVATION ARCHITECTURE INC 361 West Govemmenl Slreel Taylors Falls, MN 55os4 Tel' 651206.0350 E-: clay4augtgagrnail.ccu May 25, 2055 A2.2 North Elevation Az.3.'' Scale• 1r8" = 1'-0" CCLAYBAUGH PRESERVATION ARCHITECTURE INC 361 West Government Street Taylors Falls. MN 55064 Tel: 551.206.0800 E-: daybaugh7dgmail.cpm May 25, 2015 A 2.3 Restore window openings Alternative 1 North Elevation Scale: 1!8" = 1'-4" Roll -up door in existing opening Alternative 2 North Elevation Scale: 1/8"= 1'-0" A3 2 Building Section Scale- 118" = 1-0" • EPDM membrane over coverboard & 4' i3d Insulation 4" concrete slab over 2" rigid insulation. In}illed opening to remain New window in existing opening 2M1-0" 1 Floor Plan A3 Scale: 1/8" = 1'-4" NORTH Budding footprint- 578 sf Insider kw Brea- 441 st CCLAYSAUGH PRESERVATION ARCHITECTURE MC 361 West Government Street Taylors Falls. MN 55084 Tel: 851-206.0980 E-: claybaugh7@gmail cam May 25, 2015 A3, Structural Analysis Shoddy Mill and Warehouse Re -use Study Stillwater, MN Purpose On January 27, 2015 I visited the Shoddy Mill and Warehouse in Stillwater, MN. The purpose of my investigation was to assess the existing condition, identify apparent distress or structural concerns, and gather sufficient information to comment on the upper floor capacity of the Warehouse. Background • The Shoddy Mill and Warehouse were recently relocated from a previous location to the current site. • The Warehouse is a wood -framed structure roughly 28 feet (north -south) by 60 feet (east -west). • The Warehouse has an upper floor and a gabled roof with a center ridge running the long direction. • The Mil is a 27'-6" (east -west) by 21'-0" (north -south) stone -walled structure with a mono -sloped roof (high end north). • A new foundation was installed at the current site for both structures. Observations and Recommendations Warehouse • There are two interior columns in the lower level, one in the center, and one at the easterly quarterly point. There once was a column at the westerly quarter point, but it was cut off at some point in time, and replaced with a steel rod suspension system. It appears that an original rod failed, and was replaced with the current strapping system. There is a significant sag in the beam suspended by steel rods. The column at the vesterly quarter point should be reinstalled on a new foundation, and the rod system should be removed. • When moved, rotten portions of wood studs were cut off the bottom and new partial length studs were lapped with and nailed to the original solid stud material that remained. The 2x6 lumber lapped with and fastened to the existing studs appears somewhat random and not designed. I recommend that the studs he reinforced with full height studs. LSEngineers, Inc. — 234 North Main Street — Le Sueur, MN 56058 — (507) 665-6255 Shoddy Mill and Warehouse Stillwater, MN May 5, 2015 Page 2 ■ The window openings in the upper level are not original, and the framing around openings was not properly addressed when installed (see Photo 1). I recommend that jamb studs and lintels be installed where required around the windows. ■ There is rot on the roof framing and upper floor framing. In some locations roof rot extends into wall top plate and wall studs and siding (see Photos 2 and 3). All rotten materials should be replaced in kind. LSEngineers, Inc. — 234 North Main Street — Le Sueur, MN 56058 — (507) 665-6255 Shoddy Mill and Warehouse Stillwater, MN Photo 2 — Roof and Wall Rot Photo 3 — Rotten Roof Framing May 5,2015 Page 3 LSEngineers, Inc, — 234 North Main Street — Le Sueur, MN 56058 — (507) 665-6255 Shoddy Mill and Warehouse Stillwater, MN May 5, 2015 Page 4 Shoddy Mill • The stone Mill was stabilized when relocated. • Mortar generally appears to be sound and performing. • The center roof beam was replaced, and it also appears to be sound and performing. Floor Capacity of Warehouse Once the columns and rotten framing are replaced as recommended, the floor will have a live load capacity of about 20 pounds per square foot (psf). This capacity is satisfactory for unoccupied attic space, but it is not suitable for occupancy. A 40 psf live load capacity could be achieved by installing additional beams below the existing beams, and by adding joists between existing joists at 4%0" on center (every other joist space). Limitations The opinions stated in this report are based on limited visual observations of the structure only and there is no claim, either stated or implied, that all conditions were observed. No physical testing was performed and no calculations have been made to determine the adequacy of the structural system or its compliance with accepted building code requirements. This report does not warrant the original design of the building. Certification I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Prgfcssional Engineer under the laws of the state of Minnesota. Signature ) 'I Eugene M. Dwyer, F.E. Date: May 5, 2015 License Number: 19951 LSEngineers, Inc. — 234 North Main Street — Le Sueur, MN 56058 — (507) 665-6255 Cost Estimates CONHDEN"N PAL -- NOT B F DPS V AI UTDON (t4eparedbyand P7oparlyalPPM, Inc) Construction Cost Budget Estimate: Project Name: Shoddy Mill & Warehouse Re -Use Study Location: Itillwater, MN Prujeel Planar: Preliminary Concept Phase Date Pr par ed: Tuesday, 4August 2015 Srmmtttary ofCante►:ls: Docu►rents Provided Assumptions & Qualifications Proposed Construction Schedule Construction Cost Escalation Assumption CS1 Dirision Cost Summary Gross Area Summary Take -[?,"Breakdown PPM Professional Project Management PPM Client: Claybaugh Preservation Architecture, Inc. PPM Client Corded: Robcn Claybaugh Client Commission No.: tbd Arch 1 Engineer: tbd A 1 E Contact: tbd A 1 E Commission No.: tbd Prepared BY: Number of Pages: PPM Project No.: Douglas L. Holmberg PE/CPE Pages 1 - 10 1521,103.ch.11.4. T5 President, PPM, Inc. Prolessional Project Management, Inc. 7855 East Shore Drive St. Paul, MN 55109 01491S-40O0 fax: (551) 774-0935 d augppm f gn lad-com Prepared fly and Property oh PPM. Inc. 1858 Pas! Shores Drive, 51- Paul. MN 55109 (612) 919-4000 f: (651) 774.0935 ® PPM Inc. 2015 1 of 10 CONFIDENTIAL-- NOT FOR IDMIRBUT° Plr,.paredbyand P :0WaPPM,km1 Construction Cost Budget Estimate: Preliminary Concept Phase Project Name: Shoddy MBI & Ws house Re -Use Study Project Location: Stillwater. MN Date: Toe, 4 Aug 2015 Arch /Engineer: rbd A / E Co n nls&an Pia: zo Prepared by: Professional Project Management, Inc. [)ouy Hoimnerg, PE IC -PE (612) 919.4000 PPM Project No.: 1527.123.ch.8.4.15 CSI Division Description Remarks Ouanllly Llnl! 1 ni! ['u+I Sulam:it CS1 Division Sub•7btel Aasumpllons a Ouelilcedons: 1. ThEi Bud Eellmxle In based em II a !ulloennrl. Documents Recwvgg: Dein Racelveo: Drawings' end report received 6n4115 P10166 4d Corwltupion Schedule: To Be Deferimined - Allowance included Date uF this Budget Examen he, 4Aug 2015 Bid Opening: 777/20/6 Award Contort Fri, 1 Apr 2016 Slaty Construction: Sun, 1 May 2016 Construction Duration {months): 6 Complete Construction: Fri. 26 Oct 2016 Construction Midpoint: Sal.30 Jul 2016 Duration from Budget Estimate date to Conslruc5on Midpoint (inn): 12.0 Construction Cost Escalation Rate par month = 0.56% Construction Cost Escalation Rate per 12 month period = 7.0% Construction Cost Escalation: from Budget Estimate date to Construction Midpoint = 7.02% p.cornea Vp_dalee: EBtanate Utrdele Re.: 1527.10t.ch.6.30.15 1527. 102.ch.1 f. 15 1527 161rh 1415 nob of ua-ogle. Tue. 30 Jun 2015 Wed. 1 Jul 20}5 Tic 4 Aug 20t 5 © PPM inc. 2015 2 of tC 100: Arch 1 Engineer: fad A 1 E Contact: Ibd A 1 E Commission No.: Itxi NTP issued by : lad Date NTP Issued: Ibd 4. Ayarumpilima: 1 Gorrwal Cionwda the fallu_ sfs- x Bond caste {a applicable] x Insurance costs x Buading Permit cosh 2. Contrecj Method. Public Bid 1 Firm Fixed Price x lnvitalion To Bid selection process Cost Plus a Parsentage Basis Contract Agreement Negotiated GMP 3. La¢pr Re ulements• x Prevailing Wage / Davis Bacon AGC Union Wage Agreement Right To Work / Non -Union 4. _ NOTE: Thelodeiving.Cosy are NO nicer dad. 1. Contaminated Soil ABelemenl/ Remedietion 2. liarerd7ee Materiel Abatement./ Remediedion 3. Solis Correct/on 4.51re Work PrpRred by en¢ Property ol.• PPM, 4 1858 @asr Shore Drive, Sr. Paul, MN 55102 (612) 9194000 1: (651) 774.0235 0 • NFi[ ENT AL- *7 FOR DEISTRIMMON {PFaplied*and Poverty dPPM.Ina) CSI Division. Description Remarks Quantity I Unit Unit Cost Rebtotai CSI Division Sob -Total 6. 'Bid Rink Factor' accessed be retWedinq Bidders: Subjective impact Factor - Old Documents On norw, lapb5srbte. moderato 3vhi0h Subiactike +% &d Facto/ BldablIHy Q Q.00% Add / Deduct Alternates Well coordinated documents Multiple & consistent redundant key noleS Throughout plans Limited use of Construction Detail Books Non -applicable details all deleted or sirickan to Limit confusion Construction Phases clearly identified Usa at'color coded Ibias' to differentiate materials Use al 3-D images to convey design intent Use of photos wl superimposed notes and graphics to convey design intent Reasonable / Unreasonable Bid Penod Slow l Busy Bid Day l Week Conatructeblfhy 0 0.00% New Construction Green Field atom Field Renovation 1 Expansion Unforeseen Condilons Construction Defecls Repairs Unforeseen Conditions Multiple Construction Phases Multiple Governing Agencies Occupied Facility Special / Security check -point entry Salely, noise, dual, vibration, etc. management Protection 1 security of occupant FF&E Type dt Project Design -Build 0 0.009E Plan & Spec Typo of Contrncl Delivery Aublic 1 Hard Rld General Contract D 0.00% Negotiated GMP CM/CMAA Coat Plus Time & Material owner Private 0 0.00% Public Bid invited Bfd Acceptable Bid Requirements Acceptable Paperwork Acceptable Change Order Process Acceptable Payment Duration OVA 1 Public Works 0 0.00% Multiple Governing Agencies Federal I State l Local Voluminous Bid Requirements Voluminous Paperwork Questionable CO Process Questionable Payment Duration Piojcct Merfegement. Owner / A-E Project Management Team 0 0.00% Known entity w/ perceived positive abilities and style Known entity w/ negative hear -say abilities and style Unknown entity wl no record Pofenfla/ Cost Impact to overall project success: 0 Q.00% Awl p!re f Sy and Pm➢ gy of: PPM Ina t659 East Shore Dave, St. Paul, MN 55109 (612) 919-4000 (: 1651 J 774-0935 v:• P'P'.M tnc. 2315 5 0.r !❑ CONFIDENTIAL— NOT FO DIISTPIIBUTION (mewed by and + f MM. kw) CS] Division CS1 Division Description Remarks Quantity _ Ilnil L:nil Cnsi Suhlolrl Suh•TOiHI Construction Cost Budget Estimate: Preliminary Concept Phase Mal 02000 SIFEWORK& DEMOLITION %ofToro) DroctCOS) = $.if% ColiP.2SF - S828 525.387.50 03000 CONCRETE Coo Pcl SF . 52.57 $10,426.50 04000 MASONRY Cow Fv. SF • 52.54 510.697.00 05000 METALS Goo Poi Sr. Saco 50.00 08000 WOOD & PLASTICS Crowe. • 5234r 595,196,30 07000 THERMAL Coat Pot SF • 58.58 534)796.05 08000 DOORS, WINDOWS & GLASS Cm1PW SF - 5814 533,000.00 09000 FINISHES Cos1PeiSF = Si183 S47,972,00 10000 SPECIALTIES Cast Po. SF . S038 51,550,00 11000 EQUIPMENT Cast Apr 5F . so 00 $0.00 12000 FURNISHINGS CaarPer SF • 5a.00 $0,00 13000 SPECIAL CONSTRUCTION cmr PI- SF = S0.0o S0.00 14000 CONVEYING SYSTEMS CosrPer SF = $0.00 50.00 15000 MECHANICAL % of Torat Dx8cl Costa 24.27% COP Per SF = 524 88 5100 933.00 16000 ELECTRICAL % of Tom/Moor Cost 13.43% Cost Pot SF = 513 77 $55,853.70 -_ TOTAL DIRECT COST Cast Per SF = $102.52 Total Mee Corp w/ out Sllework = 5390,424, 55 Gross Square Fool Area $415,812,05 4,055 Dodjcr Sales Tax !Reduction = Total 0 rocr Goer x 409= (Ma)eriair) x D??9%) S=blora+= 50.40 S415,812.05 w' out Slreworrr: General Conditions = 15% sgoe4 474_375 OH & Protlt {GC 1 CM 1 CMAR Fee) = 6,0% z4t48.3. SOP, COO Cast Per Square Foof = $124.97 NOTE: +nividM, ia+rwnrk = Cosi Pa Squaw Fool',Non7 Scu.,x.'k-_ swlolat= Wl Ovt CaNingenc4 S 1 = $124.97 $123.97 $52371.81 5478.183.66 $28,891.03 $506,674.89 Design Contingency = 12% Total Construction Budget as of: ted $139.97 S00,824.99 5567,898.88 Cost Per SQUB.e Fool Ow' opston Contingency) = Construol on Cosl €scalahorr = 7.02% To the Midpoiru daft ofConauuotbn of Sat, 30 Jul 2018 Occupied Facility FactorI Contingency= 0.00% Assumes imnoaded iabw producitviy due to oavp:al hang wnrs Bering uxrsmx.7mn "Bid Risk Factor" accessed by responding Bidders = 0.00% Sublorar. 3ublokk = SuNotsr- $39,049.38 $607,549.25 =12 $607,549.25 $0.00 $607,549.25 TOTAL CONSTRUCTION BUDGET 5607,549.25 as of laid Payer:: 77?l2015 Thinxon=r Cat Pr Stamm !ahtetpreoc Nce7 MI ar d I1id ['Pr- 149.790249A Construction Contingency: 0% NOT Inc4ded, Ov Ownru PPM ram mmwrus 3-. to 5•. $0.00 TOTAL CONSTRUCTION BUDGET Projected fo Completion Date of Fri, 28 Oct 2016 Total Construction Cost par SF= $149.79 SOZ,5,49..25 TOTAL DIRECT COST SUMMARY: PPM Inc. 20 )5 4o114 Pa:jawed Wand Property al: PPM, Inc 1858 Ease Shore Drive, St. Paul, MN 55109 (612) 9194000 ): (551) 774-0935 CONFIDENTIAL NOT FON DISTRIBUTION (Pr ed by and PrGperty of PPM Aaa) CSI Otrls1o111 Description Remarks Qusntlty Unit Cost Subtotal CSI DiyIsbm Sub-TMaI Quantity Take -Off General Information Summery el_Bullding Type, Structural System to, Materials, generaI Mechanical & Electrical Systems: Construction Type: Renoralion Existing Site: 2 Ex:enrg Brrllmrgs Existing Building: ros Project Phased No Multiple Buildings: res Pruden' prolecfion of existing finishes: ros Construction Working Hours: Ted Noise Reslriclions: TBo craw Area Summary} PPM the Ma n5ur fsauarefeet Shoddy Mir 576 Warehouse Level-1 1,732 Warehouse Lave)-2 1,739 Subtotal Meet L.vol. 4,056 Bwith n� 70101 Gret e_Area = 4,056 02000 SITEWORK & DEMOLITION I1I111 0,.. a Soddy Ma ❑erne E .x5np Rao1 a reelearre 726 52 's] 51.462.00 Pout Como 575 55 57 $2.890-00 Wa,ora Coma vexed 6. Mate Roar -I 2,254 _•I 52.00 54.506.50 Dome Interior • cpnplete Levet 1 Illy 1,739 ;I 58.00 513,912.00 Carve Ot-t Coon 1 ea 5200.00 $290.00 Demo Weal E on (Wenn, mnnows 18 ea $100.00 Si,500.00 Nee Soum ExwuLan endow opcmrp 1 a110w 9500.00 5500.00 Demo Sown Elevation Door 1 ca $12540 $125 00• Dare wow 0Mmg debt _ 1 Ee 5200.00 ~ $200.00 1111 SITE UTILITIES NOT INCLUDE') SITEWORK N T INCLUDED Sublevel Slh OamoNIMn & Clearing . 525,91)7.50 NOTE: The Following Coll. am NOT etcfeee r: t. Contaminated Self Abatement IHemearellon ea 50.00 50.00 2. Hazardous MaleNer Abatement, Remec0ollor, en 5E 00 50.00 3- Satre co alien ea 30-30 50.g0 Subtotal Div-2: Slrework & Demollrion S25,367.50 PPM Inc. 2015 5 a110 Prepared Si, eiielatedy R: FPM,-Inc. 1858 East Shore Drive, Sr. Paul, MN 55109 {612) 9104000 r (6511774.0955 CONF DENT AL -- NOT F R D STRB UT ON (Mewed by adPave*ofPPAR .) CS t Division, Dmeriplfun Remarks Quanlity I tlnh _ Unit Cost Subtotal CS1 Division Soh= I:nal 03000 CONCRETE 5.1„..05 05 6rad2 III 5004y 0.10 578 51 54 50 52,601 00 110015000-50 1,739 st 54 50 $7.625 50 Subtotal Diy-3: Concrete $10,426.50 1 ll f I IT N000 MASONRY 1 1 1 2,874 pavanReslaah0n - Snit Aue liwd,rq tuck•poMulg 01 Ea.sung Aiasonry 5! 54 00 $10,697 00 Subtotal Div-4: Masonr S10.68720 I IIIIII 1 I I 1 05000 METALS Gross 80,14000 Area = 4A541.00 brass Roo! Aran = 0 40 Subtotal Dlv-5: Metals 50.00 06000 WOOD & PLASTICS I1111 Auawnnco 00000 an.+roas $1, NOD eras 4,056 51 s0.a0 51.216 60 60cimg d 61odw1g 11111 1 41/100(044 2,254 51 $12.00 527.051.00 ttnw Cedar ROOT $2.00 54-508.50 51020001,0 1 Wsnihouso 2,254 51 hop18w 56% 2,176 51 512 00 $26.112.00 _ wow E.mrra UrKki ang no v 1- 10- 0w sh0am 05 anelr an waronouso 200 IOnn naowonrn 0 OlIaw 51,500.00 $0.00 i I _ _I r,1 rr.rl. I- 1 LS $25,000.00 525.000.00 ,.cal ocean wax par LSE !ppon I nc02 c.at.rq wood mllmms 1 LS $10.000.(10 510,000.00 �or 111 --Liallii r fac.11ifi ' 1•.0'. west Ccuar Vomeod *cod S005)1 ikil 109 It $12.00 51,30800 I r , Subtotal Dlv-6: Woods 8 Plastics$95,196.30 1 111111 1 1 1 1 1 07000 THERMAL 11111I T fLyi{Ce kuulatlo0 n- ffrpir Or Irus 50Q 576 sl — 58.50 $1,445.00 $4.347.50 7' itgll a1 We+orrous0 5QG 1,739 51 52 50 3" 11.0.0 At warahoufo fool 2,254 sl $3 00 56.762.75 a- rl.k0 e1 Mai Door 726 51 54.00 52.604.00' Tian !newsmen n Iero1.1 wlni a8 Warehouse 2,160 sl $2.00 54-320-00 - ban irr.a.g1.0500 in n00 rjoisis 1,738 sf $2.00 53.470.60 I TiLligliaigai . Full Adhered 5.4 Zlorr AwoLng Or M,1I — 726 st 512.00 56.712.00 +[! 1 l SuBlvref EPaM Aoollnp. fdit�t�E I I F! 1 Przperac6y and Property of z'wtd; #1c. ® PPM ay. 2015 6of10 1858 F$$t Shore Chive, SI. F .u0,, MN 55109 (612) 9194000 1: (65 ) 774.0935 CONFIDENTIAL - NOT FOR DISTRIBUTION (Prop red by and Property or F PM, !no) Il'tii Cli. iniu Description kentarks Quantity Sublolal CSl Division Sub-Talal 1 L ar.n-,n Gunws -- 121 S20.00 52.420.80 �00.00 cult 4 • •. 3100.00 5400.00 Subtotal Div-7. Thermal 334,793.05 1 1 06000 Doors, Windows & Glass S1aSy13111 n71 rJer. 26 W0o W�ndaw lner1ew90poning 1 0e 3000-00 _ 3800.00 51.206.00 $1.20016 �1 v.Nw door 1 ea r:uw B non ow,ap or 1 oa 53,000 00 53,000.00 86x ro v 01 ovSlais 001341.nt 2 loc $560.00 S1,0110.60 , 1 F F 1 Waflbdnn Oaanlnaa Now Wass Ekvabop W rsows 5 era 3000 00 54,000.00 How s0vm Elevation Wi000we 6 88 3900.06� 54.600.00 Nero 81040 E1ays844 Ww+dows 4 as 5300.00 53,200.00 !Jove Elyl El0v4nna Wem0#$ 1 oe $600-00 560a-00 Now Erlornx Doan 3 08 31,200 00 33.600.00 Now Wdad Glass Doors 2 ea 63.200-06 66,40330 4 08 SB00 00 54%.200.00 New Soo L,orrce 8.1,st 00pav 01 610100 0000 00015 1 allow 51,00000 51,400.00 1 1 Subtotal Div -El: Doors. Windows & Glass S33,900.00 I I 1 1 I II 1 1 1 I 09000 Finishes ,1 — 576 s1 54.00 S2.312.00 .'+,:,+v1r M•II M:SC Finis20s 526.00 534,780.00 rr. 'c'.ouso Lovo11 1000.01Budd-0w 1,739 sl i • -ne E Pmn1 Walolnso Edina. 4,352 s1 32.50 310,600.00 I Subtotal Dlv-9: Finishes 347,972.00 1 111111 1 I I I 10000 SPECIALTIES 1 1I IL•,:,,1 & 826A ACCassorss M..s r`T 1 r 2 08 550.00 ` 3100.00 n Haar 2 as 555.00 R 5110.00 PLC Gran Bass 2 Ws 3350 00 3700.00. SeO�bropans& 2 ea 555.06 $150.00 Town: D.spensor 8 a•sposal 2 08 t 5105 D0 S370.00 Sanilory No j.n Lrspoaal 1 ea 560.00 360.00 Sw•nlo y 61 l n Dappnsa• 1 64 580.00 330.0D � Ir Subtotal Div-10: Specialties 11000 EQUIPMENT } 51-550.00 I III naanon EIpmcn• NOT Inc!u-mo. by Grner r:1 :q 0:1 :!i Ulr Subtotal Div-11: Equipment _ SAGO 1 1111i11 I 1 I 1 4a PPM Inc- 2615 am, 10 Prepared ByRad Properly al: PPM, Inc. 1358 East Shore Drive, Sl- Paul, MN 55109 (8131 919-4000 1. (651) 774.0935 CONHOLNTIAL NET FOR DISTR11 UTDO (Prepared :wand iYnpv*0PPR Thai CFI Divkion Description Remarks Quantity Unit Unit Cost Subtotal CS1 Dirislon Sub -Total 12000 FURNISHINGS 1 II1IM1 Suhlofe!Oh-l2: Furnlshlime 50.0 13000 SPECIAL CONSTRUCTION Sublaral Div-13: Special Construction S0.00 14000 CONVEYING SYSTEMS I-1 Subroral01v-14: Conveying Systems I nllli 50.00 15000 MECHANICAL 7 613,313d. ,ip Noo_-:.0:690 \HVAC y r J r Side F.*sl Floor $nodny WI 4Anc rnathon col 575 sr 52.00 $1,156.00 Wszenvyce Laval k6l- 1,739 sr $12.00 520,858.00 Woonveuev a Loe2 c mocnan�f 1,739 _ Si 50.00 $0.00 i Subtotal Alr Side. 521,714.Od COW SF. S5. 3 Viol Side _ Frr r Rber Shoddy 1.110 578 sr 50.00 50.09 Warena-J9n L0Wl•1 1,739 sr 5090 $f 6.95100 50.00 50.00 W3.1110750 Lac8I'7 1,739 of Subtotal We Stria. SI5,651.30 Cssr/SF= fai7.2731r 55,000.00' \aainor 11n,r tivcrar5l arno IU566 Rodman 5I15oon[a t ea 35,000.00 Plum5lna I I I polio Sass 1r Cvnparlrnvm 1 oa 5500.00 $800.00 gLavol rie.T r Vmppu6Cnir.5.610T.nyn[ 2 ea S45000 MOM - Molar CIOSSIS 2 ea 5700.00 $1.400.00 I 1( 13c49n. to S C.0,-;'rvcieo la Hero* A 33.000le 5d.500 pot ban 5 bb 54,006.00 S20,900.00 Surooror Punkin.). Sze t>n0r90 Prwr ors CosrisF 4 S64505610, liydronica trncrudoo in HVAC'WoI 51do'I nnuocu Abover ea 30.00 50.00 1 1111 Fin P,alecllon r Sprinkrar Spawn S3.50 512,173.00 rNow Lod or Now Adoison Carpus, iron pool 3,478 si Subtotal Sprrnklor. Sr1,17]tO0 1 T rrrfVElurs CeTmrdl >S00 Conlror Syalam fusr Fe0or I ShasOy M.II 578 61 51.00 $575.00 53.00 55.217.875 Wore Fouso Lordr 1,739 sl Warehouse LLevel•2 1,739 sl 50.00 50.00 I Subtotal rompnratvre CoNrcN = 45.Y95 00 I / II I - ..................-...........,.....-........., ...... .-- - 0 PPM inc 2015 8011❑ 1858 Est:, Snore Drive, S1. Feu!, it4N 55109 (812) 919.4000 f: 085 j 774-0935 CONRIDENT AL -- NOT FOR D STFBC UT (Prepared by and Property ay PPM, Inc.) CSI OvlspnE Description Remarko, Quantity Unit Unit Cost Subtotal CSI Division Sub -Total In -Floor Radian Healing Syslom 7,739 sl 510.00 517,390.00 II1L,- h1 scE ea 50 00 50-00 furpmsnl I /ConlmisslI � Subtotal Cammla fanlnp. S17,390.00 1s1isc 1A4d1once7 Allsminps ,-a 5:? Cr, 00.00 111111 Subtotal 121v-15: Mechanical $109,1333.00 Tela! Mertranlca! Cc 0 f = S24-311 m, al To!el ConalrICIlor 8udgal . iG.61 5 111111 I 1 1 1 I 1 16000 ELECTRICAL 1 0.os s 8.h:0 ,1 loop . 4.1n300 COm late Erect:Idol Milo S sv1CO: Z,S00 Ar5p, 777HDOV, Throe phsae, POOP Wire DN614uUM] ,rru Floor I Shud0r Mil 578 SB.00 $a,624.00 W s9suee Lsssl.1'Oh 1,739 ,. 552.00 52a,B86.a0 reltQl!'.�Q LQYQ� 2 1,935 ..I $4.00 $6.958.00 I 111 rCom 1ply EledHul Savlce A 015I.Ihui101f (Mato 5mvrca: 2300 Rmp, 277M00V, Throe Phase, Fan. WHO cisrnaubon) (prslrinuhnn ' Ugh 1 First Flea Stlnany • Milt 578 54.00 52,312.00 Wreohawe Lovell 1,739 55.00 510,4S4,bb 'Wardroom Lesol.2 m.sc 1gnfin9 0l un,6m9hadsp.c 1.739 .I n 00 50.00 srlbreraf Lfph flop+ S12.746.00 Cost/SF. $3.14 Closed Clrcuh TV 9acwll Spasm/ Closed Circuit TV .Nld o Survollianco - _ first Floor 1 Shoddy 1.41I 579 sr S 1 00 3578.00 Womhodte fool-1 1,730 sf 5100 S1,739.00 Wprylouso Lav4l2 1.739 sl S0 00 30 00 S.44,401 Sacurlly syoIw./CC7v= 52,917.46 Coal SF = $0-57 PubriC 7lddrOgArta*Cnln System c.pnpdull ilw.gh_In onlyilf IF,rel Flaw - -- SnoedyMal 570 sr $000 80.00 :Mae:S wusa Loul•1 1,739 __ sl 50.00 - - 50 00 r..11e1xnn0 Lavpl:: 1,739 sr 50 00 90.00 Snbrnml Ptrb0Ckddrepp/Mlercam Sy. rom. SD.01 Csol/SF= $0.00 Isis I,ono.0piaiTV Sysinm _ 0prr.cull Rpugn•In onlylll cl clwr I Shoddy MiEI 578 51 31.00 5578.00 Wareho.isn laral-1 1,739 si $1.00 51.739.d0 lvsrrlausd to.ol.2 1,739 sr 50.00 F 50.00 r Sumo(..! 7eraphntte d bora Syemrn. 5$317.00 Coat/SF. 54. S7 Cet^: • T Ieelupn SOentstiCondsit a Cab Iingl ,...t ley 1 Shoddy Mill 578 5f 50.00 $9.:10 30.00 SO 00 WArvhduSQ Loral-1 1,738 sf IIo h11Wplover-2 1,739 sr 50.00 80.00 _ 1 1.1 F 1. - - 1 - - ® PPM Inc. 2015 9 of 10 1558 Eas Share Drive, 51. Paul, MN 55109 (672.1919-4000 is (65 j 774.0935 CONFIDENTIAL i[AL - [ICI [,_.OR CABS T RIBS 11r ION[ (PrePerodbyand Properly of PPM ire) CS1 Masts I.11wt•rielirm Rr•nlark5 Ifi:;tn[i[I Unit Cost Subtotal CSI Division Sub -Total Soaredt clw. tratWalan Syrian - Sa00 Coo /SF= ❑ Lite Seely: Fire Alarm & Smoke Detection Addroesebia Analog Syalam fa$r Floor 578 51 $1.20 $893.60 Shoddy WI 1.739 si $120 S2,068.80 _ warohousvleral-t 1 .739 s1 3120 $2,085.80 wnrer..urn i hvN•t! Subtotal F!re Alarm 8 Smoke batsman Syeiem = 54•867-20 Coll ISF- $1.21? inform Iron Tee ner0�yl Do unoee Systems TOTAL !1 System = 5❑ 00 COST ISF= rorVPI /Eixide:0 Service Use leinehowee pal Fiore _ 578 sr $0.50 5289 00 Shoddy Ha 7.739 51 0-50 $8G9.50 Warenana Lave' + 1,739 sr $0-00 $000 \Nrabouseimr.:• • SuWar al Div-15: Electrical $55,1153.70 Toler Etrcarlsei Cvsl/af = 51'9.77 w Of TO te!ConefrucI!An Hudgei= 9.19% 4 Alternates: NO Included In Budfat Estlmarellt REM.s_Nq IHCL. uo8Qw euom emmA?E: 1. Items specifically not listed above but not limited to the following: a Design Contingency to ba determined by Architect & Owner 3, Consiruclion Contingency to ba determined by Archrlecl & Owner 4- Design Fees 5 Consultant Reimbursables 6 Owner Provided [terns 7 Owner Soft Costs 8. Furniture NOTE: Professional Project Management, Inc. cannot and does not warrant or represent the accuracy of tile budget estimate. The above mate rlais Including budget estimate format and budget cost information have been developed by Professional Project Management, Inc. All rights are reserved and no part of this document may be reproduced and/or distributed without the express permission In writing of Professional Project Management, Inc. Pmpamd Hy And Prppprfy 9 PPM, Inc 1858 East Shore Drive. St. Paul, MN 55109 (612) 919.4000 1--- (651) 774.0905 P PPM Inc. 2015 10 or 10 Financial Analysis (ZI4E. DCN,J E K 1'iihlir 1:inance, Project 114ana ,emcnt. Policy BERGSTEIN SHODDY MILL REUSE STUDYDraft Text May 27, 2015 ,eon C:omrnery, Principal 22288 University Avcnur West Saint Paul, MN 55114 ph G51.645.4644 w vw.dorajr Reuse of the Bergstein Shoddy Mi]1 will be made sustainable by a deliberate, long-term funding strategy. Capital funding is required for rehabilitation of one or both of the structures, and for modest repair and replacement of the buildings over time. Operating support, likely through a combination of earned revenues, City funds and contributions from partnering organisations, will allow for the mill to contribute to the economic and civic vitality of Stillwater. Funding Rehabilitation Assembling the resources required to elevate the mill buildings from their current state, into fully functional structures for seasonal or year-round use, is likely to draw on multiple funding sources. As the owner and lead partner of the mill buildings, the City of Stillwater is well positioned to coordinate the raising of capital for rehabilitation. Prospective sources include the following, • City Bonds: The City manages a bond portfolio to fund general government investments, street improvements, redevelopment through tax increment financing, and other priorities. The outstanding principal of bonds owed by the City has been declining over the last ten years. The City is authorized to fund all or part of historic rehabilitation projects such as the mill buildings, as a portion of their issuance and repayment of municipal bonds. An advantage to this source is that the investment can be amortized over time. • Park/Trail Dedication Fund; The City operates a fund that supports capital outlay for City parks, using park/trail dedication fees paid by developers of parcels in Stillwater. At the end of 2013, this account had grown to exceed $300,000, and may provide a source for historic rehabilitation in the City's Bridge Park area. • Philanthropy: Philanthropic partners including the St. Croix Valley Foundation and its affiliate Stillwater Foundation, may assist the campaign to raise capital for rehabilitation, through grant making and/or sponsorship of a capital raising initiative for the mill structures. Foundation leaders expect growth in local philanthropy in the coming years. • Minnesota Historical and Cultural Heritage Grants: Given the mill structures are listed on the National Register of Historic Places, these grants funded through the Legacy program could finance work on exterior building preservation, building accessibility, and interior systems, While not eligible for remodeling or modernization of the structures, these grant funds could comprise a portion of the project's capital structure. • State Capital Project Grants -In -Aid: Local governments are eligible applicants for grants, on a 1:1 matching basis, to finance historic preservation construction projects at publicly owned sites. • Private Lending: Rehabilitation may also be funded by construction debt, subsequently consolidated into a long-term mortgage on the property. ■ In -Kind Contributions: Materials, labor and expertise can be contributed by individuals, organizations or businesses to the project, adding to the capital resource available for rehabilitation. Building materials such as windows are examples of material often contributed at cost or on a donated basis. • Minnesota State Bonds; In addition to the grants-in-aid described above, the State funds public assets deemed to have statewide significance, typically through capital investment legislation approved every ether year. The nature of the historic significance of the mill buildings, and eligibility for designation on the National Register of Historic Places, may strengthen a City proposal for state support. Funding Operations and Maintenance Ongoing operations and upkeep of the mill buildings, once reuse has commenced, is also a critical consideration for their viability. A combination of earned revenue and partner support will need to cover operating expenses and regular deposits to a replacement and reserve account' Prospective sources for these uses include: • Earned Revenue: Revenues from concessions, bicycle storage and parking facilities, food service or dock access can support the financial viability of the site and its offerings. interest by local businesses in operating these concessions can provide a valuable partnership opportunity. + Lodging Tax: The City established a lodging tax within the last ten years, to provide a funding stream to support the attraction of tourism and convention business. In 2013, the tax raised $170,000 for these purposes, a figure that has steadily increased since its initial collection in 2008. • Park Maintenance Fund; In addition to the park/trail dedication revenues noted above, the City collects fees from investors in property to reflect the need for park assets nearby. In 2013 no deposits or expenditures are noted for this fund, but is balance of $144,000 could provide for targeted investment in the mill site as a park asset of citywide interest. An industry standard guideline of a deposit to a replacement and reserve account of 3.00% of total value, would amount to $9,000-$2 5,00] pet year. These funds are escrowed for repair needs to the exterior, interior, and roof structures. List of interviewees PEOPLE INTERVIEWED Intensive personal interviews with local officials, business leaders, civic leaders, recreational and environmental advocates, members of the arts and non-profit community, agency representatives, and ordinary citizens were a primary source of information for the Bergstein Shoddy Mill Reuse Study. Team members conducted on - site interviews with more than forty people during the course of the study. Bobby, Amy, Brian Anderson St Croix Boat & Packet Craig Beemer Oasis Cafe Todd Clarkowski MnDOT-St. Croix River Crossing Coordinator Paul Creager Teacher/Film and Music Festivals Mark Desch Downtown Revitalization Committee Kate Dietrick University Of Minnesota -Upper Midwest Jewish Archives Chuck Dougherty Discover Stillwater/Water Street Inn Jenna Fletcher Planning Commission Diane Hedeen DNR-William O'Brien State Park Sherri Hopfe independent Business Association Renee Hutter-Barnes MnDOT Cultural Resources Ted Kozlowski Mayor Brandon Lamb Downtown Revitalization Committee 1 Bergstein Shoddy Mill Reuse Study Brian Larson Heritage Preservation Commission Tom Lynum Discover Stillwater/B&B owner Andy Mahn Downtown Revitalization Committee Tom McCarty City Administrator Doug Menikheim City Council Jonathan Moore National Park Service Tim Moore Public Works/Parks Randy Moses Chilkoot Velo Aimee Peltier Independent Business Association Brent Peterson Washington County Historical Society Ann Pung-Terwedo DRC/Washington County Planning Linda Radimecky DNR-Brown's Creek, Gateway, and Luce Line Trails Christie Rosckes Discover Stillwater Heather Rutledge Art Reach Cindy Shilts Building Official Bergstein Shoddy Mill Reuse Study Molly Shodeen DNR Hydrology Jackie Sluss MnDOT Cultural Resources Jennifer Sorenson DNR Hydrology Chris Stein National Park Service Jane Stevenson St. Croix Valley Foundation Todd Streeter Greater Stillwater Chamber of Commerce Roger Tomten Downtown Revitalization Committee Bill Turnblad Economic Development Director Louise Watson Transition Stillwater Elizabeth Welty Heritage Preservation Commission Abbi Wittman Planner Bergsteln Shoddy Mill Reuse Study Examples of Similar Projects EXAMPLES of SIMILAR PROJECTS The Depot Coffee House Hopkins, MN Located at the junction of several regional bike trails in Hopkins, the Depot Coffee House is operated by a non-profit organization. The facility provides parking for automobiles, and serves both bicyclists and pedestrians. From the website: The Depot is a renovated train depot in Hopkins, Minnesota that now serves as a coffee house, youth community project, and trailhead for area bike trails. It was planned and opened by area students and their allies in 1998 to create a chemically -free environment for teens. The Depot also serves as an important asset to the community by providing students all over the west Metro an opportunity to create their own place to learn, relax, and have fun while directing both a coffee shop and an entertainment venue. http_Jlwww . th e d epotc offeeh ouse. cam Bergstein Shoddy Mill Reuse Study I Freewheel Midtown Bike Center Minneapolis, MN Located along the Midtown Greenway in South Minneapolis, the Freewheel Midtown Bike Center is a popular public -private partnership accessible only by bicycle. From the website: The Freewheel Midtown Bike Center has two large bicycle parking bays as well as bike sales, parts, repairs and rentals_ The bathrooms, chilled drinking water, and showers serve casual and commuting bicyclists. Freewheel Bike does the nuts -and -bolts operations and the Midtown Greenway Coalition focuses on community engagement. With its office down the hall and overlooking the trails, the Coalition can better connect with Greenway users and better engage the Phillips community with the Greenway. http://midtowngreenway.orglabout-the-greenway/bike-center) Bergstein Shoddy Mill 2 Reuse Study Urban Ag Center (Prepared by interviewee) Bergstein Warehouse and Shoddy Mill Reuse as Urban Agricultural Center Limitations: Limited Parking for public and for loading/delivery trucks during event Visibility, wayfinding Opportunities: Connections and visibility to green minded, buy local community using trails (bike, ped...). Opportunity for locally supported, local producers to gain synergy from a centralized downtown identity. Community access to choice real estate for urban agriculture events. Access to rivet -through new public short term small craft dock, controlled by parking meter type fee Vision: Event center for urban agricultural community to promote/celebrate/share/educate community about what they do. A visible city commitment to community driven initiatives surrounding locally produced, environmentally more sustainable, agriculture. Promotion of these choices to a wider audience. A gathering place where ideas are shared about community agriculture much like what historically happened at the town feed store/elevator or general store. How'd it work: PT coordinator/director, public calendar, sign up like you rent a park bldg. Rent includes secure short term storage, publicity coordination to other community calendars -Buy Local, Transition Stillwater, Chamber, Stillwater Current, Local Harvest etc Types of Events/ User Groups: CSA (Communtiy Supported Agriculture) box distribution — different weekday for each farm for the 20+/- summer weeks and some winter share weeks Big River Fresh Earth Farms Foods, Turnip Mhonpaj's Garden Rock, PahI's Fay Freedom Farm Market Eener's La Finca Farm Farm Farm Where Life is Good Threshing Table Farm Treasured Haven Farm Community Homestead CSA farm sign-up event typically late winter, CSA harvest party Aug/ Sept weekend for each farm separately or together Community Garden Plot sign-up weekend day in March — Community Garden member only pot -lucks, growing season weeknight North Hill Community Garden, South Hill Community Garden, Meadowlark Organic Community Garden New Shoddy Mill Community Garden Gardening Classes Stillwater Farm Store -seed potatoes, onion starts, cover crop seeds The Backyard Grocer River Market co-op Small local growers satellite farmers market? Blueberries of Stillwater The Flower Farm Renee's Flower Farm- Live Flowers Local eggs, raised on site eggs Local honey, harvested on site honey Local wine/beer producers release party events, Lift Bridge Brewery Hop Growers Association Maple Island Brewery Northern Vineyards Winery St. Croix Vineyards Agricultural community winter coffees, seed/ideas exchange; like what maybe historically happened at the elevator/feed store wl local baked goods for sale Chilicoot Cafe L'etoile Du Nord Cafe Bread Art Bakery Great Harvest Bakery Local bedding plant sales by garden clubs- May; meeting place for clubs Perennial Garden Club of Stillwater -Trillium, Daylily, Columbine Wild Ones Native Plants Lilies of the Valley Garden Club Ivy Garden Club Pollinator Friendly AIliance, Honey Bee Club of Stillwater Highs school Greenhouse- Andy Weaver 4H Junior Master Gardeners (Stonebridge elementary) Plant pest/disease diagnostic clinic Washington County Master Gardeners U of MN horticultural/entomology departments Ag issues -water quality, buffers: wildlife, pollinators, run-off classesldernos Washington County Conservation District MN Dept. of Ag Pollinator Friendly Alliance U of MN Center for Urban Ecology and Sustainability 4H meeting place (currently no 4H club in Stillwater; Mahtomedi and Baytown Township have clubs) week night year round Minnesota Extension Valley cheese maker/dairy events, weekend Cass Lake Creamery Wedge and Wheel Poultry events, informational meeting, sales of chicks and eggs Backyard Chickens Houle's Farm Store -- DNR ducks, grouse, pheasant fledglings Local Wool/Alpaca producer Events? Dam Knit Anyway Bee events --Extracting demonstration, extracting and bottling space rental (would need permanent equip. storage), Honey Sales, beekeeping classes? Honey Bee Club of Stillwater (300 members in St Croix River Valley) Nature's Nectar Bees Knees Pollinate Minnesota Maple Syrup tapping demo/cooking event Warner Nature Center Carpenter Nature Center William O'brien state park VHW/Lions etc. pancake breakfast tie-in fee event Local Beef/ Pork/Chicken Producer grill out/roast fee event Buffalo - Belwin Nature Center Pasture Raised Beef- guy in Grant Tie-in with local beer sales Foraging, Nut gathering, Mushroom hunting elasslderno fee event MN Mycological society 45 degrees River Market Co-op MN Master Naturalists Preserving, Cheese making, Pickling, Bread Making class /demo Our Community Kitchen Cooks of Crocus Hill fee event Valley Outreach Living Healthy in Washington County stcroixriverfishing.corn letsgofishingstillwater_com Buy local catered farm style dinner location, fee event Foodies on Foot Fishing? Fish cleaning house? Fish fry fee event? City/state parks Distribution spot Fare for All Bountiful Baskets Ag type permit applications for city -bee, chicken, city community garden plots, Summer Tuesday Market vendors?, Fanners Market vendors? Info packets; fielding requests, questions Application processing Program needs: Loading dock for kegs, honey supers, CSA boxes ... Commercial catering kitchen or better, coffee maker, dishwasher, walk-in fridge Secured storage w/1 8 hr access for renting organization Bathroom Office for coordinator/director Solar/Photovoltaic array? Liquor license Wifi, projection system, sound systern inside for classes Rolling indoor/outdoor service counters/bar Indoor/outdoor rectangular tables, seating -- used for demos/dining/display, Hard surface/porous pavers between bldgs for tables and barn dance/powwow, Drive -up pick-up lane Outdoor sound systern or at least power Grill Potting bench/outdoor work station Rain Barrel water collection if gutters on buildings Community gardenplots for Stillwater condo/apt residents — shared tool storage for on site ag Demonstration rain garden, raised bed, sq. ft. garden, cold frame etc. Monarch/Pollinator way station See hive(s) maintained by director or contracted out in solar electric fenced apiary or hive on very accessible bear proof roof Chicken tractor? Maintained by director or contracted out Mature Maple tree(s) for tapping (sugar or silver preferred) Bike racks Contract Satellite(s) facilities for large events Duplication to avoid: Farmers Market at 3rd and Pine St Small *gardening classes at River Market Loft (tiny space not accessible) Cooking classes appropriate to other locations -Cooks of Crocus Hill Here's Minnesota Grown's list of producers w/in 10 miles of 55082. Ifyou search wlin 25 miles you get 130 members. http;11www.minnesotagrown.comlmember-directory/Many smaller local producers are not listed. Axdahl's Garden Farm & Greenhouse Blueberry Fields of Stillwater Northern Vineyards Winery Saint Croix Vineyards Stillwater Farmers Market Aamodt's Apple Farm, Inc. Bergmann's Greenhouses & Farm Market Costa. Farm & Greenhouse Ziertman's Pumpkin Farm Stillwater Christmas Tree Farm Krueger's Christmas Trees of Lake Elmo Honey -Pine Apiary Bayport Farmers Market Schultz Farm Organics Pine Tree Apple Orchard Big River Farms Century College - Horticulture KDE Farms Lake Elmo Sod Farms, LLC Live Flowers, LLC City of White Bear Lake Farmers Market Afton Garlic Farm Oakdale Farmers Market 10th Street Farm & Market LLC Lutz Cuts Bachman' s Floral, Horne & Garden Stillwater Stillwater Stillwater Stillwater Sti I!water Stillwater Stillwater White Bear Lake Lake Elmo Stillwater Lake Elmo Stillwater Bayport Mahtomedi White Bear Lake Marine on St. Croix White Bear Lake Hugo Lake Elmo Marine on St. Croix White Bear Lake Afton Oakdale Afton Hugo Maplewood Amended National Register Nomination NPS Form 1O-9ud OMB No. 1024-O0i6 United States Department of the Interior National Park Service National Register of Historic Places Registration Form This form is fur use in nominating or requesting determinations for individual properties and districts See instructions in National Register Bulletin, How to Complete the National Register of Historic MOW Registration Form, If any item does not apply to the property being documented, enter "NIA" for not applicable." For functions, architectural classification, materials, and areas of significance, enter only CZlegnries and subcategories from the instructions. 1. Name of Property Historic name: Bergstein, Moritz, Shoddy Mill and Warehouse (documentation of move) Other names/site number: NR1S #08000133 Name of related multiple listing: N/A (Enter "NIA" if property is not part of a multiple property listing) 2. Location Street & number: 805 South Main Street City or town: Stillwater State: MN County: Washington (code 163) Not for publication: n Vicinity: n 3. State/Federal Agency Certification As the designated authority under the National Historic Preservation Act, as amended, I hereby certify that this nomination _ request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion, the property _ meets — does not meet the National Register Criteria. I recommend that this property be considered significant at the following level(s) of significance: national statewide local Applicable National Register Criteria: A B C D Signature of certifying official/Title Date State or Federal agency/bureau or Tribal Government In my opinion, the property meets _ does not meet the National Register criteria. Signature of commenting official Title: Date State or Federal agency/bureau or Tribal Government Sections 1-6 page 1 NPS Form 10-900 OMB No 1024-0018 4. National Park Certification I. hereby, certify that this property is: entered in the National Register determined eligible for the National Register determined not eligible for the National Register removed from the National Register other (explain:) Signature of the Keeper Date of Action 5. Classification Ownership of Property (Check as many boxes as appty} Private Inl Public - Local public - State Public - Federal Category of Property (Check only one box) Building(s) District Site Structure x x Number of Resources within Property (Do not include previously listed resources in the count.) Contributing Noncontributing 0 0 buildings 0 0 sites 0 0 structures 0 objects 0 0 Total Number of contributing resources previously listed in the National Register 2 Sections 1-6 page 2 NPS Form 10-900-a (Rev. 8/2002) OMB No. 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 8 Page 1 Moritz Bergstein Shoddy Mill and Warehouse Name of Property �_ ..__�_...... .., Washington County, MN County and State Name of multiple listing (if applicable) Narrative Description (Describe the historic and current physical appearance and condition of the property. Describe contributing and noncontributing resources if applicable. Begin with a summary paragraph that briefly describes the general characteristics of the property, such as its location, type, style, method of construction, setting, size, and significant features. Indicate whether the property has historic integrity.) Purpose of Amendment The Moritz Bergstein Shoddy Mill and Warehouse were added to the National Register of Historic Places (NRHP) in 2008 for their association with late nineteenth century Jewish immigration to Minnesota, the waste materials trade, and mattress manufacturing. The property is representative of a small but important industry for some Germanic Jewish immigrants in Minnesota in the late nineteenth and early twentieth centuries. The purpose of this amendment to the registration form for the 2008 NRHP listing for the Moritz Bergstein Shoddy Mill and Warehouse is to document 1) the move of the property to a new site in 2012 and 2) its continued eligibility for the NRHP in its new location, pursuant to 36 CFR 60.14(b)(2). Reasons for the Move The Moritz Bergstein Shoddy Mill and Warehouse were moved to a new site approximately one mile north of their original location in 2012 to allow for the construction of the St. Croix Crossing, a new bridge over the St. Croix River that will connect the states of Minnesota and Wisconsin. The two buildings were moved pursuant to the Amended Section 106 Memorandum of Agreement Between the Federal Highway Administration. the U.S. Army Corps of Engineers, the Advisory Council on Historic Presenvation, and the Minnesota and Wisconsin Slate Historic Preservation Officers Regarding the St. Croix River Crossing Project: Washington County, Minnesota and St. Croix County, Wisconsin, dated June 2005, and in a manner consistent with the comments of the Advisory Council for Historic Preservation, in accordance with its procedures as described in 36 CFR 800. The Moritz Bergstein Shoddy Mill and Warehouse were located in the path of the approach for the new river crossing. The absence of any prudent or feasible alternative alignments for the approach necessitated removal or relocation of the historic property for the construction of the new bridge. The St. Croix Crossing Project is receiving federal funding and requires federal permits; therefore, the project is required to comply with Section 106 of the National Historic Preservation Act of 1966, as amended. As part of the efforts to consider effects from the project on properties listed in or eligible for listing in the NRHP, it was determined that the project would result in adverse effects to several properties that are eligible for listing in the NRHP, including the Moritz Bergstein Shoddy Mill and Warehouse. Therefore, the Federal Highway Administration. U.S. Army Corps of Engineers, Advisory Council on Historic Preservation, and the Minnesota and Wisconsin State Historic Preservation Offices (SHPOs) entered into the aforementioned Memorandum of Agreement (MOA). The MOA includes a number of stipulations to minimize and/or mitigate adverse effects to historic properties listed in or eligible for listing in the NRHP. Included in the stipulations were requirements that the Moritz Bcrgstein Shoddy Mill and Warehouse be moved to a new site, and that "the new site and use for the buildings must maintain, and not detract from the National Register character -defining features attic property and will include an appropriate setting".' The MOA also stipulates that, upon moving the historic property to its new site, the Minnesota Department of Transportation (MnDOT) would transfer ownership to the new owner with a legal restriction that ensures the historic property will he maintained in accordance with the Secretary of the Interior's Standards. a The MOA further stipulates that if the Minnesota SHPO determines that the property is still eligible for the NRHP once relocated to its Federal Highway Administration, Amended Section 106 Memorandum of Agreement Between the Federal Highway Administration, the US. Army Corps of Engineers, the Advisory Council on Historic Preservation, and the Minnesota and Wisconsin State Historic Preservation Officers Regarding Me Si.. Croix River Crossing Project: Washington County, Minnesota and St. Croix County, Wisconsin, 2005, 13. 2 Advisory Council on Historic Preservation. Amended Section 106 Memorandum ofAgreement. 14. NPS Form 10.900-a (Rev. BI2002) OMB No. 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 8 Page 2 Moritz Bergstein Shoddy Mill and Warehouse Name of Property Washington County, MN County and State Name of multiple listing (if applicable) new site, an NRHP nomination will be prepared and the property added to the NRHP.3 An NRHP nomination was prepared and the property was listed in the NRHP before it was moved: therefore, this amendment is necessary to document the move of the property to a new site in 2012 and the property's continued eligibility for the NRHP in its new location. Procedures for the Move All work was performed in accordance with the Secretary of the Interiors' Standards for Historic Buildings and the procedures detailed below.4 s Prior to the move, necessary temporary traffic detours and road closures were coordinated with MnDOT, Washington County, and the Cities of Oak Park Heights, Bayport, and Stillwater; a traffic management plan was also submitted to the project engineer, A temporary haul road was constructed between 62"d Street North and State Highway 36, and the area restored after the move. As needed, cable guard rails along the roadway were removed in preparation for the move, and replaced thereafter. Any areas of road disturbed by the move were filled with six feet of Class 5 aggregate.6 In addition, no historic sites were disturbed during the move.' In preparation for the move, all existing utility lines on the property were located and disconnected back to the main lines. In addition, utilities along the move route were temporarily removed or relocated. The site was prepared with heavy duty silt fence to protect water quality during construction. Trees and vegetation were removed as needed to facilitate movement of the shoddy mil! and warehouse buildings. The existing concrete slabs were removed, the perimeter of each building was excavated, and the existing foundation stone below grade (from one to six inches) was salvaged. These stones were then numbered, cataloged, and stored for exact reconstruction at the new site. The building excavation footprints were then filled, graded, and compacted to match the condition of the rest of the site.$ The south and east walls of the shoddy mill had areas of loose and deteriorated mortar. These areas were repaired prior to the building being moved.9 Advisory Council on Historic Preservation, Amended Section 106 Memorandum of Agreement, 18. 4 Minnesota Department of Transportation, Construction Plan for Relocation of Shoddy Mill & Warehouse Buildings, June 2012, Sheet No. 2, 5 Thomas Krier, MnDOT, e-mail message to Renee Barns, MnDOT, December 16, 2014. 5 Minnesota Department of Transportation, Construction Plan, Sheet No. 22-23. Minnesota Department of Transportation, Construction Plan, Sheet No. 6. S Minnesota Department of Transportation, Construction Plan, Sheet No. 22-24, 9 Minnesota Department of Transportation, Construction Plan, Sheet No. 26. NPS Form 10-900-a (Rev, 8/2002) OMB No, 1024-0018 United States Department of the interior National Park Service National Register of Historic Places Continuation Sheet Section number 8 Page 3 Moritz .Bergstein 5 hoddy Mill _and Warehouse Name of Property Washington County, MN County and State �--._."""._.-----_...�.w..�........,. Name of multiple listing (if applicable) Settine and General Enviromncln of the New Site The previous site of the Moritz Bergstein Shoddy Mill and Warehouse was a 0.74 acre parcel located at 6046 Stagecoach Trail North,1° The parcel was oriented on a west/east axis; the warehouse faced west and the mill thced north. Historically, the Chicago, St, Paul, Minneapolis & Omaha Railway (CStPM&O) was located directly west of the Moritz Bergstein Shoddy Mill and Warehouse,' The new site of the Moritz Bergstein Shoddy Mill and Warehouse is located approximately one mile north of its original location, east of Trunk l lighway (TH) 95 and situated along the western shore of the St. Croix River on a 3,08-acre parcel.'` The new site is relatively flat and is lightly wooded with deciduous trees; some trees and vegetation were removed in preparation for placement of the shoddy mill and warehouse on the site. A dirt and gravel access road sited along the former CStPM&O railroad corridor runs on a southeast/northwest alignment through the west edge of the parcel. The new boundary is oriented on a slightly southwest/northeast axis, and covers an area of 0.60 acres. The shoddy mill is centered along the warehouse's southeast elevation, and the facade of the shoddy mill faces northwest toward the farrade of the warehouse. The shoddy mill and warehouse arc located 37 feet apart; in their previous location, they were located 39 feet 4 inches from each other./3 According to Sanborn Fire Insurance Maps, this physical arrangement is in keeping with the original siting of the shoddy mill. In addition, similar to the former site, an aggregate fill is located between the buildings at the current site, while the rest ofthe area is natural turf 4 A galvanized meta chain link fence surrounds the two buildings in an area that is 105 teet by 80 feet. An access gate is located on the northwest fence line. Effect on Property's Historic Integrity Pursuant to the MOA, MnDOT identified a new site approximately one mile north of the original location of the Moritz Bergstein Shoddy Mill and Warehouse that would not detract from the character -defining features of the property, including the original stone construction and workmanship, and its semi -industrial setting overlooking the St. Croix River. Similar to the previous site, the new site is located within the city limits of Stillwater in a semi -industrial setting that overlooks the St. Croix River. Therefore, the Moritz Bergstein Shoddy Mill and Warehouse retain integrity of location and setting. All procedures related to the move of the Moritz Bergstein Shoddy Mill and Warehouse were performed in accordance with the Secretary of the Interiors' Standards for Historic Buildings.'6 This included reconstruction of the original building foundations and minor repairs to the walls ofthe shoddy mill. Therefore, the Moritz Bergstein Shoddy Mill and Warehouse retain integrity of design, materials, and workmanship. The new site previously was occupied by several mills and plants; today, it contains vestiges of that industrial heritage, complementing the Moritz Bergstein Shoddy Milt and Warehouse's significant association with industry. Historically, the CStPM&O line was located immediately west of the original Moritz Bergstein Shoddy Mill and Warehouse site, In the new location of the shoddy and warehouse, the former railroad corridor of the CStPM&O is similarly proximal to the site. Therefore, the shoddy mill and warehouse retain integrity of feeling and association.17 Overall, the new site of the Moritz Bergstein Shoddy Mill and Warehouse does not detract from the character -defining features of the property, and the property 14 Washington County. Minnesota, Washington County Property Viewer, accessed December 5, 2014, http:/lmaps.co.washington.mn.usfPropertyViewer/. 11 Sanborn Map Company, insurance Map of Stillwater, Minnesota, April 1924, Sheet 26. 12 Washington County, Washington County Property Viewer. 13 Minnesota Department of Transportation, Construction Platt, Sheet No. 6. 14 Minnesota Department of Transportation, Construction Plan, Sheet No. 6, Sheet No. 23. 15 Minnesota Department of Transportation, Construction Plan, Sheet No. 6. 16 Minnesota Department of Transportation, Construction Plan, Sheet No. 2. 17 The 106 Group Ltd., Bergstein Property Relocation Mitigation Project, Proposed Site Assessment. (Prepared for the City of Stillwater, January 2005), 7-10. NPS Form 10.900-a (Rev. 812002) OMS No 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 8 Page 4 Moritz Bergstein Shoddy MilI and Warehouse Name of Property w - - - _...._....__._.... Washington County, MN County and State Name of multiple listing (if applicable) retains sufficient integrity to continue to convey its historic associations with late nineteenth century Jewish immigration to Minnesota, the waste materials trade, and mattress manufacturing. How the Property Meets the Special Requirements for Criteria Consideration B The Moritz Bergstein Shoddy Mill and Warehouse were built by Moritz and Bertha Bergstein in the 1890s, who immigrated to Stillwater from Hungary and Bohemia in 1879 and 1883, respectively. The buildings were used for collection, sorting, and selling of waste materials, as well as the manufacturing of mattresses. The shoddy mill and warehouse, after their move, remain the sole surviving property most importantly associated with late nineteenth century Jewish immigration to the Stillwater area of Minnesota, and to an immigrant family's adaptation to American economic life. as well as and the waste materials trade and mattress manufacture.' The Effects on Archaeological and Other Historic Resources The new location of the Moritz Bergstein Shoddy Mill and Warehouse lies adjacent to the NRHP-listed Stillwater South Main Street Archaeological District and the previously identified Hersey & Bean Sawmill archaeological site (21 WA91). During the move, the archaeological district and sawmill site were avoided and no disturbance occurred. in addition, a buffer was placed around the district and the site; in this buffer area, no earth -disturbing activities deeper than 24 inches were allowed. ° ]n addition, the new boundary of the Moritz Bergstein Shoddy Mill and Warehouse is proposed, as described in Section 10, so as to allow a 25-foot buffer between the new site, the Stillwater South Main Street Archaeological District, and the Hersey & Bean Sawmill archaeological site. This 25-foot buffer is sufficient to ensure that the shoddy mill and warehouse will not adversely affect the archaeological district or the sawmill site.2° The new site ofthe Moritz Bergstein Shoddy Mill and Warehouse lies within the NRHP-eligible Stillwater Cultural Landscape District (SCLD). The SCLD is comprised of natural and built features that tell the story of Stillwater's settlement history, including residential, commercial, and industrial buildings, as well as bluffs, ravines, and the banks of the St. Croix River.2' As determined in this nomination, the Moritz Bergstein Shoddy Mill and Warehouse is the sole surviving property most importantly associated with late nineteenth century Jewish immigration to the Stillwater area of Minnesota, and to an immigrant family's adaptation to American economic life, as well as and the waste materials trade and mattress manufacturing. In their new location, the shoddy mill and warehouse retain sufficient integrity to continue to convey those historic associations 22 In turn, the compatibility of the property with its new site means that placement of the shoddy mill and warehouse within the SCLD will not adversely affect any of the contributing resources within the district; rather, the areas of significance of the shoddy mill and warehouse complement the industrial resources of the SCLD. 18 Zellie. Bergstein, Moritz, Shoddy Mill and Warehouse, 2008, 8-4. '9 Minnesota Department of Transportation, Construction Plan, Sheet No. 3. 20 Renee Hutter Barnes, Historian, MnDOT, phone conversation to author, December 11, 2014. 21 Landscape Research LLC, The Stillwater Cultural Landscape District, Stillwater, Minnesota. (Prepared for the Minnesota Department of Transportation Office of Environmental Stewardship, 2011), 3. 22 Carole 5. Zellie. National &wisrer of Historic Places Registration Form Bergstein, Moritz, Shoddy Mill and Warehouse, Washington County, Minnesota, National Register 08000133, 2008, 8-4. WS Form 10-900-a (Rev 812042) OMB No. 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 9 Page 1 Moritz Bergstein Shoddy Mill and Warehouse Name of Property Washington County, MN County and State Name of multiple listing (if applicable) Bibliography (Cite the books, articles, and other sources used in preparing this form.) The 106 Group Ltd. Proposed Site Assessment for the Bergstein Property Relocation Mitigation Project. Prepared for the City of Stillwater, Stillwater, Minnesota, 2005. Federal Highway Administration. Amended Section 106 Memorandum of Agreement Between the Federal Highway Administration, the U,S Army Corps of Engineers, the Advisory Council on Historic Preservation, and the Minnesota and Wisconsin State Historic Preservation Officers Regarding the St. Croix River Crossing Project: Washington County, Minnesota and St. Croix County, Wisconsin, 2005. Landscape Research LLC. The Stillwater Cultural Landscape District, Stillwater, Minnesota. Prepared for the Minnesota Department of Transportation Office of Environmental Stewardship, St. Paul. Minnesota, 2011. Minnesota Department of Transportation 2012 Construction Plan for Relocation of Shoddy Mill & Warehouse Buildings, 2012. On file at the Minnesota Department of Transportation, St. Paul, Minnesota. Sanborn Map Company. Insurance Map of Stillwater, Minnesota. Sanborn Map Company, New York, New York, 1924. Washington County, Minnesota. Washington County Property Viewer. Accessed December 5, 2014. http:llmaps.00.washington.mn.us/Property Viewer/. Zellie, Carole S. National Register of Historic Places Registration Form Bergstein, Morin Shoddy Mill and Warehouse, Washington County, Minnesota, National Register #08000133, 2008. NPS Form 10-900-a (Rev 8/2002) OMB No. 1024-0018 United States Department of the interior National Park Service National Register of Historic Places Continuation Sheet Section number 10 Page 1 Moritz Bergstein Shoddy Mill and Warehouse Name of Property Washington County, MN County aria-State Name of multiple listing (if applicable) Geographical Data Acreage of Property 0.60 Use either the UTM system or latitude/longitude coordinates Latitude/Longitude Coordinates Datum if other than WGS84: n/a (enter coordinates to 6 decimal places) 1. Latitude: 45.051246 2. Latitude: 45.051017 3. Latitude: 45.051362 4. Latitude: 45.051600 Or UTM References Datum (indicated on USGS map): NAD 1927 1. Zone: 15N 2. Zone: 3. Zone: 4. Zone: or NAD 1983 Easting: Easting: Fasting: Easting: Longitude: Longitude: Longitude: Longitude: - 92.800828 - 92.801373 - 92.80I647 - 92.801177 Northing: Northing: Northing: Northing: NPS Form 10-900-a (Rev. 8/2002) OMB No. 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 10 Page 2 Moritz Bergstein Shoddy Mill and Warehouse Narne of Property Washington County, MN County and State Name of multiple listing (if applicable) Verbal Boundary Description (describe the boundaries ofthe property) The new boundary for the relocated Moritz Rergstein Shoddy Mill and Warehouse is oriented on a slightly southwest/northeast axis. The boundaries for the site begin al a point 53 feet northwest of the northwest corner of the warehouse. The boundary extends parallel to the northwest elevation of the warehouse in a northeasterly direction, 15 feet from the warehouse, for 150 feet, to the Si. Croix River riverbank; thence in a southeasterly direction, following the riverbank; for 158 feet parallel to the northeast elevations of the warehouse and shoddy mill; thence in a southwesterly direction. paralleling the southern wall of the shoddy mill, 48 feet from the mill, for 150 feet, thence in a northwesterly direction for 84 feet; and thence in a northeasterly direction for 84 feet back to the point of the beginning. The total area of the new site is 0.60 acres. Boundary Justification (explain why the boundaries were selected) The above described boundaries for the Moritz Bergstein Shoddy Mill and Warehouse were selected to replicate the original site boundary as closely as possible. The original site of the Moritz Bergstein Shoddy Mill and Warehouse was a pentagonal -shaped parcel that covered four 50- foot wide lots (Lots 3-6, Block 2 ofElfelt's Addition to Oak Park), totaling 0.74 acres. The northern, eastern, and southern boundaries of the property followed cardinal directions. The western edge of the property was slightly angled, forming a paint to the west. The point was formed by the alignment of Stagecoach Trail, which extended in a northwesterly direction in front of the parcel, and the right-of-way for the CStPM&O railroad, which ran in a northeasterly direction in front of the parcel. The property was 200 feet wide (north -to -south) and approximately 150 feet deep (east -to -west) along its northern and southern boundaries. Within this parcel, the shoddy mill and warehouse were located on the northern two lots (Lots 3 and 4). The warehouse was located on Lot 3, 15 feet due south of the northern boundary of the property and the southern wall of the mill (located on Lot 4) was aligned along the lot line between Lots 4 and 5. The buildings were located 37 feet from each other. The boundaries for the new site have been slightly skewed to the southwest to be parallel with the placement of the buildings, which were unable to be placed facing cardinal directions. The new boundary is five -sided and covers an area of 0.60 acres. The western edge of the property is slightly angled and forms a point to the west, emulating the point that was formed on the original property by the Stagecoach Trail and CMStPM&O railroad. The new boundary is 150 feet wide along its northwest - to -northeast and southwest -to -southeast boundaries. The new boundary is 15 feet northwest of the warehouse; the warehouse and shoddy mill are located 37 feet from each other. In consultation with MnDOT, a 25-foot buffer was established around the Stillwater South Main Street Archaeological District and the previously identified Hersey & Bean Sawmill archaeological site (21 WA91) to avoid adversely affecting the district and site by placement ofthe Moritz Bergstein Shoddy Mill and Warehouse.' Therefore, the new boundary is 50 feet narrower (northwest -to -southeast) than the previous boundary. The overall area of the new site is thereby reduced from 0.74 acres to 0.60 acres. 21 Renee Huffer Barnes. Historian, MnDOT, phone conversation to author. December l 1. 2014, NPS Form 10-900-a (Rev. 8/2002) OMB No. 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number Photos Page 1 Moritz Bergstein Shoddy Mill and Warehouse Name of Property Washington County, MN County and State Name of multiple listing of applicable) Photograph Log Name of Property: City or Vicinity: County: State: Name of Photographer: Date of Photographs: Location of Original Digital Files: Moritz Bergstein Shoddy Mill and Warehouse Stillwater Washington MN Gregory Mathis April 2014 370 Selby Avenue, Suite 206, St. Paul, MN 55102 Photo #1 (MN_Washington County_Moritz Bergstein Shoddy Mill and Warehouse_0001) North elevation and west facade, facade and west elevation; camera facing southeast. NPS Form 10.900-a (Rev. 812002) OMB No. 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number Photos Page 2 Moritz Bergstein Shoddy Mill and Warehouse Name of Property Washington County, MN County and State Name of multiple listing (if applicable) Photo #2 (MN_Washington County_Morilz Bergstein Shoddy Mill and Warehouse_0002) North elevation and west facade; camera facing southeast. NPS Form 10-900-a (Rev. 8/2002) OMB No. 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number Photos Page 3 Moritz Bergstein Shoddy Mill and Warehouse Name of Property _... Washington County, MN County and State Name of multiple listing (if applicable) Photo ti3 (MN_Washington County_Moritz Bergstein Shoddy Mill and Warehouse_0003) West facade and south elevation, west elevation and south elevation; camera facing northeast. NPS Form 10-900-a (Rev. 812002) OMB No. 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number Photos Page 4 Moritz Bergstein Shoddy Mill and Warehouse Name of Property Washington County, MN County and State Name of multiple listing (if applicable) Photo #4 (MN_Washington County_Moritz Bergstein Shoddy Mill and Warehouse_0004) North elevation; camera facing south. NPS Form 10-900-a (Rev. 812002) OMB No. 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number Photos Page 5 Moritz Bergstein Shoddy Mill and Warehouse Name of Property Washington County, MN County and State Name of multiple listing (if applicable) Photo #5 (MN_Washington County_Moritz Bergstein Shoddy Mill and Warehouse_0005) East facade; camera facing southwest. NPS Form 10-900-a (Rev. 812002) OMB No. 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number Photos Page 6 Moritz Bergstein Shoddy Mill and Warehouse Name of Property Washington County, MN County and State Name of multiple listing (if applicable) Photo #6 (MN_ Washington County_Moritz Bergstein Shoddy Mill and Warehouse_0006) South elevations; camera facing north. NPS Form 10-900-a (Rev. 812002) OMB No. 1024-0018 United States Department of the interior National Park Service National Register of Historic Places Continuation Sheet Section number Photos Page 7 Moritz Bergstein Shoddy Mill and Warehouse Name of Property Washington County, MN County and State Name of multiple listing (if applicable) Photo #7 (MN_Washington County_Moritz Bergstein Shoddy Mill and Warehouse_0007) West facade, south elevation, and setting; camera facing northeast. NPS Form 10-90a-a (Rev. 8/2002) OMB No. 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number Photos Page 8 Moritz Bergstein Shoddy Mill and Warehouse Name of Property Washington County, MN County and State Name of multiple listing (if applicable) Photo 178 (MN_Washington County_Moritz Bergstein Shoddy Mill and Warehouse_0008) West facade, north elevation, and setting; camera facing south. NPS Form 10-900-a (Rev. 8/2002) OMB No. 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number Photos Page 9 Moritz Bergstein Shoddy Mill and Warehouse Name of Property Washington County, MN County and State Name of multiple listing (if applicable) Photo #9 (MN_Washington County_Moritz Bergstein Shoddy Mill and Warehouse_0009) South and east elevations; camera facing west. NPS Form 10-900-a (Rev. 8/2002) OMB No, 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number Photos Page 10 Moritz Bergstein Shoddy Mill and Warehouse Name of Property Washington County, MN County and State Name of multiple listing (if applicable) Photo #10 (MN Washington County_Moritz Bergstein Shoddy Mill and Warehouse_OO10) East elevation and facade; camera facing southwest. NPS Form 10-900-a (Rev. 812002) OMB No. 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number Photos Page 11 Moritz Bergstein Shoddy Mill and Warehouse Name of Property Washington County, MN County and State Name of multiple listing (if applicable) Photo #11 (MN_Washington County_Moritz Bergstein Shoddy Mill and Warehouse_O011) Facade and west elevation; camera facing southeast. *it pril 411 VI 0 I L AN' :.--',- , ,41 414tv."' 3.141, ti .'-"tit it ,.'-.4iFill.1--- . — r 4.4e.eiretirivk,' ( Al?: "rfi • t . V: is j...- +101 17 t 0 - Source106 Group Moritz Bergstein Shoddy Mill and Warehouse Washington County, Minnesota 0 475 Meters 11'"1 1:24,000 0 1,100 Feet t. Moritz Bergstein Shoddy Miff and Warehouse • et, % 4.• '!.tt 4o .4!L• Tatib%1 GeogpphiC.Sodjely;•-i-cuoete- la_- - • [1] Site Location Map Produced by 106 Group 2152015 Moritz Bergstein Shoddy Mill and Warehouse Washington County, Minnesota iiNew Site Boundary/Moritz Bergstein Shoddy Mill and Warehouse ® South Main Archaeological District ED Stillwater Cultural Landscape District Ei Hersey and Bean Sawmill Site 0 4O Meters 1 0 0 Feet 5:2,600 • + if.* 106 0 Preliminary Review Comments PRELIMINARY REVIEW COMMENTS The project teams submitted a draft of the reuse study report on 26 June 2015. The draft was reviewed by both the Stillwater Heritage Preservation Commission and the Stillwater City Council. Members of both groups expressed general agreement with the team's recommendations, and sketched out a preliminary timeline for implementing the project based on reuse study findings. The timeline is as follows: 2015, Summer. Paint the exterior of the Warehouse building as is, as a means of temporarily improving its appearance while further planning is under way. 2015-2016. Convene a committee of potential stakeholders and partners to develop a detailed plan for programming and reusing the Shoddy Mill and Warehouse. 2017. Develop detailed plans and specifications for a phased rehabilitation of both buildings. The project would include exterior rehabilitation of both structures, followed by interior rehabilitation of the first floor of the Warehouse and the interior of the Mill. As plans for programming and rehabilitating the buildings coalesce, the stakeholder group will use them as a basis for a case statement that can be used to solicit funding for the project. STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION The Birthplace of Minnesota On behalf of a grateful city and upon the recommendation of leading citizens, the City of Stillwater hereby extends recognition and appreciation to Jwt Sti A Cong time member and Past President of Stillwater Sunrise Rotary was awarded the Distinguished Service Award this year by the Rotary International. He is a major contributor among 1.4 miCCion members, with only 5 people recognized internationaCCy. ,Fewer than 5o Rotarians worldwide are awarded this prestigious honor. Jon's advocacy andtireCess efforts have made significant contributions to the Rotary ,Foundation, to the millions of children and their families who have been vaccinated to prevent PoCio, and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: September 6, 2022 HE BIRTHPLACE OF MINNESOEA STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Dam fiJ'uuult Jat 17 %2 t,eavti of 6 e'uuice co a atembeft of the flovdtid J S icy fZ and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: September 6, 2022 4111wa ter The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES AUGUST 16, 2022 SPECIAL MEETING 3:30 P.M. Mayor Kozlowski called the meeting to order at 3:33 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht (arrived at 3:40 p.m.), Polehna Absent: None Staff present: City Administrator Kohlmann City Clerk Wolf Community Development Director Gladhill Public Works Director Sanders Finance Director Provos Fire Chief Glaser Police Chief Mueller IT Manager Holman Library Director Troendle St. Croix Rec Center Manager Brady OTHER BUSINESS 2023 Proposed Budget Workshop City Administrator Kohlmann presented the proposed 2023 budget. He stated that based on the initial 2023 general fund budget proposals, the tax levy increase for the general fund operating budget was $1,803,043 or 14.98% over the approved 2022 budget. The Administrator's budget recommendations reduce the proposed 2023 operating increase to $881,953 or 7.39% above the 2022 adopted tax levy. The total 2023 property tax levy increase (operating + debt service) is proposed to increase by $1,212,192 or 7.612%. 2023 operating budget pressures included: personnel; health care costs rising 9.5%; fuel and energy prices; moving small equipment into operational budgeting; and revenue reductions. Due to funding constraints, no department requests for new/modified staffing levels are recommended to be funded. Mr. Kohlmann then explained the individual budget elements: operations, capital improvement program, and American Rescue Plan (ARPA) funds. Councilmember Polehna suggested that ARPA funds may be applicable for the road work proposed for the south side of Highway 36 at Washington Avenue because it is economic development for the community. Mr. Kohlmann reviewed the staff -requested new or modified positions. Community Development Director Gladhill stated the request for a code enforcement position would allow the entry level planner to focus more on the Planning and Heritage Preservation Commissions. The City is currently falling behind in code enforcement and job descriptions are not matching up with the resources available. City Council Meeting August 16, 2022 Police Chief Mueller stated the Police Department is undergoing an organizational review whose completion has been delayed by COVID. The firm doing the organizational review is looking at recommending an increase of several FTE officers over a 5 year period. Most cities Stillwater's size without the downtown tourism are at about 30 officers. Currently the Department has 24 sworn officers. The requested position is a step into that strength. IT Manager Holman stated the IT Department put money into professional services last year with the hope of hiring a position this year. That amount is being used this year to do cyber security work. With all the extra security requirements called for in the audit, as well as supporting staff with all the new technology that is coming, it would help to have another technician. Councilmember Odebrecht asked if there is a way to partner with other cities for some of the specialty IT services; and Ms. Holman answered possibly, but there are also some new regulations that require some of the screening to be done in-house. Public Works Director Sanders explained that for 15 years Public Works has had an engineering person do GIS work. The current temp staff person has shown that the Department needs a GIS person rather than getting by with an engineering person trying to do the GIS work. Councilmember Junker noted that all the requested new hires could push the 7.6% property tax levy increase into double digits from 7.6% to about 11%. He could support adding an IT technician, a police officer, and a code enforcement position. Finance Director Provos responded that adding those three positions would bring the total levy increase to 9.5%. Mayor Kozlowski stated he would like to see if ARPA funds could be used to hire a consultant instead of the requested staff increase in IT; he would prefer two police officer positions over one; and he would support adding the GIS specialist. City Administrator Kohlmann stated staff will incorporate the input and bring the proposals back to the next budget workshop. He then explained the general fund in detail. Councilmember Junker noted it will cost $22,000 to light both sides of the bridge. This is one of the most complimented sights downtown and the City should keep doing it. Councilmember Collins suggested increasing the library funding above the administrator's recommended 2.65% increase because that would mean a huge reduction in materials. The trustees estimate an increase of 6.8% is needed just to maintain the library's current level of service. Library Director Troendle explained, though the request from the Library Board was 6.8%, staff is looking at a lesser amount, around 4.5% that would cover the cost of aligning with the City's adjusted compensation plan plus the cost of small equipment changes that were previously capital and are not considered part of general expense. Councilmember Polehna and Mayor Kozlowski favored, at a minimum, increasing the library funding by 4.5% instead of 2.65% recommended increase. Mr. Kohlmann went on to explain special revenue funds: parks, community beautification, and lodging tax, and then reviewed capital outlay items by department. Page 2 of 8 City Council Meeting August 16, 2022 Regarding downtown lighting improvements, Councilmember Polehna asked if the City is going to figure out some other way of paying for that, i.e. sales tax, why pay half right now; and Mr. Sanders replied that the downtown lights can be done at any time. Staff has a meeting next week with Xcel Energy to discuss lighting options. Xcel has not come out with LED lighting yet for pedestrian lights. The Council continued general discussion on ways to fund items, reduce cuts, get more information and get more aggressive about pursing a sales tax. RECESS Mayor Kozlowski recessed the meeting at 5:09 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill 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 City Council Service Award to Tevera Company Mayor Kozlowski recognized Tevera Company for clean-up of Lowell Park as a community service project. Stillwater Human Rights Award Mayor Kozlowski commended the Student Leadership Council of Stillwater Area High School and presented them with the Human Rights Award. SAHS Cultural Liaison Cornelius Rish thanked the Human Rights Commission and the students for helping make a safe learning environment for everyone, and the members of the Student Leadership Council introduced themselves. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2022-104, Stillwater Human Rights Award - Student Leadership Council of Stillwater Area High School. All in favor. Page 3 of 8 City Council Meeting August 16, 2022 Sustainable Stillwater Climate Action Plan Tess Fitzhenry, student at the University of Minnesota Twin Cities, intern with Sustainable Stillwater, gave a presentation showing the benefits of a climate action plan. Sustainable Stillwater is asking the City to hire an expert to conduct the climate assessment and complete the Climate Action Plan, or to reach out to one or two neighboring communities to share the cost. Community Development Director Gladhill added that, per a conversation with the consultant who initially made the assessment, the initial cost would be $30,000 in 2023. Mayor Kozlowski remarked that most cities that have developed a Climate Action Plan are significantly larger than Stillwater. He questioned how actionable many of the aspects are, i.e. reducing CO2 emissions given Stillwater's lack of industrial base; and Ms. Fitzhenry replied that climate action planning can be made very specific to each city. Another representative of Sustainable Stillwater, Linda Countryman, stated they want to try not to leap too far ahead. This is about laying down the foundation and having a strategy. Mayor Kozlowski stated the request can be discussed in budget talks, but he also would like examples of cities that are more similar to Stillwater with some actionable goals. Community Development Director Gladhill stated staff can come back with recommendations at budget discussions. OPEN FORUM Rick Heidick, Sustainable Stillwater Bike Friendly Community Workgroup Leader, informed the Council that the Bridge the Valley Bike Rally held on Sunday had 584 riders. STAFF REPORTS Public Works Director Sanders reported the Chestnut Street Project will begin tomorrow. Councilmember Junker and Mayor Kozlowski voiced concern about pedestrians not being able to cross Main Street at Chestnut, due to the shutting off of the traffic lights at that intersection. Mayor Kozlowski asked for additional signage for pedestrians. Continuing his report, Mr. Sanders added that the contractor is substantially completed with the St. Croix River Rehabilitation Riverwalk project. Police Chief Mueller updated the Council on staffing and department activity. He noted the Police Department is supporting the family involved in the Somerset incident. Fire Chief Glaser stated that staff have participated in community events, responded to a mutual aid fire, performed drills and training, and received a $6,500 donation from Stillwater Auxiliary. Finance Director Provos stated that an RFP for banking services was sent to seven banks. Community Development Director Gladhill introduced the new Planning Manager Yasmine Robinson. He gave an update on the Stillwater Towing relocation proposal. City Clerk Wolf reminded the Council of the Boards and Commissions picnic August 23. She reported the City's election was secure and successful. She thanked the elections judges and city staff that worked the Primary Election. The next City Council meeting is September 6. Page 4 of 8 City Council Meeting August 16, 2022 City Attorney Land stated the Terra Springs easement will be ready for action at the next meeting. The City will close on the trail in front of Lumberjack Landing in September. City Administrator Kohlmann gave a Waste Management yard waste update. CONSENT AGENDA July 19, 2022 regular meeting minutes July 26, 2022 closed session and regular meeting minutes Payment of Bills Encroachment Agreement for 1225 Pine Street West Flexible Work Arrangement Policy Renewal - Resolution 2022-105 Hauler's Rolloff License for T & T Disposal LLC Revised Parking Services Contract with Passport Labs Inc. Short Term Home Rental License for 918 Harriet St S and 411 Pine Tree Trail TIF #9 Replacement of Taxable Tax Increment Revenue Notes and Authorizing a Termination of Remarketing Agreement - Resolution 2022-106 Utility Billing Adjustment Ordinance Amendment - Ordinance 1188, 2nd Reading Amendment to Agreement with BerryDunn for Organization Study of Police Department Councilmember Polehna noted he is in favor of the Flexible Work Arrangement Policy Renewal, but feels it lacks a way to measure productivity. Councilmember Odebrecht suggested adding a bullet under the process for requesting a flexible work arrangement, outlining anticipated accomplishments over the course of a year broken down by month. Council consensus was to approve the policy with the addition of the language regarding deliverables as discussed. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor except that Councilmember Odebrecht abstained on adoption of the July 26, 2022 closed session and regular meeting minutes. PUBLIC HEARINGS Case 2022-47 to consider amending City Ordinance Section 31-315 and 31-325 to establish appropriate locations for massage establishments in the City of Stillwater - Ordinance 1st Reading Community Development Director Gladhill stated that, as part of the review of the Ordinance adding the licensing of massage establishments, it was determined that the Zoning Code's Use Table was not clear on where massage establishments were allowed. This Ordinance clarifies this point. Staff and the Planning Commission 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 Collins, to approve Case 2022-47, 1st reading of ordinance amending City Ordinance Section 31-315 and 31-325 to establish appropriate locations for massage establishments in the City of Stillwater. All in favor. Page 5 of 8 City Council Meeting August 16, 2022 Amend City Code Section 31-315 and Section 31-325 to update allowable uses in the City Ordinance to become consistent with recently adopted short-term housing rental regulation amendments - Ordinance 1st Reading Mr. Gladhill presented a proposed second ordinance related to recent changes to the City's Short Term Home Rental Ordinance. The previous Ordinance amended the licensing portion of the program, but the Zoning Code still referenced the previous license types. This current Ordinance updating the Zoning Code's Use Table is administrative in nature. Staff and the Planning Commission recommend approval of the Ordinance. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt first reading of an ordinance amending City Code Section 31-315 and Section 31-325 to update allowable uses in the City Ordinance to become consistent with recently adopted short-term housing rental regulation amendments. All in favor. Case 2022-48 to consider amending Chapter 31 of the City Ordinance to establish regulations and performance standards for medical cannabis, cannabidiol (CBD) products and hemp growing - Ordinance 1st Reading City Attorney Land presented the proposed ordinance which regulates sales of non - intoxicating CBD products and requires all intoxicating CBD products to be sold only at exclusive CBD stores. CBD exclusive stores are zoned in the Business Park only. Staff and the Planning Commission recommend approval. She also explained that under State law, intoxicating CBD liquid could potentially be sold at on sale establishments, provided it meets State packaging requirements, but not in Stillwater under this ordinance because it would not be an exclusive CBD store. Councilmember Junker pointed out that there are vendors trying to get establishments like bars to add these liquid CBD products to their offerings; and City Attorney Land confirmed that would not be allowed in Stillwater with this ordinance. Councilmember Odebrecht stated he is glad Stillwater is in front of the issue compared with many cities. Mayor Kozlowski added the ordinance provides a safe place to be for the City right now considering marketing efforts that will surely come. He opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to approve Case 2202-48, adopting first reading of an ordinance amending Chapter 31 of the City Ordinance to establish regulations and performance standards for medical cannabis, cannabidiol (CBD) products and hemp growing. All in favor. UNFINISHED BUSINESS There was no unfinished business. Page 6 of 8 City Council Meeting August 16, 2022 NEW BUSINESS CBD Retail Establishment License Ordinance - Ordinance 1st Reading City Attorney Land reviewed the proposed CBD Retail Establishment License Ordinance. It would only allow two licenses for exclusive CBD stores, and confirms that no product containing more than .3% THC may be sold in Stillwater. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt first reading of an ordinance amending the Stillwater City Code by enacting Code §41-9 CBD Retail Establishment License. All in favor. 2023 Street Improvement Project Order Feasibility Report Public Works Director Sanders reviewed the proposed 2023 Street Improvement Project. Staff recommends authorization of the preparation of a feasibility study for street, water main, sidewalk, sanitary, and storm sewer and improvements. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2022-107, Resolution Ordering Preparation of Feasibility Report for 2023 Street Improvement Project (Project 2023-02). All in favor (Councilmember Polehna was away for the vote). Bridge Jumping Ordinance - Ordinance 1st Reading City Attorney Land stated that MnDOT asked the City to consider adopting an ordinance prohibiting jumping from the Lift Bridge. The proposed ordinance prohibits climbing, jumping or diving off any bridge or structure over a channel of public water. Exceptions are allowed for authorized workers, public safety purposes or activities sanctioned by the City or other government entity. The penalty for violating the ordinance is a petty misdemeanor. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt first reading of an ordinance enacting Section 52-21 of the Stillwater City Code regarding jumping from a bridge, overpass or roadway into public water. All in favor. Downtown Manhole Rehabilitation Project Reapprove Plans and Specifications and Authorize to Bid Public Works Director Sanders explained that no bids were received for the Downtown Manhole Rehabilitation Project. The consultant feels there is interest from contractors to bid and complete the work in 2022, but the contractors needed additional information on discharge flows from the Nelson Street Lift Station. Staff and the consultant are working to provide this information in the plans and specifications so that bids can be sought again. Staff is requesting reapproval of the plans and specifications and authorization to bid. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2022-108, Approve Plans & Specifications and Ordering Advertisement for Bids for the Downtown Manhole Rehabilitation Project, Project 2022-05. All in favor. Downtown Public Sidewalk Use Policy Mr. Gladhill stated that staff is seeking clarity on a specific aspect of Downtown Sidewalk Enforcement, specifically, policies on allowing private benches within the sidewalk. As the City enforces other obstructions in public sidewalks downtown, business owners have Page 7 of 8 City Council Meeting August 16, 2022 pointed to these private benches seeking clarity if these are allowed. There are a number of private benches downtown, so it would appear to be a significant policy shift if the City Council were to ask these to be removed at this time. Maybe the City should put its own benches out, thereby determining the locations. Mayor Kozlowski stated he feels benches are fine as long as they are for the public to use. Councilmember Junker stated as of today, there are 25 benches on Main Street downtown from Mulberry Street to the Lora Hotel. There are 30 two -foot wide sandwich boards on Main Street. The average sidewalk is 6.5 feet wide and the 45 City flower pots are 3.5 feet wide. He agrees that the benches bring character but there are a lot of them. Councilmember Odebrecht summarized that the Council likes the benches, but recognizes there are a lot of obstructions and if somebody gets hurt having to walk out in the street, that could lead to civil action. Mayor Kozlowski stated the flower pots are huge; maybe there is a better place to put them. Mr. Gladhill summarized that private benches are acceptable as long as they are not obstructing traffic. He will bring back a policy and have a discussion with the downtown steering committee about keeping sidewalks safe. COUNCIL REQUEST ITEMS Councilmember Polehna thanked Cub Foods for helping Yellow Ribbon 34th MP picnic. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourned at 8:46 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2022-104, Stillwater Human Rights Award - Student Leadership Council of Stillwater Area High School Resolution 2022-105, Approving Flexible Work Arrangement Policy Resolution 2022-106, Approving Authorizing Execution of Replacement Taxable Tax Increment Revenue Notes and Authorizing a Termination of Remarketing Agreement Resolution 2022-107, Resolution Ordering Preparation of Feasibility Report for 2023 Street Improvement Project (Project 2023-02) Resolution 2022-108, Approve Plans & Specifications and Ordering Advertisement for Bids for the Downtown Manhole Rehabilitation Project (Project 2022-05) Ordinance No. 1189, an Ordinance Establishing a Procedure for Consumer Adjustments to Utility Bills Page 8 of 8 Page 1 CITY OF STILLWATER LIST OF BILLS 292 Design Group Accurate Radar Specialties Action Rental Inc. Adam's Pest Control Advance Auto Parts AMI Consulting Engineers PA Arrow Sports Group Aspen Mills B&B Commercial Coating BCA Training BDI Gopher Bearing BHE Community Solar Bolton & Menk Inc. BridgeTower OpCp LLC CDW Government Inc. Century Fence Company Century Link Century Power Equipment Cintas Corporation CivicPlus Coca-Cola Distribution Cornerstone Land Surveying Cub Foods Curb Masters Inc. Dakota County Technical College Dalco Davey Tree Expert Co Deneen Pottery DERO Play Core ECM Publishers Emergency Automotive Emergency Medical Products England Alex Evident Inc. Fastenal Company Ferguson Waterworks #2518 Force America Golden Expert Services Grafix Shoppe Grainger Granicus Inc Guardian Supply Hamond Steve Hawkins Inc Heritage Embroidery & Design St. Croix Valley Study Calibration of radar unit Mixing trailer and concrete Pest control Equipment repair supplies Riverbank Stabilization Concession supplies Uniform & supplies Sand blast Training Bearings TV Solar Energy Sanitary sewer structure project Manhole Rehab Project Supplies Olive st fence repairs Telephone Supplies Uniforms & towels Municode supplement pages Beverages for concessions Lumberjack Landing Trail land survey Grocery Spring project Training Wasp spray Tree removal Norg tankard - mugs Hoop racks Publications Magnetic mic clip First aid supplies Reimburse for notary fee Syringe evidence tubes Uniform shirts Water Meters Data plan Janitor Service Graphics Equipment Qtrly web streaming service Uniforms & supplies Safety zone buoys Chemicals Uniform Tshirts 2,200.00 565.00 295.00 170.00 338.30 10,093.75 240.91 749.70 39,000.00 75.00 46.79 7,041.16 7,250.00 150.85 32.22 1,350.00 503.06 196.49 596.85 1,851.60 711.27 8,675.00 148.20 10,732.97 1,000.00 60.05 4,450.00 1,579.25 2,676.45 123.50 29.96 356.45 20.00 121.34 1,226.73 1,488.88 220.00 4,000.00 144.84 761.62 2,123.31 5,151.36 700.00 3,986.80 432.50 Page 2 Holiday Companies Huebsch Service Ideal Construction Services Jaytech Inc Jefferson Fire and Safety Inc. Junker Brad Lake Country Door LLC Lawson Products League of MN Cities LeVander Gillen Miller PA Linde Gas & Equipment Lindstrom Solar LLC Lockridge Grindal Nauen PLLP Loffler Companies Lynn Peavy Company Mansfield Oil Company Marie Ridgeway & Associates Menards Miller Excavating Minneapolis Oxygen Company Minnesota Mayors Association Minnesota Sodding Company MN Dept of Health Drinking Water MN Rural Water Association MP Asphalt Maintenance LLC My Alarm Center Office Depot Oxygen Forensics Inc Parts Alliance North Quadient Leasing Quill Corporation Riedell Shoes Inc. Ries Farms LLC Robole Donna Sentry Systems Inc. Shilts Cindy Sonetics Special Event Safety Seminars St. Croix Boat and Packet Co. Stillwater Glass Inc. Stillwater Motor Company Stillwater Turf & Power LLC Sunram Construction T.A. Schifsky and Sons Titan Machinery Shakopee Town & Country Fence Tri-State Bobcat Vehicle washes Mat cleaning service Repair mens restroom door Bellacide Equipment Reimbursement Door repair Equipment repair supplies Membership Professional Services Cylinders Solar Energy Labor Relations Equipment & software Supplies Fuel Mandatory check ins Supplies Asphalt & clean concrete Lanthanated tungsten Membership Soccer & football layouts Water Connection Fee Exam refresher Crack sealing Alarm Monitoring Services Office supplies Advanced Analysis Equipment repair parts Postage machine lease Supplies Skates Dirt disposal Reimbursement Alarm monitoring Reimburse for fuel 2 way radio Special Events Mgmt Seminar Arena Billing June & July Mirrors installed Vehicle repairs Fuel cap Riverbank Stabilization Aggregate Equipment repair parts Chain link fence installed Skid -Steer Loader trade in 155.00 807.17 1,400.00 420.45 1,681.11 429.63 2,622.28 124.63 18, 217.00 17,792.82 63.33 7,534.94 3,333.33 66,300.49 190.35 7,871.27 230.00 3,788.58 16.50 115.04 30.00 1,507.35 31,756.00 600.00 25,330.00 110.37 146.88 2,395.00 708.96 455.01 317.12 52.25 146.97 594.09 140.85 20.00 175.00 1,398.00 139,181.32 864.83 504.91 13.65 290,223.28 3,223.50 613.65 7,048.00 12,000.00 Page 3 Tru Green Uline Inc Ursel Ben & Stacey Winnick Supply Wolf Beth WSB & Associates Inc. Xcel Energy LIBRARY 16 Wins Ace Hardware Amazon Business Brodart Co Chan Karen Cole Papers Comcast Culligan of Stillwater H W Wilson Huebsch Service Jacobsen Aurora Kaericher Jodi Library Ideas LLC Loffler Companies Master Mechanical Inc. Menards Midwest Tape Office of MN IT Services Open Eye Theatre Otis Elevator Company Winkler Lisa D. Lawn service Supplies Utility Billing Refund Tools Reimbursement MS4 Services Energy Website Maintenance Snow Thrower Supplies Materials Programs Janitorial Supplies Internet Water Materials Towels and Rugs Staff Reimbursement Staff Reimbursement Materials 2 Network Switches HVAC Repair Cooling Leak Janitorial Supplies Materials Phone Programs Maint. Agreement Advocacy Workshop 126.00 4,310.27 265.08 100.98 182.72 2,897.67 49,575.54 380.00 1,599.14 282.41 8,434.13 350.00 317.53 188.10 112.75 295.70 223.17 67.34 296.68 1,576.35 16,434.52 2,598.96 49.59 391.55 148.35 300.00 638.34 2,580.00 iliwater THE B I R TH P i AC E OF MINNESOTA DATE: Sept. 6, 2022 TO: Mayor and City Council FROM: Kori Land, City Attorney SUBJECT: CBD Retail Establishment License Ordinance BACKGROUND The City has been studying regulations surrounding CBD since last November. Zoning regulations have been reviewed by the Planning Commission and Council. The licensing ordinance can be summarized as follows: • Defining CBD products into 2 types: intoxicating and non -intoxicating o Intoxicating products means the products that produce intoxicating effects and have more than a trace amount of THC. They are products that include but are not limited to products made with Delta 8, 9 and 10. o Non -intoxicating products means products that do not produce intoxicating effects. • Defining CBD retail establishments as a business that derives more than 50°/0 of its gross revenue from the sale of CBD products • Defining incidental CBD sales as those CBD sales that are not part of the primary business or do not make up a majority of sales for the business. (i.e. massage therapy businesses, drug stores, or gift shops who may have a kiosk with a few CBD products) • Allowing only CBD retail stores to sell intoxicating CBD products. No other business can sell intoxicating CBD products • Requiring CBD retail stores to have a license from the city and the city will only issue 2 licenses • License applicants will have to undergo a background check, pay a license fee, and submit proof of insurance to the city • Licenses are not transferable from person to person or place to place • No one under 21 is allowed to enter a CBD store • No one under 21 can sell intoxicating CBD products • Signage must be displayed about the legal sales age, and proof of age by photo ID must be shown for each sale • It is illegal for anyone under 21 to purchase, use or possess intoxicating CBD products, unless it is medical marijuana • No internet sales, deliveries or mobile unit sales are allowed • No sampling is allowed • Compliance checks will be conducted at least annually • No product can contain more than .3% TCH (state law) License applications will be accepted after October 1 and the first license term will run from time of approval through December 31, 2023. Upon adoption and publication of the zoning and licensing ordinances, the moratorium will automatically terminate. The first reading of the license ordinance was held on August 16. RECOMMENDATION Approve the Ordinance on final reading. ACTION REQUESTED Approval of an Ordinance Amending the Stillwater City Code by Enacting City Code Section 41-9 CBD Retail Establishment License Attachment: Ordinance 2 City of Stillwater Washington County, Minnesota ORDINANCE NO. 1190 AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ENACTING CITY CODE §41-9 CBD RETAIL ESTABLISHMENT LICENSE The City Council of Stillwater does ordain: SECTION 1 ENACTMENT. Stillwater City Code Chapter 41-9 is hereby enacted as follows: Sec. 41-9 — CBD RETAIL ESTABLISHMENT LICENSE Subd. 1. Purpose. Because the city recognizes that persons under the age of 21 years may purchase or otherwise obtain, possess and use intoxicating CBD products; and the sale of these products to persons under 21 years of age are violations of state and federal laws; and because the use of intoxicating CBD products by those underage subsequently places a financial burden on all levels of government, this chapter is intended to regulate the sale of intoxicating CBD products for the purpose of enforcing and furthering existing laws. Subd. 2. Definitions CBD means a compound of the cannabis plant known as cannabidiol. CBD retail establishment means a business that sells CBD products and derives more than 50% of its gross revenue from the sale of any CBD products (intoxicating and non -intoxicating) or related devices. CBD products means and includes industrial hemp products and hemp derived products. CBD incidental sales means any business that sells or provides CBD products as an incidental part of its business but is not a CBD retail establishment (intoxicating or non -intoxicating). Edible cannabinoid (CBD) product means any product that is intended to be eaten or consumed as a beverage, contains a cannabinoid in combination with food ingredients, and is not a drug. Hemp or Industrial Hemp means the "Industrial Hemp" definition provided under Minn. Stat. § 18K.02 subd. 3, as may be amended. Hemp manufacturing means the ability to facilitate the manufacturing of industrial hemp. Intoxicating cannabinoid (CBD) products means products made from substances extracted from certified hemp plants that produce intoxicating effects when consumed by any route of administration and have more than a trace amount of THC. Intoxicating CBD products include but are not limited to products made with Delta-8, Delta-9 and Delta-10. Medical cannabis means the definition provided under Minn. Stat. § 152.22, subd. 6, as may be amended. Medical cannabis distribution facility means a facility operated by a medical cannabis manufacturer for purposes of distributing medical cannabis in accordance with Minn. Stat. § 152.29, subd. 1(a), as may be amended, and the requirements of the commissioner of Minnesota department of health or other applicable state law. Nonintoxicating cannabinoid (CBD) product means products made from substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. THC means tetrahydrocannabinol. Subd. 3. CBD Retail Establishment License required. No person may operate a CBD retail establishment without first having obtained a CBD retail establishment license from the city. No person shall sell intoxicating CBD products except at a CBD retail establishment. (1) Application. An application for a CBD retail establishment must be made on a form provided by the city. The application must contain the full name of the applicant, date of birth, driver's license number, social security number the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, names of all managers, addresses, date of birth, driver's license number, and any additional information the city deems necessary. The city clerk, with the assistance of the police chief or the chief's designee, is responsible to see that background checks are done on all applicants and managers. Upon receipt of a completed application, the city clerk will forward the application to city council for action (2) After the city has received a completed application, including all required documentation, appropriate fees and a completed background investigation, the license will be submitted to the city council for consideration. (3) Incomplete applications will be rejected by the city clerk and will not be submitted to the city council. Subd. 4. Investigation. In order to protect the general welfare of the public, new and renewal license applications require a background investigation. The investigations will be conducted pursuant to this section. (1) Authorization. At the time of making an initial or renewal license application, the applicant must provide written authorization to the city to investigate all 2 facts set out in the application and to do a background investigation on the applicant. The information obtained from the investigation shall be used to assist the police chief in making a recommendation as to whether the applicant should be granted a license. The recommendation may be based on any of the following criteria: a. Whether the applicant was convicted of a crime or offense in the last five years involving or directly relating to the business for which a license is sought; b. Whether there is a material misrepresentation in the application c. Any of the reasons for denial in city code Sec. 41-9 subd. 10. (2) Investigation fee. All applicants that must undergo a background investigation must pay an investigation fee with the license application. The city council establishes the investigation fees by city council resolution. Subd. 5. Insurance. The applicant must file with the city clerk a certificate of insurance from an insurance company duly licensed and qualified to do business in the state, on a form approved by the city. (1) Coverage requirements. The insurance policy certified must provide coverages and amounts as required by state law and by the city. (2) Coverage changes and cancellation. The applicant may not cancel or change the insurance without 30 days' prior written notice to the city clerk. The certification of insurance must be continuously in effect until 30 days after receipt of the written notice of cancellation or change. Subd. 6. Term. All licenses issued under this section are valid from January 1 and terminate on December 31 of each calendar year. Subd. 7. Limit on licenses. No more than two (2) CBD retail establishment licenses shall be issued at any one time. In the event that more than two applications are submitted at the same time, then a point system shall be used to determine which businesses are issued the two (2) licenses, with one point for each of the criteria below: (1) It is an existing business that has been established at the location for more than 6 months or it is a business applying for a renewal application. (2) The CBD retail establishment location is a legal conforming use. (3) The applicant/owner is a Stillwater resident. (4) A completed application was submitted that complies with all information required and fees paid. The two applications with the highest number of points shall be issued a license. In case of a tie, the licenses shall be determined through a drawing by the Mayor. 3 Subd. 8. Fees. No license may be issued under this section until the appropriate license fee is paid in full. Fees shall not be pro -rated for a license that is issued mid -year. Subd. 9. Exceptions. No license shall be required for the following: (1) Medical marijuana distribution facilities licensed or approved by the State. (2) The sale of non -intoxicating CBD products, which may be sold in any business establishment in the CA, CBD, VC, BP-C, BP -I, BP-0 or HMU zoning districts. Subd. 10. Basis for denial of license. Any one of the following are grounds for denying the issuance or renewal of a license under this section; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. If a license is mistakenly issued or renewed to a person, it will be revoked upon the discovery that the person was ineligible for the license under this subdivision. (1) The applicant is under the age of 21 years. (2) The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision, or other regulation relating to marijuana or CBD products. (3) The applicant has had a license to sell CBD products suspended or revoked by the city or any other jurisdiction during the 12 months preceding the date of application. (4) The applicant fails to provide any information required on the application or provides false or misleading information. (5) The applicant is prohibited by federal, state or other local law, ordinance or other regulation, from holding such a license. (6) The location proposed is or has been maintained as a public nuisance, place of unlawful assembly, disrepute or criminal activity. (7) The applicant is applying for a location in an area that is prohibited for such use by state law or the city zoning Code or where the property line is within 500 feet of a school or church. (8) Real estate taxes or assessments for the premises on which the business is located are delinquent and unpaid. (9) The applicant owes outstanding fees to the city. (10) The applicant already has a CBD retail establishment license from the city. Subd. 11. Transfers. All licenses issued under this section are valid only on the premises for which the license was issued and only for the person to whom the license was issued. The transfer of any license to another location, business or person is prohibited. 4 Subd. 12. Display. All licenses must be posted and displayed in plain view of the general public on the licensed premise. Subd. 13. Renewals. The renewal of a license issued under this section must be handled in the same manner as the original application. The request for a renewal must be made at least 60 days before the expiration of the current license. Subd. 14. Performance Standards. All CBD retail establishments must meet the following conditions: (1) CBD products and edible CBD products may be sold for human or animal consumption only if all of the packaging requirements of Minn. Stat. § 151.72 subd. 3, or as may be amended. (2) No CBD product may contain more than 0.3% of THC. (3) No edible CBD product can contain an amount of any TCH that exceeds 5 mg per serving or 50 mg per package. (4) No intoxicating CBD product may be sold to anyone under the age of 21. (5) No one under 21 shall be allowed to enter an CBD retail establishment that sells intoxicating CBD products. (6) Any person selling or distributing licensed products shall require proof of age by means of government issued photographic identification from the prospective purchaser showing purchaser is 21 years old or older. (7) Signage identifying the legal sales age and the age verification requirement shall be posted at the point of sale. The required signage shall be posted in a manner so that it is clearly visible to anyone who is considering or making a purchase. (8) No one under 21 shall sell intoxicating CBD products. (9) CBD products must comply with the testing requirements in Minn. Stat. § 151.72 subd. 4, as may be amended. (10) CBD products must comply with the labeling and packaging requirements of Minn. Stat. § 151.72 subd. 5 and 5a, as may be amended. (11) Intoxicating CBD products cannot be sold in vending machines, by transient merchants, peddlers, by a moveable place of business, through a drive - through or by internet sales for in-store pick up. (12) Intoxicating CBD products cannot be sold at exclusive liquor stores. (13) Intoxicating CBD products cannot be delivered to a location outside of the CBD retail establishment. 5 (14) No sampling is allowed. (15) No on -site entertainment is allowed. (16) No flavored inhaled intoxicating CBD products may be sold. (17) No gels, powders or other forms of intoxicating CBD that are mixed with liquid may be sold. Subd. 15. Compliance checks and inspections. All licensed premises must be open to inspection by the local law enforcement or other authorized city official during regular business hours. From time to time, but at least once per year, the city must conduct compliance checks by engaging persons between the ages of 17 and 21 years, to enter the licensed premises to attempt to purchase intoxicating CBD products. Compliance checks using persons under the age of 18 shall require parent or guardian consent. Persons used for the purpose of compliance checks must be supervised by designated law enforcement officers or other designated city personnel. Persons used for compliance checks are not guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of intoxicating CBD products when the items are obtained or attempted to be obtained as a part of the compliance check. No person used in compliance checks may attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check may answer all questions about the person's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section prohibits compliance checks authorized by state or federal laws for educational, research or training purposes, or required for the enforcement of a particular state or federal law. Subd. 16. Penalties. Any license issued under this section may be revoked or suspended. In addition, any person who violates any provision of this ordinance is subject to the general penalties section of city code section 22-11. Subd. 17. Prohibited Acts. (1) Legal age. It shall be unlawful for any person to sell, purchase, obtain or otherwise provide any intoxicating CBD product to any person under the age of 21. (2) Illegal possession. It shall be unlawful for any person under the age of 21 to possess any intoxicated CBD product. This chapter shall not apply to persons under the age of 21 lawfully involved in a compliance check. (3) Illegal use. It shall be unlawful for any person under the age of 21 to use any intoxicating CBD product, unless it is legally authorized medical marijuana. (4) Use of false identification. It shall be unlawful for any person under the age of 21 to attempt to disguise the person's true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with, to 6 represent an age older than the actual age of the person, in order to purchase any intoxicating CBD product. SECTION 2 FIRST YEAR LICENSE TERM. Any initial license issued after adoption of this ordinance shall be for a term from the date of issue through December 31, 2023. No application shall be accepted before October 1, 2022. SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The City is enacting license regulations for retail sales of intoxicating CBD products, which are limited to being sold at exclusive CBD stores only, and only 2 licenses will be issued. SECTION 4 INTERIM ORDINANCE TERMINATION. Upon the Effective Date of this Ordinance, Interim Use Ordinance No. 1178 adopted on November 16, 2021, shall automatically terminate. SECTION 5 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 6th day of September, 2022. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 7 iliwater THE B I R TH P i AC E OF MINNESOTA DATE: September 1, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: City Hall Elevator Maintenance Service Contract Extension BACKGROUND The City currently has a contract with Otis Elevator to provide full preventative maintenance service on the elevator in City Hall. The contract term with Otis Elevator was month to month until terminated. This past Spring, Otis Elevator provided a contract extension offer for 5 or 10 years. Mick Griener our Facilities Manager accepted the offer for 5 years with the intent to go out for bid upon expiration. Due to the change of terms in the contract, City Council needs to officially approve the contract extension. RECOMMENDATION Staff recommends approving the contract extension with Otis Elevator for preventative maintenance service on the elevator in City Hall. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion to approve the contract extension with Otis Elevator for preventative maintenance service on the elevator in City Hall. ti 1 1wa ter THE BIRTHPLACE OF MINNESOTA DATE: September 1, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: City Hall Exhibit Wall and Display Case BACKGROUND City Hall houses several departments that work "behind the scenes" supporting the functions of the city. An exhibit case is planned to be installed to show the public what these departments do as well as well as how their duties have changed over time. We have several artifacts that have been stored in the basement that the public may find interesting and the display case will help keep these items preserved and become a valuable collection. The display case will be similar to the display case in the Police Department in the lower level of City Hall and the Fire Station exhibit in their main lobby area. The City Hall display case will be located on 2nd floor across from the main desk side window in the alcove. A display wall is also planned as part of this project. The display wall will be located in the main lobby between the doors to Room 213 and Council Chambers. This display will emphasis the history of the City Hall building itself and how it has changed over the years. A third exhibit was planned for the stairway between 2nd and 3rd floor but do to funding, it has been cut from the project. The clerk's office has retained a firm that can achieve the goals set to accomplish this project and funding will come from our data retention general fund account. RECOMMENDATION Staff recommends entering into an agreement with Museology, LLC for the installation of a lobby exhibit case and display wall in City Hall. ACTION REQUESTED If council concurs with staff recommendation, they should pass a motion to approve entering into an agreement with Museology, LLC for the installation of a lobby exhibit case and display wall in City Hall. c?a MUSEOLOGY Preliminary Statement of Work Stillwater City Hail Submitted by Museology, LLC, January 31, 2022 Introduction The Stillwater City Hall seeks exhibits for public spaces. Museology proposes three separate, but related, projects. For each project, a work schedule and payment plan will be developed as part of a contract. Project 1: Lobby Exhibit Case This exhibit will focus on City Hall staffs' function and duties, and how they have changed over time. It's likely that the general public is unaware of the scope and variety of functions that City Hall staff are responsible for. Identifying and describing these functions, and illustrating them with related objects and human -interest stories, will help the public understand the vital services provided by City Hall. The exhibit will be housed in a built-in case in a niche presently occupied by a countertop/desk. The case will be designed to coordinate with the aesthetics of the building, and will provide security for objects housed within it. Objects might include ledgers, surveying equipment, plat maps, seals, and other items in the city's collections. The exhibit's development will take place through five steps, parts of which will take place concurrently: 1. Research, Object and Image Selection, and Script Writing Research will involve identifying and interpreting the various functions of City Hall staff. It will rely heavily on interviews and conversations with staff, with additional research in the city's archives, the Washington County Historical Society, and the Minnesota Historical Society. When the stories to be told have been identified, Museology will work with City Hall staff to identify and select images and objects to support them. Finally, the stories will be developed in a script which will be presented through graphic design. For readability, exhibit scripts need to be brief, concise, accessible, and eye-catching. Museology follows the principles of plain language (https://www.olainla guage.gov/guidelinesf). 2. Graphic Design and Production Graphic design is the interface through which the public will experience the exhibit. Graphic design combines the script with images, and works in conjunction with the arrangement of objects. 3. Exhibit Case Design and Production As mentioned above, the design of the exhibit case will coordinate with the building in style and materials. All casework and related exhibit furniture will be built according to the standards of the Architectural Woodwork Institute(https:Nwww.awinet.orglstandardsfstandards-overview). 4. Object Mounts Design and Production Object mounts are necessary to safely exhibit collections objects. They are made of chemically inert materials, and are designed to be sturdy but unobtrusive. Each object will be examined and evaluated for the type of mount needed, and a custom mount will be produced for each object. For some complex mounts, it may be helpful to bring the object to Museology's shop for fitting. 5. Delivery and Installation Museology will deliver and install all exhibit related materials. If possible, we would prefer to work after hours when the building isn't open to the public. Step Budget 1. Research, Object and Image Selection, Script Writing $1,000 2. Graphic Design and Production $1,300 3. Exhibit Case Materials and Labor $3,000 4. Object Mounts Materials and Labor $1,000 5. Delivery and Installation $1,000 Total $7,300 Project 2: Lobby Wall Display Museology proposes that this exhibit focus on Stillwater's city halls and related buildings. This exhibit would be graphic oriented with limited text. Its location in a high traffic area between two doors suggests that it should stay close to the wall, perhaps projecting no more than 6 inches. Step Budget 1. Research, Image Selection and Preparation, Script Writing $1,000 2. Graphic Design and Printing $1,200 3. Delivery and Installation $400 Total $2,600 Stillwater THE B R T H P I A 1 1 OF MINOA AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 6th day of September, 2022, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Museology, LLC., 2025 27`h Avenue S, Minneapolis, MN 55406 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for Services to install an exhibit case and wall display in City Hall; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated January 31, 2022, incorporated herein as Exhibit A; (Hereinafter "Exhibits.") b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance ofthis Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance ofthis Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Beth Wolf, City Clerk to act as the City's representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Larry Hutchings to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as 2 necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Beth Wolf Or e-mailed: bwolf(ciici.stillwater.mn.us If to Contractor: Museology, LLC 2025 27th Ave S Minneapolis, MN 55406 Attention: Larry Hutchings Or emailed: larry@muscology-mn.com museoloay-mn.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. b. c. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. 3 d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this Mayor and Beth Wolf, City Clerk for the City of Stillwater. CONTRACTOR STATE OF MINNESOTA COUNTY OF of , 2022 by Ted Kozlowski, Notary Public Commission Expires: I/ Commissioned At: MUSEOLOGY, LLC By: By (Please Print): Title (Please Print): ) ss. The foregoing instrument was acknowledged before me this of , 2022 by , its for Notary Public Commission Expires: / / Commissioned At: 4 iliwater THE 6 I RTH PLACE OF MINNESOTA DATE: August 30, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Appointment to Downtown Parking Commission The Downtown Parking Commission currently has two openings. Staff published for the openings and received one application. The Chair and Council representative recommend to appoint Paul Kaufer to fill an opening. It will be a partial term expiring May 1, 2024. Staff will publish again for the remaining open seat on the commission. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion to approve the appointment of Paul Kaufer to the Downtown Parking Commission, with a partial term ending May 1, 2024. FIRE SERVICE CONTRACT BETWEEN THE CITYOF STILLWATER AND STILLWATER TOWNSHIP THIS AGREEMENT, ("Agreement") is made and entered into this day of 2022, ("Effective Date") by and between the CityofStillwater, Washington County, Minnesota, 216 North Fourth Street, Stillwater, Minnesota 55082, a public corporation ("City"), and Stillwater Township, Washington County, Minnesota, 13636 90th Street North, Stillwater, Minnesota, 55082, a public corporation ("Township"). ARTICLE 1 THE AGREEMENT A. Purposes. The purpose of this Agreement is to define the rights and obligations ofthe City and Township with respect to the fire services provided by the City forthe term ofthis Agreement. B. Cooperation. The City and Township shall cooperate and use their best efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The parties agree in good faith to undertake resolution ofdisputes, ifany, in an equitable and timely manner. C. Term. The term of this Agreement shall commence on January 1, 2023 and shall terminate on December 31, 2025, unless otherwise terminated by either party after the applicable notice period pursuant to Article 6 ofthis Agreement. D. Service Contract. This is a service contract. The parties do not intend to undertake or create, and nothing herein shall be construed as creating ajoint powers agreement, joint venture, orjoint enterprise between the parties. E. Service Territory. City shall provide fire services as indicated in this Agreement to the area in Township, which is specifically identified on the map attached hereto as ExhibitA and made part of this Agreement. The identified area shall constitute the Township's service territory for the purposes ofthis Agreement. ARTICLE 2 FIRE SERVICE A. Fire Service. Township agrees to purchase from City, and City agrees to provide Township, fire -related services including deployment of firefighting personnel and/or equipment to extinguish a fire or perform any preventative measure in an effort to protect equipment, life, or property in an area threatened by fire. It also includes the deployment offirefighting personnel and/or equipment to provide fire suppression, rescue, extrication, and any other services related to fire and rescue as may occasionally occur. B. Allocation of Resources. The parties understand the City's fire department officer in charge ofthe particular scene shall exercisejudgementto determine, in consideration ofall the established policies, guidelines, procedures, and practices, how best to allocate the available resources of the City's fire department under the circumstances of a given situation. Failure to provide fire services because of poor weather conditions or other conditions beyond the control of the City shall not be deemed a breach of this Agreement. C. No Guarantee. The parties understand and agree City will endeavor to reasonably provide the services indicated above given the circumstances, but City makes no guarantees that the services it actually provides in a given situation will meet any particular criteria or standard. The City and its officers, employees and volunteers shall not be liable to the Township or any other person for failure to furnish assistance under this Agreement or for recalling assistance. ARTICLE 3 PAYMENT A. Payment. Township agrees to make payment to City during the term of the Agreement in an amount specified in the City's Fire Services Contract Cost Allocation, attached as Exhibit B to this Agreement ("Payment"). One half of the Payment shall be made on or before July 1 of each year and the balance shall be made on or before December 31 of each year. B. Emergency Service Charge. Township, in its sole discretion , may exercise its authority to impose and collect an emergency service charge on those receiving emergency services, including fire services, within Township. City shall have no right to, or interest in, any service fees collected by Township. If Township imposes an emergency service charge it shall provide City a list of the specific types of information it determines it needs collected in order to successfully impose and collect the charge. City shall make a good faith effort to collect the requested information for each service call to the service territory and promptly provide Township with the information it collected. C. Ownership. City owns the buildings and equipment associated with the City fire department and the amounts paid by Township do not give rise to any ownership interest in, or responsibility toward, those items. ARTICLE 4 CITY OF STILLWATER'S RESPONSIBILITIES In addition to any other obligations described herein, City shall: A. Authorize and direct the City fire department to provide the fire services described herein to Township's service territory; B. Develop a detailed annual operational budget for the City fire department for each year during the term of this contract by the Effective Date and present it to Township along with sufficient information to explain the items included in the budget figures; C. Upon Township's request, provide Township access to financial and cost data related to the City fire department for five (5) years prior tothe current service year; D. Disclose to Township any proposed action City or the City fire department intends to take that can reasonably be expected to effect the Insurance Services Office Fire Protection Grade in the service territory or City's ability to provide the fire services indicated above; and E. Promptly disclose to Township any information City can reasonably anticipate will directly affect its ability to perform its obligation under this Agreement. ARTICLE 5 STILLWATER TOWNSHIP'S RESPONSIBILITIES In addition to any other obligations described herein, Township shall: A. Promptly pay City the Payments as indicated above for the year of service, or a prorated share of the Payments for the length of service actually provided if the contract is terminated early; B. Present a budget and levy proposal to the Township electors at each annual Township meeting during the term of this Agreement seeking authority to levy funds as needed to pay the Annual Payment. C. Promptly disclose to City any information Township can reasonably anticipate will directly affect its ability to perform its obligation under this Agreement. It is understood and agreed that Township shall have no responsibility whatsoever toward the City firefighters or other emergency personnel including any employment related issues such as training, supervision, performance reviews, discipline, compensation, benefits, insurance coverages, compliance with any employment related federal, state, and local laws and rules such as OSHA, ERISA, RLSA, FMLA, or any other employment related issues. It is further agreed that Township has no responsibility, beyond paying the agreed upon Annual Payment, for acquiring, operating, maintaining, housing, or replacing equipment as needed to provide the fire services described herein. ARTICLE 6 TERMINATION This Agreement may be terminated at any time during its term by mutual agreement of the parties. Either party may terminate this Agreement by personally serving a 120- day written notice of termination on the other party. This Agreement shall terminate 120 days from the date of personal service of the written termination notice unless the party serving the notice withdraws the notice in writing before it is effective. If Township fails to pay for the service according to the schedule established herein, City may terminate this Agreement 60 days from the date of personal service of written termination notice. Any notice required to be served under this Article shall be served on the authorized representative according to the provisions of Article 9(a) of this Agreement. ARTICLE 7 INSURANCE City shall maintain general liability insurance for its services and shall include Township as an additional insured for the term of this Agreement and any extensions thereof. The City shall maintain insurance equal to or great than the maximum liability applicable to municipalities as set forth in Minnesota Statutes, Section 466.04, subdivision 1, as amended. City shall also maintain inland marine, automobile, and property insurance coverages. City shall provide Township proof of such insurance coverages and the additional insured endorsement naming the Township annually by the Effective Date of this Agreement. City shall also maintain workers' compensation coverage as required by law. ARTICLE 8 INDEMNIFICATION City shall defend, indemnify and hold harmless Township and its officials, employees and agents from any claim, demand, action or suit filed against Township or any of its officials, employees or agents relating to any bodily injury, including death, loss or property damage caused by, arising out of, related to or associated with the City's performance under this Agreement. Nothing in this Agreement may be construed as a waiver of any statutory or common law defenses, immunities, or limits on liability. Under no circumstances, however, shall City be required to pay on behalf of itself and Township, any amounts in excess of the limits on liability established in Minnesota Statutes, Chapter 466 applicable to any one party. The limits of liability for Township and City may not be added together to determine the maximum amount of liability for City. ARTICLE 9 GENERAL PROVISIONS A. Notices. All notices or communications required or permitted pursuant to this Agreement shall be either hand delivered or mailed to the City and Township, certified mail, return- receipt requested, to the authorized representative at the following address: City of Stillwater: Joseph Kohlmann, City Administrator 216 North Fourth Street Stillwater, Minnesota 55082 Stillwater Township: Barbara Riehle, Township Clerk 13636 90th Street North Stillwater, Minnesota, 55082 Either party may change its address or authorized representative by written notice delivered to the other party pursuant to this section. B. Waiver. Nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. The waiver of any of the rights and/or remedies arising under the terms of this Agreement on any one occasion by any party hereto shall not constitute a waiver or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive. C. Modification. This writing contains the entire agreement between the parties and no alterations, variations, modifications, or waivers of the provisions of this Agreement are valid unless reduced to writing, signed by the authorized representative of both City and Township, and attached hereto. D. Subcontracting & Assignment. City shall not subcontract or assign any portion of this Agreement without prior written approval from Township. Services provided to Township pursuant to a mutual aid agreement City has, or may enter into, with another entity does not constitute a subcontract or assignment requiring prior approval of Township so long as City remains primarily responsible for providing fire services to Township's service territory. E. Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Minnesota. All proceedings related to this Agreement shall be venued in the State of Minnesota. F. Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the validity and enforceability of the remaining portions of this Agreement. G. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. H. Parties in Interest. This Agreement shall be binding upon and insure solely to the benefit of the parties hereto and their permitted assigns, and nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature under or by reason of this Agreement. I. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original document and together shall constitute one instrument. J. Captions and Headings. Captions and headings used in the Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of the intent of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. CITY OF STILLWATER By: By: Ted Kozlowski Its: Mayor Beth Wolf Its: City Clerk STILLWATER TOWNSHIP By: By: Sheila -Marie Untiedt Its: Chair rba�a Riehl Its: T wnship Clerk EXHIBIT A A-1 FIRE CONTRACT CALCULATION-2023 EXHIBIT B - COST ALLOCATION COMBINED AVERAGES FIRE RUNS ASSESSED VALUATION ESTIMATED POPULATION ESTIMATED HOUSEHOLDS TOTAL AVERAGE ***** From Exhibit B ***** Stillwater City 85.08% 69.24% 78.81 % 79.47% 312.60% 78.16% Grant City 4.52% 9.79% 6.97% 6.52% 27.80% 6.95% May Township 4.16% 10.65% 6.58% 6.58% 27.97% 6.99% Stillwater Township 6.24% 10.32% 7.64% 7.44% 31.64% 7.90% Total 100.00% 100.00% 100.00% 100.01 % 400.01% 100.00% COST OF FIRE PROTECTION Actual Costs 2021 NOTES Operating Costs $2,127,328 Depreciation $469,510 Administration (.05% of Operations) $10,637 Total $2,607,475 2023 Proposed Contract Amount 2022 Actual Contract Amount $ Increase (Decrease) (2) Proposed 2024 Contract 3% Proposed 2025 Contract 3% Total 3 Year Contact COST ALLOCATION (1) Stillwater City $2,038,002 Grant City $181,220 $160,360 $20,860 $186,657 $192,257 $560,134 May Township $182,263 $161,497 $20,766 $187,731 $193,363 $563,357 Stillwater Township $205,991 $189,019 $16,972 $212,171 $218,536 $636,698 Total (1) The cost allocation is derived by multiplying combined five-year average. (2) 2023 Proposed Contract Amounts as compared $2,607,476 $510,876 $58,598 the total fire protection cost by each service area's to 2022 Actual Contract Amounts FIVE YEAR AVERAGE EXHIBIT B - FIVE YEAR AVERAGES % of Total 5 YEAR AVERAGE 2021 2020 2019 2018 2017 SCHEDULE A. FIRE RUNS Stillwater City 85.09% 1,677 1919 1578 1728 1538 1621 Grant City (1) 4.52% 89 96 88 93 82 86 May Township (2) 4.16% 82 98 87 69 76 78 Stillwater Township 6.24% 123 130 148 122 104 109 Total 100.01% 1,971 2,243 1,901 2,012 1,800 1,894 SCHEDULE B. TOTAL TAX CAPACITY (Amounts expressed in thousands) Stillwater City 69.24% $27,149 $30,711 $29,396 $26,959 $25,301 $23,379 Grant City (1) 9.79% $3,840 $4,127 $4,153 $3,771 $3,627 $3,523 May Township (2) 10.65% $4,175 $4,609 $4,443 $4,096 $3,989 $3,738 Stillwater Township 10.32% $4,048 $4,527 $4,491 $3,888 $3,822 $3,513 Total 100.00% $39,212 $43,974 $42,483 $38,714 $36,739 $34,153 SCHEDULE C. ESTIMATED POPULATION Stillwater City 78.81% 19,658 19,464 19,394 19,767 19,915 19,748 Grant City (1) 6.97% 1,738 1,720 1,707 1,748 1,765 1,752 May Township (2) 6.58% 1,642 1,616 1,602 1,633 1,700 1,658 Stillwater Township 7.64% 1,905 1,856 1,866 1,910 1,954 1,937 Total 100.00% 24,943 24,656 24,569 25,058 25,335 25,095 SCHEDULE D. ESTIMATED HOUSEHOLDS Stillwater City 79.47% 7,705 7,768 7,750 7,703 7,674 7,630 Grant City (1) 6.52% 632 626 625 638 635 638 May Township (2) 6.58% 638 641 635 635 643 636 Stillwater Township 7.44% 721 716 718 714 726 730 Total 100.01% 9,696 9,751 9,728 9,691 9,677 9,634 (1) 43% OF ACTUAL (2) 60% OF ACTUAL COST OF FIRE PROTECTION 2021 Actual Operating Costs: Expenditures for 2021 2,127,328 Other 0 Total Expenditures 2,127,328 Less: Capital Outlay* Severance pay 0 Fire Relief Association 0 Sesquicenntial 0 Total deductions 0 2,127,328 Depreciation: Fire 464,019 Fire Donated 5,491 Total Depreciation 469,510 Administration (.05% of Operations) 10,637 TOTAL COST OF FIRE PROTECTION 2,607,475 itlliwater „„) Administration TO: Mayor and City Council Members FROM: Joe Kohlmann, City Administrator Donna Robole, Human Resources Manager DATE: September 6, 2022 SUBJECT: Flexible Work Arrangement Policy with Council Recommended Revisions BACKGROUND The City of Stillwater City Council approved a Flexible Work Arrangement Policy for city staff on August 16 with the provision that performance objectives be included with telework requests. The City's Flexible Work Arrangement subcommittee met, discussed, and revised the policy to include performance objectives. The language updates have been applied to the policy and the request form. For ease of locating the revisions, please see the yellow highlighted sections of the Flexible Work Arrangement Policy and Request Form. At the City, 90 percent of city staff work a traditional schedule, and 10 percent work a hybrid flexible schedule. Each supervisor works closely with their staff to focus on outcomes for those in both traditional and hybrid work settings. Thank you for your continued support as we lead innovative approaches to work outcomes that provide a competitive advantage. RECOMMENDED MOTION Motion to approve the updated Flexible Work Arrangement Policy. CITY OF STILLWATER Flexible Work Arrangement Policy Scope This policy governs work -life opportunities of employee groups with the City of Stillwater. All City of Stillwater employees (union or non -union, full time or part-time) may be considered for a flexible work arrangement with the following considerations: • Must be employed with the City for six or more months • Must have satisfactory performance Goal The City's goal is to maintain or improve employee productivity while providing employees scheduling options that foster a productive, healthy and safe workplace; and helps employees effectively integrate and manage their work and personal life responsibilities, and can enhance their overall well-being and improve job satisfaction. A flexible work arrangement is a business and workplace strategy, not an employee benefit or employee right, and approval or denial is at the sole discretion of the City. The City seeks to effectively address the personal needs of employees and the needs of their respective units and strives to provide for a responsibly managed workplace through careful selection, preparation, and accountability of supervisors, managers and leaders. Definitions Core Hours: A fixed block of time when staff are expected to be available. For the City of Stillwater, those hours are Monday through Friday between 9:00 a.m. and 3:00 p.m. Employees must be available during their normal work hours. Employees should be reachable by telephone, video conferencing or some other form of live communication during the workday, as per their arrangements with their supervisor and coworkers. Employee Responsibility: The City expects employees to contribute to a welcoming, inclusive and positive workplace; and support each other in effectively managing work and life responsibilities. Employees shall be held accountable for workplace behaviors consistent with all applicable City administrative policies, rules and collective bargaining agreements. Employer Responsibility: Leaders, managers and supervisors shall be held accountable (and recognized) for efforts that address the business needs of the City and promote employee well- being. Flexible Work Arrangements: Flexible work arrangements shall mean alternatives to the standard schedule for individual positions, including flex time and remote work arrangements. Well -Being: The physical, mental, psychological and emotional health of the employee. 1 City of Stillwater, Minnesota September 6, 2022 Types of Flexible Work Arrangements Flextime: An arrangement in which an individual's total number of hours worked over the course of a workweek (non-exempt employees) or a two -week pay period (exempt employees) does not change, but there is flexibility in an individual's scheduled starting and ending times. Flextime options can include: • Fixed starting/ending times that change periodically • Starting/ending times that vary by day (e.g. Four 9-hour days and one 4-hour day) Remote work arrangement: A regular, routine arrangement that allows the employee to perform a portion of their job outside of the City office. This type of arrangement specifies the number of hours to be worked outside of the office and the specific days on which the work will occur. Employees must be self-disciplined, self -motivated, and comfortable working away from the office and without direct oversight. Positions suited for remote work arrangements are those that can be performed successfully with minimal supervision and limited face-to-face contact. There are three types of remote work arrangements (telecommuting): • Intermittent - usually unplanned. Time is taken in separate blocks of time, or a reduced schedule, for a planned reason. An intermittent schedule is set at 12 occurrences per year. Permission should be documented and can be granted via e-mail exchange. Intermittent remote work does not require a formal written agreement and is dependent upon the mutual consent of the employee and their supervisor • Short -Term - an arrangement that is for two weeks or less and may not require a formal written agreement and is dependent upon the mutual consent of the employee and their supervisor • Long -Term - an agreement that lasts for more than two weeks, requires approval by supervisor and department head and meets all requirements as defined in this policy Process for Requesting a Flexible Work Arrangement 1. An employee must complete a flexible work arrangement request form and submit the form to their supervisor. 2. The supervisor will arrange a time with the employee to discuss the flexible work arrangement request. 3. Both the supervisor and the employee should use the meeting as an opportunity to ask clarifying questions and ensure that both the supervisor and the employee have the same mutual understanding about how the arrangement may work. 4. Performance Objectives: An employee pursuing a telework schedule will describe in writing how work will be monitored or evaluated, including details on measuring performance objectives. 5. The request should be modified as necessary based on the discussion. 6. The supervisor makes a determination as to whether the request is approved. 2 City of Stillwater, Minnesota September 6, 2022 7. If approved, the request will be submitted to the department head for final approval. The determination of the department head is final. 8. The department heads can submit an exception request to the City Administrator for review and approval. 9. The approved request is routed to Human Resources who places it in the Personnel file. 10. Approved requests expire after 12 months. Each year thereafter, the employee can request renewal and approval of same or modified request for another 12 months. Guidance for All Flexible Work Arrangements 1. A flexible work arrangement is intended to formalize a short-term or long-term arrangement. 2. Flexible work arrangements must comply with State and Federal employment laws that apply to all City employees. This includes, but is not limited to, the Fair Labor Standards Act (FLSA), which regulates payment of overtime for exempt and non-exempt employees and which, for non-exempt employees, governs matters such as required breaks. 3. Employees requesting a flexible work arrangement will evaluate: • How the proposed schedule will sustain or enhance the ability to get the job done and the ability of the work unit to maintain productivity and customer service • What potential challenges, including potential additional costs, could the requested alternative work schedule raise with: a. External or Internal Customers b. Co-workers c. Supervisor • What reasonable measurement would the employee propose for the employee and the supervisor to constructively monitor the alternative work schedule and assess performance (e.g., productivity and service) is meeting or exceeding expectations? 4. The supervisor will review and discuss request with employee ensuring that all aspects of the agreement are addressed. Factors to consider when determining if the employee is a candidate for telecommuting include but is not limited to: • Ability for the supervisor to maintain an office presence during normal business hours without the employee. • Ability to perform job duties from a remote location, e.g. not customer facing, does not provide office coverage, etc. • Ability to perform job duties during approved work schedule and be available during normal work hours. • Ability to monitor or measure employee's work product. • Availability of tools for remote work, i.e., VOIP, collaborative work forums such as Zoom, etc. The employee must be reachable by telephone, e-mail, and camera -on 3 City of Stillwater, Minnesota September 6, 2022 videoconferencing at a minimum. • Employee's past and current job performance. • Employee's work skills such as time management, organizational skills, self -motivation, ability to work independently, etc. 5. Flexible work arrangements must comply with all applicable City rules and regulations as well as any applicable departmental rules, policies and procedures. 6. The job duties, responsibilities and obligations of the position are not affected by a flexible work arrangement. 7. All employees with a flexible work arrangement must comply with overtime procedures as outlined in the Employee Handbook (non -union employees) or Labor Agreement (union employees). 8. Those with flexible work arrangements will be held to the same performance standards as they would if they did not have a flexible work arrangement. 9. Department heads are responsible for determining the job -related criteria that will be used to evaluate and approve employee requests for flexible work arrangements. Not all positions may be appropriate for flexible work arrangements. Seniority is not a basis for selecting employees for a flexible work arrangement. 10. Supervisors may need to temporarily adjust work schedules to meet the operational needs of the division. Employees must be able to report to work accordingly with little or no notice. 11. If an employee needs to temporarily deviate from their flexible work arrangement, the employee should seek and receive prior approval from their supervisor. Any changes to work hours should be reviewed and approved by the supervisor in advance. 12. If a holiday falls on a day when an employee is generally scheduled to work more than eight hours, the employee may either make those additional hours up elsewhere in the week (non- exempt employees) or pay period (exempt employees) or use vacation to supplement the rest of the scheduled workday. 13. Flexible work arrangements are not guaranteed or permanent. If the needs of the employer or the employee change, either party can request adjustments. The Supervisor/Department Head or the employee may cancel the arrangement by providing written notice up to 10 working days in advance, with a review and a determination occurring within the timeframe. Approved flexible work arrangements can be canceled at any time for any reason, by either party. 14. Those who are non-exempt (hourly) must report actual hours worked and may not work overtime or additional hours that generate night or weekend differentials, without advance approval. Differentials are not available if the employee chooses to work into the evening or weekend of their own benefit. 15. Approved requests must be reviewed and renewed annually. 16. Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA): This policy is not intended to cover situations in which an employee is requesting FMLA leave for 4 City of Stillwater, Minnesota September 6, 2022 qualifying reasons or is requesting that the employer provide an accommodation under the ADA due to a qualifying disability. Such requests must be directed to the Human Resources manager and appropriate procedures and paperwork completed. Remote Work Arrangement - IT Equipment and Work Supplies 1. Supervisors are responsible for determining the type of equipment and supplies needed to support a remote worker. The City will neither provide nor pay for remote connectivity, whether in whole or in part. 2. The City assumes responsibility for the maintenance and repair of all City -owned equipment, except in cases where damage occurs through an employee's gross negligence. 3. Equipment, hardware and software furnished by the City remains the property of the City and is subject to the same business use restrictions as if the equipment were located in the main business office. City -owned software should not be installed on employee hardware unless authorized by the City. Employee -owned software should not be installed on City -owned equipment. 4. All City -owned hardware, software, supplies, documents and other information or property remains the property of the City no matter where it is located, and shall be returned prior to termination of employment or at the request of the City. S. Remote workers will be responsible for promptly notifying their manager of an equipment malfunction, failure, theft or damage of City -owned equipment. If the equipment malfunction prevents the remote worker from performing assigned tasks, they must notify their supervisor immediately. They may be assigned to perform different tasks or to return to the City office depending on their particular circumstance. 6. City -provided equipment, software, data, and supplies and other equipment are solely for the purposes of conducting City business. 7. Office supplies needed for remote work will be obtained from the City office or through the normal supply procurement process. Reimbursement for supplies purchased outside of this process will not normally be allowed unless there has been prior agreement between the employee and their supervisor regarding the necessity for purchase outside the City process. Remote Work Arrangement - Data Privacy/Information Security 1. Provisions of the Minnesota Government Data Practices Act and program data privacy policies must be followed when performing work away from the City office. 2. Physical files and/or documents with private data (e.g. client files) may not leave the City office. 3. Remote workers must provide security for the data and information that is used outside the City office. 4. Access to shared drives will be completed only on City -owned hardware and via a Virtual 5 City of Stillwater, Minnesota September 6, 2022 Private Network (VPN) connection. All electronic work produced shall be saved on the City network. 5. Data created and maintained on a remote worker's personal device, if generated for the purpose of conducting City business, is subject to the City's record management and data privacy rules and regulations. This means that proper retention and disposal procedures as well as data privacy protections are required. Such data remains the property of the City. Remote Work Arrangement - Communication and Travel 1. Remote workers are responsible for having a designated work area that allows them to report to the office with one hour's notice or within the employee's normal commute, in the event an employee's commute is longer than one hour. 2. Travel to and from the main business office for purposes of meetings or other work requirements shall not be considered compensable hours and mileage will not be reimbursed. 3. A remote worker who is scheduled to work at home on a day that is declared to be an emergency closing is expected to work at home as scheduled. 4. Remote workers are expected to develop an effective communication strategy with their supervisor and other team members. It is expected that remote workers will be reachable by telephone or electronic communication during core and/or other agreed -upon work hours and that messages will be returned promptly, just as they would be if the employee were working at the City office. Additionally, employees and supervisors should participate in check -in meetings to ensure that the supervisor is fully apprised of the work that employee is performing, and to give the employee appropriate opportunities to seek guidance on their work. 5. Remote workers are expected to attend all assigned office meetings related to the performance of their job, including those scheduled on a day otherwise assigned for remote work. Remote Work Arrangement - Work Environment, Tax and Insurance Considerations 1. Remote workers are responsible for providing a work area suitable to completing the work assigned. The area should be ergonomically appropriate, safe, free from distraction, and provide sufficient discretion and privacy to carry out necessary tasks. Remote workers are solely responsible for the costs associated with making any designated work space compliant. 2. A remote worker's existing insurance policy may not include coverage for liability arising out of the use of a residence for a business purpose. Remote workers are solely responsible for determining an appropriate level of coverage based on their own circumstances. 3. Federal and State tax implications of remote work and the potential use of a home office are the responsibility of the employee. 4. An employee is covered by all benefits and laws pertinent to the course and scope of employment while working remotely. Any injury that occurs within the course and scope of employment must be immediately reported to the employee's supervisor. If an employee has a 6 City of Stillwater, Minnesota September 6, 2022 designated home workspace, that space is considered an extension of the City's workspace during scheduled remote work hours for purposes of worker's compensation. 5. A remote work arrangement is not a substitute for dependent or childcare. Time spent working cannot also be used for the care of dependents. August 16, 2022: Policy approved by Stillwater City Council, for one year, with the addition of required employee narrative regarding communication/availability, performance expectations, and any additional special conditions (instructions, conditions, restrictions or exceptions) relating to the policy. August 10, 2021: Pilot Policy approved by Stillwater City Council with a review to occur following one-year. 7 Flexible Work Arrangement Request Form — City of Stillwater To request a Flexible Work Arrangement, please complete the following request form and submit to your supervisor for review. Employee Name (print clearly): Requested Start Date: End Date' Minimum of 10 working days after submission Criteria for Consideration: ❑ Employee has achieved employment _> 6 months with the City of Stillwater ❑ Employee Has Satisfactory Performance with the City of Stillwater Type of Flexible Work Arrangement Requested: ❑ Flextime ❑ Remote Work Arrangement (select one of the following): 0 Short -Term (<_ 2 weeks) ❑ Long -Term (> 2 weeks) Reason for Request: List your current schedule & requested schedule: Current Schedule Begin/End Times Sun. Mon. Tues. Wed. Thur. Fri. Sat. Total Work Hours/Wk. Requested Schedule Begin/End Times Sun. Mon. Tues. Wed. Thur. Fri. Sat. Total Work Hours/Wk. Performance Expectations: Describe how work will be monitored or evaluated, including details on measuring performance objectives': By signing below, I attest that I have read and understand the Flexible Work Arrangement Policy and will adhere to the schedule outlined above. I understand that prior approval is required, including any subsequent change to, or discontinuation of, a different alternative work schedule. Final approval is the responsibility of the Department Head and, if approved, my flexible work arrangement can be cancelled at any time for any reason, by either party. Employee Signature: Date: Supervisor Signature: Date: ❑ Approved. The arrangement will be reviewed on: ❑ Denied Comments/Explanation if Denied: Checkpoints: Employee and Supervisor will maintain checkpoints at the following frequency: Dept. Head Signature: 0 Approved' 0 Denied Comments/Explanation if Denied: Date: EXCEPTION REQUEST Department Head describes circumstances that justify the request for an exception: Dept. Head Signature: Date: City Administrator: Date: 0 Approved 0 Denied 1 For telework requests: Employee and supervisor will document performance objectives and deliverables. Z Approved requests expire after 12 months. Each year thereafter, the employee can request renewal and approval of same or modified request for another 12 months. Distribution: Copies to employee and supervisor, route original to Human Resources for p-file Human Resources\HR-Secured Sept.6, 2022 iliwater THE B I R TH P i AC E OF MINNESOTA DATE: Sept. 6, 2022 TO: Mayor and City Council FROM: Kori Land, City Attorney SUBJECT: Bridge Jumping Ordinance BACKGROUND MNDOT approached the City and asked us to consider adopting an ordinance prohibiting jumping from the Lift Bridge. We expanded the scope of the ordinance to prohibit climbing, jumping or diving off any bridge or structure over any channel of public water. Exceptions are allowed for authorized workers, public safety purposes or activities sanctioned by the city or other government entity. The penalty for violating the ordinance is a petty misdemeanor. Council discussed the ordinance on Aug. 16 and other than encouraging a conversation with St. Joseph Township to consider adopting the same type of ordinance for its half of the Lift Bridge, there were no other comments. RECOMMENDATION Approve the Ordinance on final reading. ACTION REQUESTED Approve the final reading of an Ordinance Enacting Section 52-21 of the Stillwater City Code Regarding Jumping from a Bridge, Overpass or Roadway into Public Water Attachment: Ordinance City of Stillwater Washington County, Minnesota ORDINANCE NO. 1191 AN ORDINANCE ENACTING SECTION 52-21 OF THE STILLWATER CITY CODE REGARDING JUMPING FROM A BRIDGE, OVERPASS OR ROADWAY INTO PUBLIC WATER The City Council of Stillwater does ordain: SECTION 1 ENACTMENT. Stillwater City Code Chapter 52, Section 21 regarding jumping from a bridge, overpass or roadway into public water is hereby enacted as follows: Subd. 1. It shall be unlawful for any person to climb on or jump or dive off or from any bridge, overpass, roadway, or other structure over or into any channel or narrow passageway of any public water within the City. Subd. 2. Exceptions. This section shall not apply to: (1) Authorized work. Employees, inspectors, contractors or agents authorized by a governmental unit or agency to perform work on any bridge, overpass, roadway, or other structure shall be exempt from this section. (2) Public safety. Any person or law enforcement officer or other public safety personnel in an emergency situation as necessary to perform a rescue or otherwise provide aid or assistance in an emergency involving an imminent threat to the life or safety of one or more persons shall be exempt from this section. Government sponsored permitted or licensed activities. Certain government, and/or government permitted or licensed public or private activities related to public entertainment, including, but not limited to, community events, shall be exempt from this section. Subd. 3. Penalty. Any person violating this section shall be guilty of a petty misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $300.00. SECTION 2 SUMMARY PUBLICATION. Pursuant to Minnesota Statutes, Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: (3) The City is enacting an ordinance to prohibit jumping from a bridge, overpass or roadway into public water. SECTION 3 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 6th day of September, 2022. CITY OF STILLWATER ATTEST: Beth Wolf, City Clerk Ted Kozlowski, Mayor 2 iliwater THE B I R TH P i AC E OF MINNESOTA DATE: September 6, 2022 TO: Mayor and City Council FROM: Kori Land, City Attorney SUBJECT: Zoning Ordinance for CBD products, medical marijuana and hemp growing operations BACKGROUND The Council has been discussing the regulations for CBD since last November. In July, the Planning Commission held a public hearing and recommended approval of a zoning ordinance that places CBD-related businesses into the Business Park zoning district. The zoning ordinance accomplishes the following: • Defining CBD exclusive retail stores as those that derive more than 50°/0 of their gross revenue sales from CBD products. • Defining CBD products into 2 types: intoxicating and non -intoxicating o Intoxicating products means the products that have more than a trace amount of TCH and produce intoxicating effects and may include but are not limited to products made with Delta 8, 9 and 10. (this definition was changed since the first reading to match the definition in the licensing ordinance) o Non -intoxicating products means products that do not produce intoxicating effects. • Defining incidental CBD sales as those CBD sales that are not typically part of the primary business or do not make up a majority of sales for the business. (i.e. massage therapy businesses, drug stores, tobacco shops or gift shops who may have a few CBD products) • Allowing only intoxicating CBD stores to sell intoxicating CBD products. No other business can sell intoxicating CBD products • CBD exclusive stores are only allowed in the Business Park - BP-C, BP-0 and BP- I. o Non -intoxicating stores are a permitted use in the Business Park o Intoxicating stores would require a CUP in the Business Park. • Distance requirements are in place from other CBD exclusive stores and from schools (500') • Security plans are required for intoxicating CBD stores, and no drive-throughs would be allowed. • Incidental sales of non -intoxicating CBD products are allowed in any non- residential zoning district, meaning any business could sell non -intoxicating CBD. However, if selling CBD products is their primary business, then they are an exclusive retail store and must be in the Business Park. • Allowing Medical distribution facility in the Business Park with an Interim Use Permit (IUP) for a maximum of 3 years, with a security plan and distance requirements from schools and residential property, as already required in state law. Allowing Medical labs in the BP -I with an IUP. • Allowing Hemp Growing Operations in the Ag as a permitted use, as long as they have 200 contiguous acres. Prohibited Uses Manufacturing of Medical marijuana and hemp are prohibited within the city as those uses tend to produce nuisance -related problems. The ordinance also prohibits any sales of CBD products that contain more than 0.3% THC. While this prohibition on intoxicating CBD products is state law today, in the event the Minnesota legislature legalizes recreational marijuana, the City's specific limitation on selling anything over 0.3% would not allow any business to immediately sell recreational marijuana upon adoption of state law (unless the state law pre-empted local zoning). This provision allows the City time to study if and where recreational marijuana should be allowed. Upon adoption of zoning and licensing regulations, the moratorium will automatically terminate. Any existing CBD stores with a license from the city which are located outside of the Business Park would be allowed but could not expand their operation without moving to a conforming zoning district. RECOMMENDATION The Council held a public hearing on August 16. The recommendation is to approve the Ordinance on final reading. ACTION REQUESTED Approval of an Ordinance Amending City Code Chapter 31, Section 31-101, Section 31- 325, Section 31-315, and Section 31-514.1 Regarding CBD Products and Hemp Growing Uses Attachment: Ordinance 2 City of Stillwater Washington County, Minnesota ORDINANCE NO. 1192 AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-101, SECTION 31-325, SECTION 31-315, REGARDING MEDICAL CANNABIS, CANNABIDIOL (CBD) PRODUCTS AND HEMP GROWING, AND SECTION 31-514.1 REGARDING PERFORMANCE STANDARDS FOR CANNABIS -RELATED USES The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Chapter 31, Article 1, Section 31-101 of the City Code, Definitions, is hereby amended by adding the following definitions: CBD means a compound of the cannabis plant known as cannabidiol. CBD retail establishment - intoxicating means a business that sells any intoxicating CBD products and derives more than 50% of its gross revenue from the sale of any CBD products (intoxicating and non -intoxicating) or related devices. CBD retail establishment — non- intoxicating means a business that sells CBD products but all of them are non -intoxicating CBD products and derives more than 50% of its gross revenue from the sale of any CBD products or related devices. CBD products means and includes industrial hemp products and hemp derived products. CBD incidental sales means any business that sells or provides CBD products as an incidental part of its business but is not a CBD retail establishment (intoxicating or non -intoxicating). Edible cannabinoid (CBD) product means any product that is intended to be eaten or consumed as a beverage, contains a cannabinoid in combination with food ingredients, and is not a drug. Hemp or Industrial Hemp means the definition provided under Minn. Stat. § 18K.02 subd. 3, as may be amended. Hemp manufacturing means the ability to facilitate the manufacturing of industrial hemp. Intoxicating cannabinoid (CBD) products means products made from substances extracted from certified hemp plants that produce intoxicating effects when consumed by any route of administration and have more than a trace amount of THC. These include but are not limited to products made with Delta-8, Delta-9 and Delta-10. Medical cannabis means the definition provided under Minn. Stat. § 152.22, subd. 6, as may be amended. Medical cannabis distribution facility means a facility operated by a medical cannabis manufacturer for purposes of distributing medical cannabis in accordance with Minn. Stat. § 152.29, subd. 1(a), as may be amended, and the requirements of the commissioner of Minnesota department of health or other applicable state law. Medical cannabis laboratory means an independent laboratory permitted to test medical cannabis produced by a medical cannabis manufacturer in accordance with Minn. Stat. § 152.29, subd. 1(b), as may be amended, and the requirements of the commissioner of the Minnesota department of health or other applicable state law. Medical cannabis manufacturer means the definition provided under Minn. Stat. § 152.22, subd. 7, as may be amended. Nonintoxicating cannabinoid (CBD) product means products made from substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. SECTION 2 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-325 of the City Code, Allowable Uses in Non -Residential Districts - Retail, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-0 BP -I CRD PA PWFD PROS HMU NC as a) cC Medical Cannabis Distribution Facility IUP IUP IUP CBD Retail Establishments non -intoxicating P P P CBD Retail Establishments - intoxicating CUP CUP CUP Laboratories Medical Cannabis Laboratories IUP 2 SECTION 3 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-315 of the City Code, Allowable Uses in Residential Districts, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS A-P LR CTR RA TR CCR RB CR TH CTHR RCL RCM RR HMU16 Growing of Industrial Hemp P SECTION 4 ENACTMENT. Chapter 31, Article V, Division 2, Section 31-514.1 is hereby enacted as follows: Sec. 31-514.1 Cannabis -Related Uses Subd. 1. Medical Cannabis Distribution Facilities shall comply with the following performance standards: (1) The maximum length of an interim use permit shall be three years. Interim use permits granted pursuant to this section are not transferable and terminate upon sale of the facility or discontinuance of use; (2) A security plan stating how the facility will address public health, welfare and safety concerns including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation as approved by the Police Chief; (3) The distance limitations on locations of facilities in relation to a public or private school provided for under Minn. Stat. § 152.29, as may be amended, are incorporated herein. A facility shall not be closer than 200 feet of a zoning district that allows single family, two-family, townhomes, or multi -family dwellings; (4) All facilities shall be setback from all property lines a minimum of 25 feet; (5) Facilities are prohibited from operating drive-throughs; (6) No exterior storage shall be allowed. Subd. 2. Medical cannabis laboratories shall comply with the following performance standards: (1) The maximum length of an interim use permit shall be three years. Interim use permits granted pursuant to this section are not transferable and terminate upon sale of the facility or discontinuance of use; (2) A security plan stating how the facility will address public health, welfare and safety concerns including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation as approved by the Police Chief; (3) A laboratory shall be setback from all property lines a minimum of 25 feet; (4) No exterior storage shall be allowed. 3 Subd. 3. Growing of industrial hemp shall comply with the following performance standards: (1) A minimum of 200 contiguous acres is required for the hemp growing operation; (2) The hemp grower must be licensed by the State pursuant to Minn. Stat. Ch. 18K; (3) The sale of CBD products is not permitted on the same property as the hemp growing operation. Subd. 4. The sale of CBD products shall comply with the following performance standards: (1) Only CBD retail establishments -intoxicating are allowed to sell, display, or provide intoxicating CBD products. (2) All CBD retail establishments —intoxicating shall have a security plan stating how the facility will address public health, welfare and safety concerns including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation that is approved by the Police Chief; No CBD retail establishment —intoxicating shall have a drive -through, walk-up window service, sidewalk displays, sales or outdoor storage or sandwich board signs; (4) There must be at least 1,000 feet between all CBD retail establishments (intoxicating and non -intoxicating); (5) All CBD retail establishments (intoxicating and non -intoxicating) shall be located at least 500 feet from any school when measured in a straight line from the edge of the building wall or tenant wall space in which the establishment is located to the property line of the school or licensed day care facility; (6) CBD incidental sales of non -intoxicating CBD products are permitted in any non- residential district. (3) Subd. 5. The following cannabis uses are prohibited within the City: (1) CBD products that contain more than .3 percent tetrahydrocannabinol (THC). (2) Medical cannabis manufacturing. (3) Hemp manufacturing. SECTION 5 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance regulates CBD products, medical cannabis, and industrial hemp growing operations within the City of Stillwater, prohibiting the sale of CBD products that contain more than .3 percent tetrahydrocannabinol (THC), as well as medical cannabis manufacturing and hemp manufacturing. Medical cannabis distribution sites and labs will be limited to the properties within the Business Park. Industrial hemp growing operations require 200 contiguous acres to operate and cannot sell CBD products on site. The sale of intoxicating CBD products with THC are only allowed in the business 4 park in stores in which more than 50°/0 of their business is CBD products. Non - intoxicating CBD products can be sold as incidental sales in any business district. SECTION 6 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 6th day of September, 2022. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 5 I11wat!r THE BIRTHPLACE OF MINNESOTA DATE: September 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Resolution Regulating Obstructions in the Sidewalk Rights of Way in the Central Business District PURPOSE At the August 16, 2022 City Council Meeting, the City Council provided clarification on permissible encroachments in Downtown Sidewalks. Based on said policy direction, the City Attorney has prepared a formal policy in the form of a resolution to memorialize the policy direction. The proposed resolution consolidates previous policy direction found in separate documents. In summary, the resolution restates the previous policy direction. • Sandwich Board Signs allowed per certain conditions • Merchandise may not be displayed outdoors on public sidewalk • Benches are acceptable provided that they are placed next to the building and are available for use by the general public ACTION Motion to adopt the Resolution pertaining to obstructions in sidewalk rights of way in the Central Business District. RESOLUTION NO. 2022- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION REGULATING OBSTRUCTIONS IN THE SIDEWALK RIGHTS OF WAY IN THE CENTRAL BUSINESS DISTRICT IN DOWNTOWN STILLWATER WHEREAS, Stillwater is a popular tourist destination which results in a significant amount of pedestrian and vehicular traffic; and WHEREAS, congestion in the downtown area, especially along the narrow sidewalks of the Central Business District, makes the navigation of streets and sidewalks a threat to the public health, safety and general welfare; and WHEREAS, merchants have been placing signs, benches, merchandise, outside tables and chairs and other obstructions in the rights of way on the sidewalk in front of their businesses that cause impediments to the free -flow of pedestrian traffic and create dangerous conditions; and WHEREAS, the City Council believes that establishing clear regulations surrounding the placement of private obstructions in the sidewalk rights of way in the Central Business District will provide a safer, more enjoyable experience for all members of the public. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby adopt the following policy and regulations for allowing private obstructions in the public sidewalk rights of way in the Central Business District: A. Signs: General Rule: Temporary sandwich board signs are permitted in the sidewalk rights of way subject to the following regulations: 1. Dimensions: Signs must be of A -frame design or single -panel, must be portable and stable. They can be no more than 30" wide, 36" tall and 24" deep and have no more than two sign faces. 2. Design: Signs must be consistent with the Heritage Preservation Commission -approved color scheme for building front and signage, they cannot have protruding sections that cause a hazard to pedestrians, cannot mimic traffic control signs or have reflective material, may not be illuminated, animated or having moving parts. No interchangeable copy signs, or interchangeable letters are permitted. 3. Maintenance: Signs must be weatherproof, must be well -maintained with no peeling, broken, cracked or faded paint/vinyl/lettering. 4. Number of Signs: Each store -front business is allowed to display one (1) sign directly in front of its business. Multi -tenant buildings are allowed one (1) sign per 20 feet of building frontage. Multi -tenant buildings with frontage on more than one (1) street are allowed signs on each street, consistent with these regulations. 5. Hours: Signs are allowed during business hours only and must be removed daily. 6. Placement: Signs must be setback at least one (1) foot from the back of curb. However, signs at an intersection must be setback at least 15 feet from back of curb. Five (5) feet of unobstructed clearance must be maintained between the building and street for pedestrian circulation. 7. Prohibitions: (1) No sign is allowed on City property, including parking lots, streets or alleys, unless it is pursuant to a permit or agreement approve by the City. (2) Signs shall not be displayed after a snow event of two (2) inches or greater until all snow removal operations are completed. B. Merchandise: Due to the narrowness of the public sidewalks, all private commercial use for display of merchandise is prohibited in the sidewalk rights of way. C. Benches: Benches are permitted in the sidewalk rights of way as long as they are placed next to the building and are available for use by the general public. D. Outdoor Seating: Outdoor Seating is permitted in the sidewalk rights of way pursuant to an approved Interim Use Permit and a License or Encroachment Agreement. If liquor will be served, the liquor license must be amended to include the outdoor seating area, which must be compact and contiguous to the licensed premises. 2 E. Liability: Business owners assume all liability of obstructions placed in the right of way. F. Maintain Access: Obstructions must not interfere with access to any business, the passage of pedestrians or the opening of the doors of parked vehicles. G. Fire Code: All obstructions must conform to the Fire Code. H. Violations: The City may enforce this Resolution by removal of the obstructions, revocation or termination of any permit or agreement and repeat violations may subject the owner to administrative citations. Adopted by the City Council of the City of Stillwater, Minnesota this day of , 2022. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 3 ttI1water 'NE 0101141.i411 0, MINNF\OIA DATE: September 6, 2022 TO: Honorable Mayor & City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: 2022 Rivertown Fall Art Festival Event Application BACKGROUND The Greater Stillwater Area Chamber of Commerce has applied for a special event permit for its annual Rivertown Fall Art Festival. Over 150 artists and food vendors are expected to attend this event showcasing specialty hand-crafted items, including artist mediums of all kinds: ceramics, clay, culinary arts, drawing, fiber work, glass, jewelry, metal, mixed media, painting, photography, pottery, wood and others. The traditional first weekend in October for the festival lands this year on October 1st and 2nd. Load -in will occur on Thursday, September 29 and Friday, September 30 and the final clean-up will occur by Monday, October 3rd. The North end of Lowell Park will be used along with parking lots (4, 5, 9, 10) and Mulberry Circle. The Chamber is requesting the use of parking lots 4, 5, 9, 10 and Mulberry Circle for 3 days. All associated fees will be invoiced according to the City's current Fee Schedule including: Parking ($2,367.00), Base Fees + Load -in Fees for 4 days ($2,000.00), Temp. Liquor License Fees for 2 days ($2,000.00), Food Vendor Fees for 2 days ($100.00) for a total of $6,467.00. RECOMMENDATION Staff recommends approving the 2022 Rivertown Fall Art Festival Event Application. ACTION REQUESTED The City Council should review the event application materials. If Council wishes to approve the special event, they should pass a motion approving the 2022 Rivertown Fall Art Festival Event Application, Site Plan, Contract and Temporary Liquor License, and enter into a contractual agreement with the Greater Stillwater Area Chamber of Commerce. Attachments: Event Application, Site Plan and Contract. CITY OF STILLWATER, MINNESOTA 2022 RIVERTOWN FALL ART FESTIVAL AGREEMENT THIS AGREEMENT is made this 6th day of September, 2022 between the City of Stillwater, Washington County, Minnesota ("City), and Greater Stillwater Chamber of Commerce, a Minnesota non-profit corporation, ("Organizer") WHEREAS, in light of the foregoing, the Organizer wishes and the City will permit the Greater Stillwater Area Chamber of Commerce to organize and conduct a Rivertown Fall Art Festival in order to foster and promote tourism within the City of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Organizer agree as follows: 1. Dates and Hours of Event. Operations are limited as follows: Setup: Thursday, September 29 & Friday, September 30 — 9 a.m. - 5 p.m. Event: Saturday, October 1 — 10 a.m. — 5 p.m. . Beer Tent, Vendors and Music 10 a.m. to 5 p.m. Sunday, October 2 — 10 a.m. — 5 p.m. Cleanup: Sunday, October 2: 5 p.m. —10 p.m. and Monday, Oct. 3 9 a.m. — 5 p.m. Load In/Load Out: Organizer will coordinate the Load In/Load Out times for the event with the City Public Works Department by September 16, 2022. 2. Event/Alcohol. The Organization has been granted authority to dispense intoxicating Liquor at the 2022 Rivertown Fall Art Festival. This approval is subject to the Organizer applying for and being granted a Temporary Liquor License and Consumption Permit as allowed by the Stillwater City Code and State Law. All Licenses must be approved and proof of Liquor Liability Insurance Coverage must be submitted to the City Clerk by September 16, 2022. This Agreement will set forth the terms and conditions that will control the dispensing of Liquor at the Event. a. The Area. The area where dispensing of Liquor will be permitted in a contained area as advised by the Police Department. b. Fencing/Demarking of Venue. The Venue Area must be demarked by the Organization. The demarked area must be adequate to ensure that alcohol sales and consumption remain inside the venue area. A breach of the venue area is grounds for the Police Chief to terminate all alcohol sales in the area. c. Tents. The Fire Department shall inspect all large tents (beer garden, etc.) d. Security. For the purpose of this plan, the Organizer shall increase the paid private security, as directed by the Police Chief and/or increase the Stillwater Police presence to ensure that the alcohol stays with the venue area. The Police Chief will determine the increase in the Stillwater Police Department presence. A paid professional security guard/police personnel must be in place to ensure that no beer or liquor enters or leaves the Area. e. Types. No Liquor is allowed in the Area except that Liquor which is sold by the Organization. The Organization is responsible to see that no other Liquor is brought in the Area. The Organization must not allow bottles, containers or coolers to be brought into the Area. f. Signs. The entire venue must be posted with signs that state NO ALCOHOL BEYOND THIS POINT at regular intervals (50-75 feet apart); signs should be a minimum of 18 x 24 in. The number and content of which must be approved by the City Police Chief describing the regulations prohibiting Liquor outside of the Area, as well as prohibition against participants bringing their own Liquor into the Area and the requirement for identification bracelets must be worn to consume alcohol. Identification. The Organization will provide liquor identification bracelets. The Organization will permit no one to consume Liquor unless they are wearing an identification bracelet. The Organization will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. h. Compliance. The Organization shall obtain a temporary liquor license selling of Liquor during the event, obtain an alcohol consumption permit and pay the respective fees. Prior to opening date of the Event, the Organization must develop a management policy or program regarding all aspects of alcohol compliance, including the problem of under -age consumer, sales after hours, over -serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Organization must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Event. i. Inspection. The Organization acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43-8, which authorizes that all premises from which intoxicating Liquor is offered at on -sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. Liquor Liability Insurance. The Organization agrees to provide the City an insurance certificate for Liquor Liability during the event by September 16, 2022. 3. Insurance, Hold Harmless, and Indemnity. The Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement, except for those claims, causes of action or demands that arise out of the sole negligence, gross negligence and/or willful misconduct of the City or any of its agents or employees. Organizer also agrees to provide to the City evidence of g. insurance coverage of at least the statutory liability limits for municipalities covering claims that might be brought against the Organizer that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear." Insurance Certificate must be received by the City no later than September 16, 2022. The insurance protection will have the following limits: A. $1,500,000 for any number of claims arising out of a single occurrence, and to name the city as an additional insured "as their interests may appear." B. Comprehensive Automobile Liability: (1) Bodily Injury: $500,000 Each Person and $1,000,000 Each Occurrence (2) Property Damage: $100,000 Each Occurrence C. Worker's Compensation Coverage. 4. Contact Information. Organizer shall provide the City updated accurate contact phone numbers. 5. Public Safety Requirements. The organizer agrees that City has the right to increase the requirements to public safety resources based on participant numbers, threats, or weather conditions and any associated City costs will be paid for by the Organizer. 6. Required Information, Meetings, and Documentation. Organizer agrees that failure to provide required information and documents to the City is just cause for the City Council to terminate the agreement. 7. Noise Control. The Organizer is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 8. Police Power. With regard to Event, the City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. In that event, the Organizer will cease dispensing Liquor and must assist the police in the clearing of the Area. 9. Other Agencies. Organizer is responsible for obtaining all agreements and permits with outside agencies (i.e. Washington County Public Health & Environment, State Electrical Inspector). 10. Exclusive Use of Parks. In return for the exclusive use of the City Parks as identified on the approved overall site plan and/or Event maps, the Organizer hereby agrees to the following: a. Dumpsters. The Organizer must furnish dumpsters or roll —off boxes according to a plan approved by Public Works Staff in sufficient quantity to contain the accumulation of trash generated by the Event. Organizer must ensure that all trash or garbage is collected and hauled away daily in the Event areas. i. Dumpsters and trash receptacles in the Event Areas must be picked up and emptied each day during the Event. The City may amend the plan and require additional dumpsters or trash receptacles if the need arises. ii. If possible, Organizer will provide recycling and organics containers for the Event. b. Traffic Control. To ensure traffic and pedestrian control the Organizer must place standard reflective barricades according to a plan approved by the Public Works Director or his designee. Barricades may be supplied by the Organizer, or by the City. Charges for the City supply of barricades are set forth in the current City Fee Schedule. c. Electricity and City Water. Existing electrical boxes will be opened by the City to provide access for the Event and invoiced according to the current City Fee Schedule. If access to water main or hydrants is needed, the Organizer shall make arrangements with the Board of Water Commissioners and pay related water fees. d. Restrooms. Additional portable restrooms must be provided by the Organizer if deemed necessary to protect public health as determined by the Public Works Superintendent. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip restrooms, however, the Organizer will be responsible for maintaining, cleaning, staffing and security and supervision for restrooms. If the Organizer elects not to provide these services it must notify the City at least two weeks prior to the event, and in that event, the Organizer will bear the City costs associated with this work. e. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system is easily damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the Park. Organizer must work with the City Public Works Department to determine the location of the irrigation system. Public Works will provide irrigation locates in areas where tents will be staked on Friday, September 30, 2022. f. Grey Water. The Organizer agrees to ensure that all vendors' waste water be discharged into a holding tank approved by Washington County Public Health & Environment. Vendors without an approved holding tank must discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. Grey water barrels or holding tanks shall not be disposed into the City's sanitary or storm sewers, for any reason. Use of City Parking Lots. The Organizer will be using Lots 4, 5, 9, 10 and Mulberry Circle for Food Vendors and Vendor parking. THERE IS ABSOLUTELY NO STAKING INTO PARKING LOTS. Organizer will be responsible for any damage. Payment for the Parking Lot(s) and/or on -street parking spaces will be charged according to the City's Fee Schedule or the Downtown Parking Commission's recommendation. g. The City prefers the Organizer to stage the activities in Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. Use of public parking lots will be approved only as an alternate or if sufficient space does not exist in the Park to accommodate all event activities. 11. Event Fees. The Organizer agrees to submit event fees as stipulated in the 2022 Fee Schedule payable to City by September 16, 2022. 12. Rules for Vendors. a. Food Vendors. All food vendors must be inspected and approved by Washington County Public Health & Environment and the Stillwater Fire Department and the State Electrical Inspector prior to beginning operation. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer must provide a complete list of all vendors to each of these agencies at least two weeks prior to the event. c. No Camping. No camping in tents, trailers or campers is allowed in the Downtown during the events. 13. Damage to Parks. Paved Trails and Parking Lots. All damage to parks, paved trails, or parking lots must be repaired at the expense of the Organizer whether caused by the Organizer or its vendors. The City will deduct the cost of repair from Organizer Deposit, however, the Organizer will remain responsible for costs and repairs that exceed the Deposit. 14. Clean -Up. On the day following the close of the Event, weather permitting, the Organizer will clean Lowell Park and other areas that have been impacted by the Event. The Organizer is responsible for all costs, incurred for the clean-up of areas neglected by the Organizer. 15. Term of Agreement. This Agreement will remain in effect fora period of one (1) year from the date of its execution. Further, in the event that a determination is made by the City Council, based upon the advice of the Police Chief that the Event is a threat to the health, safety or welfare of the community, the City Council reserves the right to cancel any remaining term and terminate this Agreement. 16. Event Application. The Application for the Event as submitted by the Organizer and any amended documentation is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands this 6th day of September 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ss On this 6th day of September, 2022 before me, a Notary Public within and for said County, appeared Ted Kozlowski and Beth Wolf, to me personally known, that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Notary Public GREATER STILLWATER CHAMBER OF COMMERCE Robin Anthony, Executive Director On this day of September 2022 before me, a Notary Public within and for said County, appeared Robin Anthony to me personally known, who, being duly sworn, did say that she is the Executive Director of the Greater Stillwater Chamber of Commerce and that this instrument was signed as the free act and deed of the non-profit corporation. Notary Public t C slesessece ay Ill EVENTS PERMIT APPLICATION 216 4th Sheet North,, Stillwater, MN 55082 Telephone: 651-275-4101 Fax: 651-27S-4112 Email: pubwrksrOd.st1lfwater.ma.us Incomplete applications or applications received of ter deadline iv I nor be armored. See Event Instructions far appl(cntion deoWlfne and fms. Date of Application: Mayleth,2022 Event Information fa& Al Dee Application Received Type: Event Special Event Event wl Contact Title/Name of Event Rivertown Fall Art Festival Event Date/Time: Set up: Date September 29 & 30, 2022 Time gam to ..5pmActual Event: Date October 1 &2, 2022 Time loam to 5pm Clean up: Date October 3, 2022 Time 9am to 5pm tEW nti after 1Q90 p.m. reWbrr a variance from Cei Council] Location (Address) of Event: Lot 9, lot 5, Lot 4- Water St. from Myrtle to Chestnut & North Lowell Park (II In Lowell Peril please specify north or south Lowell peril Description of Event (please be specific • thistnlontsllfon wnl be sari to promote the event on t , City of Statwatto webigni The Rivertown Fall Art Festival has been popular and well attended In tho Midwest. This juried Art Festival features over 150 artisans showcasing specialty hand-crafted Items, Including artist mediums of all kinds: ceramics. clay, culinary arts. lrermng. fiber work glass, jewelry, metal, mixed media, painting, photography, pottery, wOod and an others cate5io4y. Estimated Attendance tpanlapents and spectator,(; 1,4005,000 Applicant Information (Parson/Group Responsible) Sponsoring Organization Name: Greater Stftwaber Chamber of Commerce Mailing Address: 333 Main St N. Ste, 202 City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Robin Anthony, E?tocultve Director Phone Number: 651-439-4001 Fax: 60-09 4 Email Address: dIrectorifggreateretlllwatarhdnt ar,cum Webslte Address: greaterstillwatercliaintler,00nt Name of contact person during event: Robin Anthony, Executive Director Alternate contact during event: Lindsay Reiland, Event Manager 5 Refer media or citizens Inquires to; Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc, If event Involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No 0 Yes ' Number and slze: signs totMd. Sizehout event-e sandwich signs Md. Size banners on tents Will there be any inflatables? No Yes ❑ Insurance certificate from rental vendor ls required Music/ Dance FeesJyrelestdtymay Will there be entertainment? No ■ Yes ® What type: Yp Instructions apply see Instructions 10a-5p Saturday, 11 a-4p Sunday Will sound amplification be used? No • Yes ® Hours and Type: and 30x60 tent Will a stage or tent(s) be set up? No • Yes ® Dimensions:10x201ent Will there be temporary fencing? No ® Yes • How many (40 t)ci ft Fees fnrefettictlym:v WIII merchandise/food items be sold? No • Yes 1a a„P;, ,te 00,IIT r1.., vendors expected;'►-t0 Ls?ct�.��i I i Will food be prepared on site? No D Yes ® Contact Woshington County Health Depurtment, 651-439-6C5.5 j Will cooking operations be conducted? No • Yes IN Contact Stillwater Fire Deportment, 3514950 Will alcohol be served but not sold? No F 4 Yes ❑ See Alcohol Regulatlonsin the Instructions - 7 Will alcohol be sold? No ❑ Yes IN See AicoholRegulations lnthe Marta flans Will there be a fireworks display? No ® Yes ❑ Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. Electric will be needed in all areas with the exception of Water St. Describe level of advertisement (le, radio, flyers, ads, tv, press release). attach sample if available Social media, press release, posters, possible TV, radio and newspapers. City Services (After reviewing the event application. City services my be requrled for the event.) Will event use, close or block any of the following: If yes specify location on site map. FPA City Streets or Right-of-way No ■ Yes IN Start/End Time: gam - QQr`f` Date:9/30/22 d City Sidewalks or Trails No ENYes MIStart/End Time: s'i'Date: FRS ' Public Parking Lots or Spaces No IIYes ® Start/End Time: ate: 9/30/22 , `Q WIII event need barrlcade(s)? No ❑ Yes Number needed: sees may opply T,-2 Ma-p see Instructions Fees may apply WIII extra picnic tables be needed? No Yes • Number needed: see Instructions WIiI portable restrooms be needed? No ❑ Yes In Number needed: 10 Fees moy apply l see instructions Will extra trash receptacles be needed? No 0 Yes ® Number needed: 10 Describe trash removal and cleanup plan during and after event: Contract with Maroneys and Onslte Will event need traffic control? No ® Yes ❑ Fees may oPPU' see Instructions Contact Stillwater Police Department for oss'?to,ice, 551•.u: 4 . Describe crowd control procedure to ensure the safety of participants and spectators: Volvn\eecs u \\ be ac SW #o help tr3 C1�w . t Q L3.`\\ O.iSO 1 X Bice 41vo)gv‘o-'-2 - Will "No Parking Signs" be needed? Will event need security? -- — — !\ t'o l t �eatjQ�.. May cpn Ysee n:trvct;e °r No ❑ Yes (' Number needed: VALAV` (9 show laCatiar10) en sire mup x42.M0.`i No ❑ Yes IN llevent isovernight security will berequired. If using private secruity, list Security Company and Contact Information: Sem Ehlenz- Security Specialist inc, Will event need EMS services? No ❑ Yes ® Contact Lakeview FMS, 65I.430.4621 Describe plans to provide first aid, If needed: On site medic- Bluellne Medical Services Describe the emergency action plan If severe weather should arise: Tents down, achorlose Items and take shelter in surrounding businesses r List any other pertinent Information: We are requesting that the city work In partnership with the Chamber to subsidize public safety fees in exchange for a Event Partner sponsorship The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity, Depending on the size of and scope of the event a 'Certificate of Insurance°' may be required. If Insurance is required, the policy must be kept In force during the event of at least the Statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as on additional Insured on their policy "as their interest may appear.'° As the sponsor or authorized representative, I certify thor the information provided Is true to the best of my knowledge and agree to pay the permit fee for this event based upon the Infortnotion provided 1rthis.up ltcation, I realize my submittal of this appllcotion request constitutes o contract between myself and the City of Stiitwat r and is a of Liability. . Signature ica'nt dui lorrze Date (9- (7 AGREEMENT FOR LAW ENFORCEMENT SERVICES This agreement ("Agreement") is made and entered into this by and between the City of Stillwater ("City") and the Stillwater Area Public Schools ISD #834 ("School District") for the provision of law enforcement services to the School District by the City. Whereas, the School District is desirous of contracting for the performance by the City of the hereinafter described law enforcement functions through the Stillwater Police Department; and Whereas, the City is agreeable to rendering such services on the term and conditions hereinafter set forth; and Whereas, this Agreement is authorized and provided for by the provisions of Minnesota Statutes, Sections 471.59 and 436.05. NOW, THEREFORE, pursuant to the terms of the aforementioned statutes and in consideration of the mutual promises contained herein, it is mutually agreed between the City and School District as follows: . Scope of Services 1. The City, through the Stillwater Police Department ("Police Department"), agrees to provide law enforcement services to the School District to the extent and in the manner hereinafter set forth: a. Except as otherwise specifically set forth herein, such law enforcement services shall only encompass duties and functions of the type coming within the jurisdiction of the customarily rendered by said Chief of Police under law. b. The law enforcement services provided shall include a officer who will have primary responsibility in serving as a resource person to faculty, classroom members and school administrators in the prevention and diversion of juvenile behavior problems, The officer will also provide enforcement of the Juvenile Code of the State as said code related to the School District, and other state and local laws. 1 2. The City shall furnish and supply all necessary labor, equipment, communication facilities and dispatching, supervision and oversight of job duties related to law enforcement activities, and supplies necessary to provide the services required by this agreement. The School District shall, under the direction of the Principal, furnish a secure office location for the employee to work, a district office phone, a district computer, as well as supervision and oversight of job duties and work schedules related to the safety of the students and school property. Under the terms of this agreement, the SRO is considered a "School Official" with responsibilities for supporting the safe education of students within the district. 3. Violations of laws or ordinances for which an arrest is made shall be prosecuted in the appropriate court(s) of the City under the laws of the State of Minnesota or ordinances of the School District, and the fines, if any, shall be remitted in accordance with the laws of the State of Minnesota. 4. The officer will normally be scheduled to work an eight (8) hour shift concurrent with the regular school day or special school activities. The scheduled may be changed from time to time to best serve the needs of the School District. The officer shall serve as a full-time school resource deputy throughout the school year. The school calendar is attached and will be provided when the school board approves it in future years. II. Assumption of Liability/Insurance 1. Except as otherwise provided herein, the School District shall not assume any liability for the direct payment of any salaries, wages, or other compensation of any City personnel providing law enforcement services to the School District under this Agreement and the City hereby assumes said liabilities. 2. Except as otherwise provided herein, the School District shall not be liable for compensation or indemnity to any City employee for injury or sickness arising out of their employment with the City and/or provision of law enforcement services to the School District, and the City agrees to hold harmless the School District against any such claims. 3. School districts are not able to enter into indemnification provisions. Therefore, each party of this contract agrees to be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for acts of the other party and the result thereof. The liability of both the City and School District shall be governed by the provisions of the Municipal Torts Claim Act and other applicable law. 4. The City agrees to maintain during the term of this Agreement, automobile, general liability, workers' compensation, and professional liability insurance or self-insurance in amounts deemed appropriate by the City. 2 5. All City personnel performing duties pursuant to this Agreement shall at all times and for all purposes be considered employees of the City. III. Payment 1. The School District agrees to pay the City the actual direct costs and expenses of providing the School District with the law enforcement services provided for by this Agreement, including the full-time services of .75 full-time equivalent (FTE) officer. The City will assign the officer to other duties when school is not in session and shall pay all personnel costs for the period. 2. Direct costs and expenses shall mean the salaries, employer's public employee retirements contributions, workers' compensation premiums, and vacation pay of the dedicated employees of the City who perform the law enforcement services to the School District under this Agreement, as well as other related and customary costs incurred by the City as a direct result of providing the law enforcement services to the School District under this Agreement. Direct costs and expenses shall not include items of cost and expense attributable to services and facilities provided or available to the School District which by state law the City must provide. Computation of actual costs hereunder shall be made by the Police Department, Budgeting and Accounting Division. 3. The City shall bill the School district on a semi-annual basis for the provision of services under this Agreement, and the School District shall pay the amount required under this Agreement on a semi-annual basis by directing to the City a check or voucher payable to the City of Stillwater. 4. For the 08/01/2022 —12/31/2022 school year, the salary is expected to be approximately $46,189.00. For the 01/01/2023-06/30/2023 school year, the salary is expected to be $57,324.00. The school district will pay 75% of the actual salary and benefits for the term of the contract. IV. Cooperation of Parties 1. To facilitate the City's performance pursuant to this Agreement, the School District and City shall work together to achieve the objectives of this Agreement for the benefit of the school. Each party to this Agreement shall designate a liaison for the purposes stated above. Meetings of the liaisons can be called by any of the parties as requested. 2. The personnel selected for the position shall be determined by the Police Department in cooperation with the School District. The manner and standards of performance, discipline and control of personnel, methods of providing law enforcement services, and other matters incident to the performance of the law enforcement services under 3 this Agreement shall be determined by the Police Department. The Police Department will seek input from the School District throughout the evaluation process of the officer. 3. In the event the School District notifies the City that it is dissatisfied with the assignment of personnel for the performance of services under this Agreement and requests a change in assigned personnel, the City shall make a reasonable effort to effect a change in the assignment of personnel, provided that such a change does not jeopardize the ability of the City to provide services to other areas of Stillwater in a timely and efficient manner. V. Additional Terms 1. It is understood that this Agreement contains the entire agreement between the parties, and that no statement, promises, or inducements made by any party hereto, or any officer, agent, or employee of any party hereto which is not contained in this written Agreement shall be valid and binding. This Agreement may no be modified except in writing, signed by all parties. 2. The effective date of this Agreement is 3. This Agreement shall remain in effect for a period of three (3) years, unless earlier terminated by operation of the law or pursuant to Section V(4). This Agreement shall automatically renew for a period of one (1) year following the expiration of the initial three (3) year term and/or any renewal term. 4. This Agreement may not be terminated by any party during the first (1) year from the effective date of the Agreement. This Agreement may be terminated at any time and without any financial penalty during the second or third year and/or any renewal term of the Agreement by giving the other party written notice ninety (90) days prior to the termination date. [The remainder of this page is intentionally left blank.] 4 5. Notice shall be sent: a. To the City: b. To the School District: c. To the Police Department: City of Stillwater Attention: City Administrator 216 4th Street North Stillwater, Minnesota 55082 Stillwater Area Public Schools 1SD 1875 Greeley Street South Stillwater, Minnesota 55082 Stillwater Police Department Attention: Chief of Police 216 4th Street North Stillwater, Minnesota 55082 6. This Agreement may not be assigned without the written consent of all parties. 7. This Agreement shall be construed under the laws of the State of Minnesota. 8. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. [The remainder of this page is intentionally left blank.] 5 IN WITNESS WHEREOF, the School District has caused this Agreement to be signed by its Superintendent and attested to by its Clerk, and the City has caused this Agreement to be signed by its Mayor and City Clerk, and seal of the City and School District affixed thereto. STILLWATER AREA PUBLIC SCHOOLS 1SD #834 By: Its Superintendent Dated: ATTEST: By: Its Clerk 6 IN WITNESS WHEREOF, the School District has caused this Agreement to be signed by its Superintendent and attested to by its Clerk, and the City has caused this Agreement to be signed by its Mayor and City Clerk, and the seal of the City and School District affixed thereto. CITY OF STILLWATER, MINNESOTA By: Its Mayor Dated: ATTEST: By: Its City Clerk 7 f 1 llwater THE BIRTHPLACE OF MINNESOTA DATE: August 30, 2022 TO: Honorable Mayor and City Councilmembers FROM: Stuart W. Glaser, Fire Chie .. SUBJECT: American Rescue Plan Act (ARPA) Funding Expense BACKGROUND In December of 2021 the City of Stillwater was allocated funding for the American Rescue Plan Act (ARPA). Departments submitted requests for specific expenditures using ARPA funds. The Fire Department requested $35K for fire station security. Attached is the quoted price for the project and informational brochure depicting the materials to be installed. Total cost of the project as quoted is $35,379.00. RECOMMENDATION Approval to accept quote and installation of fencing ACTION REQUESTED Approve expenditure of ARPA funds for the project. TOWN � COUNTRY " Thy. Uotl t" Marna !rt Frrne c " CUSTOMER INFORMATION Name Job Address City Attn: ESTIMATION WORKSHEET 8511 Xylon Avenue North, Brooklyn Park, MN 55445 Office (763) 425-5050 Fax (763) 425-9006 'NWW Lc. ':ice CU'il Stillwater Fire Department Ornamental fence and gate 250 Maryknoll Dr N Stillwater, MN 55082 Tom Ballis 651-351-4951 SCOPE OF WORK Furnish and install approximately 210 LF of ornamental steel fence with a manual 20' wide gate opening. The fence and gate will be built with the following materials. Brochures and product information is attached. Jonathan Krause Salesperson: Date of Contact: Date of Quote: Terms: 8/26/2022 Due upon completion PRICES QUOTED ARE GUARANTEED FOR 7 DAYS AND SUBJECT TO CHANGE The fence will be 6' tall Montage Plus, 3 rail, black, Style - Classic. 2.5" posts, intermediate posts will be driven, terminal and gate posts to be concrete set. Fence Total - $19,919.00 20' opening, Transport II slide gate. Manual operation_ Total - $15,460.00 NOTE - We do not haul dirt away from job site. - We do not locate private utilities, sprinkler lines. - Not inclusive of frost or winter conditions. Thank you, Jonathan Krause Commercial Sales Office (763) 425-5050 Fax (763) 425-9006 Cell (612) 712-0208 iQL!Jitcfence.com I I tlifill 11111111111111 • 2- I MONTAGE PLUS® WELDED ORNAMENTAL STEEL FENCE r '11;',111111 111 41 • FENCE PRODUCTS AMER/STARFENCE.COM I 888-333-3422 Experience d safer and more open world AMER1STAR ASSA ABLOY MONTAGE PLUS' Welded Ornamental Steel Fence Learn more online at ameristarlence.com or by calling 888-333-3422 .T CLASSIC 3', 354', 4', 5' or 6' Heights 2-Rail or 3-Rail Panels Extended Picket or Flush Bottom Panels 4" Standard or 3" Pet, Pool & Play Picket Air -Space 1111111111111111 111111111111111111 .... IIII MAJESTIC" 3', 314', 4', 5' or 6' Heights 2-Rail or 3-Rail Panels Extended Picket or Flush Bottom Panels 4" Standard or 3" Pet, Pool & Play Picket Air -Space 111111111111111111 E1 GENESIS' 3', 3 4', 4', 5' or 6' Heights 2-Rail or 3-Rail Panels Extended Picket or Flush Bottom Panels 4" Standard or 3' Pet, Pool & Play Picket Air -Space 111111111111111111 WARRIOR 3', 3S4', 4', 5' or 6' Heights 2-Rail or 3-Rail Panels Extended Picket or Flush Bottom Panels 4" Standard Picket A r--Space 1111111111111111111 COLOR OPTIONS BUCK BRONZE POOL, PET & PLAY'" Improved Panel Strength & Durability Increased Safety & Security for Children & Pets wri :•_• I 11�1 :■!•I CLASSIC MAIESTIC GENESIS GATE OPTIONS MONTAGE PLUS SWING GATES MONTAGE PLUS ARCHED GATES ESTATE STEEL ENTRY GATES TRANSPORT CANTILEVER GATES PASSPORT ROLL GATES ADORNMENTS r __1 1-!. QUAD FLARE TRIAD ROYALTY BALL CAP BUTTERFLY SCROLL DOUBLE RINGS PICKETS RAILS POSTS 3/4"sq. x 18 ga. 11 " x 11/" x 14 ga. 21/2" x 16 ga. 20 Year Warrantybacked by proven excellence for over 30years Ameristar products have the opportunity to earn LEEO points MONTAGE PLUS Welded Ornamental Steel Fence PROFUSION WELDING Superior Strength No Visible Rivets or Screws Design Allows Panels to Follow the Grade Stair -stepping panels F illy rakeable panels ECOAT FINISH Protection Inside and Out Maintenance -Free Finish Long -Term Durability Acrylic Topcoat k Epoxy Primer d Phosphate PreGalvanized Steel Ameristar's world headquarters, manufacturing & coil processing facilities in Tulsa, Oklahoma, USA Part 19820I Revised 01/2020 LEGEND * Ameristar Headquarters • Sales & Service Centers r MEETS BUY AMERICAN ACT FENCE PRODUCTS AMERISTARFENCE.COM 1888-333-3422 Experience a safer and more open world AMER1STAR ASSA ABLOY I11wat!r THE BIRTHPLACE OF MINNESOTA DATE: September 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Ordinance (Second Reading) — Amend City Code Section 31-315 (Residential Allowable Uses) and Section 31-325 (Non -Residential Allowable Uses) Establishing Allowable Areas for Short Term Home Rentals BACKGROUND On August 16, 2022, the City Council approved the First Reading of this Ordinance and is now eligible for Second Reading/Adoption. Attached is a proposed second ordinance related to recent changes to the City's Short Term Home Rental. The previous Ordinance amended the licensing portion of the program. The City's Zoning Code still referenced the previous license types and needs to be updated. This current Ordinance updating the Zoning Code's Use Table can be seen as more administrative in nature. RECOMMENDATION The Planning Commission recommended approval of the Ordinance. ACTION Motion to approve the Second Reading of the Ordinance related to Short Term Home Rentals. City of Stillwater Washington County, Minnesota ORDINANCE NO. 1193 AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-315 AND SECTION 31-325 REGARDING SHORT TERM HOME RENTAL LICENSE LOCATIONS The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Chapter 31, Article III, Division 2, Section 31-315 of the City Code, Allowable Uses in Residential Districts, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS AP LR CTR RA TR CCR RB CR TH CTH R RCL RCM RCH RR HMU Short Term Home Rentals P P P P P P P P P P P P P P P SECTION 2 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-325 of the City Code, Allowable Uses in Non -Residential Districts - Retail, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-0 BP -I CRD PA PWFD PROS HMU NC wHome Short Term Rentals P P P SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance establishes areas of the City that will allow Short Term Home Rentals to operate. Short Term Home Rentals will be allowed in all residential districts and will be limited to the commercial properties within the Central Business District, Highway Mixed Use District and Neighborhood Commercial Districts. Short Term Home Rentals require issuance of a Short Term Home Rental License from the City Council. SECTION 4 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of , 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk I11wat!r THE BIRTHPLACE OF MINNESOTA DATE: September 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Consent Agenda Item: Short -Term Home Rental License Applications BACKGROUND According to the recently amended ordinance, amending Section 41-8, new short-term home rental license applications must be approved by the City of Stillwater City Council. The Community Development Department has received and processed the following short-term home rentals and have deemed them complete for approval by the City Council. RECOMMENDATION Approval of the following Short -Term Home Rental License Applications: License Address Owner/Applicant Occupancy License Number of Type Type Location Licenses Short-term 119 Owens Katelyn Hart & home rental St N Daniel Layne Owner Outside of Occupied/On Downtown 26 of 50 Site Area ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving the above short-term home rental license application. Gran Ln rarer Dr W Meoalowlark n1 • Emden 51W Home Sr At Stlllwslel Are Wilklnf Y� _wake kokl EIM St • Wy rrickory St W w n M aple Sr Laurel Sl W Wrllare SOW Abball Sl IN ChurChru SI W ai Mcrotun r 4.4 C� Shenan or Oak Si W • " L • S Anderecn 51 W 51 Crum Ave E Stillwater Ave E Will na SlF 5 PIT n S1Y1 Wllrarrl 51 W N N 471 Churini[I5IVY H Hgnc or k St l4 La MarkoS1W Or I reef 51 W WIIIk1C StM, rl a s` S d 2, Hilltop Ne r r• Halloo Ln `1 0 ro'k Ii0U1t011 N Church 51 • Shurthill 51 EQ Dubuque Sl E Hancock SI E In Dui -Herron St E4 q' SIT/ Old WI .35 Heulren Scheel Cu x Sources.:_Esri.l'HErRE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI., Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community iliwater THE B1R1HPLACE OE MINHESOTA Short Term Home Rentals DDowntown District License Status o Approved * Pending Stillwater_ ' H F BIRTHPIAIF O F MINNFSOIA DATE: September 6, 2022 TO: Honorable Mayor & City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: 2022 Harvest Fest Event Application BACKGROUND Summer Tuesdays, Inc. has submitted an event application for a Special Event permit to hold the 2022 Stillwater Harvest Fest on October 8-9, 2022. The Harvest Festival will be open to the public on Saturday & Sunday from 10 a.m. to 6 p.m. The Harvest Fest is a free, family friendly annual event held in downtown Stillwater that includes a giant pumpkin weigh off, pumpkin regatta, live music, kids' activities, beer garden, chili cookoff, pie eating contest, kids costume parade along with other activities. The event organizers are requesting to use North Lowell Park along with Parking Lots 4, 5, 9, 10 and Mulberry Circle (for 3 days). Set up would begin at 8:00 a.m. on Friday, October 7th. Load -out and clean-up will occur by Monday, October 10th from 7:00 a.m. — 12:00 PM. Summer Tuesdays, Inc. is requesting the use of parking Tots 4, 5, 9, 10 for 2 days and Mulberry Circle for 3 days. All associated fees will be invoiced according to the City's current Fee Schedule including: Parking Fees ($2,067.00), Base Fees + Load -in Fees for 3 days ($1,500.00), Temp. Liquor License Fees for 2 days less $25 paid ($1,975.00), Food Vendor Fees for 2 days ($100.00) and the Event Application ($100) for a total of $5,742.00. RECOMMENDATION Staff recommends approving the 2022 Harvest Fest Event Application. ACTION REQUESTED The City Council should review the event application materials. If Council wishes to approve the event, they should pass a motion approving the 2022 Harvest fest Special Event Contract and Temporary Liquor License and enter into a contractual agreement with Summer Tuesdays, Inc. Attachments: Event Application, Site Plan and Contract 2022 STILLWATER HARVEST FEST AGREEMENT THIS AGREEMENT, between the CITY OF STILLWATER, Washington County, Minnesota ("City"), and SUMMER TUESDAYS, INC., a Minnesota non-profit corporation, ("Organizer") 1. Harvest Fest. The City has encouraged the Stillwater Harvest Fest ("Event") in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. 2. Dates and Hours of Event. Operations are limited as follows: Setup: Friday, October7— 8:00 a.m. — 10:00 p.m. Event: Saturday, October 8 — 10:00 a.m. — 6:00 p.m. Sunday, October 9 — 10:00 a.m. — 6:00 p.m. Cleanup: Monday, October 10 — 7:00 a.m. — 12:00 p.m. Load In/Load Out: Organizer will coordinate the Load In/Load Out times for the event with the Public Works Department by September 16, 2022. 3. Event/Alcohol. Harvest Fest has been granted conceptual authority to dispense intoxicating liquor at the Event. This approval is subject to the Organizer applying for and being granted a Temporary Liquor License and Consumption Permit as allowed by the Stillwater City Code and State Law. All Licenses must be approved and proof of Liquor Liability Insurance Coverage must be submitted to the City Clerk by September 16, 2022. This Agreement will set forth the terms and conditions that will control the dispensing of Liquor at the Event. The event will have alcohol sales Saturday and Sunday from 10:00 a.m. to 6:00 p.m. a. The Area. The area where dispensing of Liquor will be permitted in a contained area as advised by the Police Department. b. Fencinq/Demarkinq of Venue. The Venue Area must be demarked by the Organization. The demarked area must be adequate to ensure that alcohol sales and consumption remain inside the venue area. A breach of the venue area is grounds for the Police Chief to terminate all alcohol sales in the area. c. Tents. The Fire Department shall inspect all large tents (beer garden, etc.) d. Security. For the purpose of this plan, the Organizer shall increase the paid private security and/or increase the Stillwater Police presence to ensure that the alcohol stays within the venue area. The Police Chief will determine the increase in the Stillwater Police Department presence. A paid professional security guard/police personnel must be in place to ensure that no beer or liquor enters or leaves the Area. e. Types. No Liquor is allowed in the Area except that Liquor which is sold by the Organization. The Organization is responsible to see that no other Liquor is brought in the Area. The Organization must not allow bottles, containers or coolers to be brought into the Area. f. Signs. The entire venue MUST be posted with signs that state NO ALCOHOL BEYOND THIS POINT at regular intervals (50-75 feet apart); signs should be a minimum of 18 x 24 in. The number and content of which must be approved by the City Police Chief describing the regulations prohibiting Liquor outside of the Area, as well as prohibition against Page 1 of 6 9. participants bringing their own Liquor into the Area and the requirement for identification bracelets must be worn to consume alcohol. Identification. The Organization will provide liquor identification bracelets. The Organization will permit no one to consume Liquor unless they are wearing an identification bracelet. The Organization will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. h. Compliance. The Organization shall obtain a temporary liquor license for beer/wine tasting on Saturday, October 8 and also obtain an alcohol consumption permit for the same days with respective fees paid to the City. Prior to opening date of the Stillwater Harvest Fest, the Organization must develop a management policy or program regarding all aspects of alcohol compliance, including the problem of under -age consumer, sales after hours, over -serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Organization must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Event. i. Inspection. The Organization acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43-8, which authorizes that all premises from which intoxicating Liquor is offered at on -sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. j. Liquor Liability Insurance. The Organization agrees to provide the City an insurance certificate for Liquor Liability during the event by September 16, 2022. 4. Trail. The bicycle and pedestrian trail from Laurel Street to Myrtle Street must remain open to the public and unobstructed during the Event unless approved by City Staff. 5. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Security. Lessee shall confer with the Chief of Police as to the advisability of closing the Mulberry Street (Mulberry Point Circle) and shall hire any security personnel/police personnel the Stillwater Police Chief requires. Should the City have to hire outside agencies, the City will invoice the Organizer for any additional costs. 8. Use of Parking Lots. The organizer is aware and will inform all vendors and event participants that staking into the asphalt, etc. Is not allowed (any damage repair will be paid for by the organizer). The Event is given use of parking Lots 4 5, 9 and 10 and Mulberry Circle. The Organizer agrees to pay the City for the use of the parking lot according to the fee schedule designated by the City Council. Page 2 of 6 The City prefers the Association to stage the event in Lowell Park rather than in public parking Tots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. Use of public parking lots will be approved only as an alternate or if sufficient space does not exist in the Park to accommodate all event activities. If in the opinion of the City, public parking Tots will be needed, then the preferred Tots for use would be Lots 4, 5, 9, and 10. These lots will be available to the Association exclusively from Friday AM until Monday AM of the Event weekend. 9. Event Fees. The Organizer agrees to submit event fees as stipulated in the 2022 Fee Schedule payable to City by September 16, 2022. The Organizer shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system cannot be damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Public Works will provide irrigation locates in areas where tents will be staked on Friday, October 7, 2022. 11. City Costs. Organizer will prepay the City for the estimated costs of the City Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services and materials, needed to safely conduct and maintain the Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing (i.e., neighborhood meeting expenses and/or city equipment) shall be received by the City no later than September 16, 2022. Failure to make the payment will result in the cancellation of the Event. In the event of a cancellation of this Event after the deposit or fees are made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 12. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to provide portable toilets to augment the existing facilities, barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. Portable Toilets. The Organization must furnish at least 8 portable restrooms, with hand sanitizing to facilitate expected crowds. Additional portable restrooms must be provided by the Event Organizer if deemed necessary to protect public health as determined by the Public Works Department. b. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however, the Event Organizer will be responsible for maintaining, cleaning, security and supervision for the restrooms. If the Event Organizer does not have the manpower to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate) to be invoiced to the Event Organizer. The City shall be notified 2 weeks in advance of the Organizer's intent on maintaining the City restrooms. Page 3 of 6 c. Barricade Placement. i. The City will place notices of parking lot closures 24 hours before October 7, 2022 and place notices of no parking for all on -street parking requested in this agreement. ii. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on October 7 at the parking lot entrances as designated by the Public Works Department. This will inform users of the parking lot closure for the Event. iii. To ensure traffic and pedestrian control the Association must place standard reflective barricades according to a plan approved by the Public Works Director, Police Chief or their designees. Barricades may be supplied by the Association, or by the City. Charges for the City supply of barricades are set forth in the current City Fee Schedule. The City may place additional traffic control barricades to protect public safety at City expense based upon a plan developed by the Public Works Director and Police Chief or their designees. The plan for placement of additional public safety traffic control barricades shall be shared with the Organizer by September 16, 2022. d. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. If possible, Organizer will provide recycling and organics containers for the Event. e. Electricity and Water. i. Each electrical box needed for the Event will be opened by the City on October 7, 2022. ii. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. iii. The City shall provide the Organizer a key for the water shut off valve. The Organizer shall provide a $50.00 deposit for such key and will be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the Monday following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, Monday following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 13. Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking Tots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Public Health and Environment. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Public Health and Environment. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Page 4of6 Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. c. The Organizer agrees to provide 2 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 14. Other Agencies. Organizer is responsible for obtaining all agreements and permits with outside agencies (e.g. MnDOT, MN State Patrol, Washington County, Washington County Sheriff, MN Department of Natural Resources, Lakeview EMS, and any other agencies requiring permits for the event) and must submit copies of permits to the City from other agencies by September 16, 2022. 15. Insurance, Hold Harmless, and Indemnity. The Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement, except for those claims, causes of action or demands that arise out of the sole negligence, gross negligence and/or willful misconduct of the City or any of its agents or employees. Organizer also agrees to provide to the City-evidence-of-insurance_coverage-of_at_least_the_statutoryIiabilit_y limits foLmunicipalides covering claims that might be brought against the Organizer that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear." Insurance Certificate must be received by the City no later than September 16, 2022. The insurance protection will have the following limits: a. $1,500,000 for any number of claims arising out of a single occurrence, and to name the city as an additional insured "as their interests may appear." b. Comprehensive Automobile Liability: i. Bodily Injury: $500,000 Each Person and $1,000,000 Each Occurrence ii. Property Damage: $100,000 Each Occurrence c. Worker's Compensation Coverage. 16. Event Application. The Event Application (not attached to Agreement) including revisions, correspondence, site plans and insurance for the Event as submitted by the Organizer is considered part of this Agreement. Any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. Page 5 of 6 IN WITNESS WHEREOF, the parties have set their hands this 6th day of September 2022. STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON SUMMER TUESDAYS, INC. Cory C. Buettner, President On this day of 2022, before me, a Notary Public within and for said County, appeared Cory Buettner to me personally known, who, being duly sworn, did say that he is the President of Summer Tuesdays, Inc. and that this instrument was signed as the free act and deed of the corporation. Notary Public CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk STATE OF MINNESOTA ss COUNTY OF WASHINGTON On this 6th day of September 2022, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Beth Wolf, to me personally known, that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public Page 6 of 6 THE SININPLACE Of NINNEIOTA EVENTS PERMIT APPLICATION 216 4th Street North, Stillwater, MN 55082 Telephone: 651-275-4101 Fax: 651-275-4112 Email: pubwrks@ci.stillwater.mn.us Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: 6/25/2022 Office Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Stillwater Harvest Fest 10/07/2022 8:00am 10:00pm Event Date/Time: Set up: Date Time to Actual Event: Date 10/08 - 10/9/2022 Time 10:00am to 6:00pm Clean up: Date 10/10/2022 Time 7:00am to 12:00pm (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) North Lowell Park Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) Stillwater Harvest Fest is a free, family friendly event held in downtown Stillwater. Historically, one of the top 3 Giant Pumpkin Weigh -offs world-wide. Our mission is to provide families in the Stillwater area and guests from outside the area with family oriented fun and a great experience in Greater Stillwater Area. We host a Giant Pumpkin Weigh Off, Pumpkin Regatta, Live Music, Kids Activities, Beer Garden, Chili Cook -Off, Pie Eating Contest, Kids Costume Parade and more! Estimated Attendance (participants and spectators): 10,000-20,000 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Summer Tuesday, Inc. Mailing Address: 101 Water Street South City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Cassie McLemore or Cory Buettner Phone Number: 651-587-8970 Fax: Cell Phone: geoseivagaa Email Address: cassiemclemore@gmail.com Website Address: www.harvestfeststillwater.com Name of contact person during event: Cassie McLemore Cell Phone: NOWNetait Alternate contact during event: Cory Buettner Cell Phone: Noggovion Refer media or citizens inquires to: Cassie McLemore Phone: gbEosomo4i Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features 10. Anywhere from 18' Will any signs/banners be put up No ■ Yes O Number and size: y x 3' and small 3 analler. Will there be any infiatables? No • Yes U. Insurance certificate from rental vendor isrequired Live Music, Inflatables, Fees for electricity may Will there be entertainment? No ■ Yes f� What type: Weigh -Off apply see Instructions (likely 10AM-6PM) 10AWill sound amplification be used? No • Yes Hours and Type: Live MusicuPM al btands Live bands - several Up to a 40'x80' tent. likely smaller. Will a stage or tent(s) be set up? No ■ Yes f3 Dimensions: Will there be temporary fencing? No F7 Yes • How many up to 60 Fees for electricity may Will merchandise/food items be sold? No ■ Yes Qvendors expected: apply see Instructions Will food be prepared on site? No ■ Yes QX Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No • Yes U. Contact Stillwater Fire Department 351-4950 Will alcohol be served but not sold? No f 1 Yes ■ See Alcohol Regulations in the instructions Will alcohol be sold? No IN Yes ® See Alcohol Regulations in the Instructions Will there be a fireworks display? No Ei Yes • Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. We will need all of the boxes on Lot 9, the amphitheater, and Lot 5. Power will be used for vendors, kids activities and music. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available We will be sending out press releases, advertising on social media and possibly radio. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No O Yes IN Start/End Time: Date: City Sidewalks or Trails No O Yes • Start/End Time: Date: Public Parking Lots or Spaces No ■ Yes IM Start/End Time: 8am-12:OOpm Date: 10/8-10/10/2022 Fees may apply Will event need barricade(s)? No ■ Yes Ei Number needed: up to 5 see Instructions Fees may apply Will extra picnic tables be needed? No I Yes MINumber needed: see Instructions Will portable restrooms be needed? No 0 Yes 4 Number needed: 8 Fees may appty see Instructions Fees may pply Will extra trash receptacles be needed? No [ 1 Yes • Number needed: see Instructions Describe trash removal and cleanup plan during and after event: We have in the past, worked with Maroney's Sanitation for trash receptacles at Harvest Fest. We plan to do the same. Will event need traffic control? No ® Yes ■ Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: We have never had an issue with crowd control before, however we do hire security staff to assist with safety issues that may arrise. Nothing is fenced, so we do not need emergency exits, etc. Being that this is a daytime, family oriented event, to date, we have not had any issues. Fees may apply see lnstructions Will "No Parking Signs" be needed? No M Yes • Number needed: Show location(s) on site map Will event need security? No • Yes K1 If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: We use Security Specialists Inc. Sam Ehlenz - 5811lid%kS Will event need EMS services? No ■ Yes M. Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: We have first aid kits at our information booth. We have EMS services on standby during our Pumpkin Regatta, and in addition have two safety boats in the water. Describe the emergency action plan if severe weather should arise: We do watch the weather carefully the week ahead and during the event. If a severe weather event should happen, we would get on our stage and make announcements to clear people. We also would have our volunteers, police at the event and security team alert the public that we are clearing the park. The Water Street Inn is a shelter for our event in the event of severe weather. List any other pertinent information: We will only need Parking Lot 10 on 10/9 & 10/10. Parking Lot 4 will only be needed on 10/8 & 10/9. We would like to use Sam Bloomer Way on Saturday only for pumpkin load in and load out. This will alleviate traffic on Myrtle and Main Street. We will have a security guard posted to only let in growers who are dropping off and picking up pumpkins. The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillwater nd ' •/ lease of Liability. Signature of Ap or Authorized Agent 06/25/2022 Date Lot 11 Lot 8b Lot 8a Lot 7 • Parking Lot 4 (friday + saturday only) Mulberry Circle (drop area) (saturday + sunday only) alcohol perimeter Type 3 Barricade Porto Potties L I11wat!r THE BIRTHPLACE OF MINNESOTA DATE: September 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Ordinance (Second Reading) — Amend City Code Section 31-325 (Non - Residential Allowable Uses) Establishing Allowable Areas for Therapeutic Massage Businesses BACKGROUND The City Council approved the first reading of this Ordinance on August 16 and is now eligible for second reading/adoption. Attached is a proposed second ordinance related to the recent addition of the City's Massage License requirements. The previous Ordinance added the licensing portion of the program. As part of that review, it was determined that the Zoning Code's Use Table was not clear on where massage establishments were allowed. This Ordinance clarifies this point. RECOMMENDATION The Planning Commission recommended approval of the Ordinance with the addition of the definition of Therapeutic Massage Business to the Zoning Code (has been included with updated draft attached hereto). ACTION Motion to approve the Second Reading of the Ordinance related to Therapeutic Massage Businesses. City of Stillwater Washington County, Minnesota ORDINANCE NO. 1194 AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-325 REGARDING THERAPEUTIC MASSAGE BUSINESS LOCATIONS The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Chapter 31, Article I, Sec. 31-101 is hereby amended to include the following definitions. Therapeutic Massage Business means a business that offers therapeutic massage services as defined by City Code Sec. 41-9. SECTION 2 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-325 of the City Code, Allowable Uses in Non -Residential Districts - Retail, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-0 BP -I CRD PA PWFD PROS HMU NC Retail Therapeutic Massage Business P P P P P NP P P P SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance establishes areas of the City that will allow Therapeutic Massage Businesses to operate. Therapeutic Massage Businesses will be limited to the properties within the General Commercial District, Central Business District, Village Commercial District, Business Park — Commercial District, Business Park — Industrial District, Campus Research District, Highway Mixed Use District and Neighborhood Commercial District. SECTION 4 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of , 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk iliwater THE B I R TH P i AC E OF MINNESOTA DATE: September 1, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Tobacco License for Grocers Unlimited LLC dba Lens Family Foods BACKGROUND Lens Family Food has changed hands. Grocers Unlimited LLC now operates Lens Family Foods at 101 Owens Street N. With this management change a new tobacco license needs to be issued. An application has been received and processed. RECOMMENDATION Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building and Finance Departments. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion adopting a resolution approving the new tobacco contingent upon the satisfactory investigations and inspections from Police, Fire, Building and Finance Departments. City of Stillwater Washington County, Minnesota RESOLUTION 2022-XXX APPROVING NEW TOBACCO LICENSES FOR GROCERS UNLIMITED LLC DBA LENS FAMILY FOODS WHEREAS, a request for a new tobacco license has been received from Grocers Unlimited LLC dba Lens Family Foods located at 101 Owens Street N; and WHEREAS, approval is contingent upon fulfilling all requirements to hold a Tobacco license, the satisfactory investigation, inspections, and approvals from the Police, Fire, Building and Finance Departments. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a new tobacco license for Grocers Unlimited LLC dba Lens Family Foods located at 101 Owens Street N, Stillwater, MN. Adopted by Stillwter City Council this 6th day of September 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk iliwater THE BIRTHPACE OF MINNESOTA DATE: September 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Declaring Costs to be Assessed, Ordering Preparation of Assessment Roll and Calling for the Hearing on Proposed Assessment for the 2022 Street Improvement Project (Project 2022-02) DISCUSSION The contractor is progressing on the 2022 Street improvement Project. The project is scheduled to be completed by the end of October 2022. Based on the work completed and estimating the cost of the remaining work, staff has projected the total cost of the project to be $2,425,920.00. The assessment roll needs to be prepared and a hearing held. It is proposed that that the hearing will be held October 4, 2022. This will certify the project to the County this year. RECOMMENDATION Staff recommends that Council declare costs, authorize the preparation of the assessment rolls, and call for a hearing on the project. ACTION REQUIRED If Council concurs with the recommendation, they should pass the following resolutions: 1. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR THE 2022 STREET IMPROVEMENT PROJECT (PROJECT 2022-02). 2. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR THE 2022 STREET IMPROVEMENT PROJECT (PROJECT 2022-02). City of Stillwater Washington County, Minnesota RESOLUTION 2022-XXX RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 2022 STREET IMPROVEMENT PROJECT (PROJECT 2022-02) WHEREAS, a contract has been let and costs have been determined for the improvement of streets and utilities at $1,965,000 and the expenses incurred or to be incurred in the making of such improvement amount to $460,920.00 so that the total cost of the improvement will be $2,425,920.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $819,446.32 and the portion of the cost to be assessed against benefited property owners is declared to be $1,606,473.68 2. Assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2023, and shall bear interest at the rate of (4.50%) four and a half percent per annum from the date of the adoption of the assessment resolutions. 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the Stillwater City Council this 6th day of September, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2022-XXX RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2022 STREET IMPROVEMENT PROJECT (PROJECT 2022-02) WHEREAS, by a resolution passed by the Council on September 6th, 2022, the city clerk was directed to prepare a proposed assessment of the cost for the 2022 Street Improvement Project. The following is the area proposed to be assessed; Properties abutting 1st Street S (Willard St E to Orleans St E), 2nd Street S (Willard St E to Orleans St. E), Burlington Street E (3rd St S to 5th Ave S), Hancock Street E (3rd St. S to 6th Ave S), Marsh Street E (3rd St S to 6th Ave S), Willard Street E (3rd St S to 1st St S) Kallie Court, Mallard Court, Wildwood Court, Wildwood Lane, Eagle Ridge Lane, Eagle Ridge Place, Grove Street S (Olive St W to Myrtle St W), Hancock Street W (East of Everett St), Ramsey Street W (Brick St S to Grove St S), Everett Street S (Orleans St W to Churchill St W), Brick Street S (Olive St W to Myrtle St W), 4th Street S (South of Olive St), Dubuque Street (6th Ave S to 5th Ave S), Cherry Street W (4th St N to 3rd St N); and WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1 A hearing shall be held for the project on the 4th day of October, 2022 at 7:00 p.m., or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He/she may at any time thereafter, pay to the City Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Stillwater City Council this 6th day of September 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk iliwater THE B I R TH P i AC E OF MINNESOTA DATE: September 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Declaring Costs to be Assessed, Ordering Preparation of Assessment Roll and Calling for the Hearing on Proposed Assessment for the 2021 Sidewalk Rehabilitation Project (Project 2021-06) DISCUSSION The 2021 Sidewalk Rehabilitation Project (2021-06) was awarded in conjunction with the 2022 Street Improvement Project. The contractor is progressing on the 2022 Street improvement Project. The project is scheduled to be completed by the end of October 2022. Based on the work completed and estimating the cost of the remaining work, staff has projected the total cost of the Sidewalk Rehabilitation Project to be $39,287.50. The assessment roll needs to be prepared and a hearing held. It is proposed that that the hearing will be held October 4, 2022. This will certify the project to the County this year. RECOMMENDATION Staff recommends that Council declare costs, authorize the preparation of the assessment rolls, and call for a hearing on the project. ACTION REQUIRED If Council concurs with the recommendation, they should pass the following resolutions: 1. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR THE 2021 SIDEWALK REHABILITATION PROJECT (PROJECT 2021-06). 2. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR THE 2021 SIDEWALK REHABILITATION PROJECT (PROJECT 2021-06). City of Stillwater Washington County, Minnesota RESOLUTION 2022-XXX RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 2021 SIDEWALK REHABILITATION PROJECT (PROJECT NO. 2021-06) WHEREAS, a contract has been let in conjunction with the (2022 Street improvement project) and costs have been determined for the rehabilitation of existing sidewalks and the contract (bid) prices for such improvement is $35,862.50 and the expenses incurred or to be incurred in the making of such improvement amount to $3,425.00 so that the total cost of the improvement will be $39,287.50 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $19643.75 and the portion of the cost to be assessed against benefited property owners is declared to be $19643.75 2. Assessments shall be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January 2023, and shall bear interest at the rate of four- and one-half percent (4.5%) per annum from the date of the adoption of the assessment resolutions. 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the Stillwater City Council this 6th day of September, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2022- RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2021 SIDEWALK REHABILITATION PROJECT (PROJECT 2021-06) WHEREAS, by a resolution passed by the Council on September 6th, 2022, the city clerk was directed to prepare a proposed assessment of the cost for the 2021 Sidewalk Rehabilitation Project. The following is the area proposed to be assessed. 1106 6th Ave S, 1112 6th Ave S, 1346 6th Ave S, 102 3rd St S, 104 3rd St S, 108 3rd St S # 3, 106 3rd St S, 110 3rd St S, 112 3rd St S, 114 3rd St S, 116 3rd St S, 118 3rd St S, 120 3rd St S, 1010 3rd St S, 115 4th St N, 547 Adeline Green, 282 Country Rd, 286 Country Rd, 342 Country Rd, 323 Holcombe St S, 129 Liberty Pkwy, 132 Main St S, 501 Main St N, 610 Main St N, 106 Main St S, 113 Main St S, 228 Martha St N, 3550 Settlers Way; and WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. A hearing shall be held on the 4th day of October, 2022 in the city hall at 7:00 p.m., or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He/she may at any time thereafter, pay to the City Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Stillwater City Council this 6th day of September, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk iliwater THE B I R TH P i AC E OF MINNESOTA DATE: March 10, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Fee Schedule Amendment for CBD Licensing and Violations BACKGROUND The City has established regulations surrounding CBD zoning and licensing. As part of the licensing process an application fee needs to be established. Staff has researched many other cities and states on their licensing fees. Cities are charging anywhere from $500 (tobacco -type) to $10,000 (liquor -type) per year. The City will be licensing stores that sell intoxicating CBD products, not stores that sell non -intoxicating products similar to tobacco stores. In addition to establishing the CBD Retail Establishment License Fee, Council needs to establish the background investigation Fee for the application as well as establish fees for violations that may arise. Attached is an excerpt of the 2022 Fee Schedule pertaining to Alcohol and Tobacco Fees for your reference. RECOMMENDATION Staff recommends the CBD Retail Establishment License fee mirror the City's on -sale intoxicating liquor license fee since CBD is an unregulated intoxicating drug unlike Tobacco which is non -intoxicating and regulated. The City's on -sale liquor license fee is currently set at $2,887.50 per year. However since the City hasn't increased the on - sale liquor license fees since 2006 and is currently below average compared to other cities similar in population, staff is recommending to set the CBD license fee higher at $4,000 since compliance checks and frequent walk-throughs will require staff resources. Prior to 2006 the City's on -sale liquor license fee increased $100 year each. If the city would have continued increasing the liquor license fee $100 each year, the fee would currently be at $4,587.50. Also upon reviewing other cities, the average on -sale intoxicating liquor license fee is $3,700 per year which is higher than the City's current on -sale liquor license fee. Staff recommends the CBD license background investigation fee mirror the City's current alcohol licensing investigation fee which is $300 for new applications and $150 for renewals. This fee also hasn't changed since 2004. Upon review of our alcohol and tobacco fee schedule for violations, there are some similarities that CBD establishments should follow. The sale of intoxicating products to underage person and the refusal to allow inspections should mimic our fees set for alcohol violations. All other violations (ie. internet sales, delivery services, mobile sales, sampling, having more than .3% THC, etc) of the CBD Licensing ordinance is recommended to be set at $500 for each offense with doubling the fee upon each repeat offense. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION AMENDING FEE SCHEDULE RESOLUTION 2022-004 FOR CBD RETAIL ESTABLISHMENT LICENSING AND VIOLATIONS City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx RESOLUTION AMENDING FEE SCHEDULE RESOLUTION 2022-004 FOR CBD RETAIL ESTABLISHMENT LICENSING AND VIOLATIONS WHEREAS, the Stillwater City Council adopted Resolution 2022-004 entitled "Resolution Approving the City of Stillwater 2022 Fee Schedule" on January 4, 2022; and WHEREAS, an amendment on the fee schedule is needed to add CBD retail establishment licensing and violations fees; and NOW THEREFORE, BE IT FURTHER RESOLVED by the Stillwater City Council that the City of Stillwater 2022 Fee Schedule is hereby amended to reflect the following changes: Liquor, CBD & Tobacco Licenses Annual Investigation (Liquor, CBD & Tobacco) Initial Liquor and CBD Investigation Fee Initial Tobacco Investigation Fee CBD Retail Establishment License Tobacco License Liquor, CBD & Tobacco License Violation Appeal Fee Per Year $150 $300 $250 $4,000 $250 per year $100 + Hearing Officer Fee ($90 hr) CBD Violations * Same licensed premises within 36 month period of first violation 1st 2nd 3rd Offense and Offense Offense* subsequent* Sale/purchase of CBD $500 $750 + 3 day $1,000 and Revocation intoxicating products to/by Suspension underage person Refusal to allow City Inspectors 5 day 15 day & Police to inspect premises Suspension Suspension Revocation Double the amount of scheduled fine for the previous violation, up to a maximum CBD Ordiance Violations $500 of $2,000 Adopted by Stillwater City Council this 6th day of September, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXCERPT OF THE 2022 CITY OF STILLWATER FEE SCHEDULE Liquor & Tobacco Licenses On -Sale On -Sale Club On -Sale Sunday On -Sale Extend Hours for World Cup Off -Sale On -Sale Wine On -Sale Wine w/Strong Beer On -Sale 3.2% Malt Liquor On -Sale 3.2% Malt Liquor Extend Hours for World Off -Sale 3.2% Malt Liquor Brewer Tap Room Brewer Off -Sale Small Brewer Off -Sale Brewers Tap Room On -sale Sunday Consumption & Display 2 A.M. On -Sale Micro Distiller Cocktail Room Micro Distiller Off -Sale Temporary On -Sale or 3.2% Liquor License Using Private Property Using City Property with over 250 people Using City Property with 75 to 250 people Using City Property with under 75 people Annual Investigation (Liquor & Tobacco) Initial Liquor Investigation Fee Initial Tobacco Investigation Fee Tobacco License Liquor & Tobacco License Violation Appeal Fee Per Year $2,887.50 $446.25 $200 $250 $200 $315 $477.75 $162.75 Cup $250 $57.25 $500 $200 $200 $200 $250 initial + $250 Payable to AGED $200 initial + $200 Payable to AGED $2,887.50 $200 *Fee includes AGED license and required public safety services $25 per day $1,000/day* $250/day* $25/day $150 $300 $250 $250 per year $100 + Hearing Officer Fee ($90 hr) Alcohol Violations *Look back period for multiple offenses is no more than 5 years After hours display or consumption of alcoholic beverages After hours sales of alcoholic beverages Commission of a felony related to the licensed activity Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages Refusal to allow City Inspectors or Police admission to inspect premises 1st Offense 2nd Offense 3 day 6 day Suspension Suspension 3 day 6 day Suspension Suspension Revocation N/A 3 day 6 day Suspension Suspension 5 day 15 day Suspension Suspension 3rd Offense* 4th Offense 9 day Revocation Suspension 9 day Revocation Suspension N/A N/A 9 day Revocation Suspension Revocation N/A Sale of alcoholic beverages while license is under suspension Sale/purchase of alcoholic beverages to/by underage person Sales of alcoholic beverage to obviously intoxicated person Revocation $500 $500 N/A N/A $750 + 3 day Suspension $750 + 3 day Suspension $1,000 + 9 day Suspension $1,000 + 9 day Suspension N/A Revocation Revocation Tobacco Violations *Same licensed premises within 36 month period of first violation. 1st Offense 2nd Offense* 3rd Offense and subsequent* Refusal to allow City Inspectors & Police admission to inspect premises Sale/purchase to/by underage person Unlawful self service sale Unlawful vending machine All other tobacco violations $300 $300 $300 $300 $300 $600 $600 $600 $600 $600 $1,000 and Revocation $1,000 and Revocation $1,000 and Revocation $1,000 and Revocation $1,000 and Revocation Glllwater THE BIRTHPLACEOFMINNESOTA DATE: September 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Lumberjack Landing Trail Addition Final Plat, Case No. 2022-62. BACKGROUND The City has working closely with the land owner of PID: 28-030-20-11-0088, the Stillwater Marina & Yacht Club in bringing the proposed plat before the Planning Commission and City Council. The purpose of the plat is to allow the City to purchase Property ensuring access and control to the recently acquired parks and recreation area known as Lumberjack Landing. Additionally, the plat will help clarify private Property line boundaries along the Brown's Creek trail property on the northside of the City of Stillwater. The existing Property is a narrow lot, measuring at approximately 2,031-feet by 39-feet with an area of 79,239 square feet. The Property used to contain a railroad and was operated as such until the Brown's Creek State Trail replaced the no longer utilized rail line. The parent parcel is being split into a total of three Outlots, A, B, and C. Outlots B and C are located on the portion of Browns Creek State Trail that stretches between the Zephyr Theatre and the Stillwater Marina & Yacht Club. Outlots B and C are proposed to remain under the current ownership. The third lot created, Outlot A, consists of the remainder of the parent parcel north of the Outlot B and C. The City of Stillwater anticipates purchasing this property for the purpose of providing the City more control and clearer access for the newly established Lumberjack Landing Site. The specific request is to subdivide an existing 79,239 square foot lot into three new Outlots within the Park, Recreation or Open Space District. LAND USE/PLANNING AND ZONING INFORMATION The Property is zoned within the Park, Recreation or Open Space (PROS) Zoning District. The purpose of the PROS district is to provide an area for private and public parks, recreation and natural open spaces, which are essential to support community health and wellness, and connecting the individual resident to natural and ecological stewardship and appreciation. The Property is currently guided as Park, Recreation or Open Space land use designation in the 2040 Comprehensive plan. This land use designation is new the City's comprehensive Plan, its primary goals are to provide, maintain, and continue to expand a variety of passive and active parks and recreational opportunities, both regionally and locally. The Property is currently being used as a regional trail and complements the 2040 Comprehensive Plan. FINDINGS Reviewing the bulk standards outlined in Section 31-324.1 indicate that the proposed plat is compliant with the standards outlined below: Required Proposed Lot Area N/A N/A 50 feet N/A -Structure Setback -from -all— Property Lines Maximum Structure Height 20 Feet N/A In reviewing the existing land use and land use table found in Section 31-325 indicates that the proposed plat is compliant and complements the purpose of the zoning district, with the existing land use as a state trail being permitted out right. Further, the proposed plat complements the goals of the Comprehensive Plan. By creating easier access to new parks and recreation opportunities, and preserving the existing ones. Staff is very supportive of this proposed plat due to its ability to clarify boundaries and further enhance access and meet goals outlined in our comprehensive plan. RECOMMENDATION The Planning Commission recommended approval of the Preliminary and Final Plat (Lumberjack Landing Trail Addition) ACTION REQUESTED Motion to approve the Preliminary and Final Plat (Lumberjack Landing Trail Addition) creating three new lots. RESOLUTION NO. 2022- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A PRELIMINARY PLAT FOR JUMBERJACK LANDING TRAIL ADDITION CASE NO. 2022-62 WHEREAS, The City of Stillwater made application for the approval of the Preliminary Plat known as LUMBERJACK LANDING TRAIL ADDITION; and WHEREAS, on August 24, 2022 the Planning Commission for the City of Stillwater held a public hearing on the preliminary plat for LUMBERJACK LANDING TRAIL ADDITION and took testimony from the public; and WHEREAS, on August 24th, 2022 the Planning Commission voted recommend approval to the City Council; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Preliminary Plat request for LUMBERJACK LANDING TRAIL ADDITION. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Exhibit A Legal Description North of 106 Main Street North. See Exhibit B. Exhibit B i EAST .SPE#1 STREET i Ht 'i Y 1 The &rtheiac r ci Mlnnalda Site Location PI D: 28.030.20.11.0088 General Site Location RESOLUTION CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING FINAL PLAT FOR LUMBERJACK LANDING TRAIL ADDITION CASE NO. 2022-62 WHEREAS, The City of Stillwater made application for the approval of the Final Plat known as LUMBERJACK LANDING TRAIL ADDITION; and WHEREAS, on August 24, 2022 the Planning Commission for the City of Stillwater held a public hearing on the preliminary plat for LUMBERJACK LANDING TRAIL ADDITION and took testimony from the public; and WHEREAS, on August 24, 2022 the Planning Commission voted recommend approval to the City Council; and WHEREAS, on September 6, 2022 the City Council reviewed the Final Plat and plans for LUMBERJACK LANDING TRAIL ADDITION and found them to be consistent with the preliminary plat and plans. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Final Plat for LUMBERJACK LANDING TRAIL ADDITION. Enacted by the City Council of the City of Stillwater, Minnesota the 6th day of September, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Exhibit A Legal Description North of 106 Main Street North. See Exhibit B. Exhibit B LUMBERJACK LANDING TRAIL ADDITION L,,,,-.,.-.1 -•;,.:,; ' j--Eretz6 -Fiiig 1 _; 6- 0-,0:-`7- - wz.la 'Ile lItif - ...4' *_ j •str . Wiro-' . so. vi.t....A,..:-/. r•••-_:;7 •1 ,. 4. -.......•-, 1 ,-.-.L--!---,--- *-1 P-, • A , t I . I • .4.• Si 0, I ab.r, 44.., ..,-1..: -4 :-- - 11"'"1"" ""f" : ‘.....- ,, I : ri MiSiF.11' 111U-..4 ear • 4 4g .•••Jo t•rd-lr"• EE,r711- - 44, "44,44,1- "r• - -• - - _ r- — " error, ‘wr CORNERSTONE 0 Sti 1 1water The Birthplace of Minnesota Site Location PID: 28.030.20.11.0088 250 500 1 000 Feet General Site Location 1 aas�� �►�;w� ill ; f s . ���� '�� 1 fig-, at.! �I I 1` j a -.--.--.---.---.-�-.-r `'y1 LUMBERJACK LAND 93NI7 H?1VYF•. ' 9,,14501 15133Hf a Jo 1 ! Yf+,t ,11,". V3NIl HJ1VIN txiqp w u Zz OLi vi; � LL. w'� Zet Oz z ua 1 I yp — ry Y '�� r i 7 1 —rix, n vs i Lr 1 �. . I r 1 1I 1 1 r I i : I , ) r , 1: I r) r,' 1 psi 1 ,. - -9j? --1.-1 r1 .f c 1 it as $ a w a a 4)'1 r 3a /f1 i r �? 2 1 3: / --I l y i 1 o oT v3 •i / ', // r-ems::, r Of •_II 1 1 i �/ r 1 / ( 1 1 , le"---1 1 1 �' ( "1-,— - - _- _-I `� .,_1 it 1 1--,r- y.r' 1 1 l `Y 1 1 1 I---`11 1 r 1 1 1i1—j.�4 f 1 _; 1 r ; r f 1—;. - r 1 1 1 1 +-_- 1r•,, 1 1 1 �1/1 -1—_ 1 1 :. r;r �� I i .s,1 1 1 f: l 11 1 , I r ;:ii r _Li r ;�: ► 7: - g 1 lia•1 r 11: IL, dda rl' "I .... ,, x w 1, ! 1 1, r C Ws 11r 1 :i 1 e� N -zu Ii 1 3 1 ~'11~-1r-y I 1 1r"- r 1"-4 f 1 1 r 1,'''. t 1 ♦r : V it I. I x. :karo"'":,_.4.7"m..,4 �..., 93xn H01Vw xwww 0,; SHEET 2 OF 2 SHEETS 0 : v v. In 3: 4 ' .1 1, ' • 71- JtL r r r:7 I , I ; V3NflHJIW LAtZ: aMXFORI. nitun 9f 7We1ef1I*IN R' 1Mnw 3FFw0MMI414M1 Cbb LLC, a Minnesota Ahmed liability company he owner of the following described property lItua pad In the County of Washington, See of Minnesota, to wit: That portion of IINSF wllway Company's (formerly Northern pacific Railway Company) Stillwater Branch right of way, as now located In Section I and Section 28, in Township 30 Nor.Range 20 West, Fourth Principal Meridian, Washington County, Minnesota described as follows: That portion of that certain 26-rootVMe ship of land described first in pad dated November P. IRK from Frank ',Lemon and el oFa 51Illwaer and Se Paul Railroad Company, rem.. Augu I STATE OF 13m1 1109, In Book 29 of Deeds, page 83, records al Washington COUNTY OF Canary, Minnesota. lying Southerly of a line drawn at right angleste instrumentThe foregoing was acknowledged before me this 0 dy f byA dy Mllon, the owner of the mMn track anerllne of said Stllwaer Branch al a paint distant Stillwater Marina. Yacht Club. CluLLC. a Minnesota limited liability company, on behalf of the company 6.3 feel Southerly of the Easterly extension of the South line of the Half al lot 9, Block 32 of Carll and Schulenbury's Addition to Stillwater, as measured along saki main track, as now located and constructed said IIm also being the Southerly bound,fthat (sIgnl tire) certain reel of Land described seventh In Donation Deed dated July Burlington Nonhem Railroad Company to Minnesota Transporhtion Museum, Inc, Also, a 30-loot-wide strip of land lying immediately East of the centerline of the mein track of said Stillwater Branch, as orbinaRy looted at, nelL Thurmes. do hereby certify that l have surveyed and platted ordieeotly supervised the surveying and planing of the property ad, lying holy of the Southerly boundary Rnc of saki described on Ibis plat as LUMBERJACK LANDING TRAIL ADDITION: that l am a duly Licensed land Surveyor in the State of Minnesota; that herelnabove descrIbed 26-b rvde s of land and Northerly of the this plat Is a bllon of the boundarytall matbemaltaldata and labels a correctly des n this ph[; that North line Laurel Street, ended Easterly In the original to all,. is depted an the plat have been rattly se talwater boundarieswet landsIn now Clw of oStlFate, Mlnnesoh.Eucepling therefrom, that certain strip Minnesota Statutes Section 50501, Salad. are shown and labeled; and all publkways 'ae shown and bbeled on this 5101. tl of land descdbed third In deed dated September B. 190E from Northern Pacific Railway Company to Northwest Thresher Company- Dated this ____ day of .2 Also, a 9-foot-wide strip of land lying Immediately West of the centerline I the main track of said Stillwaters Branch, ortinaRy located and cod, lying Southerly of thesoutherly boundary line of sale oanbl L.Thurmes, Licensed Land Surveyor, Minnesota License No.257113 LUMBERJACK LANDING TRAIL ADDITION Have used the same to be surveyed and platted as LUMBERJACK LANDING TRAIL ADDITION and doe hereby dedicate to the public lot publt use forever the easements created by Mk plat for drainage and utility purposes Or* in witness whereof saki Stillwater Marina R yacht Club, LLC, a Minnesota limited liability company, has cased Mese presents to be signed by Rs p per ofncer Ors —day 1 20 5loned Stara ter Marina M Yacht Club, LLC, a Minnesota limited liability company. Andy R. Melon, owner Ipnnled name, CUN nLeuIEstlaeuSreeteep of land and Northerly of the hnaLaurel Street, exten ded Easterly in the original town, now City of Stillwater, Minnesota. STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing Surveyor's Certificate was ackno.kdged before me on this_day of 202 by Da ill L Thurmes, Licensed Land Surveyor, In. cY. DakotaCounty, My Commission Eaphres January 31, 202S fikWNNO Of HMI T •TLI sr' i.e. 1if: E _ E �_ v``FS�r�.-- = --vim E i (0 o3 : .L.--iii-- _ _pap Iless.�.° "ffgr1 i "�aaTs � lf , - --I—= —��� I I I �n aL.r.. • itil}id,3%1 PLANNING AND ZONING COMMISSION of THEM,' of STILLWATER foregoing plat of LUMBERJACK LANDING TRAIL ADDITION was approved aaccepted by the phoning and Zoning Commhb sn al the ChB 01 Stillwater, ADDITIONandllwa era Minnesota this _day I 702 By .vice CNomoosnR h 1adaw wry CITYThis E plat of LUMBERJACK LANDING TRAIL ADDITION was approved by the CIry Council of the City of Stillwater, Minnesota, this day f 202 a d h by candles complbnce with all requirements as set forth In Mlnsesota Solutes. Section 50503, Subd.2 Rv 14,10, By Clerk loiurdclpic 11114 k11NYR11R ,I9pl, and In accordance with Minnesota Statutes, Section SOSA2 I, Su bd, I I,this obi has been reviewed and apprroved this_day of 202 By /R Washington County Surveyor IIIk�iLTi10 NMk'rF AMMO 4402E 11 Pu uto Mlnnesed StatueN s Section 505021, Sub, 9, boo pralob 61hS.1101_.e, [Fn Iu,R ReewbelanhMl1.*. Iwo Ynl.Y Also pursuant to Minnesota Statutes, Section 272.12, there w Wkablidwrrawl Moe AY WrRYrreiwPM Ray 202 M W.lwew*C 1Audi TT M YIrM tM1 T01r morn 4[L191. Gpwwffi 1aa I hereby cart* that this Instrument was recorded In the Office of the County Recorder for record on this _ day of 202_, at a'cbck—.M„ and was duly recorded,. War hingto n County Records, IA gLwaR CSarrly. rwlWtdA. h R n++del d w Ega� a1 is fZ ;p woo ruI SCALE: 1 INCH = 50 FEET SCALE IN FEET NORTH rod cull ro5P rwgoon. l g.151Hoe Dp.S00 r0[ Sv50.42R 0. c9M04Wer 502 of 2cl0.01, .0s tit card a3klw.W r*'aa+e • OIrv42125llr41� 11 .a 54eak.311. DENOTES FOUND+, 2 Rrg2 NM ME MARRED ELS IRO* 0 045011K1WN0 CAIre • .6+9pn laamo WMAIR.67131VCOINLV MONUMENT 640A C. dgm31410fgr1M RL?1fb1 92 coax OVER paw6tofu. x Rd..9at CORNERSTONE LAND SURVEYING, INC. SHEET 1 OF 2 SHEETS illwat!r THE BIRTHPLACE OF MINNESOTA DATE: September 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Ordinance Amendment (First Reading) - Campus Research District (CRD) Use Table and District Standard Amendment, Case No. 2022-56. BACKGROUND On July 22, 2022, Staff received a Conditional Use Permit application to allow a medical/dental clinic and office located in the Campus Research District ("the District", or CRD). Upon receipt of this application, Staff conducted an in-depth review of the district standards, previous applications for similar uses, and learned about development pressures that have affected the District in the past decade. In response to this review, Staff felt it appropriate to bring forward an ordinance amendment proposal for the Campus Research District that addresses design requirements and allowable uses. The review conducted by Staff assessed the purpose and goals of the Campus Research District, the design requirement standards, as well as the 2040 Comprehensive Plan's Land Use description. The review concluded with research surrounding past and current development pressures and trends. The purpose statement and goals for the Campus Research District in City Code indicate that development in the District is guided for a mix of office, research and development, and light manufacturing uses. Development is intended to be low -density, high -quality business park style development with amenities and open space, such as walking trails and parks. The CRD design requirements within the West Stillwater Business Park design guidelines overlay district, guides architectural, landscape, sign, and site design standards for development. Staff found that the performance standards for the CRD dictate that a Design Permit following the guidelines outlined in the West Stillwater Business Park should be required. The purpose of the West Stillwater Business Park design guidelines is to ensure consistent quality design and allow for review of new development proposals. When reviewing current practice of the administration of the West Stillwater Business Park design guidelines, most if not all design review is done as part of the Land Use Permit and without a Design Permit. Furthermore, all other commercial districts that are within the West Stillwater Business Park Design guidelines do not currently require a Design Permit, resulting in the possibility of inconsistent development and administration of standards. Currently, the Design Permit is utilized primarily, if not exclusively in our Downtown commercial and residential districts. When reviewing the current standards and administration of the West Stillwater Business Park design guidelines, it is staff's assumption that Design Permit requirement may have been an inconsistency missed from a previous ordinance amendment. Review of the underlying land use category, Research & Development Park, as outlined in the 2040 Comprehensive Plan states the goal of this district is to attract a major employer, specifically for a corporate center, research facility, educational institution, or medical/office campus. Currently, there is one medical campus model being considered on the western most portion of the Campus Research District. The proposed location is approximately 70 acres at the corner of Manning Ave N and Highway 36. Staff also reviewed previous development and development pressures affecting this district. In the past decade majority of the development of the vacant parcels in this district have consisted of separately owned medical/dental clinics and offices. Review of Section 31-325 describes that these uses are not explicitly permitted in the Campus Research district. That being said, the uses have been permitted through a Campus Research district Standard, Section 31-322 (b)(2), which allows "Similar uses by special use permit. Any other use or service establishment determined by the planning commission to be of the same general character as the specially permitted uses in Section 31-325 for the CRD district and which will not impair the present or potential use of adjacent properties. ". A key component for approval when utilizing the standard outlined in Section 31-322 (b)(2) is the Planning Commission making the finding that the proposed use is consistent with neighboring and existing uses and is compatible with the intention of the zoning district. All of the medical/dental office and clinic approved via conditional use permit have met these key requirements As a result of this review, Staff recommends an amendment Section 31-325, the use table, in order to permit medical/dental clinics and offices uses through the Conditional Use Permit rather than continue to rely on permitting "similar uses" per Section 31-322 (b)(2). The primary reason being, medical/dental clinics and offices have been and continue to be routinely determined compatible with the intention of the land use and district purpose statement and found to be an appropriate fit within the regional commercial area by both City Staff and Planning Commission. Additionally, staff believe that it would be prudent to amend the performance standards for the CRD within Section 31-322 to remove the Design Permit requirement, and continue to require that design regulations adhere to the West Stillwater Business Park Design Guidelines. This would allow for a more uniform administration of the West Stillwater Business Park Design guidelines, therefore providing clarity to developers and Staff reviewers. This draft ordinance amendment memorializes "Office; medical and dental" as a conditional use and removes the Design Permit requirement from the district standards. This action will help to clarify and maintain the intent of this district and bring the existing businesses into further compliance. This amendment will also assist staff in facilitating future discussions and conversations with potential developers and property owners. RECOMMENDATION The Planning Commission recommend approval of the Ordinance amendment. ACTION REQUESTED Motion to approve the First Reading of the Ordinance amendment related to Campus Research district standards and the non-residential districts use table. City of Stillwater Washington County, Minnesota ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-322 AND SECTION 31-325 REGARDING CAMPUS RESEARCH DISTRICT ALLOWABLE USES AND PERFORMANCE STANDARDS The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-322 of the City Code, CRD campus research district, is hereby amended as follows: Subd. (d) Other Requirements. (6) Design Regulations. Design regulations in the CRD district as follows: See West Business Park Plan Special Site and Design Guidelines, pages 18-20. SECTION 2 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-325 of the City Code, Allowable Uses in Non -Residential Districts - Offices, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-0 BP -I CRD PA PWFD PROS HMU NC N U ' Offices; medical and dental P CUP P P P CUP P P SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance establishes the use, office, medical and dental, as permissible via conditional use permit within the Campus Research District. It also amends the design requirement standards by removing the required Design Permit and requiring development follow the established West Stillwater Business Park Design Guidelines. SECTION 4 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of , 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Wwa: THE BIRTH PLACE OFMINNESOTA DATE: September 6, 2022 TO: Honorable Mayor and Council Members FROM: Ben Gutknecht, Assistant Planner SUBJECT: Consideration of a Right of Way (Unopened Third Street North) Vacation, CD 2022-24 BACKGROUND The Property Owners 101 Hazel St E have applied for a right of way vacation of an unopened portion of Third Street North adjacent to Schulenburg Park. Existing conditions of the right of way include a storm sewer line and a separate city granted right of way and utility easement, which crosses a portion of Third Street North. There does not appear to be any physical improvement on the existing right of way at this time. Including the existing storm sewer line, any other utilities existing in the right of way would need to be encumbered by a drainage and utility easement. In 1987 the City vacated the southerly portion of this section of Third Street North, likely to allow for development of a single-family dwelling. Six years later, the City granted a right of way and utility easement across portions of Third Street and Willow to allow the then owner of 1900 3rd Street North to access the property. Ultimately, the property owner of 1900 3rd Street North took access off of 2nd Street North and has not utilized the easement. The purpose for this request by the Property Owner at 101 Hazel St E centers around the desire to sell and/or develop an existing lot of record, located at 101 Hazel St E. Based on the underlying RA one -family zoning district, the existing lot is deficient in regards to the dimensional standards. Further, because the of the existing Third Street North right of way, this lot considered a corner lot, therefore is affected by a larger side yard setback of 30 feet. Due to these two factors developing the existing lot while conforming to strict compliance of the zoning ordinance would be prohibitively burdensome. RECOMMENDATION Staff recommends that the City Council approve the requested vacation of the unopened Third Street North and adopt the resolution vacating Third Street North. The vacation would create consistency with an already vacated portion of Third Street North. Further, with this section of right of way being located between a public park and existing lots of record, there appears to be no future developmental pressure that would require improvement of this public right of way. ACTION REQUESTED Motion to adopt the enclosed Resolution vacating a portion of a public right of way known as Third Street North. P I D: 21.030.20.13.0030 PART OF N. THIRD ST. K. MIDDLETON STREET VACATION DESCRIPTION PART OF N. THIRD STREET CARLI & SCHULENBURG'S ADDITION WASHINGTON COUNTY, MN PROPOSED VACATION DESCRIPTION: That part of North Third Street as dedicated in the plat of CARLI & SCHULENBURG'S ADDITION as perfected and on file in the office of the County Recorder, Washington County Minnesota, Tying South of East Hazel Street and North of the north line of Lot 3, Block 46 and its easterly extension. Said north line being the same as that described in Document No. 553625. Subject to easements & restrictions of record, if any. T:\3322 Gim Middleton \.010 Bdry & Topo @ 101 Hazel Street, Stillwater\22.07.15 Vacation Description_N. Third St.:docx PR E. HAZEL STREET SOUTH LINE, HAZEL ST. N. LINE, LOT 1 :.r PID: 21.030 20.13.0031 Ir S. LINE, LOT 1 K. MIDDLETON 101 HAZE ST., EAST STILLY,/ TER, MN PID: 21.030 20.13,0030 S. LINE, N. 1/2, LOT 2 (8 easterly extension thereon PID: 21.030.20.13.0032 N. LINE, LOT 3 (8 easterly extension thereof) i N. LINE, RESOLUTION NO. 7807 & DOCUMENT NO. 553625 PID: 21.030.20.13.0033 ©RMder & Associates. Inc. 2022. All Rioh1s Reserved HIRD STREET • PID: 21.030 20.13 0037 4 0 40 SCALE IN FEET PROPOSED VACATION DESCRIPTION: That part of North Third Street as dedicated in the plat of CARLI & SCHULENBURG'S ADDITION as perfected and on file in the office of the County Recorder, Washington County Minnesota, described as follows: All that part of said North Third Street lying south of East Hazel Street & north of the north line of Lot 3, Block 46 and its easterly extension. Said north line being the same as that described in Document No. 553625. Subject to easements & restrictions of record, if any = PROPOSED STREET VACATION SURVEYOR'S CERTIFICATION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and Thal I are a duy Licensed Land Surveyor under the laws of the Slate of Minnesota, 07/15/7022 Edward J Rock III Date License Number 43810 STREET VACATION EXHIBIT STILLWATER, MN REHDER & ASSOCIATES, INC. Cnu rnpnern 6 LAN Sane un 3440 Federal Drive. Suite 110 Eagan, MN 55122 (651) 452-5051 www.rehder.com PART OF NORTH THIRD STREET CARLI 8 SCHULENBURG'S ADDITION WASHINGTON COUNTY, MN FOR: GIM MIDDLETON T:\3322 Gim Middleton \ 01 Bdry 8 Topo @ 101 Hazel Street, Stillwater \ CAD \3322.010_C3D-Vacation Exhibd.dwg 7/15/2022 4:06 PM JOB k: 3322.010 DRAWN BY: EJR SHEET: 1 OF 1 City of Stillwater Washington County, Minnesota RESOLUTION 2022- A RESOLUTION VACATING A PORTION OF UNBUILT PUBLIC RIGHT-OF-WAY LOCATED WITHIN THE CITY OF STILLWATER, MINNESOTA WHEREAS, by that certain plat of Carli and Schulenburg's Addition to Stillwater, Minnesota recorded on November 30, 1867 in the Washington County Register of Deeds, as amended by that certain Sectional Map of Stillwater Minn. recorded as Document No. 416049 on March 19, 1981 in the Washington County Recorder's Office, Third Street was dedicated as a public right-of-way; and WHEREAS, Kathleen M. Middleton Revocable Trust, dated December 9, 1997, as amended ("Owner"), is the fee owner of the following real property in Washington County, Minnesota, with a property address of 101 Hazel Street, Stillwater, MN 55082: The East 50 feet of Lot 1 and East 50 feet of the North Half of Lot 2, all in Block 46, Carli and Schulenburg's Addition to Stillwater, Minnesota AND Abstract Property P I D: 21.030.20.13.0030 The South Half of Lot 2, Block 46, Carli and Schulenburg's Addition to Stillwater, Minnesota Abstract Property PI D: 21.030.20.13.0032 ("Owner's Property"); and WHEREAS, Owner petitioned to vacate a portion of Third Street adjacent to Owner's Property, legally described as follows: That part of North Third Street as dedicated in the plat of CARLI & SCHULENBURG'S ADDITION as perfected and on file in the office of the County Recorder, Washington County Minnesota, lying South of East Hazel Street and North of the north line of Lot 3, Block 46 and its easterly extension. Said north line being the same as that described in Document No. 553625. Subject to easements & restrictions of record, if any. and depicted on Exhibit A ("Street"), attached hereto and incorporated herein; and WHEREAS, the Street was never built; and WHEREAS, pursuant to Minn. Stat. § 412.851, on petition of the majority landowners, with a majority vote of its members, the City Council may vacate any street, alley, public grounds, public way or any part thereof within the City by Resolution; and WHEREAS, the City of Stillwater wishes to vacate the Street described above and depicted on Exhibit A; and WHEREAS, a notice of a public hearing on said vacation was duly published, posted and mailed in accordance with applicable Minnesota Statutes, and a public hearing was held on said vacation; and WHEREAS, the City Council of Stillwater then proceeded to hear all persons interested in said vacation and all persons interested were afforded an opportunity to present their views and objections to the granting of said vacation; and WHEREAS, the City Council of Stillwater has determined that the vacation would be in the public interest. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater as follows: 1. That pursuant to Minn. Stat. § 412.851, hereby vacates the Street described above and depicted on Exhibit A. 2. That said vacation has no relationship to the City's Comprehensive Plan and therefore the Stillwater City Council has dispensed with the requirements of Minn. Stat. § 462.356, Subd. 2, that may require the Stillwater Planning Commission to perform a Comprehensive Plan compliance review of said vacation that may constitute a disposal of real property pursuant to § 462.356, Subd. 2. 3. That the City Clerk shall prepare a notice to be presented to the Washington County Auditor reflecting the completion of the proceedings herein. Adopted by the Stillwater City Council this 6th day of September, 2022. ATTEST: Beth Wolf, City Clerk 2 CITY OF STILLWATER Ted Kozlowski, Mayor E. HAZEL STREET R10 2... 3)02013 TH31 5 LINE LC' S ORE N L^...OT 3 Al wareTw a rrvem rte mf. . .,. ... PC 1Oaa_O 1]PP32 N LINE LCT 3(B e.S.* ester elm eemarl N ANC. NESO.0 IO.N NO Tea: - - A DOCUMENT NC 5533625 AFJ: 2' 030 2313 0033 6 AWOL.. nrr+. NRDIDP•arns SO'JTM LINE HAZEL 5T n9▪ • PROPOSED VACA lON VA(ATFII THIRD STREET W W CC t- rn G zY T 1- z N6l0Jn0IP Boy A Tao Vitt N•2r aard ee1N dD)3:2ot0.e3ONarae Ea$ 11001P5P322. 3IRM PIO 21 330 20 13 CO31 sP„lZw l -• .. • 30 SCALE w FEET a0OPOSTO VACATION DESCRI'T10N. Pat Dart of North 'Ned Street as dedicated In the Oat of CARLI & SCRLLENBURG'S ADDITION as perfected and on file in the office of the County Retorter, Washngton County Minnesota, described as follows: All that part of said North Third Street Iysng south of East Hazel Street & north of the north Idle of lot 3, Block 46 and is easlerly extension Said Forth line berg the same as that describes in 2ocument No. 553625. Subject to easements & restrictions of retort, if any I-, '7 r PROU'OSED STREET VACATION V i�J SURVEYORS CERTIFICATION l Ixren'Y entry mot. 0aW5 PYn, 0 neat Dee 3Mp•rtl Wine antletry*rfwpenis: mdhMl ems tl+Y UtemeaLPns Ebrveto order me ►n doe Stele Al Mnnew a E-0nrd J Rock 111 License Nyrtar 13310 STREET VACATION EXHIBIT SIILL11MLR sou 4 RENDER i A�Opll 4•116 n tan F••wr Pne., SON I/O EMT. MO e422 •5240L1 n•rt • 3337010 o1MIO" Oslo PART OF NORTH THIRD STREET CARLI a SCHIAESSURO SAOp TON VM.SIMNCTCH CCOLJIJTY NN FOR: DIM MIDDLETON PALM 0 v m O Z O m cn rn m 0 W m 0 m v V 119IHX3 :x tiliwater THE BIRTHPLACE OF MINNESOTA DATE: September 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Yasmine Robinson, Planning Manager SUBJECT: Official Zoning Map Amendment (First Reading), Neighborhood Commercial District BACKGROUND During the development of the 2040 Comprehensive Plan, changes to the commercial land use categories in general were made to both clarify and better -reflect the community's desire to preserve the unique neighborhood commercial uses of the historic areas of Stillwater. In 2021, a Zoning Text Amendment (Case No. 2021-30) was approved (Ordinance 1172), that added the Neighborhood Commercial section (31-324.2) to the zoning code. The intent of the Neighborhood Commercial District is to better preserve the existing smaller commercial uses in neighborhood areas that are not associated with Downtown or the Highway 36 Commercial Corridor. There is no new development proposed associated with this Zoning Map Amendment. A copy of the newly created Neighborhood Conservation District is attached hereto. Allowable Uses can be found in City Code Section 31-325 (Non -Residential Allowable Uses). As part of the Public Hearing, at least one (1) Property Owner noted a potential error in a parcel to be included in the new district. Prior to the Public Hearing, Staff will verify that all appropriate parcels are included in the Zoning Amendment. Attached to this case is a copy of the Future Land Use Map from the Comprehensive Plan (see Neighborhood Commercial category for impacted parcels). Staff will develop an additional map that better highlights only the Neighborhood. Commercial District. RECOMMENDATION The Planning Commission recommended approval of the Zoning Map Amendment, provided that the Liberty Village and Fourth Street Parcels are removed. ACTION REQUESTED Motion to approve the First Reading of the Zoning Map Amendment. Al tK 12 Z j > _ W. WIL KINS • ch o p o J ASP EN ST.u) Z Z (n _I A,�. w ▪ W ELM Z Lo ST. C' ' ,ER 0 W. HICKORY ST. — f McKUSICK z S- OOL SI' vRE` W. MAPLE ST. LP `9(/R E� Z Sl. E. SI. r'fl W. LAUREL ~ a S - N MFADOWLARI�pR z �W cc CNER 0. ,�� w w E. Sl' ', ce z W. LINDEN O ST. w . L�Np EN M�\-BERRY z LOOKOUT �� MULBERRY ST Z w S�. ? OMMERC\P G ',� C Q ST 0‘,1.\ STERLING N ORTH Q Ir 2 0 SUNNY WAY W. RI CE ST• H 2 S� 2 N� \ SLOPELN Z Q YR 1-E ca (n MYRTLE • ST. 2 E- M G ES'C �v� °' 2 \� EIll S� z z S� E'er E�SON N S�• W. OLIVE SI- N N to a. OPK -� a ¶ ST. w } ¢ W. OAK ST. '� E S'(. O N ‘ �- 0° \N Na y \ > Z S J�J P .S-r• p'„y W U 0 w PINE SICt N NW� WI -� 2� 0 (� W� vsl S 4 ?' L 0 (/) WILLA RD g ST. E. BOG WIL LARD < ST. W. ABBOT ST. cn co vj LAKE Oz HUDSON ST. W. CHU RCH ILL ST. l— AI CHURCH ILL STvi QG 11( ST. _c I. 'i � -ID ST. ��'� W. ANDER SON r. N rn Q CC z CO 1- 1- (n RAM SEY ST. U H F..: m (n S. H EML OCK W. z E. E(44 ST D UBU QI The Birthplace of Minnesota s 410 205 0 410 820 Feet Neighborhood Commercial District 41 NeighborhoodCommercial This map depicts the underlying Zoning Code designation for aA properties Witten the municipal boundary of the City of Stillwater. All properties are also subject to requirements set forth in applicable zoning overlay districts Please see the City or S9gwater's Zoning and Environmental Feature Overlays map and the Zoning and Design review and Height Overlays map for additional Zoning Code classifications City of Stillwater Washington County, Minnesota ORDINANCE NO. XXX AN ORDINANCE AMENDING CHAPTER 31, ARTICLE 3 SECTION 31-324.2 OF THE CITY CODE OF THE CITY OF STILLWATER REGARDING NEIGHBORHOOD COMMERCIAL ZONING CASE NO. 2022-58 The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. The zoning of the following property, visually represented in Exhibit A is hereby amended to Neighborhood Commercial: Property located at 12092 75th St N (PID# 3003020230016), 125 New England PI (PID# 3003020320100), 105 New England PI (PID# 3003020320111), 145 New England PI (PID# 3003020320104), 135 New England PI (PID# 3003020320115), 1101 Owens St N (PID# 2103020330038 & 2103020330037), 804 Laurel St W (PID# 2803020230049 & 2803020230048), 515 Owens St N (PID# 2803020230004), 517 Owens St N (PID# 2803020230006), 101 Owens St N (PID# 2803020320097), 107 Owens St N (PID# 2803020320096), 109 Owens St S (PID# 2803020320115), 121 Owens St S (PID# 2803020320116), 125 Owens St S (PID# 2803020320117), 122 Greeley St S (PID# 2803020320118), 110 Greeley St S (PID# 2803020320114, 2803020320110 & 2803020320111), 920 Olive St W (PID# 2803020330003), 305 Greeley St S (PID# 2803020330002), 809 4th St N (PID# 2803020120010), 522 4th St S (PID# 2803020430057), 901 3rd St S (PID# 3303020110109), 901 4th St S (PID# 3303020110090), 826 4th St S (PID# 3303020120013), 823 4th St S (PID# 303020110061), 114 Churchill St W (PID# 3303020110062 & 3303020110060), 902 4th St S (PID# 3303020120141, 3303020120142, 3303020120143 & 3303020120158. SECTION 2 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 6th day of September 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A 4 LJ 71ILLW ni crl v w u; li V LWK9NS . cI v o a a ASP I iS ST�ii z N D a z P`� i 2 W. ELM aST. C:ekR. o W. HIC KOR Y 51_ '� .% S' �� W MAPI F u ST • SO O 1.A(}+ Jake 1. eluR� W AURE! $6• iC' S c'Likq ra ST. wit ��E R VV. �L)IdDEs'4 3 ui z N tt l.lia CA OAP a E Etmsr pi E. XJ Cfl rt MULBERRY ST `,OSvf+tl)NC NOR1 Hi sta--NV W, ni (.;I- S'T I- x SLOPELN ? d n W MYRTLEs ST t Fr'I +.AIM SEY STiu,di cn i is Lu z /c7 c6 ■ W_ OLivi: y O ST cc D m >- ra W OAI( SE SIyt- (I CD 001.. h zz g , a i 1. > Z IL �d N p t�� s �� T�.1,, L�, Y x W rn PINE 'Ice u,1 ','9y Iyty� SS. v oe.. vi 1AD cri ce n cri {ui WI[LA RD sT FtWBL LARD I I.— VV. ABBOT ST- ,J �"' u n °n u LAKE n x IIUDS(3N SI W. CHU RCH ILL ST s W. ANDER SON n': vitCArk- ,R gT O •713 ST r CHURCH ii i s (QG "`t- • ST a`P D UBU cQ Neighborhood Commercial District • Neiphbo hoodCamie.vl 2 Washington =_ County FYI BOARD AGENDA September 6, 2022 - 9:00 AM 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, Chair, District 4 Lisa Weik, District 5 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the August 23, 2022, County Board meeting minutes. B. Approval of a letter of support for the Comfort Lake -Forest Lake Watershed District Proposal to the Lessard -Sams Outdoor Heritage Council for Bone Lake South Wetland Property C. Approval to appoint Sarah Jansen, Lake Elmo, to a partial term expiring December 31, 2023, as the District 3 Representative on the Library Board. D. Approval to appoint Kathleen Fink, Woodbury, to a partial term expiring December 31, 2022, as an At -Large Representative on the Library Board E. Approval to appoint Clark Schroeder to a partial term expiring December 31, 2024, as a Family Member Representative on the Mental Health Advisory Committee (Local Advisory Committee). F. Approval to appoint Erik Nimlos, to a partial term expiring December 31, 2023, as the Hydrogeology Representative on the Groundwater Advisory Committee. G. Approval of Joint Powers Agreement No. 216190 for election recount services with Minnesota Secretary of State. H. Adopt a resolution to approve an application for an Exempt Permit of Minnesota Lawful Gambling received from Carpenter St. Croix Valley Nature Center to conduct a raffle at Carpenter St. Croix Valley Nature Center, 12805 St. Croix Trail South, located in Denmark Township, on September 11, 2022. 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 Washington County is an equal opportunity organization and employer Washington County Consent Calendar continued I. Adopt a resolution to approve an application from the Bayport American Legion Post 491 to conduct off -site gambling, pull tab activities, during the Yellow Ribbon Randy Kopesky Veterans Event being held at the Washington County Fairgrounds, located in Baytown Township, on September 17, 2022. J. Adopt a resolution setting aside 20% of the net proceeds from the tax -forfeited land sale fund to the county park fund for the acquisition and maintenance of parks and recreational areas. K. 1. Adopt a resolution for the purchase of 11039 Bailey Road, Woodbury, Minnesota for expansion of the public services campus. 2. Approve permanent use of fund balance in an amount not to exceed (NTE) $408,000 from the Capital Road and Bridge fund 414. L. Adopt a resolution authorizing the Washington County Sheriffs Office to accept a donation from Walmart in the amount of $3,000 for the Shop with a Cop event. M. Approve Joint Powers Agreement No. 15030 with the City of Oak Park Heights for sharing law enforcement data. 4. 9:10 Community Services - Rick Roy, Workforce & Veteran Services Division Manager A. Adopt a resolution proclaiming September 2022 as Workforce Development Month. 5. 9:25 Sheriff's Office - Kelli Matzek, Management Analyst II A. Adopt a resolution recognizing September 2022 as National Preparedness Month in Washington County. 6. 9:40 General Administration - Jan Lucke, Deputy County Administrator 7. 9:50 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. Board Correspondence 9. 10:05 Adjourn 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 Washington County is an equal opportunity organization and employer Washington County 10. 10:10 2023 Recommended Budget Workshops - Tina Kaple, Interim Library Director (item A) - Amy Stenftenagel, Interim Property Records & Taxpayer Services Director (item B) 10:10-11:00 A. Review the 2023 recommended budget for the Library and Law Library. 11:00-12:00 B. Review the 2023 recommended budget for the Property Records and Taxpayer Services Department. 11. 12:00 Finance Committee 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 Washington County is an equal opportunity organization and employer Washington =_ County BOARD AGENDA August 23, 2022 - 9:00 AM 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, Chair, District 4 Lisa Weik, District 5 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the August 2, 2022, and August 9, 2022, County Board meeting minutes. B. Approval of request for 1.0 Full Time Equivalent (FTE) Special Project Assistant County Attorney I position. C. Adopt a resolution to approve the 2021 Consolidated Annual Performance and Evaluation Report for submission to the U.S. Department of Housing and Urban Development. D. Approval to apply for Mental Health Crisis Response Services grant funds administered by the Minnesota Depaitiiient of Human Services. E. Approval of the revised and updated Post Employment Health Care Savings Plan (HCSP) for the Supervisor's Association. F. Approve Memorandum of Agreement with AFSCME Non -Exempt Union for a hiring incentive for Correctional Health Nurse positions. G. Adopt a resolution certifying to the county auditor special assessments for Property Assessed Clean Energy (PACE) project and order the county auditor to extend the assessment plus interest upon the property listed. H. Adopt a resolution for Washington County withdrawal from the Metro Alliance for Health Families Joint Powers Agreement. I. Approve comment letter to South Washington Watershed District on its proposed rule revisions. 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 Washington County is an equal opportunity organization and employer Washington County Consent Calendar continued J. Approve conversion of 1.0 Special Project Public Health Program Coordinator to a Regular, full-time position. K. Adopt a resolution to accept a donation to the Park Division Bench Program, in the amount of $3,500 from the Johnson Family, for a steel bench and plaque to be placed at Cottage Grove Ravine Regional Park. L. Adopt a resolution to vacate easement interest no longer needed for a portion of County State Aid Highway (CSAH) 10 (l0th Street North) in West Lakeland Township. M. Adopt a resolution approving Service Agreement No. 15015 between the Washington County Sheriffs Office and The Axtell Group. N. Adopt a resolution authorizing the Washington County Sheriffs Office to receive a donation in the amount of $3,000 to support the Explorers Program. O. Approve Joint Powers Agreement No. 15026 with the City of Cottage Grove for sharing law enforcement data. P. Approve Joint Powers Agreement No. 15027 with the City of Bayport for sharing law enforcement data. 4. 9:10 Public Health and Environment - Nikki Stewart, Senior Environmental Resource Manager A. Adopt a resolution to approve the 2023 Ramsey/Washington Recycling & Energy Board (R&E Board) Joint Activities Budget as recommended by the R&E Board. 5. 9:25 Sheriff's Office - Doug Berglund, Emergency Services Manager A. Adopt a resolution and approve the Fencing Consortium Joint Powers Agreement No. 15067. 6. 9:40 General Administration - Kevin Corbid, County Administrator A. Adopt a resolution accepting the 2022 2nd quarter donations. 7. 9:55 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 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 Washington County is an equal opportunity organization and employer Washington County 8. Board Correspondence 9. 10:10 Adjourn 10. 10:15 2023 Recommended Budget Workshops - Terry Thomas, Director (item A) - Jennifer Castillo, Director (item B) 10:15 A. Review the 2023 recommended budget for the Community Corrections Department. 11:00 B. Review the 2023 recommended budget for the Community Services Department. 11. 11:45 Break 12. 12:00 2023 Recommended Budget Workshop - Dave Brummel, Director A. Review the 2023 recommended budget for Public Health & Environment and University of Minnesota Extension. 13. 1:00 Board Workshop with Public Works - Mandy Leonard, Building Services Senior Project Manager A. Update on the Central Yard Waste Project 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 Washington County is an equal opportunity organization and employer