Loading...
HomeMy WebLinkAbout2023-05-02 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING May 2, 2023 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Middle St. Croix Valley Regional Trail Master Plan – Resolution 2. River Grove School 3. Oak Park Heights Fire Study 4. City Code Revisions IV. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director – Downtown Parking Pay Zone Start Date 10. City Clerk 11. City Attorney 12. City Administrator 13. Library Director V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS X. OPEN FORUM – the 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. 14. April 18, 2023 Special and Regular Meeting Minutes 15. Payment of Bills 16. 2nd Street Pond Sediment Project Contract Agreement 17. 72nd Street Improvement Project Accept Bids and Award Contract – Resolution 18. Acapulco Restaurant Event for Cinco De Mayo and Extension of Liquor Premise – Resolution 19. Benson Park Water Fountain Project Contract Agreement 20. Boards and Commission Annual Appointment of Members 21. Laurel Street Retaining Wall Project Contract Agreement 22. Maryknoll Traffic Circles Signage Change 23. Settlers Glen Develoment Pond Survey and Sampling Contract Agreement 24. Short-Term Home Rental License for 807 Harriet St S 25. St. Croix Boat & Packet Dock Permit and Lease Renewal – Resolution 26. Temporary Liquor License for Stillwater Library Foundation 4th of July Event Page 2 of 2 City Council Meeting Agenda May 2, 2023 27. Therapeutic Massage Business and Individual Massage Therapist Licenses – 2 Resolutions 28. Union Alley License Agreement and Extension of Liquor Premise – Resolution XII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 29. Case 2023-07 to consider an appeal to Planning Commission denial for a Preliminary Plat and Final Plat to create one lot and a Conditional Use Permit to allow a Car Wash at 2001 Washington Avenue – Resolution XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 30. Summer Tuesdays 2023 Event Contract Agreement 31. 4th of July Celebration XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT L-f, Water The Birthplace of Minnesota WORKSHOP MEETING CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 216 41h Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING May 2, 2023 1. Middle St. Croix Valley Regional Trail Master Plan 2. River Grove School 3. Oak Park Heights Fire Study 4. City Code Revisions IV. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director - Downtown 10. City Clerk 11. City Attorney 12. City Administrator 13. Library Director Parking Pay Zone Start Date 4:30 P.M. V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL Vill. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS X. OPEN FORUM — the 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. 14. April 18, 2023 Special and Regular Meeting Minutes 15. Payment of Bills 16.2nd Street Pond Sediment Project Contract Agreement 17. 72nd Street Improvement Project Accept Bids and Award Contract - Resolution 18. Acapulco Restaurant Event for Cinco De Mayo and Extension of Liquor Premise - Resolution 19. Benson Park Water Fountain Project Contract Agreement 20. Boards and Commission Annual Appointment of Members 21. Laurel Street Retaining Wall Project Contract Agreement 22. Maryknoll Traffic Circles Signage Change 23. Settlers Glen Develoment Pond Survey and Sampling Contract Agreement 24. Short -Term Home Rental License for 807 Harriet St S 25. St. Croix Boat & Packet Dock Permit and Lease Renewal - Resolution - Available Tuesday 26. Temporary Liquor License for Stillwater Library Foundation 4th of July Event 27. Therapeutic Massage Business and Individual Massage Therapist Licenses — 2 Resolutions 28. Union Alley License Agreement and Extension of Liquor Premise — Resolution XII. PUBLIC HEARINGS —when addressing Council please limit your comments to 10 minutes orless. 29. Case 2023-07 to consider an appeal to Planning Commission denial for a Preliminary Plat and Final Plat to create one lot and a Conditional Use Permit to allow a Car Wash at 2001 Washington Avenue — Resolution XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 30. Summer Tuesdays 2023 Event Contract Agreement 31. 4t" of July Celebration XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda May 2, 2023 111water THE BIRTHPLACE OF MINNESOTA DATE: May 2, 2023 TO: Honorable Mayor and City Council FROM: Shawn Sanders, Director of Public Works SUBJECT: Middle St. Croix Valley Regional Trail Master Plan DISCUSSION Connor Schaefer, Senior Planner from Washington County, will be at the Council Workshop to present the Middle St. Croix Valley Regional Trail Master Plan. This plan explores the possibility of a regional trail along the St. Croix River from the Boom Site in Stillwater Township to the City of Afton. Staff has participated in the development of the plan and now the County is presenting the plan to the affected river communtites requesting support. RECOMMENDATION It is recommended that Council approve the Resolution Supporting the Washington County Middle St Croix Valley Regional Trail Master Plan. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2023- RESOLUTION SUPPORTING THE WASHINGTON COUNTY MIDDLE ST CROIX VALLEY REGIONAL TRAIL MASTER PLAN. City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION SUPPORTING THE WASHINGTON COUNTY MIDDLE ST CROIX REGIONAL TRAIL MASTER PLAN WHEREAS, the City of Stillwater recognizes the Middle St Croix Valley Regional Trail as an important component of the regional park and trail system, providing recreational and non -motorized transportation opportunities to the residents of the City and region; and WHEREAS, the proposed Middle St Croix Valley Regional Trail master plan provides planning and implementation guidance for the improvements, acquisitions, and management needed to develop a regional trail that meets the needs of the public; and WHEREAS, the planning process for the Middle St Croix Valley Regional Trail master plan included public engagement events and meetings that provided the opportunity for input from partner agencies and public stakeholders; and WHEREAS, City of Stillwater representatives participated in the Middle St Croix Valley Regional Trail master plan Technical Advisory Committee; and WHEREAS, the City of Stillwater supports the acquisition, design, implementation, and operation of the Middle St Croix Valley Regional Trail pursuant to the master plan; and NOW, THEREFORE, BE IT RESOLVED that the City of Stillwater supports the proposed Middle St Croix Valley Regional Trail master plan. Adopted by the Stillwater City Council this 2nd day of May 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk Middle St Croix Valley Regional Trail Master Plan Stillwater City Council — 5/2/23 Agenda 1. Project Introduction 2. Public Engagement 3. Implementation Considerations 4. Route Alternatives & Recommendation 5. Next Steps Regional Trails r- — — —Municipal Boundary— — — —, -------------J The "tree trunks" or "highways" of trail systems Washington .-County SITE CONDITIONS MAY REOUIRE ADDITIONAL EASEMENT BEYOND ROW FOR TRAIL CONSTRUCTION N 1 8-10' a N Iq+ i I i BUFFER TRAIL BUFFER PREFERRED SHOULDER ROADWAY SHOULDER i WASHINGTON COUNTY R.O.W. ITYP. 90- 100') Example: Hardwood Creek Regional Trail, Hugo Master Plans Provide guidance on: • Future route alignment • Trail improvements, uses, facilities • Corridor resource management Eligible for State and Regional funding: • Right-of-way/land acquisition • Trail development • Operations and maintenance Engagement and coordination with local public agencies and residents Trail Search Corridor ^'14-mile North -South Arterial Trail • North: St Croix Boom Site • South: CR- 18 and CR 21 in downtown Afton Link between 11 St Croix River Valley towns and cities: Afton St M a ry's Point Lake St Croix Beach Lakeland Shores Lakeland West Lakeland Township Washingpn C Baytown Township Bayport Oak Park Heights Stillwater Stillwater Township Legend Existing County Trail S T I L L W A T E T0WNSIHI P 55 Ba ,"Pknorc via • �♦♦■■•♦ ��'• N Bootn Site S T I L L • -T F I? H�toric cpurthou BAYT■OWIN TOWNSHIP ■ • • • St Croix Crossing Lolop Trails e, �' • eia ■ ■ -- --------- - ----- ■ WES■T LAKELAND ■ TOW.NSHI P ■ ■ 65 ■ ■ ,I Existing Regional Trail Planned Regional Trail Alignment Regional Trail Search Corridor " Regional & County Parks Afr.n Bluffs R Master Plan Timeline so s • Engagement & Data Collection • Route Development & Plan Drafting • Final Draft & Approval Process Project Goals Safety, Accessibility, and Comfort Create a safe and comfortable = recreational trail experience serving all 9nn ages and abilities. Connectivity Create regional connectivity and support -- local connections highlighting unique destinations of adjacent communities. Natural Resources Protect and enhance the natural resources along the trail corridor and foster stewardship of the river valley. Equity Prioritize facility alignment and design that is inclusive of historically underrepresented populations. Implementation Prioritize implementation in identifying trail alignment and design Washington :_ County Engagement Events Public Outreach: • Learn -to -Ride (2) • Elected Officials Work Session • Lumberjack Days Ice Cream Social • Pop -Up event at Selma's • Lake St Croix Beach Heritage Day • County Fair • Public Open House (2) • Bayport Farmer's Market • She Ascends Hiking Group • Bike Advocacy Groups • Engagement Survey U Stakeholder/Staff Meetings: • Stillwater • Oak Park Heights • Bayport • Afton • Lower St Croix Valley Alliance • Belwin Conservancy • Lower St Croix Watershed • Andersen Windows • Xcel Energy • DNR • MnDOT ■ L Key Findings: Public Engagement r "Now- —W, I" 1 jr • Highlight local parks and destinations • Make connections between communities • Explore "loop" opportunities • Provide views to river, where feasible • Foster stewardship of area natural resources • Wide trail to accommodate range of users • Clear wayfinding, high quality/more frequent amenities Implementation Considerations Washington County Policy Cost Share • Initial implementation: 50% County Contribution • Replacement/repaving: 100% County Operations and Maintenance • County (on County -owned land): • Waste/recycle pickup • Trailheads, kiosks, graffiti • Seasonal mowing • Local agency • Winter plowing (optional) • Minor maintenance Strategies/Opportunities • Cost/implementation: measure and account for in evaluation • Work collaboratively to reduce costs • Grant opportunities — expanding options! • Land donations • Development agreements • Planning is key • Where is development planned? • Coincide with planned capital project wWhiCongtonunty 13 Segment Evaluation Process Phase 1: Segment Assessment • "Spaghetti at the wall" • Low hanging fruit Phase 2: Evaluation Analysis • Data -driven, each segment scored based on goals • Evaluation Scores = used as a guide • Not prescriptive • "Boots on the ground" Washington -= County r �f � � CH 11 CH 11 5 (-H 11 PAN96 i� - MN96 ��- - --- MN96 !l RouteCR 64 ��� 35;NII 64 CR Ry "9 35i�1 64CR64 VA35;1NI 64 1 Altern a t i v e s Stiillwat Wl64 Stillwat Wl64 Stillwat WI 64 1 CH23- Route A __---------- --- _-------- bak Park �hts Oak PaJ`eq ihts Oak Par a hts Bayl�rt - Bay` rt - - 3511 Be WI35 WI "'' WI35 TH 95 -> 2nd St -> TH 95 -> CR 18 -i I yport ---+ -' i iCH 14 - _r' -i /CH 14 - ! Route B 1 t --•. -- - ------ --- - North Hudson ' North Hudson ------ C 1 -- - North Hudson TH 95 -> Beach Rd -> CR 21 -> ��.;^ CR 65 CR65 c 1 th Belwin -> CR 18 ( 56 St) ' 1,. �g MN 951 MN 95 1 Hudson Hudson -- - - Hudson 1 i Waterford I I � ` ' 1 Waterford Route C I LaM. Lake lano I }� Le no TH95->CR21->CR18 .M f Belwin f Be1wiA Belwin ♦ Conserve Conservancy (3onservancy ' Washin ton � .., , � _-_,_,-- � --- County _ Rou -' Rou A rH 18 wWhiCongtonunty 16 Project Team & TAC Recommendation • Long-range Regional Designation: Route 6 • Interim Designation: Route C Washington -= County S1TI/LLWATER ,TOW NSHI P Bouni �itl Recommended Regional I6a Trail Route St Croix Crossing Historic loop Trails S T 1 LlW7,o.rthOuse Interim Regional Trail Route B A Y T O W N T O W N S H I P - - ------------------------------ ?commended Regional --- LTrailoute 65 Interim Regional Trail - Route ?1 W E S T z L A K E L A N D T O W N S H I P mended Regional Trail Route A F T O N Downtown Afton 17 Stillwater Segments • New Trail: St Croix Boom Site — Brown's Creek State Trail • Challenging section • Duel Designation: Brown's Creek State Trail • Connections: • Fairy Falls, Brown's Creek, Lumberjack Landing • Multi -modal loop? • Trailhead+wayfinding+ interpretive signage tftMiddle St. Croix Valley Trail Segments Wnhlrvl Co,*,MN - --� �� -- Sagr 11 . Swlhho nd Vew +i E � ..".. ,.,m...,, a — P `f Legend P 5 �nila5wrch Ama + Mana9emenl Area ssp..„w..1 ..... ... A w.. m.. c.., i� Murvupei fbundanes ._ � SNA SaeMdic and end Rrverm aWraiA� iUverm aM Slreama Parts r,m„.._ r am,yn4 — Raiiipaas'�a Trails Wellantl n orY — IlecommeMed aegldral lrau Alpnmem k a ni,ronc Bwdmg imenm rtemonaiinn 1 i " v,<, r,.M.,, i 1i.toz oistncl sep -d Hall r NrmbrcSrte O p�allle RaWrc slrudure O me p�enve Sipnage cam,„av^`w' V' Y �.'o*v'"r +\ t Washington —County O BOLTON Trail Segments 1, 2, & 9 r� & M E N K April2023 Stillwater Segments • Duel Designation: St Croix Crossing Loop Trail • Bridgeview Park segment • Oak Park Heights: • Long-range Route: Beach Road Connection (new) • Interim Route: St Croix Crossing Loop Trail (existing) • Trailhead + wayfinding + interpretive signage Washington County Area of Interest Crossing 95 e Improvements Beach Road Connection e Access to neighborhoods Washington County Wl 35 rk- Kohnor Park M 35 pwosv Wt—j �i MN qh V, ark 'Lire chap il so,--ot Ww CH 23 � \` Old Athletic S"14 "I", Field MN 95 PW" sVw'-V-t CH 24 Orl"ns Street East - - - - - - - - - - - - - - - u - - — - - - - - - - - - PIP. N F y Cemetery w no, MWIN M1 9 ------ ------- CH 23 MN "St Croix Malley ANW Wasteweter MN 95 ireatmenliPlant M M's 0:8, CH. 24 MN 36 MN36 `1111111111111111111!�MN C 3 CH 26 4 C'nv fir Park rw Next Steps County Request: Resolution of Support Finalize Plan Development • Finetune details • Draft plan document Continue Stakeholder Engagement • Municipal Support requests • TAC #5 meeting Final Approval Process: June - July • Connor Schaefer Senior Planner 651-430-4303 connor.schaefer@co.washington.mn.us Washington 00-1-ftwwoo 00—ft*ft—.00 County,,., Council Direction •K‐6 Public Charter School •Classified as ‘Education institutions, schools’ in Zoning Code •Not a permitted use in Central Business District •Closest uses in Central Business District:  •Business and Technical Schools OR  •Schools and studios for arts and crafts, photography, music, dance Applicant Request •Process Options •Can deem it a similar use and then decide: •Conditional Use Permit (Applicant Request) •Runs with the land to any future property owner •Interim Use Permit (Staff Recommendation) •Can terminate on a date or event that can be identified with certainty •If not deemed similar •Zoning Text Amendment to allow the use in the CBD •Do nothing Traffic Circulation Traffic Safety •Intersection Levels of Service •Laurel Street & Main Street (Trunk Highway 95) •Northern Access/Elm Street & Main Street (Trunk Highway 95) •Internal Traffic Circulation and Safety •Bus Drop Off Circulation & Stacking •Parent Drop Off Circulation & Stacking •Intermixing Both at Exit •Potential Conflicts with Lot #12 •Traffic Study Pending •Application Determined to be Incomplete pending Traffic Study •NOTE: MnDOT Pedestrian Crossing Project Parking •Appears to meet requirements  for both as shared use: •K‐6 (Elementary) School •Theater •Condition of approval = 2 uses  cannot operate during the same  hours Use Required  Parking Provided  Parking Elementary  School 39 52 Theater 42 52 Exterior Building Modifications (Trail Side) Overall Floor Plan Floor Plan Open/Flex Space Theater Use Joint Use with Zephyr Theater Classroom Layout Theater Layout Schedule/Timeframe Event Timeframe Responsible Party Application Submittal April 26, 2023 (incomplete) Applicant Traffic Study May 15 (Preliminary Findings) May 17 (Final Report) Applicant Design Review May 17 City – Heritage Preservation  Commission Conditional/Interim Use Permit May 24 City – Planning Commission Building Permit – Plan Review TBD State of Minnesota Building Permit – Permit Issuance TBD City – Building Inspections Construction TBD Applicant Building Permit – Inspections TBD City – Building Inspections  Desired Occupancy September 1, 2023 Applicant Potential Concerns •Traffic Safety •Schedule/Timeframe •Compatibility with neighboring properties •Will not be detrimental to the surrounding properties Council Direction •Staff seeks the Council’s direction on whether or not the use is similar  to allowable uses of either a trade school or a school for the arts. •If yes, then further, Staff seeks direction on whether the council  supports the idea of the school as a permanent use or a temporary  use. 1 Water -1 THE BIRTHPLACE OF MINNES O T A DATE: May 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: CD2023-21: River Grove School Conditional/Interim Use Permit Application at 601 Main St NW The City is reacting to an Application as required by Minnesota Statute 15.99. Nothing in this report shall be considered as the City giving formal consideration nor indicating level of support. PURPOSE The purpose of this report is to seek direction as to the level of support for the request to allow a public charter school (grades Kindergarten through 6t" Grade) as well as specific direction on potential review processes. Interim Use Permit If the Council is supportive of the project, Staff and the City Attorney recommend this process for review. Conditional Use Permit This is the Applicant's preferred process. Decline Request for Conditional or Interim Use Permit Due to exterior modifications to the building, the exterior design changes require approval from the Heritage Preservation Commission. While the building is not a historic building (build circa 1990), the site is within the Downtown Design Review District. BACKGROUND As the following sections will outline, the proposed use is not currently an allowable use in the Central Business District. The City has multiple tools if it desires to allow the use, but the City has broad discretion on the final decision. The Applicant, The Manitou Fund, has applied for a Conditional Use Permit operate a school at 601 Main St N, current location of the Zephyr Theater. The Applicant is also open to an Interim Use Permit as outlined in their attached request. The Manitou Fund would remodel the existing structure to house River Grove School, an existing public charter school located in May Township. The Manitou Fund would also lease to The Zephyr Theater for use outside of school hours. A more detailed description of the request is attached to this report. Staff has determined the Application to be incomplete pending the completion of a Traffic Study amongst other items. If the City receives the required traffic study in time, Staff believes that Commission Review in May is still a possibility. ANALYSIS Planning and Zoning (focus of this report) The proposed use is not listed as a Permitted Use nor a Conditional Use in the Central Business District. The Applicant has applied for a Conditional Use Permit per City Code 31-317 (Central Business District) as a `similar use determination'. While the City has the discretion to make this determination, Staff and City Attorney believe that an Interim Use Permit would be more appropriate. While official review has just begun, Staff notes that the following may be of primary concern if not properly mitigated. • Traffic Congestion and Safety • Parking Capacity For both Conditional Use Permits and Interim Use Permit, the Planning Commission is the final decision maker, although the Planning Commission may refer either to the City Council. Specifically, City Code states that "however, on the rare occasion when accountability is an issue, the planning commission may refer a conditional use permit or special use permit to the city council." Any decision made by the Planning Commission is subject to appeal to the City Council. Building Code — Plan Review and Inspections (informational/schedule purposes only) Building Permit Plan Review will be reviewed by the State of Minnesota as a public school as the City does not have a Delegation Agreement with the State to complete plan review for public buildings. However, the City will issue the permit and perform inspections. Schedule The Applicant's project schedule is more accelerated that a standard project and will require thinking about our process slightly different. That said, the City must do its due diligence. Staff is supportive of tools and resources already at our disposal as well as other process improvement already under consideration. That said, Staff does note at this time that it is concerned about the feasibility of the timeframe. Staff will make every reasonable effort to accommodate the schedule; however, if the desired timeframe is not met, it should not be attributed to the City Process. Additionally, the Applicant is going to have to take certain steps/application at risk, meaning submittal of building plans for plan review before Planning Commission Action. This may result in plan revisions (additional cost) or acknowledgement that the City may still deny the project (lost cost in design and review). Additionally, the Applicant is requesting consideration to begin interior demolition prior to Planning Commission Approval. Staff is still evaluating this request, but is hereby noted that this would be at risk to the Applicant (no guarantee that the ultimate project gets approved). In summary, any step taken before final approval is at risk to the Applicant. Any cost associated with taking early steps is not justification for zoning approvals. Heritage Preservation Commission Wednesday, May 17 Planning Commission Wednesday, May 24 City Council (if referred by Planning Commission Tuesday, June 6 City Council (if Planning Commission Action is appealed) Tuesday, June 20 Desired Completion Date September 1, 2023 ACTION REQUESTED If the City Council is supportive of this request, Staff desires Council Direction on the supported process/tool. 1. Interim Use Permit — Staff and City Attorney Recommendation 2. Conditional Use Permit — Applicant's Preference OORSEYTM always ahead BRIAN B. BELL Partner (612) 492-6178 FAX (612) 677-3259 bell.brian@dorsey.com April 26, 2023 VIA ELECTRONIC MAIL Stillwater Planning Commission c/o Tim Gladhill 216 4th Street North Stillwater, Minnesota 55082 Re: Conditional Use Permit Application for 601 Main Street North Dear Commissioners: Enclosed please find Manitou Fund's application for a conditional use permit (CUP)' or, in the alternative, an interim use permit (IUP) to allow the Marine Area Community School d/b/a River Grove (River Grove or School) to operate its Kindergarten through 6th Grade (K-6) school at 601 Main Street North (Property), the site of Only a Dim Image Productions d/b/a The Zephyr Theatre (The Zephyr Theatre or Theatre). Manitou Fund's primary request is for a CUP. But if the Planning Commission is unwilling to issue a CUP, Manitou Fund requests a four-year IUP or, alternatively, a two-year IUP. Manitou Fund requests that the City approve the Application within the initial 60-day period provided for under Minn. Stat. § 15.99 so River Grove students and parents can have certainty in advance of the 2023-24 school year. Project Description Manitou Fund is a nonprofit corporation and private foundation based in White Bear Lake, Minnesota. River Grove is a K-6 public charter school offering a unique place -based, environmentally centered, education that capitalizes on the incredible natural setting and community resources of the St. Croix River Valley. The Zephyr Theatre, based in Stillwater, is a nonprofit community -driven organization providing inclusive, accessible, and high -quality arts education and arts experiences. On April 12, 2023, The Zephyr Theatre and Manitou Fund announced they had executed a purchase agreement for Manitou Fund to purchase the Property. The purchase agreement represents a strategic partnership between Manitou Fund and The Zephyr Theatre that allows the Theatre time to reimagine the future of its community -based arts programming. The purchase agreement contemplates that Manitou Fund will, at the Property closing, grant the Theatre an option to repurchase the Property after four years. ' Although Stillwater, Minn., Code of Ordinances chapter 31 (Zoning Ordinance) refers to the permit in this situation as a "special use permit," Code of Ordinances § 31-325, the Application refers to the permit as a "CUP" because that is how Minnesota Statutes § 462.3595 refers to this type of permit. 50 South Sixth Street I Suite 1500 1 Minneapolis, MN 155402-1498 1 T 612.340.2600 I F 612-340.28681 dorsey.com 4888-2138-4031 \3 HORSEY` April 26, 2023 Page 2 The day after Manitou Fund and the Theatre went public with the sale, Manitou Fund and River Grove announced they had entered into a letter of intent (LOI) to negotiate a lease for the Property. River Grove is currently housed at the Wilder Forest in May Township in northern Washington County. River Grove's current lease expires in June. The owner of the Wilder Forest plans to sell the Wilder Forest, which would not allow River Grove to remain in the Wilder Forest long-term. Consequently, River Grove began discussions with Manitou Fund about potential future locations for River Grove. Around the same time, Manitou Fund had entered preliminary discussions with The Zephyr Theatre regarding purchasing the Property. Manitou Fund saw an opportunity to buy the Property and lease it to River Grove, thereby assisting two well -respected nonprofits in Washington County. The Zephyr Theatre will be renovated to provide inspiring educational spaces for River Grove students. The transformation will create 13 classrooms and learning spaces as well as supplemental spaces for focus and special instructor consultation. As a project outcome, the interior spaces will have access to natural daylight and views to the exterior, the design will place a priority on the use of healthy materials. Manitou Fund will remove the existing bar and kitchen along with the Theatre's existing stage and elevated seating. The existing walk-in cooler will remain, to serve as cold storage for snack and beverages for school use, no food will be prepared on site. The existing restrooms will be reconfigured to provide the appropriate number of plumbing fixtures for the school. The central two-story height space will be preserved. Three Americans with Disabilities Act (ADA) platform lifts will be added for accessibility near the existing stairs. A new vestibule will be provided at the south entrance for better climate control. The existing one -season porch in the southeast corner will be removed and a window installed in the door opening. Keeping within the existing southeast footprint of the exterior, a new connecting stair will be added between the first and second levels to provide a second means of egress from the upper level. This existing footprint on the first floor will be extended vertically as an addition to create a connection to the existing floor and accommodate limited additional occupiable area on the second floor. The new roof of this addition will tie into the existing rooflines. New windows will be added in a consistent and complementary manner to the existing building to improve daylight access in the building and to provide daylight to the classrooms on the upper level. Skylights will be added in the existing sloped roof. On the site, the existing platform on the east is failing, and Manitou Fund will need to replace it with a wider wood grain deck to create outdoor learning spaces. The existing paved walkway on the east side of the Property will be removed and replaced with native vegetation. There will be an area for a garden between the outdoor learning deck and a new site ramp. A new 1:20 ADA ramp will be added to provide equitable access to the south entry from the parking lot. ADA parking spaces will be restriped for better proximity to this new ramp and the south entrance. The existing south overhang and drive -up condition will remain, as well as the entry point and overhang on the west. The flow of one-way traffic will be reversed at the single lane drive on the west, to better facilitate bus drop off and prioritize the safety of the students. The angled parking and associated curb line at the west will be modified to accommodate this 4888-2138-4031 \3 CD)> OORSEYTM always ahead April 26, 2023 Page 3 directionality. The existing site and building signage elements will remain with new graphic logos applied to communicate the identity of the School. Once operating, River Grove anticipates having around 180 students. There are typically between 40 and 50 staff on site each day. The School is generally open from around 8:00am until 4:00pm, though classes only run between 8:30am and 3:15pm. School, and school - activities, are generally limited to Monday -Friday. Most students take the bus to the School, but there are generally between 40 and 50 cars that drop students off and pick them up each day. The remaining students arrive and depart on one of the School's four school buses. Discussion Manitou Fund seeks a CUP or, in the alternative, an IUP to allow it to pursue this unique collaboration with River Grove and The Zephyr Theatre. The Property is located on the northern most edge of Central Business District (CBD District). See Figure 1. Allowed uses in the CBD District are set forth in Code of Ordinances § 31-325. Permitted uses include, among others, "Schools, business and technical" and "Schools and studios for arts and crafts, photography, music, dance." The Zoning Ordinance further provides that, in the CBD District, "[a]ny other uses or service establishment determined by the planning commission to be the same general character as the uses in Section 31-325 for the CBD district and which will not impair the present or potential use of adjacent properties may be permitted by special use permit." Code of Ordinances § 31-317(b)(2). Because an elementary school is of "the same general character" as business, technical, and arts schools, and will enhance "the ... use of adjacent properties," the Planning Commission should grant the CUP. [Remainder of Page Intentionally Blank] 4888-2138-4031 \3 0ORSEY always ahead April 26, 2023 Page 4 Figure 1 �? CBD: Central Business District � RB: Two -Family O The Property F r Residential I. An Elementary School Is of the Same General Character as a Business, Technical, and Arts School. Because elementary, business, technical, and arts schools all provide educational services, they are of the same general character. Historically, in considering whether a use is of the "same general character" as a permitted use, the City of Stillwater (City) has looked to North American Industry Classification System codes (NAICS Code). See, e.g., City of Stillwater, Minn. Planning Commission, Meeting Minutes (Dec. 29, 2021) (12/29/21 Meeting Minutes), available at https://cityofstillwater. granicus.com/MetaViewer.php?view_id=3&clip_id=1343 &meta_id=108445. NAICS Codes classify business into industries. NAICS Association, What is a NAICS Code and Why Do I Need One?, https://www.naics.com/what-is-a-naics-code-why-do- i-need-one/. Elementary, business, technical, and arts schools are all included within NAICS 611000 - Educational Services. U.S. Bureau of Labor Statics, NAICS 611000 - Educational Services, https://www. bls.gov/oes/current/naics3_611000. htm#:-:text=These%20national%20industry%2 Dspecific%20occupational,in%20NAICS%20611000%20%2D%20Educational%20Services. 4888-2138-4031 \3 HORSEY` April 26, 2023 Page 5 Accordingly, the most well -recognized tool for classifying businesses recognizes the similarity between elementary, business, technical, and arts schools.2 Common sense also supports that elementary schools are of the same general character as business, technical, and arts schools. They are all institutions where instructors teach students in a classroom setting. It would be illogical for the City to conclude that satellites of the Carlson School of Management or Century College could operate in the Property, as of right, but an elementary school may not operate under a CUP. A business or technical college would have a significantly higher impact on traffic —with virtually all students coming to school in by car —than River Grove, where the vast majority of students take the bus to school. It would also be illogical to prohibit River Grove from using the Property, given that, if it were an arts - based charter school, it could use the Property as of right. See Code of Ordinances § 31-325 (permitting schools for arts, music, and dance). Concluding that an elementary school is of "the same general character" to a business, technical, and arts school also follows the Commission's treatment of Stillwater Tattoo when it moved to the CBD District. 12/29/21 Meeting Minutes at 2-3. There, staff observed that tattoo parlors held similar, albeit not identical, NAICS Codes to beauty shops, which is a permitted use in the CBD District. City of Stillwater, Minn., Planning Report, Case No. 2021-69 (Dec. 15, 2021). The Planning Commission found a tattoo shop was of the same general character as a beauty shop and unanimously approved the CUP. 12/29/21 Meeting Minutes at 2-3. There is an even stronger argument that an elementary school is of the same general character as business, technical, and arts schools. Unlike tattoo and beauty shops, elementary schools provide the same service —education —as business, technical, and arts schools. Consistent with the Planning Commission's past application of the "same general character" standard, the Planning Commission should conclude that elementary schools are of the same general character as business, technical, and arts schools. II. River Grove School Will Enhance the Use of Neighboring Properties. Much less than impairing the use of neighboring properties, allowing River Grove to use the Property will enhance the use and value of neighboring properties. Currently, the Property is, in effect, vacant. Although The Zephyr Theatre may continue to hold performances under a lease after the sale, it has no definite plans to do so. The Property also needs various renovations regardless of its future use. Having an, unused functionally obsolescent building in 2 Admittedly, elementary schools are in a different subgroup (NAICS 611100 - Elementary and Secondary Schools) than business schools (NAICS 611400 - Business Schools and Computer and Management Training), technical schools (NAICS 611500 - Technical and Trade Schools), and art schools (presumably, NAICS 611600 - Other Schools and Instruction). See NAICS Association, NAICS Code Drill - Down Tool, https://www.naics.com/six-digit-naics/?code=61. It is worth noting, however, that business and technical schools are not even included in the same sub -group (NAICS 611400 - Business Schools and Computer and Management Training versus NAICS 611500 - Technical and Trade Schools). Id. Yet the Zoning Ordinance groups them under a single use for "[s]chools, business and technical." Id. Therefore, it is more appropriate to look at the higher -level NAICS Code 611000 — Educational Services. 4888-2138-4031 \3 CD)> OORSEYTM always ahead April 26, 2023 Page 6 the CBD District does not enhance neighboring properties. If River Grove is allowed to use the building, Manitou Fund intends to invest in significant renovations to the building in ways that would accommodate River Grove and enhance any future performances by The Zephyr Theatre. These improvements include the addition of code required egress stairs, Americans with Disabilities Act (ADA) compliant platform lifts for accessible access to the upper levels, renovated restroom facilities, enhanced access to daylight and improved acoustics in the building, and a modest increase in usable square footage. The site improvements also provide equitable and accessible access from the parking lot, as well as enhancing the exterior areas that could be occupied in support of an evening at the theater.3 Additionally, the School's activities will be largely limited to the inside of the School. River Grove does plan to be outside for outdoor movement, recess, and physical education. But River Grove will work to restrict these activities to areas away from North Main Street and other properties. Consequently, the primary observable impact of the School would be students and staff coming and leaving the School. Most students take the bus to River Grove, which will limit traffic impacts. And Manitou Fund has designed the renovations to facilitate the orderly drop-off and pickup of students by bus and car. III. The Application Meets the Other Requirements for a CUP. The Application also meets the general requirements applicable to all CUPs. In issuing a CUP, the Planning Commission must find: (1) The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations; (2) Any additional conditions necessary for the public interest have been imposed; and (3) The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Code of Ordinances § 31-207(d). The Application meets these requirements. A. The Use Conforms to the City's Land Use Regulations. The proposed use conforms to the City's Zoning Ordinance, 2040 Comprehensive Plan (Comp. Plan)/area plans, and other lawful regulations and conditions. 3 Manitou Fund plans to undertake a traffic study and will supplement its application once that study is complete. 4888-2138-4031 \3 HORSEY` April 26, 2023 Page 7 1. The Use Conforms with the City's Zoning Ordinance. Compliance with the Zoning Ordinance generally surrounds whether the proposed use can conform to code standards, such as landscaping, lighting, noise, design, and signage. Manitou Fund plans to keep the existing trees on the site and care for them to maintain the pedestrian friendly sidewalk and welcoming street scape. New landscape plantings to the east will include native deciduous and/or coniferous shrubs that meet or exceed the 18-inch height or one -gallon minimum requirements. Manitou Fund also plans to maintain all existing lighting. Any new lights on the east to illuminate the new deck area during school hours or for safety will be integrated into the overall design and have the light source hidden from pedestrian view. The School will conform with the Stillwater code standards regarding noise on the site. As the School is primarily occupied during the day, activities in the late evening or nighttime hours will be very limited. The design of the project builds on the existing conditions of the current facility and does not expand the architectural footprint of the building. The construction of the vertical addition is complementary in architectural character and materiality to the base structure, but also identifiable as a product of its own time. All of the site setbacks are maintained and the rhythm of new windows is compatible with the surroundings. The existing site and building signage elements will remain with new graphic logos applied to communicate the identity of the School. 2. The Use Is Consistent with the Stillwater Comp. Plan Hosting River Grove at the Property will further several goals of the Comp. Plan. The Comp. Plan has a goal of making Downtown a year-round destination rather than being a primarily summer destination. Comp. Plan at 6-2. River Grove will help further this goal since the School will bring members of the School community Downtown during non -summer months. Increasing visitors during non -summer months will also further the Comp. Plan goal of increasing economic activity Downtown. Id. at 6-3. River Grove will also further the City's desire to enhance the gateways to Downtown. The Comp. Plan identifies the north end of Main Street, where the Property is located, as one gateway. Comp. Plan at 6-13. The Comp. Plan reflects the City's desire to "preserve the natural character of bluffs and river along north and south gateways to Downtown." Comp. Plan at 6-13. Similarly, one objective of the Comp. Plan is to "[e]nhance these corridors with native landscaping, frame views to Downtown, improve pedestrian connections and open views to the river." With the extended deck presence and garden areas on the east, the building will be more animated on the trailside of the site, enhancing the connection to pedestrians, cyclist, and other trail users. The native landscaping planned on the east also supports the objectives of the Comp. Plan and will be a significant improvement from what is there currently. The additional exterior windows on the east also create new view portals to Downtown and the river. 4888-2138-4031 \3 HORSEY' April 26, 2023 Page 8 Improvements to the site, such as the site ramp for ADA access also elongate the gaze towards the center of the business district, reinforcing the connectivity of the site with the center of the historic Stillwater community. Finally, the Comp. Plan sets a goal of "encouraging a viable and compatible mix of community and visitor -serving activities." Comp. Plan at 6-13. This goal is connected with one of the challenges the Comp. Plan identifies for Downtown: that the "Downtown mix is focused most heavily on specialist items and less on neighborhood oriented goods and services, which may encourage people to come Downtown more frequently." Comp. Plan at 6-59. Admittedly, River Grove won't provide services to a broad cross-section of community members. The School will produce consistent, year-round, daily economic traffic to the area by staff, parents, and students. Moreover, the School has already held successful community "give back nights" at local businesses and plans to ramp up these efforts. Thus, River Grove will increase the number of local community members Downtown. 3. River Grove Will Comply With Other Lawful Regulations/Conditions. River Grove must comply with other state and federal laws applicable to charter schools. River Grove has been subject to, and complied, with these laws since its inception in 2017. Manitou Fund will also need to obtain state plan review for its building plans for the School. See Minn. Stat. § 326B.107. Manitou Fund is preparing these plans for submission to the State. B. Manitou Fund Would Accept Reasonable Conditions on the CUP. Manitou Fund recognizes the Commission may be more comfortable issuing the CUP with certain conditions imposed. Manitou Fund is open to discussing any such conditions with City stakeholders. Since its inception, River Grove has operated under a CUP issued by May Township. Accordingly, River Grove is accustomed to complying with reasonable limitations on its use. These conditions have included limits on the number of "people days"4 allowed per year, time of day limitations, and transportation limitations. Manitou Fund has confirmed that River Grove is open to exploring similar, reasonable limitations on its operations. C. River Grove Will Not Constitute a Nuisance and Will Improve the Community's Welfare. Due to the nature of its use, River Grove will not constitute a nuisance and will improve the Community's welfare. Many of the reasons that the School will not constitute a nuisance are discussed in Section II above addressing the impact of River Grove on neighboring properties. Namely, Manitou Fund, on behalf of River Grove, will renovate and put to productive use what is largely unused property in Downtown. 4 "People days" refers to the annual sum of individuals at the School each day. So, if there are 10 individuals on site each day, there are a total of 3,652.5 people days. 4888-2138-4031 \3 HORSEY' April 26, 2023 Page 9 The biggest concerns raised thus far are traffic and noise. The School has only around 180 students. And the majority of River Grove's learning activities will take place inside or at local assets away from Downtown. Although there will be some activities that occur outside at the Property, most of those activities will be held in the back of the building away from North Main Street and most neighboring properties. River Grove also plans to continue the School's place -based, nature -based learning program by using off -site assets. Manitou Fund's property located in May Township will provide the School with an area for exploration through regular field studies and trips. At this time, the School is planning to regularly use the May Township property, which will reduce the daily number of students at the Theatre Property. The School also has partnerships with other local entities for field trips that would take place away from the Theatre Property. The School is also conservation minded and anticipates aiding the neighborhood with activities related to conservation, including trash collection and removal, and recycling efforts. Additionally, Manitou Fund notes primary and secondary schools are an allowed conditional use in the RB: Two -Family Residential District (RB District). See Code of Ordinances § 31-315. As shown in Figure 1 above, the RB District surrounds the northern portion of the CBD District, including properties immediately adjacent to the Property. It is difficult to imagine that a high school could be located directly to the east of the Property, but it would be a nuisance to locate a K-6 charter school on the Property. Not only will River Grove not create a nuisance, River Grove will have a positive effect on the community's welfare. As the home of the first school —and school district —in Minnesota, Stillwater has long recognized the role education plays in the community's welfare. Comp. Plan at 11-4. The Comp. Plan recognizes that education "directly impacts the local economy, influences economic development, and [influences] the demands and education of current residents." Comp. Plan at 1-8. Stillwater has a higher educational -attainment level than the rest of Washington County, suggesting Stillwater residents would likely welcome additional educational options in their community. IV. River Grove Also Meets the Requirements for an IUP. Manitou Fund is applying for a CUP because that would provide the School with more flexibility as it plans for the future. But Manitou Fund would accept a time -limited IUP if the City is unwilling to approve a CUP. The LOI anticipates that River Grove's lease will be for a period of two years, with the option to extend the lease for an additional two years. Manitou Fund and River Grove intend to enter a relatively short commercial lease because River Grove would like to find a more long-term and nature -centered setting for its place -based environmental education. Moreover, Manitou Fund's purchase agreement contemplates that, at the Property closing, Manitou Fund will grant the Theatre an option to repurchase the Property after four years. Nevertheless, unforeseen events could cause River Grove to need to stay at the Property for longer. Or River Grove may consider opening a second arts school. Having a CUP would ensure River Grove has the flexibility it needs to plan. 4888-2138-4031 \3 CD)> OORSEYTM always ahead April 26, 2023 Page 10 Nevertheless, given River Grove's intent to use the Property for between two and four years, Manitou Fund would accept an IUP for two or, preferably, four years. To issue an IUP, the Planning Commission must find: (1) The use conforms to the zoning regulations; (2) The date or event that will terminate the use can be identified with certainty; (3) Permission of the use will not impose additional costs on the city if it is necessary for the city to take the property in the future; and (4) The user agrees in writing to any conditions that the planning commission deems appropriate for permission of the use. Code of Ordinances § 31-207.1, subd. 2. The Application meets all of the requirements for issuance of an IUP. First, River Grove's use conforms to the zoning regulations. As described in Sections I, II, and III.A.1 above, River Grove's use could be permitted as a conditional use because it is of the same general character as other permitted uses in the CBD District and will not impair neighboring property. See, supra, § I. Additionally, the Application conforms to the code standards, including as it relates landscaping, lighting, noise, design, and signage. See, supra, § III.A.1. Second, the Planning Commission can set a date certain by when the IUP terminates. If the Planning Commission is uncomfortable issuing a CUP, the Planning Commission could issue an IUP that is effective until July 31, 2027. Or, if the Planning Commission is unwilling to issue a four-year IUP, until July 31, 2025. These dates "can be identified with certainty." See Code of Ordinances § 31-207.1, subd. 2(2). Third, the IUP would not impose additional costs on the City if the City must take the Property in the future. No changes that Manitou Fund or River Grove plan to make to the Property would increase the cost for the City, in the highly unlikely event it condemns the Property. Manitou Fund does not plan make to changes to the footprint of the building or make other changes that would increase the administrative burden or expense of condemning the building. Fourth, as stated in Section III.A.3, Manitou Fund and River Grove will agree to any reasonable conditions that the Planning Commission deems appropriate. These conditions could include limits on "people days" allowed per year, time -of -use limitations, and transportation limitations. Because the Application meets the requirements for an IUP, the Planning Commission could issue an IUP if it is uncomfortable issuing a CUP. 4888-2138-4031 \3 CD)> OORSEYTM always ahead April 26, 2023 Page 11 Conclusion The Planning Commission should grant Manitou Fund's CUP application because an elementary school is similar to uses allowed in the CBD District. Moreover, due to the nature of the use, the limited number of students and staff at the school, and design enhancements, River Grove will not negatively impact the surrounding area. At the same time, the School will help the City further many of the Comp. Plans' goals, including increasing the number of people Downtown during non -summer months. If the Planning Commission is unwilling to issue a CUP, Manitou Fund would be willing to accept an IUP for a term of two or, preferably, four years. We look forward to discussing this unique partnership at the next Planning Commission meeting. Thank you for your consideration. Sincerely, DORSEY & WHITNEY LLP Brian B. Bell Partner :: Enclosures 4888-2138-4031 \3 Legal Description Real property in the City of Stillwater, County of Washington, State of Minnesota, described as follows: Parcel 1: All that part of Tract 2 as described on Certificate of Title Number 65, and delineated upon the map marked "Exhibit B" attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the plat of the "ORIGINAL TOWN, NOW CITY OF STILLWATER as amended by MYRON SHEPARD'S PERFECTED PLAT OF THE CITY OF STILLWATER dated May 21 , 1878"; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing , along said easterly line of Main Street 48.00 feet; thence South 81 degrees 23 minutes 52 seconds East along a line hereinafter referred to as "Line A" 18 feet to the point of beginning of the parcel being described; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet; thence northeasterly 209.25 feet along a non -tangential curve concave to the northwest having a radius of 284.57 feet, a central angle 42 degrees 07 minutes 50 seconds and the chord of said curve bears North 32 degrees 29 minutes 03 seconds East; thence North 11 degrees 25 minutes 08 seconds East, along tangent, 35.93 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65; thence South 04 degrees 55 minutes 28 seconds West along said easterly line 635.47 feet; thence southerly 18.56 feet along said easterly line on a tangential curve concave to the east, having a radius of 2873.93 and a central angle of 00 degrees 22 minutes 12 seconds, to said northerly line of Laurel Street; thence South 72 degrees 51 minutes 06 seconds West along said northerly line 26.15 feet, more or less, to a point 124.00 feet easterly, as measured along said northerly line from said easterly line of Main Street; thence South 12 degrees 12 minutes 16 seconds West along said easterly line of Tract 2 a distance of 28.68 feet more or less to the centerline of said Laurel Street; thence South 72 degrees 51 minutes 06 seconds West along said centerline 84.25 feet, more or less, to the intersection with a line drawn parallel with and 34.00 feet easterly, as measured at right angles, of said easterly line of Main Street; thence North 08 degrees 36 minutes 08 seconds East parallel with said easterly line, 59.36 feet, more or less, to the intersection with an easterly projection of the before described "Line A"; thence North 81 degrees 23 minutes 52 seconds West along said projected line 16.00 feet to the point of beginning. Torrens Property, Certificate of Title No. 76312 Parcel 2: That part of Tract A described below: TRACT A: All that part of Tract 2 as described on Certificate of Title Number 65, and delineated upon the map marked "Exhibit B" attached thereto, as the same is recorded in the office of the Registrar of Titles of Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of Main Street and the northerly line of Laurel Street as shown on the plat of the original town, now City of Stillwater, as amended by Myron Shepard's Perfected Plat of the City of Stillwater, dated May 21 , 1878; thence North 08 degrees 36 minutes 08 seconds East, assumed bearing, along said easterly line of Main Street 48.00 feet to the point of beginning of the parcel being described; thence South 81 degrees 23 minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 577.57 feet; thence North 08 degrees 40 minutes 21 seconds East 331.78 feet; thence northerly 263.23 feet along a tangential curve, concave to the west, having a radius of 2914.74 feet and a central angle of 05 degrees 10 minutes 28 seconds; thence North 38 degrees 28 minutes 46 seconds East, not tangent to said curve, 69.16 feet, more or less, to the easterly line of said Tract 2, Certificate of Title Number 65; thence northerly along said easterly line of Tract 2 to the most northerly corner thereof; thence southerly along the westerly line of said Tract 2 to the point of beginning; which lies westerly of a line run parallel with and distant 18 feet easterly of the westerly line of Tract A herein before described, and southerly of a line run parallel with and distant 447.07 feet northerly of the southerly line of said Tract A. Torrens Property, Certificate of Title No. 80190 2 Zephyr Theatre 601 Main Street N, Stillwater, MN 55082 •I mw� �� — .-...wY�►, 1111I 1t t1i/1\I1�\I1•III1 Architecture and Interiors MSRDesign 510 Marquette Avenue South, Suite 200 Minneapolis, MN 55402 1 612.375.0336 ow - NOT FOR CONSTRUCTION PLANNING REVIEW SUBMITTAL APRIL 26,2023 ✓'ter �, - t ` E1 w O ry w z i=�LTill►lLTA lf•FA:89P1i•/TC] :Oft IWN[ >t1l0[H91011,9:I�y WALL TYPES - EXTERIOR 1 1/2" = 1'-0" INSULATION IN EXISTING WALL REMOVE EXISTING POLY VAPOR BARRIER -VERIFY IF INSTALLED EXISTING WOOD SILL AND STONE BELOW EXISTING WOOD SIDING EXISTING BUILDING FELTS - TO BE VERIFIED EXISTING 3/4" PLYWOOD SHEATHING TO BE VERIFIED EXISTING 2X6 WOOD STUDS - SPACING TO BE VERIFI VB-1 INSUL- GBD-1 ONE LAYER 5/8". TYPE X WHEN FIRE -RATED THERMALPERFORMANCE INSULATION COMPONENTS: R- ci + R- EFFECTIVE ASSEMBLY R-VALUE: R- EFFECTIVE ASSEMBLY U-FACTOR: U-0. A FRAMED WALL (1HR WHERE NOTED) SERIES GBD-1 ONE LAYER 5/8" BOTH SIDES, SEE NOTES, TYPE X WHEN FIRE -RESISTANCE RATED INSUL-1 WHEN ACOUSTICALLY RATED WOOD STUD, SEE TABLE FOR SIZE OVERALL PARTITION STUD OVERALL DESIGN FIRE STC TYPE DEPTH WIDTH NUMBER RATING RATING NOTES A2 2 1/2" 3 3/4" NA NA 33 1 A3 3 1/2" 4 3/4" UL U407 1/2 HR 33 1 A6 5 1/2" 6 3/4" UL U407 1/2 HR 33 1 1. FIRE -RESISTANCE AND/OR ACOUSTICAL RATING WHERE NOTED ON PLANS WALL TYPES - PARTITION 1 1/2" = 1'-0" F LO R 1 PLYWOOD ON WOOD STRUCTURE FLOOR FINISH, SEE FINISH PLANS ________________ _ FLOOR LEVEL SEE SECTION 3/4" PLYWOOD WOOD STRUCTURE - SEE S SHEETS 1. STRUCTURE MAY VARY -SEE STRUCTURAL DRAWING FOR MORE INFO FLOOR TYPES 1 1/2" = 1'-0" z 1 INSULATION IN EXISTING WALL WOOD SIDING 1 I BUILDING FELTS 1 'I 3/4" PLYWOOD SHEATHING EXISTING 2X6 WOOD STUDS - W SPACING TO BE VERIFIED z I -I VB-1 INSUL- GBD-1 - I ONE LAYER 5/8", TYPE X WHEN FIRE -RATED THERMAL PERFORMANCE INSULATION COMPONENTS: R- ci + R- EFFECTIVE ASSEMBLY R-VALUE: R- EFFECTIVE ASSEMBLY U-FACTOR: U-0. F FRAMED WALL (ONE-SIDED) SERIES GBD-1 ONE LAYER 5/8" ONE SIDE, SEE NOTES INSUL-1 WHEN ACOUSTICALLY RATED NSMF, C-STUD, SEE TABLE FOR SIZE VERIFY WITH CONTRACTOR WHETHER WOOD STUDS WILL BE USED -ADJUST ACCORDINGLY PARTITION STUD OVERALL DESIGN FIRE STC TYPE DEPTH WIDTH NUMBER RATING RATING NOTES F1 1 1/2" 2 1 /8" NA NA NA 1 F2 2 1/2" 3 1 /8" NA NA 31 1 F3 3 1/2" 4 1 /8" NA NA 34 1 F6 5 1/2" 6 1 /8" NA NA 37 1 1. ACOUSTICAL RATING WHERE NOTED ON PLANS ROOF1 SHINGLES ON WOOD STRUCTURE RFSG-1 PLYWOOD ROOF LEVEL SEE SECTION X_ INSUL- WOOD STRUCTURE, SEE S SHEETS 1X WOOD FURRING PERP TO STRUCTURE TO ALLOW CONDUIT RUNS GBD-1 ROOF TYPES 1 1/2" = 1'-0" G FRAMED WALL (RESILIENT CHANNEL) SERIES GBD-1 ONE LAYER 5/8" BOTH SIDES, SEE NOTES, TYPE X WHEN FIRE -RESISTANCE RATED (SECOND LAYER SHOWN DASHED) O 0 INSUL-1 Of WHEN ACOUSTICALLY RATED Of NSMF, RESILIENT CHANNEL, 1/2" U WOOD STUD, SEE TABLE FOR SIZE STUD OVERALL PARTITION STUD OVERALL DESIGN FIRE STC TYPE DEPTH WIDTH NUMBER RATING RATING NOTES G4 3 1/2" 5 1/4" UL U407 1/2 HR 45 1 G6 5 1/2" 6 1/4" UL U407 1/2 HR 45 1 1. FIRE -RESISTANCE AND/OR ACOUSTICAL RATING WHERE NOTED ON PLANS THERMAL PERFORMANCE INSULATION COMPONENTS: R- ci EFFECTIVE ASSEMBLY R-VALUE: R- EFFECTIVE ASSEMBLY U-FACTOR: U-0. GENERAL NOTES SOME PARTITIONS DESCRIBED HERE MAY NOT BE USED ON THIS PROJECT. SEE FLOOR AND REFLECTED CEILING PLANS FOR PARTITION TYPES USED. 1. INTERIOR PARTITIONS TYPES SHALL BE INDICATED BY THIS SYMBOL. 1 A XX FIRE RATING (HOURS) �, `� ACOUSTICALLY RATED 2. GAUGE AND SPACING OF METAL FRAMING SHALL BE BASED ON SPECIFIED PERFORMANCE REQUIREMENTS USING APPROPRIATE DEFLECTION LIMITS FOR EACH PARTITION FINISH UNLESS NOTED OTHERWISE. ADJUST SPACING AND LOCATION OF FRAMING TO COORDINATE ATTACHMENT OF PARTITION FINISHES AND WALL -MOUNTED MILLWORK, FIXTURES, FURNISHINGS, AND EQUIPMENT. 3. TYPE "X" OR "C" GYPSUM BOARD REQUIRED AT FIRE RATED PARTITIONS ONLY. 4. STC RATINGS LISTED FOR EACH PARTITION TYPE INDICATE REPORTED ACOUSTICAL PERFORMANCE OF THE TESTED ASSEMBLY DESIGN SHOWN, WHICH INCLUDES SOUND ATTENUATION BLANKET INSULATION. REFER TO INDIVIDUAL ASSEMBLY DESIGNS FOR DETAILED CONSTRUCTION TECHNIQUE. 5. AT NON -RATED PARTITIONS IN ROOMS WITH FINISHED CEILINGS, EXTEND THE FULL ASSEMBLY TO 6" ABOVE CEILING AND BRACE FRAMING TO STRUCTURE UNLESS NOTED OTHERWISE. 6. AT NON -RATED PARTITIONS IN ROOMS WITHOUT CEILINGS, EXTEND THE FULL ASSEMBLY TO ROOF OR FLOOR DECK ABOVE WITH SUFFICIENT ALLOWANCE FOR DEFLECTION TO ELIMINATE CRUSHING OF PARTITION UNLESS NOTED OTHERWISE. 7. AT FIRE AND/OR ACOUSTICALLY RATED PARTITIONS, EXTEND THE FULL ASSEMBLY TO ROOF OR FLOOR DECK ABOVE WITH SUFFICIENT ALLOWANCE FOR DEFLECTION TO ELIMINATE CRUSHING OF PARTITION UNLESS NOTED OTHERWISE. PROVIDE HEAD OF WALL JOINT TO MAINTAIN FIRE AND/OR ACOUSTICAL RATING OF THE PARTITION AND FLOOR OR ROOF ASSEMBLY. 8. AT FIRE AND/OR ACOUSTICALLY RATED PARTITIONS, PENETRATIONS OF THE ASSEMBLY AND JOINTS AT INTERSECTIONS WITH ADJACENT BUILDING ELEMENTS SHALL BE CONSTRUCTED PER MANUFACTURER'S WRITTEN RECOMMENDATIONS OR AS DESCRIBED BY THE SPECIFIED THIRD -PARTY TESTED PENETRATION OR JOINT SYSTEM. STAGGER JUNCTION BOXES A MINIMUM OF 2'-0" BETWEEN PENETRATIONS TO MAINTAIN RATING. 9. AT ACOUSTICALLY RATED PARTITIONS, PROVIDE SOUND ATTENUATION BLANKET INSULATION FOR THE FULL -HEIGHT OF THE PARTITION UNLESS NOTED OTHERWISE. 10. AT LOCATIONS INDICATED TO RECEIVE TILE FINISHES, PROVIDE TILE BACKER BOARD IN LIEU OF TYPICAL WALL BOARD NOTED FOR THE PARTITION TYPE. INSTALLATION OF TILE BACKER BOARD SHALL NOT REDUCE FIRE AND/OR ACOUSTICAL RATING NOTED FOR THE PARTITION TYPE. 11. PROVIDE BLOCKING AND/OR BACKER SUPPORT FOR ATTACHMENT OF WALL - MOUNTED MILLWORK, FINISHES, FIXTURES, FURNISHINGS, AND EQUIPMENT. COORDINATE LOCATION AND EXTENTS WITH OWNER AND CONTRACTOR SUPPLIED EQUIPMENT PRIOR TO CONSTRUCTION OF PARTITION. SEE FURNITURE PLAN FOR LOCATIONS OF FURNISHINGS THAT REQUIRE BLOCKING. 12. REFER TO STRUCTURAL DRAWINGS FOR INTERIOR STRUCTURAL PARTITIONS. 13. AT MASONRY PARTITIONS, PROVIDE A MINIMUM OF V-0" OF SOLID MASONRY BETWEEN PENETRATIONS UNLESS NOTED OTHERWISE. 14. AT NON -LOAD -BEARING MASONRY PARTITIONS, PROVIDE ANCHORS FASTENED TO STRUCTURE FOR LATERAL SUPPORT ALONG TOP OF PARTITION WITHOUT TRANSFER OF COMPRESSIVE LOADS. NOTIFY ARCHITECT OF CONDITIONS THAT PREVENT ADEQUATE CONNECTION TO STRUCTURE PRIOR TO INSTALLATION. Architecture and Interiors MSRDesign 510 Marquette Avenue South, Suite 200 Minneapolis, MN 55402 1612.375.0336 Structural Engineer MEYER BORGMAN JOHNSON 510 Marquette Ave South #900 Minneapolis, MN 55402 1612-604-3644 MEP Engineering VICTUS ENGINEERING 2327 Wycliff St Suite 230 St. Paul, MN 55114 1 612-859-8299 GENERAL CONTRACTOR MARKET & JOHNSON 1950 Curve Crest Blvd Stillwater, MN 55082 1 651-340-6146 4) L N 00 s z� �Z L �LO C: M O co N }/ ICU N O d) N - O (0 U) 0 a 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 Architect under the Laws of the State of Minnesota. Signature_ Print Name Date License No PLANNING REVIEW SUBMITTAL ISSUE / REVISION Mark Date Description 4/26/2023 PLANNING REVIEW SUBMITTAL 0 I --I r� U Drawing 2023 Copyright Meyer, Scherer 8 Rockca le, U1. V 0 TYPES AND SYSTEMS U G002 w H 0 "z A 00, - 011L// E 1 20 558 SF 28 MECHANICAL / STORAGE E 1300 103 SF 1 MECHANICAL / STORAGE E 1300 32 SF 1 THIS SPACE WILL BE USED FOR SCHOOL GATHERINGS EXISTING STAIR TO 303.1.3 AN ASSEMBLY SPACE MECHANICAL / KITCHEN STORAGE REMAIN 36" WIDE USE FOR THE PURPOSE THAT IS NO RATED ENCLOSURE ASSOCIATED WITH E E 200 OCCUPANCY IS NOT 159 SF mil PER SECTION 1011.2 CONSIDERED A SEPARATE TABLES AND 1CHAIRS TABLES AND EXCEPTION 1 - 36" IS OCCUPANCY. CHAIRS ALLOWED FOR UNDER 50 DN- E 15 E 15 PEOPLE 104 SF 246 SF 100' - 0,-` ��� 7 ldfL-r- ' 17 777 NEW VERTICAL LIF _ LEVEL 1 EGRESS PLAN G051 1/16" = 1'-0" OCCUPANCY THIS AREA: 42 CLASSROOM OCCUPANCY LESS THAN 50 - ONE MEANS OF EGRESS E 20 FROM NORTH SIDE OF 97 SF SECOND FLOOR 5 MECHANICAL STORAGE E 300 220 SF E 20 98 SF 5 ONLY ONE REQUIRED EGRESS NEEDED. COMMON PATH LIMIT IS NOT APPLICABLE OPEN TO BELOW i MECHANICAL / MECHANICAL / MECHANICA / STORAGE STORAGE STORAGE E 300 E 300 E 300 NEW VERTICAL LIFT 26 SF 39 SF 34 SF 1 1 1 TABLES AND CLASSROOM CHAIRS E 20 E 15 464 SF 46 SF 24 4 2 LEVEL 2 EGRESS PLAN G051 1/16" = 1'-0" r` M M 3 LEVEL 1 BUILDING AREA PLAN G051 1 /32" = 1'-0" 4 LEVEL 2 BUILDING AREA PLAN G051 1 /32" = 1'-0" E) STAI 10 L ❑ ���� MENS ROOM WOMF,IILS MOM UF JAN 18 E 20 441 SF 23 EXIT DOOR EXIST REQUIRED PROVIDED 91.00" OCCUPANTS THRU MINIMUM REQUIRED 32" OCCUPANT LOAD X. 15 NEW STAIR TO LVL 1 - - _ EGRESS THROUGH 1ST FLOOR EXIT DOOR EXIST REQUIRED PROVIDED 67.00" OCCUPANTS THRU PATH "C" MINIMUM REQUIRED 32" OCCUPANT LOAD X. 15 E 20 E 20 E 20 422 SF 433 SF 427 SF 22 22 22 EXIT SEPARATION PROVIDED 119' - 10 3/4" EXIT SEPARATION DIAGONAL 173' - 6 7/8" MIN REQ'D 57' - 10 1/4" "DIAGONAL DIMENSION MECHANICAL / STORAGE E 300 128 SF 1 BUSINESS AREA E 1150 182 SF 2 7 / PATH "C" %IS1rffblI ,�Mm=y- ri% ni m", 50,0 111=1111� CLASSROOM CLASSROOM E 20 E 20 283 SF 290 SF 15 15 v o \ O N co co LEVEL 1 7,664 SF ^^^'T'^"'^' "^^^E PROVIDED 579 A) i 179 SF 2 E 1 20 322 SF 17 EXIT SEPARATION PROVIDED 69' - 9 7/8" EXIT SEPARATION DIAGONAL 95' - 1 3/4" MIN REQ'D 31' - 8 5/8" �rK�.�r �K.�rr ►�.���►,la►��yc.�.v BUILDING AREA NAME AREA LEVEL 1 LEVEL 1 7,664 SF LEVEL 2 7,664 SF LEVEL 2 6,815 SF TOTAL BUILDING AREA 6,815 SF 14,479 SF ra EXIT ACCESS PATH DISTANCE PATH NAME LENGTH PATH "A" 74' - 9" 74' - 9" PATH "B" 132' - 5" 132' - 5" PATH "C" 152' - 3" 152' - 3" OCCUPANT LOAD SUMMARY PER LEVEL OCCUPANCY TYPE FUNCTION OF SPACE OCCUPANT LOAD FACTOR AREA OCCUPANT LOAD 1 PER LEVEL 1 E TABLES AND CHAIRS 15 NET 1,111SF 0 E CLASSROOM 20 NET 3,538 SF 159 E KITCHEN 200 GROSS 159 SF 1 E MECHANICAL / STORAGE 300 GROSS 211 SF 3 5,020 SF 163 LEVEL 2 E TABLES AND CHAIRS 15 NET 46 SF 4 E CLASSROOM 20 NET 1,862 SF 97 E BUSINESS AREA 150 GROSS 360 SF 2 E MECHANICAL / STORAGE 300 GROSS 600 SF 6 2,868 SF 109 GRAND TOTAL 7,888 SF 272 REQUIRED PLUMBING FIXTURES OCCUPANCY OCCUPANCY OCCUPANT WATER CLOSETS LAVATORIES DRINKING TYPE CLASSIFICATION LOAD MALE FEMALE MALE FEMALE FOUNTAINS LEVEL 1 E JASSEMBLY 1 71 0.28 0.55 0.181 0.181 0.14 E EDUCATIONAL 1 92 0.92 0.92 0.921 0.921 0.92 163 1.20 1.47 1.10 1.10 1.06 LEVEL 2 E JASSEMBLY 1 29 0.12 0.22 0.071 0.07 0.06 E EDUCATIONAL 1 80 0.80 0.80 0.801 0.80 0.80 109 0.92 1.02 0.87 0.87 0.86 GRAND TOTAL 272 2.12 2.49 1.97 1.97 1.92 PROVIDED PLUMBING FIXTURES WATER CLOSETS LAVATORIES DRINKING LEVEL MALE I FEMALE UNISEX MALE FEMALE UNISEX FOUNTAINS LEVEL 1 31 3 0 3 3 0 1 LEVEL 2 01 0 2 0 0 2 1 TOTAL 3 3 2 3 3 2 2 PER TABLE 1017.2 EXIT TRAVEL DISTANCE IS UP TO 250 FT WITH APPROVED AUTOMATIC SPRINKLER SYSTEM (PROVIDED) TABLE 1006.3.3(2) MAXIMUM COMMON PATH OF EGRESS IS 75 FT FOR STORIES WITH ONE EXIT (PATH A NEEDS TO MEET THIS) PARKING SPACES: 52 TOTAL ADA SPACES: 3 OF THE TOTAL BUILDING CODE SYMBOLS KEY FE FIRE EXTINGUISHER AIIL DESIGNATED EXIT r ® ACCESSIBLE MEANS OF EGRESS v ACCESSIBLE COMPONENT EGRESS TRAVEL PATH - - - - - - - - COMMON PATH OF EGRESS TRAVEL PATH - - - - - - DIAGONAL / EXIT SEPARATION LINE - REQUIRED - - - - - - - - - - - DIAGONAL / EXIT SEPARATION LINE - PROVIDED FUNCTION OF SPACE OCCUPANCY TYPE LEGEND OCCUPANCY OCC. LOAD TYPE FACTOR SQUARE FEET # OF OCCUPANTS A-1 A-2 EXIT DOOR NUMBER A A-3 B REQUIRED WIDTH IN INCHES PROVIDED WIDTH IN INCHES NUMBER OF OCCUPANTS THROUGH FACTOR THAT IS USED TO DETERMINE REQ'D WIDTH E M STAIR NUMBER REQUIRED WIDTH IN INCHES PROVIDED WIDTH IN INCHES NUMBER OF OCCUPANTS THROUGH S-1 S-2 STAIRS SERVE WHICH LEVELS FACTOR THAT IS USED TO DETERMINE REQ'D WIDTH LOT INFORMATION SITE ADDRESS:601 MAIN ST N, STILLWATER, MN 55082 PARCEL IDENTIFICATION NUMBER (PIN): 2803020110035 LOT: 53,987 SF (1.239 ACRES) ZONING INFORMATION ZONING DISTRICT NAME: CENTRAL BUSINESS DISTRICT (CBD) DISTRICT OVERLAYS: DOWNTOWN STILLWATER DESIGN REVIEW DISTRICT / HISTORIC PRESERVATION COMMISSION REVIEW DISTRICT OVERLAYS: NEIGHBORHOOD CONSERVATION DISTRICT THE PROPERTY CURRENTLY HAS A: • SPECIAL USE PERMIT AND VARIANCE FOR CONVERTING THE OLD TRAIN STATION INTO A THEATER • SPECIAL USE PERMIT FOR 125 SEAT RESTAURANT AND A VARIANCE TO PARKING PARKING (SEC. 31-510 - OFF-STREET PARKING AND LOADING): FOR ELEMENTARY SCHOOLS, 3 SPACES ARE REQUIRED PER CLASSROOM 13 PLANNED CLASSROOMS = 39 REQUIRED PARKING SPACES. FOR THEATER, 1 SPACE IS REQUIRED FOR EACH THREE SEATS FOR THE FIRST 350 SEATS. 125 PLANNED SEATS = 42 REQUIRED PARKING SPACES. THE THEATER AND THE SCHOOL WILL NEVER BE OCCUPYING THE BUILDING AT THE SAME TIME DURING THE DAY. 53 SPACES ARE CURRENTLY PROVIDED ON SITE. BUILDING SETBACKS FOR THE CBD ZONE: FRONT: 15 FEET (SOUTH FACE) REAR: 20 FEET (NORTH FACE) SIDE: 20 FEET TOTAL OF BOTH SIDES (10 FEET/10 FEET; OR 0 TO 20 FEET ON EITHER SIDE) (EAST/WEST) CODE NARRATIVE: EXISTING BUILDING IS A THEATRE / RESTAURANT. OCCUPANCY IS CHANGING TO A CHARTER SCHOOL (EDUCATION OCCUPANCY). EXISTING STRUCTURE IS WOOD CONSTRUCTION. TWO STORY THEATER SPACE SEPARATES NORTH AND SOUTH SIDES OF THE BUILDING. EACH SIDE HAS AN EXISTING STAIR THAT IS NOT ENCLOSED IN A RATED SHAFT AND IS OPEN AIR. NORTH SIDE IS 36" - SOUTH SIDE IS 42". EXTERIOR RENOVATION WILL BE MINIMAL. ADDITION OF WINDOWS ON THE NORTH AND NORTHEAST WALLS. ADDITIONAL SKYLIGHTS ON THE ROOF. MECHANICAL AND FIRE SUPPRESSION WILL BE UPGRADED. ELECTRICAL WILL BE UPGRADED. BOTH TWO STORY SPACES WILL BE PROVIDED WITH A VERTICAL LIFT. AN ADDITIONAL LIFT WILL BE NEEDED ON THE SOUTH SECOND STORY SPACE TO ACCOMMODATE THE ELEVATION CHANGE ON THAT LEVEL. BELOW IS A PRELIMINARY CODE ANALYSIS WITH SECTIONS CALLED OUT THAT ARE SPECIFIC TO OUR PROJECT. PER IEBC - MEANS OF HAZARD IS THE SAME FROM A TO E. 712.1.9 ALLOWS ALL STAIR OPENINGS, WINDOW OPENINGS ON SECOND FLOOR AND STAIRS TO BE NON RATED. PER 801.3 - CEILING HEIGHTS CAN BE 7'-0" (IEBC) 7'-6" (IBC) IEBC: 802.2.1 GROUP E OCCUPANCY - THE ENCLOSURE SHALL NOT BE REQUIRED FOR VERTICAL OPENINGS NOT EXCEEDING THREE STORIES IF PROTECTED BY AN APPROVED AUTOMATIC FIRE SPRINKLER SYSTEM. BUILDING CODE SUMMARY APPLICABLE CODES 2020 MN Building Code (2018 International Building Code per MN Rules Ch.1305) 2020 MN Energy Code (2018 International Energy Conservation Code per MN Rules Ch.1323) 2020 MN Residential Code (2018 International Residential code per MN Rules Ch.1309) 2020 MN Conservation Code for Existing Buildings (2018 IEBC per MN Rules Ch.1311) 2020 MN Accessibility Code (2018 IBC Ch.11 and ICC/ANSI Al 17.1-2009 per MN Rules Ch.1341) - 2020 MN Mechanical and Fuel Gas Code (2018 IMC and 2018 IFGC per MN Rules Ch.1346) 2015 MN Plumbing Code (2012 Uniform Plumbing Code per MN Rules Ch.4714) 2020 MN Fire Code (2018 International Fire Code per MN Rules Ch.7511) MN Electrical Code (2020 National Electrical Code without amendment) PROPOSED BUILDING SUMMARY *Consider New vs Existing Building* Type of Construction Type VB Automatic Sprinkler System Provided Building Height 2 stories; 35 feet Building Area See "BUILDING AREA" Schedule USE AND OCCUPANCY CLASSIFICATION (Chapter 3) Educational Use (Section 305) E SPECIAL DETAILED REQUIREMENTS BASE ON USE AND OCCUPANCY (Chapter 4) Storm Shelter (Section 423) NA IEBC does not require a storm shelter for change of occupancy in an existing building GENERAL BUILDING HEIGHTS AND AREA (Chapter 5) Building Height - Allowable (Section 504) - Height limitations for <occupancy type> (Table 504.3) 60 feet Story limitations for <occupancy type> (Table 504.4) 2 stories Building Area - Allowable (Section 506) - Area limitation for <occupancy> (Table 506.2) 28,500 sf TYPES OF CONSTRUCTION (Chapter 6) Fire -Resistance Rating Requirements for Building Elements (Table 601) Structural frame 0 HRS Bearing walls (Exterior) 0 HRS Bearing walls (Interior) 0 HRS Nonbearing walls and partitions (Exterior) 0 HRS Nonbearing walls and partitions (Interior) 0 HRS Floor construction (Including supporting beams and joists) 0 HRS Roof construction (Including supporting beams and joists) 0 HR Fire -Resistance Rating Requirements for Exterior Walls (Table 602) * What is your fire separation distance? Review table 602* 0 HR FIRE -RESISTANCE RATED CONSTRUCTION (Chapter 7) Maximum Area of Exterior Wall Openings (Table 705.8) Fire separation distance over 30 feet Degree of Opening Protection Unprotected, Nonsprinklered allowable No Limit Vertical Opening Protection (Section 712) Two-story Openings (Section 712.1.9) Unenclosed Stairs and Ramps (Section 712.1.12) Shaft Enclosures (Section 713) NA MEANS OF EGRESS (Chapter 10) Occupant Load (Section 1004) - See Code Plans for Occupant Loads for each story and space Egress Width (Section 1005.3) Capacity Factor with Automatic Sprinkler System and an Emergency voice/alarm communication system Stairways (Section 1005.3.1, Exception) 0.2 inch per occupant Other egress components (Section 1005.3.2, Exception) 0.15 inch per occupant Number of Exits and Exit Access Doorways (Section 1006) Egress from spaces and Common Path of Egress Travel (Section 1006.2 and Table 1006.2.1) Provide not less than 2 exits from spaces where the occupant load exceeds: - Group A, B, E, F, M Occupancies 49 occupants Provide not less than 2 exits from spaces where common path of egress travel exceeds: - Group A, E, M Occupancies with or without Automatic Sprinkler System 75 feet Egress from stories or occupied roofs (Section 1006.3) Provide not less than 2 exits from all stories except where the occupant load does not exceed: Group A, B, E, F, M Occupancies on First story or Basement 49 occupants Group S Occupancies on First story or Basement 29 occupants Group B, F, M, S Occupancies on Second story 29 occupants Group R-2 Occupancies up to and including Third story 4 dwelling units Provide not less than 2 exits from all stories except where common path of egress travel does not exceed: - Group A, B, E, F, M, S Occupancies on First story or Basement 75 feet Common Path of Egress Travel (Section 1006.2.1 and table 1006.2.1) Common path of egress travel shall not exceed the following distances: SEE TABLE - Typical Occupancies with Automatic sprinkler system 75 feet Exit or Exit Access Doorway Arrangement (Section 1007.1.1) Where multiple doorways are required, not less than 2 shall be located as follows: - Exception 2: Separation Distance along diagonal with Automatic Sprinkler System 1/3 of diagonal Accessible Means of Egress (Section 1009.1) Provide Accessible Means of Egress as follows: - Not less than 1 from all accessible spaces Provided for north second story space and first level Not less than 2 from any accessible space requiring multiple exits per 1006.2 or 1006.3 Provided or N/A Exception 1: Not required in alterations to existing buildings Applicable to south second story Stairways used as part of an Accessible Means of Egress (Section 1009.3) Delete if N/A Clear width between handrails 48 inches - Exception 2: Not required where Automatic Sprinkler System is provided Delete if N/A Stairways used as part of egress Miniumum width between stringers 44 inches - Exception 1: Stairways serving an occupant load of less than 50 shall have a width of not less than 36 inches Exit Access Travel Distance (Section 1017) Exit access travel distance shall not exceed the following values (Table 1017.2): Group A, E, F-1, M, R, S-1 Occupancies with Automatic Sprinkler System 250 feet Corridors (Section 1020) Corridor Fire -Resistance Rating (Table 1020.1) NA - Group A, B, E, F, M, S Occupancies with Automatic Sprinkler System or serving 30 or less occupants 0 HRS Minimum Corridor Width (Table 1020.2) All occupancies unless noted below: 44 inches Access to mechanical, plumbing, or electrical equipment: 24 inches Spaces with occupant load less than 50: 36 inches Dead ends in Corridors shall not exceed the following length (Section 1020.4): 20 feet ELEVATORS AND CONVEYING SYSTEMS (Chapter 30) Elevator Lobby and Hoistway Opening Protection (Section 3006) Neither Required with shaft enclosure connecting 3 stories or less. Architecture and Interiors MSRDesign 510 Marquette Avenue South, Suite 200 Minneapolis, MN 55402 1 612.375.0336 Structural Engineer MEYER BORGMAN JOHNSON 510 Marquette Ave South #900 Minneapolis, MN 55402 1 612-604-3644 MEP Engineering VICTUS ENGINEERING 2327 Wycliff St Suite 230 St. Paul, MN 55114 1 612-859-8299 GENERAL CONTRACTOR MARKET & JOHNSON 1950 Curve Crest Blvd Stillwater, MN 55082 651-340-6146 L MN w s z 'L'^^ �Z L >1 V ) M o co N o }/ CU ` N 5 W 1° a N O �--+ (0 U) 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 Architect under the Laws of the State of Minnesota. Signature_ Print Name Date License No PLANNING REVIEW SUBMITTAL ISSUE / REVISION Mark Date Description 4/26/2023 PLANNING REVIEW SUBMITTAL Drawing 2.23 Copyright Meyer, Scherer &Roc-0., Ltd. V1 BUILDING CODE SUMMARY U 51 �T0 O7 D C CL DEMO EXISTING B A DEMO EXTERIOR WALL FOR STOOP NEW WINDOW LOCATIONS STRUCTURE — REPLACE EXISTING r DN HVAC EQUIPMENT AS I �'� �'saa� NEEDED - 7- I I III DEMO EXISTING WOOD = I I JII DECK, RETAINING�AILOL/N 4 CURRENTLY NOT USABLE; I II �" DEMO WALLS, PLUMBING - , . '_" .FIXTURES, ETC' _, '-.• •-, I I I �- S� DEMO STAGE, WING WALLS, AND, ALL VERTICAL DEMO WALLS, PLUMBING, EXISTING CIRCULATION AND FIXTURES, ETC . WALK IN OTHERX / -� I R COOLER KEEP WALL T COMPONENTS TO DEMO I I AVOID FOR STAGE ❑ REMAIN - ' EXTERIOR RELOCATION OF - —'-'- - PROTECT WALL FOR ' EXISTING U INSTALLATION I I ELECTRICAL - - - OF NEW PANELS'- DEMO BAR, RAISED SEATING AREAS, HALF _ - WALLS, AND BOOTHS. WINDOWS AND - - • - - •- - ,- HEADERS : 11 - • - - - , , - - - - - - - -• - - DEMO WOOD PANEL WALLS / "� STRUCTURAL COLUMNS" - , -. - , -- I I , - - - - _ - - - - - '_ - _ - , - - • - - ,_ - - ' - . ' - : " -' -• - _ -" _ -• _ I �I I PROTECT FLOOR FINISH AND PROVIDE _ ;. _ LEAN BREAK AT ALL TILE BASE. C S S - - DEMO INTERIOR - ; - - - - - - � - - - - LAYER OF EXTERIOR F = WALL FOR - I I' / SALVAGE AND DONATE WHENEVER INSTALLATION OF ' I I - POSSIBLE , DEMO DOORS - � - . , -. - VAPOR BARRIER AND - - - 5 _ •- -,• I. , ' - _ , - ,- - - - - - - - ; - • - - - - - - - -, _ - - „- • - - - - _ _ ,_ •- -. - . •- - -- , - -, - ,.- - - -, - - : PROTECT FRAME INSULATION, TYP THIS I - FOR DOOR ;SIDE OF BUILDING I DEMO ELEVATED ; REINSTALLATION — I SEATING AREAS " AND BOOTHS 11 II77 NOT LIMITED TO - FRO ALL WALL IP AND ' WOOD PANELING. 1 I - EXISTING WATER HEATER TO BE ; RELOCATED - - - - - - - DEMO INTERIOR LAYER - - - - - - - - - - - - - - - - - - - - - - - - - - - law OF GYPSUM TO ALLOW INSTALLATION OF INSULATION AND BARRIER, TYPICAL AT ALL E1 WALL TYPES - SEE FLOOR PLAN LEVEL 1 DEMOLITION PLAN AD101 1/8" = 1'-0" D C CL B A I I I I I I zL-­� 2 LEVEL 1 DEMOLITION RCP 7/ AD 101 1 /8" = 1 r-0" DEMOLITION SYMBOLS LEGEND o41` EXISTING TO REMAIN EXISTING TO BE REMOVED II II II II DEMO THREE SEASON PORCH, SUPPORTS, PROTECT EXISTING _ EXTERIOR WALL Architecture and Interiors MSRDesign 510 Marquette Avenue South, Suite 200 Minneapolis, MN 55402 1 612.375.0336 Structural Engineer MEYER BORGMAN JOHNSON 510 Marquette Ave South #900 Minneapolis, MN 55402 � 612-604-3644 MEP Engineering VICTUS ENGINEERING 2327 Wycliff St Suite 230 St. Paul, MN 55114 1 612-859-8299 GENERAL CONTRACTOR MARKET & JOHNSON 1950 Curve Crest Blvd Stillwater, MN 55082 1 651-340-6146 L N 00 s z� FMQLO �z L-4.- >U M O CM N O CL }� \ N N � n N O (0U) 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 Architect under the Laws of the State of Minnesota. Signature_ Print Name Date License No PLANNING REVIEW SUBMITTAL ISSUE / REVISION Mark Date Description 4/26/2023 PLANNING REVIEW SUBMITTAL 4 O U �r) Drawing 2M Copyright Meyer, Scherer & Rockcastle, Ltd. IIr� l LEVEL 1 DEMOLITION U PLAN h�l PTO Fr'�) oAD101 D 1 LEVEL 2 DEMOLITION PLAN AD102 1/8" = 1'-0" 2 LEVEL 2 DEMOLITION RCP AD102 1/8" = 1'-0" DEMOLITION SYMBOLS LEGEND r� 1 -� �= EXISTING TO REMAIN EXISTING TO BE REMOVED Architecture and Interiors MSRDesign 510 Marquette Avenue South, Suite 200 Minneapolis, MN 55402 1 612.375.0336 Structural Engineer MEYER BORGMAN JOHNSON 510 Marquette Ave South #900 Minneapolis, MN 55402 1 612-604-3644 MEP Engineering VICTUS ENGINEERING 2327 Wycliff St Suite 230 St. Paul, MN 55114 1 612-859-8299 GENERAL CONTRACTOR MARKET & JOHNSON 1950 Curve Crest Blvd Stillwater, MN 55082 1 651-340-6146 L N 00 s z� FMQLO �z L-4-- >U Cl)}- O CM N O CL \ N N � n N O (0U) 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 Architect under the Laws of the State of Minnesota. Signature_ Print Name Date License No PLANNING REVIEW SUBMITTAL ISSUE / REVISION Mark Date Description 4/26/2023 PLANNING REVIEW SUBMITTAL Drawing 2M Copyright Meyer, Scherer &Roc-0., Ltd. I1� V L LEVEL 2 DEMOLITION PLAN U PTO oAD102 Architecture and Interiors "z 3 rrOt,.Z£°S NI D LS'8L =H.3 \ „£L,ZZ°0=D E6`£L8 - LS*8L =7 c NTY LINE LAUREL STREET \ E'LY LINE TRACT 2 BITUMINOUS TRAIL 11-v .7cVi T 197L£9 M,.Lti,£ti°SOS p - - - - - - - - - - - M �. 89 8Z BITUMINOUS TRAIL o I I FOUND 1/2" IRON PIPE I �. N N M 9S 6S°ZLS FOUND MAG NAIL— ----- (£6 S�) IN LIMESTONE WALL �- I I `� - _ _ - 30' UTILITY EASEMENT PER W/ UNREADBLE CAP I I N cn - - - SOW v \ 30 ^�i I� 30 ' DOC NO. 7002406 (ITEM 75) r -� -NORTHERN PACIFIC RAILWAY I I 1 I , ' _ _ _ _ _ - 30' UTILITY EASEMENT PER + I I A LAURELON 124.00 FT - COMPANY SPUR LINE RIGHT I DOC NO. 1002406 (ITEM 15) s I I OF WAY PER BOOK 55, PG 267 (ITEM 72) II I FROM ETY LINE MAIN ST �` \ LINE �--I----------------------- ' -- I - 1 CENTS L ST. `120' UTILITY EASEMENT PER DOC -�' \ �I I t o 30' UTILITY EASEMENT PER `- ---_ _ - I \ LAUREL � -- I _ I DOC NO. 1002406 (ITEM 15) NO. 1002406 (ITEM 15) I \ \ 20' UTILITY EASEMENT PER `� I� -- I � ---- - \30 DOC NO. 1277100 (ITEM 25) II I \ �2. \ II EXISTING TWO z a BUILDING LIES WITHIN UTILITY o Oz Ili I N \,�S;�O ���\ \ \f II ®I I STORY BUILDING EASEMENT COVERED BY LICENSE m v O Ij /�j I APPROXIMATE' \ \ I�• OZ _ _ I EXISTING ROOF TO REMAIN PER DOCS. 1135640 & 1136277 (ITEMS 19 & 20) I 1 I BITUMINOUS EDGE I I ----- x - I --- ELV FOUND 112" IRON PIPE _ \ 11\--6LILL°80S I N I PROJECTION i W/ UNREAD�LE CAP CHB=N 6°52'03" E -� \ � \ �6L'6S � I I FOUND 1/2°IRON PIPE - -- N09°27'77"E -- - -- - \_ - -_tI „A„ ------ CH-263.14 337.78 9 M LOSO�Lo80N --- -- -,I I- W/UNREADBLE CAP I R=2974.74 ACCESS 61,yi°ZOS o _ �, � I ►n � ` � �3,r i�Or £Z° ON o I M o �v L=263.23 ALINE 477.07 FEET - -� �' 20 �{ cro _ T PA CEL P.O.B. M 0 � ACCESS \ o N'LV OF THE S. LINE Z8. N / ACCESS ACCESS M — — — O�RACTA — �u �_ - - ✓ -- - ---- M„ . £'LL' 3- £Z, OZ° 60N W'LY LINE - M -- ------------------------- PRESUMED LOCATION OF 20' W'LV LINE M --- TRACT 2 � \ \ DRAINAGE ---- EASEMENT PER TRACT 2 - -- °p DOC NO. 1272173 (ITEM 26) � � � � / �� V J • PARCEL 2 P.O.B. i E'LV LINE ` INTERSECTION OF E'LY LINE MAINSTREET -- - - - - - - -- -- _ �— � � MAIN STREET AND N'L Y LINE OF LAUREL STREET TREET - PER "MYRON SHEPARD'S PERFECTED PLAT" < r71W 7VVA Y IVV. 95 S'LYLINE - r _ RAC? A — R �3000 x ----- i EXISTING SITE SURVEY A001 1 " = 30'-0" 2 SITE PLAN A001 1 " = 20'-0" TRASH ENCLOSURE LUMBERJACK EXISTING MECHANICAL EQUIPMENT UNDER _ _ROOF OVERHANG TO BE REPLACED AND - - - - - - - - - -- MINIMIZED WHENEVER POSSIBLE NEW EXTERIOR WOOD - GRAIN DECK W METAL VERTICAL PICKET GUARDRAIL REUSE EXISTING PLUMBING VENTS WHENEVER POSSIBLE -ADD NEW PLUMBING VENTS AS REQ'D - EXACT LOCATION TBD WITH CONTRACTOR ON _BACK SLOPE OF ROOF ALL EXISTING TREES AND LANDSCAPING TO REMAIN EXISTING SIDEWALK TO REMAIN F R A I ADDITION - PROPERTY ---- ----- - — - - - - - - - - - - - - cn DEMO WALKWAY - v! w PROVIDE TURF AND NATIVE PLANTS co _ _ - - _ _ _ - A- „ „ \t„ -t„- t„ DEMO TRAIN AND RAIL LINES NEW LINE OF SHRUBS- - - _1:20 ADA WALKWAY- - - NEW SIDEWALK WITH CURB RAMP TO ADA ACCESS TO LEVEL ONE GARDEN UP tzlll_RIIVM_�� - EXISTING STAGE AND NEW ADA PARKING To �T TO REMAIN • • ATCH NO CHANGES TO ROOF LINE ON MAIN MODIFY CURB AND RESTRIPE PARKING STREET SIDE OF BUILDING SPACES TO ALLOW DIRECTIONAL CHANGE IN ONE WAY ACCESS - REUSE EXISTING SIGNAGE AND CURB STOPS EXISTING SIGN MODIFIED TO NEW TENANT: NO INCREASE IN SIZE MODIFY CURB FOR BUS ACCESS ALL EXISTING TREES AND LANDSCAPING TO REMAIN MSRDesign 510 Marquette Avenue South, Suite 200 Minneapolis, MN 55402 1 612.375.0336 Structural Engineer MEYER BORGMAN JOHNSON 510 Marquette Ave South #900 Minneapolis, MN 55402 1 612-604-3644 MEP Engineering VICTUS ENGINEERING 2327 Wycliff St Suite 230 St. Paul, MN 55114 1 612-859-8299 GENERAL CONTRACTOR MARKET & JOHNSON 1950 Curve Crest Blvd Stillwater, MN 55082 1 651-340-6146 4) L N 00 s zLO �Z L �LO C M O co N O }/ N O � N - (0 U) 0 a 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 Architect under the Laws of the State of Minnesota. Signature_ Print Name Date License No PLANNING REVIEW SUBMITTAL ISSUE / REVISION Mark Date Description 4/26/2023 PLANNING REVIEW SUBMITTAL Drawing 2M Copyright Meyer, Scherer & Rockc 0., Ltd. V p SITE PLAN U 1 r0 r O Architecture and Interiors z 2 SITE CONTEXT A002 NTS / I\ BUS EXIT 1 4 BUSES TO DROP OFF AND PICKUP MONDAY - FRIDAY 40-50 CARS TO DROP OFF AND PICKUP MONDAY - FRIDAY 1 SITE SURVEY TRAFFIC STACKING DIAGRAM A002 1 " = 30'-0" r 9 Q BROWN'S CREEK TRAIL T PROPERTY LINE STUDENT ENTRY 20' - 0" o — f L I _L T�T�I i L�J L�I I Y II I I I I II I I I I I ----JL------1------T-----1------1------JL------J L------J L------J _�.IIIM=CAR DROP OFF SCF �z DIRECTING STUDENT ENTRY L-- ---_J I------------- zo CARS OUT `\ AFTER \ BUSES _PARK \\ EXISTING STREET PARKING. NO LOADING. BUSES IN EXISTING STREET PARKING. NO LOADING. MAIN STREET NORTH (STATE HIGHWAY MN-95) SITE CONTEXT 3 PHOTOS A002 NTS �J j\ PROPERTY LINE L EXISTING STREET PARKING. NO LOADING. EXISTING STREET PARKING. NO LOADING. MSRDesign 510 Marquette Avenue South, Suite 200 Minneapolis, MN 55402 1 612.375.0336 Structural Engineer MEYER BORGMAN JOHNSON 510 Marquette Ave South #900 Minneapolis, MN 55402 1 612-604-3644 MEP Engineering VICTUS ENGINEERING 2327 Wycliff St Suite 230 St. Paul, MN 55114 1 612-859-8299 GENERAL CONTRACTOR MARKET & JOHNSON 1950 Curve Crest Blvd Stillwater, MN 55082 1 651-340-6146 4) L N 00 s zLO LO �Z L U) M O co N O }/ N O � N - (0 U) 0 a 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 Architect under the Laws of the State of Minnesota. Signature_ Print Name Date License No PLANNING REVIEW SUBMITTAL ISSUE / REVISION Mark Date Description 4/26/2023 PLANNING REVIEW SUBMITTAL /�) Drawing 2.23 Copyright Meyer, Scherer 8 Rockcaslle, 1-M. 1� V1 SITE CONTEXT AND 0 TRAFFIC STACKING U 0 w H oAO02 -I LEVEL 1 FLOOR PLAN A100 1/8" = 1'-0" D - - - - - - A201 2 4 A201 2 LEVEL 2 FLOOR PLAN A100 1/8" = 1'-0" WALL / PARTITION LEGEND /APPLIED FINISH � 1 EXISTING CONDITION NEW CONSTRUCTION A NEW WINDOWS AND WALL NEW FLOOR NEW WALLS ALIGN WITH WALLS BELOW,TYP i 1wmy. rMnmvMrvi Architecture and Interiors MSRDesign 510 Marquette Avenue South, Suite 200 Minneapolis, MN 55402 1 612.375.0336 Structural Engineer MEYER BORGMAN JOHNSON 510 Marquette Ave South #900 Minneapolis, MN 55402 1 612-604-3644 MEP Engineering VICTUS ENGINEERING 2327 Wycliff St Suite 230 St. Paul, MN 55114 1 612-859-8299 GENERAL CONTRACTOR MARKET & JOHNSON 1950 Curve Crest Blvd Stillwater, MN 55082 1 651-340-6146 L N 00 s z L^ FM^Q, VJ W Z L-4-->* 5 n G Cl)}- O CM N O CL \ N N � n N O (0U) 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 Architect under the Laws of the State of Minnesota. Signature_ Print Name Date License No PLANNING REVIEW SUBMITTAL ISSUE / REVISION Mark Date Description 4/26/2023 PLANNING REVIEW SUBMITTAL Drawing 2M Copyright Meyer, Scherer &Roc-0., Ltd. p FLOOR PLANS U/ w rT� oA100 4 V, "z C I — — ROOF PLAN A101 1 /8" = 1'-0" 2 NEW ROOF PENETRATIONS -_ -FOR INTAKE AND EXHAUST, -FINAL LOCATION TBD - - A201 2 DECK BELOW - CL B I ISTING ROOF TO REMAIN. TYP .NEW SKYLIGHTS --VERIFY EXACT - -LOCATION WITH ROOF FRAMING, -PATCH ROOF AS REQ'D AT EACH OPENING- - 4 A201 INTAKE AND EXHAUST, L LOCATION TBD- - - I I ROOF1 -2:12 SLOPE -(MIN SLOPE FOR ASPHALT SHINGLES SHINGLES TO MATCH EXISTING- NEW SKYLIGHTS - (24"x48") --VERIFY EXACT _LOCATION WITH ROOF - - - FRAMING, PATCH ROOF _ 3 - S REQ'D AROUND EACH -:`OPENING::-_- 2 ROOF PITCH ALIGN WITH RAMP BELOW 1=� A201 Architecture and Interiors MSRDesign 510 Marquette Avenue South, Suite 200 Minneapolis, MN 55402 1 612.375.0336 Structural Engineer MEYER BORGMAN JOHNSON 510 Marquette Ave South #900 Minneapolis, MN 55402 1 612-604-3644 MEP Engineering VICTUS ENGINEERING 2327 Wycliff St Suite 230 St. Paul, MN 55114 1 612-859-8299 GENERAL CONTRACTOR MARKET & JOHNSON 1950 Curve Crest Blvd Stillwater, MN 55082 1 651-340-6146 4) L N 00 s zLO �LO L �U C M O co N O }/ N O � a 0N - (0 U) 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 Architect under the Laws of the State of Minnesota. Signature Print Name Date License No PLANNING REVIEW SUBMITTAL ISSUE / REVISION Mark Date Description 4/26/2023 PLANNING REVIEW SUBMITTAL Drawing 2.23 Copyright Meyer, Scherer 8 Rockcaslle, Ltd. V 0 ROOF PLAN U A 10 1 w H 0 T T C.L. n T 1 BUILDING TRUE NORTH ELEVATION A201 1/8" = 1'-0" NEW GUARDRAIL TO MATCH DECK GUARDRAIL �� � �_ � llllllllllllllll■ g N NEW SITE WALL - BURNISHED BLOCK - II III III III III III III III III III III III III II 2 BUILDING WEST ELEVATION A201 1/8" = 1'-0" D I I PEAK - 0 3/8" ------ PEAK _ 01 I LEVEL 20' - 0" DITIO- 14'-8 " 1 =VEL 2 - 0 3/4" 1 J GUARDRAIL kDA WALKWAY MATCH DECK _ING =VEL 1 00'-0" OTING � 98'-0" ,OT 0 _ , 95� 95" 1 :NISH BLOCK WALLS PAINTED VERTICAL PICKET METAL GUARDRAIL ® © O T.O. UPPER ROOF PEAKA • MAIN ROOF PEAIS� 1 — - �= 1 1 =ii ii--ii ii= 1.. . '- r __ _ ■I 1 IN ME Mi 1111111 .. ■ IIII 1�1 �—pool ��•�•�•�•.■■ Imo• Deals, ■�••�U •-•-•-•-•-•-•. •Lail 110.I-•_-•-s•-•-•-�-�1 ������������������� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII■NII � � gg1 � SIP—= RIB►--- I����F,ME An ��!o���mmaEM MIN 1001-01, ►����■ IIIIILEVEL 1 1 I 1 •• 1 • FOOT NG x 3 BUILDING TRUE SOUTH ELEVATION A201 1/8" = 1'-0" A B CL C QD SHINGLES TO ALIGN WITH _ _ _ _ _ _ _ _ _ T.O. UPPER_ ROOF PEAK MATCH EXISTING EXISTING ROOF— �I RIDGE 135' - 0 3/8" SOFFIT TO MATCH EXISTING .O. MAIN ROOF PEAK _ 1�1 - _ - • • -� -- - - -- - - _— ICI = —_ � • • - _ - NO ON ■ I ON. . . ■ FIJ�L — — -- — - - - - - - - - — -- — ---- --- - --- --- llllllllllllllll■ � � � lllllllllllllllllllllllllll■ � � � � � • ■ ■ • llllllllllllllll■ � � lllllllllllllllllllllllllll■ � � � � 1�•-1/��� �-•-•-• ■ _ �-�I���'�,��•-1 1�1��■■ Al■■ �■■r 1■■ V 104 � � �-1��-�-�-�-� � � � A I 0� • • • • I ��� ��j�:;i�� � � � � �-�-■■■ ■■■z�-�-�-■■■ ■■■ace-�-� • —1 - „ r, .. .. 1 1 1 1 1 1 I II i I • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 . I 1 1 1 1 1 1 1 1 1 • I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 II 1 1 1 1 1 1 1 II II 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 II ,111�I I I I I ► ► - I I I I I I I I I I I I I .7 .7 1 1].7 .7 .71.7 ] ] ■ 1 17 .7 Ldl e7 .7 ., .7 .7 .7 .7 .7 ] ] ] •• I I I I I I I I 11 I I I I I I I I I I I J J I • • 1 1 I 1, . 1, I I I I 1 I I I I I 1, 1 I 11 it it r I I I I I I I I it it it 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 II 1 I 1 1 1 1 1 1 1 1 1 1 i _ �_ ..........................illlllill�..,..i.�_LI.L�.._.,..._.,..I,..,..,..,..,..,.I�i�ill�illll���������������������il -:,..-:,. •_:. _., •_.hLLI.I_LhLLI.I_LI.LLI.I_LhLIII,�LLhL.I.I_LhLLI.I_LhLllllllllllllllliaal�ll�ilill�ilill�IIIIIIIIIIIr�_..,Il�lllllllllll�llill�llill�_....._all..IIIIIII,-.....-...�.I.�..,..._.,..._.,..._.,..._.,..,..,..,..,..,..,�I�ilill�ilill�ilill�llill�llillllllli�� iD>,�iiiiiiiilllur = _ ? -'"IIIIIII 11 1 Ell • - • D 1 ■■ ■■ 1 �ME ■■ ■■ ■�� • . • • - ■ • . • • - • • • 1 --• ■ ■ •- Deal --• ■ ■ •- 1 .1 T CL T T NEW SKYLIGHTS, TYP I NEW SKYLIGHTS. TYP II III III' III III III_ III_ III III III III III IIITIII III III III III�III III III III III�III III III_ III_ III III III III III III I'll III III III III III III III III I _ _ _ 4 BUILDING EAST ELEVATION A201 1/8" = 1'-0" T.O. MAIN ROOF PEAK ROOF LEVEE 120' - 0" LEVEL 2 ADDITIONS 114' - 8" �� LEVEL 2� 111' - 0 3/4" LEVEL 1 100'-0, FOOTING T.O. FOOTING 95' - 0" Architecture and Interiors MSRDesign 510 Marquette Avenue South, Suite 200 Minneapolis, MN 55402 1 612.375.0336 Structural Engineer MEYER BORGMAN JOHNSON 510 Marquette Ave South #900 Minneapolis, MN 55402 1 612-604-3644 MEP Engineering VICTUS ENGINEERING 2327 Wycliff St Suite 230 St. Paul, MN 55114 612-859-8299 GENERAL CONTRACTOR MARKET & JOHNSON 1950 Curve Crest Blvd Stillwater, MN 55082 1 651-340-6146 L N s z� W Z L ���^^ >* vJ M o M N CL O 5 ` N ` J (D N O �C/) 4- 0 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 Architect under the Laws of the State of Minnesota. Signature_ Print Name Date License No PLANNING REVIEW SUBMITTAL ISSUE / REVISION Mark Date Description 4/26/2023 PLANNING REVIEW SUBMITTAL �/��r/I' Drawing 2023 Copyright Meyer, Scherer & Rockcastle, Ltd. Iar� V L BUILDING O �l ELEVATIONS V hr--I O O Architecture and Interiors "z UPPER R )OF�K \ _ T.O - 135' . 0 3ROOF P� T.O.MA�- ROOF LEVEL - 120" 0" ITIO LEVEL 2� �CVC i 111' 0 3/4 EL LEV1 ' EV TIIG 98�,"00T� - 95' . 0^ EXISTI A202 3 EXISTING + DEMO - TRAIL SIDE A202 DEMOLITION SYMBOLS LEGEND EXISTING TO REMAIN EXISTING TO BE REMOVED T O. UPP ER ROOF�K" 135'-p3ROOF pi T.O. MAI 130-11" ROOF LEA - 120' - 0" ADDITIO LEVEL- 2 114' �L 2 LCVC 111' - 0 3/4 �N§�LF'OVO'TLI10G � OjT- 95' 0' 2 EXISTI A202 4 EXISTING + NEW - TRAIL SIDE A202 MSRDesign 510 Marquette Avenue South, Suite 200 Minneapolis, MN 55402 1 612.375.0336 Structural Engineer MEYER BORGMAN JOHNSON 510 Marquette Ave South #900 Minneapolis, MN 55402 1 612-604-3644 MEP Engineering VICTUS ENGINEERING 2327 Wycliff St Suite 230 St. Paul, MN 55114 1 612-859-8299 GENERAL CONTRACTOR MARKET & JOHNSON 1950 Curve Crest Blvd Stillwater, MN 55082 1 651-340-6146 4) L N 00 s zLO LO �Z L 4-0 �U C O 0 co N O }/ N O � N - (0 U) a 0 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 Architect under the Laws of the State of Minnesota. Signature Print Name Date License No PLANNING REVIEW SUBMITTAL ISSUE / REVISION Mark Date Description 4/26/2023 PLANNING REVIEW SUBMITTAL Drawing 2023 Copyright Meyer, Scherer & Rockcaslle, Ltd. EXTERIOR 3D A202 EAST ELEVATION rJ�MAIN STREET) A202 NTS WEST ELEVATION NORTH ELEVATION 6(TRAIL SIDE) 7 (PARKING SIDE) A202 NTS A202 NTS S SOUTH ELEVATION A202 NTS CL I I I OUTDOOR CLASSROOM OUTDOOR CLASSROOM I I A201 DN I I 2 I I J- - — — — — — — — — — — — — — — — — — — — — — — — NEW WINDOW NEW WINDOW �I CLASSROOM O 1 Z 11 480 SF w Z A201 3 - - C.L. _ = - CLASSROOM EXIT ONLY 2 12 I � 554 SF 0 00 % MECH 0 00 13 00 104 SFCE� 000 MI ❑ �J O O L ROOF OVERHANG ABOVE 1 LEVEL 1 - SCHEMATIC A901 1 /8" = 1 r-Orr D I MECH n OFFICE PON`ULT SIF ® CONSULT �. �■■lI■■NI■■� O F CLASSROOM F 13 000 O 21 O 00U 393 SF L_ -1 000 000 000 I 000 000O 6000 0-1 0 O STAIR LEARNING Q LEARNING SPACE a SPACE 8SF } 397 SIF 397 SF MENS ROOM O TAIR a. 2 LIFT 147 SF 14 Lu JAN 18 CURTAIN CURTAIN LEARNING GARDEN NEW WINDOW NEW WINDOW NEW WINDOW UP NEW STAIR FOCUS CORNER 22B -83SF_ 7Ii NEW WINDOW EXISTING WALK-IN COOLIE STUDENT LOCKERS W LOUNGE WOMENS �e I SEATING I I — - - — — — ROOM PREP AREA O 35 144 SF w C' L ``---------------------------------------------i� 1-1 VESTIBULE CAR DROP OFF - - - - - - - - - 71 SIF - - - - - I CLASSROOM CLASSROOM CLASSROOM uuuuu LIFT 7 8 0 0 I jI 396 SF I 7 8 402 SF 406 SF CLASSROOM LOUNGE AND LOUNGE AND 5 FOCUS FOCUS 0000 O 0 �� 0000 19 20 409 SF 0000 369 SF 369 SF OO OO OOO ROOF OVERHANG ABOVE I I O a U Q— — -------------------- LEVEL 2 - SCHEMATIC A901 1 /8" = V-0" U3 Q RAMP 71 -- - - - - I �I I I J - - - - - - - - - - - - - - - - - - - - - - - I I BUS DROP OFF 4 A201 A201 CL 2 EXISTING OPEN I STAIR (36") I I I OPEN TO �ELOW I I I I I I I 4 A201 i I� L- J ICI I I I I LIFT LOCKERS II I LUP — 0 CLASSROOM CLASSROOM 9 10 25 26 241 SF 241 SF 7'�J[ `�— l Ir ,I 000 F- L�000 9001 1 00000 00 LII LJ �� 0 u A CONSULT 30 EXTEND NORTH WALL - TWO STORIES - - - - - - - - - - R CONSULT SHARED OFFICE 29 LIFT CLASSROOM CLASSROOM r, 11 12 O O 27 - - 28 O - II II I I I I OI II II II LJ — O O 0 —0---- 302 SF 308 SF O I I -10��� MECH I I 000 I J- I - ---- L-- INFILL FLOOR 6'-8" HEADROOM A201 Architecture and Interiors MSRDesign 510 Marquette Avenue South, Suite 200 Minneapolis, MN 55402 1 612.375.0336 Structural Engineer MEYER BORGMAN JOHNSON 510 Marquette Ave South #900 Minneapolis, MN 55402 1 612-604-3644 MEP Engineering VICTUS ENGINEERING 2327 Wycliff St Suite 230 St. Paul, MN 55114 1 612-859-8299 GENERAL CONTRACTOR MARKET & JOHNSON 1950 Curve Crest Blvd Stillwater, MN 55082 1 651-340-6146 L N 00 s z� FMN Ln Z L CC G >*�� v! Cl) O C N O CL 5 }- \ N L N (.0 C/) 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 Architect under the Laws of the State of Minnesota. Signature_ Print Name Date License No PLANNING REVIEW SUBMITTAL ISSUE /REVISION Mark Date Description 4/26/2023 PLANNING REVIEW SUBMITTAL Drawing 2023 Copyright Meyer, Scherer & Rockcastle, Ltd. V L LEVEL ONE FURNITURE PLAN V h�l O O 11 1 tems�fi wr The Birthplace of Minnesota April 28, 2023 Manitou Fund Attn: Oliver Din 4801 Highway 61, Suite 310 Stillwater, MN 55110 RE: Conditional Use Permit Application - Incomplete Dear Odin, The City has received your Application dated April 26, 2023. Per Minnesota Statutes Chapter 15.99 (Deadline for agency action, AKA 60 Day Rule), we have determined the Application to be incomplete pending the submittal of the following. • Traffic Study We will still continue to work with you on the Application to complete the missing materials. In order for your application to be considered complete and to be placed on the May 24, 2023 Planning Commission Agenda, we will need preliminary findings of the traffic study by Monday, May 15 with the final report submitted by Wednesday, May 17. We encourage you to submit preliminary findings as soon as practical before May 15 if possible. Sincerely, C TY ST LLWATER Tim Gladhill Community Development Director tladhill ci.stillwater.mn.us 651-430-8821 CC: Only a Dim Image Productions d/b/a The Zephyr Theater Attn: Nicole Bartlet, Board Chair 601 Main St N Stillwater, MN 55082 216 4ch Street North, Stillwater Minnesota — 651-430-8800 — www.ci.stillwater.mn.us 1 water T H E B IRTHPLACE OF MINNESOTA DATE: May 2, 2023 TO: Honorable Mayor and City Council FROM: Joe Kohlmann, City Administrator SUBJECT: Oak Park Heights RFP Invitation Overview: The City received the attached invitation to participate with the City of Oak Park Heights on a review of the local fire and EMS services in a portion of the St. Croix Valley. The exact scope is not yet defined but in short involves the City of Oak Park Heights, Bayport, Baytown Township, West Lakeland and Lakeview Hospital. Chief Glaser has sat in a preliminary meeting up until this point, as reported previously. There are three potential options: 1) Join and fully participate in the fire service study 2) Respectfully decline 3) Not be a formal participant but offer any data as requested by the contractor for their use to analyze and assist them with the study. There is no obligation for financial contribution but it would consume staff time of primarily Chief Glaser and his team. Discussion - Determine whether or not the City of Stillwater participate in Oak Park Heights' Fire Service Study. City of Oak Park Heights 14168 Oak Park Blvd. N • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574 April 6t'', 2023 Mr. Matt Kline, City Administrator City of Bayport Via email only: mkline@ci.bayport.mn.us Mr. John Hall, Chair Baytown Township Via — email only: john.hall@baytowmmm.org Mr. David Schultz, Chair West Lakeland Township Via email only: dschultz6816@comcast.net RE: 2023 — Study — EMS/Fire Services Dear EMS Partners: Mr. Jon Muller, EMS Director Lakeview Hospital Via email only: jon.t.muller@lakeview.org Mr. Joe Kohlmann, City Administrator City of Stillwater Via email only: johlmann@ci.stillwater.mn.us While I have discussed this concept with each of you personally, our City does now extend that formal invitation to participate in a "STUDY". Please review the following concepts: A Really Short Background In early 2022, the Members of Bayport - Fire Services Agreement received information from the City of Bayport that it has concerns regarding various elements of the current Agreement and that it was seeking to discuss possible amendments including financial adjustments. The City of Oak Park Heights Council — like your community - was not wholly adverse to discussions about amendments. However, our particular City's desire has been that these be facilitated by a third -party and that such discussion should be inclusive of many options and alternatives. Our ultimate goal, like yours - is to ensure certain emergency services remain viable and fiscally possible for all partners. Proposal Accordingly, as I have shared with you verbally, the City of Oak Park Heights proposes that our joint - Members and integral partners of Lakeview Ambulance and the City of Stillwater engage in such an exploration via a STUDY of alternatives, services and options about these matters. To move this forward, our City plans to issue an Request for Proposals to various firms that are capable to facilitate these discussions and implement such a study to helping to define concerns, evaluate options for long term financial stability and enabling the provision of services for our communities. From our perspective, such as study/effort is not meant to be an directed analysis of the current BFD — rather how do the parties carry forward, what services are needed both individually and collectively, who can deliver them, what partnerships are viable? All that said, such as study is only viable if all there is committed participation in the process by all of us. Costs and Timing To facilitate that participation, as this Study which will carry a financial burden, the City of Oak Park Heights is willing to financially cover such costs and we expected to be in the $30,000 range; however what we seek or can offer at this time: 1. That your City/Town or Entity earnestly participate in the expected discussions and the we kindly request providing a short letter committing to participate — please send to my attention not later than May I01h. 2. We too are unsure what that participation exactly means — but likely will include workshops, interviews, and some assembling of data for any selected firm. The above mentioned RFP is hoped to be issued on or about May 19', 2023. The City would ask that you provide any specific criteria you wish to have included in the RFP; And, as the document evolves prior to issuance — we will seek additional input and feedback. We do not have all the answers as to what should or should not be in the RFP, but one key element may be , "... if we were all starting over today.. what would be those needed services, who can provide them and what might those partnerships look like"? 4. We understand that there may be a desire to financially participate so as to more proactively demonstrate some direct input over the scope and process — versus it being "controlled" by Oak Park Heights. Oak Park Heights would offer that your community is welcome to offer a figure that it may deem reasonable. Our City's position is that it would not change the elements of the study. A caveat... I can think of.... is that if a Member's ask for a specific element to be added in the RFP that would not be reasonably expected that it be prepared to cover such costs. 5. We expect the study to take 4-6 months - give or take. What would happen at the conclusion of the process? I am not sure... but we all know that when these types of studies are completed they can sit on shelf, they can be fully or partially implement or entirely tossed. I guess we will not know until we are all done and some recommendations or action plan is defined where the parties may some find balance. I would reasonably expect however that choices in the end may not necessarily be comfortable. The process too.. may not be comfortable for any of us, but let's be positive on the front end and see what happens! What if we all do nothing? Well, we all know the current agreement rolls on through December 2029 and each party will jockey between now and then to have a plan in place for their community come that deadline. What would that look like? I am not sure... but each of us can envision a few scenarios. Please let me know if you have any questions and again, if your entity can provide a short letter affirming participation it would be greatly appreciated. Sincerely 40 Eric Johnson City Administrator 1 Water _1 THE BIRTHPLACE OF MINNES O T A DATE: May 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: City Code Revisions Workshop BACKGROUND This is the final discussion on the City Code revisions. During the first workshop in March, we covered portions of the Administration and Business chapters. In the second workshop in April, we discussed Animals and Offenses Against Public Safety. Now, we will be reviewing the remainder of the Code to discuss Parks & Rec, Streets, Traffic, Utilities, Building & Construction as well as a few revisions to the Subdivision Regulations and Zoning. If we have time, we will dive into Food Trucks again. DISCUSSION The City Clerk and I met with the City Engineer/Public Works Director, Parks & Recreation, the Building Official, the Police Chief, and Community Development to discuss the remaining sections of the Code. Many of the revisions we made were to move certain sections to more logical chapters of the Code. For example, Emergency Management was moved to Ch. 2 (Administration), Fire Prevention was moved to Ch. 30 (Building & Construction), Solid Waste and Recycling was moved to Ch. 28 (Environment) and Park Dedication Fees were moved to Ch. 32 (the Subdivision Regulations). Chanter 18 — Parks and Recreation In this Chapter, we worked with the Park & Rec. staff to simplify and update the hours and rules in various parks. In addition, we deleted any references to the "Stillwater Port Authority" which Stillwater had at one time but was repealed. Chapter 20 — Streets There is always a question about who is responsible to care for the boulevard trees that are planted in the ROW by the City. While the City planted the tree, the owner owns the property to the center of the roadway (in most cases) therefore, the tree was a gift to the property. We clarified with this revision that boulevard trees are the responsibility of the property owner with the following language: Trees planted in public rights -of -way are the responsibility of the owner of the property upon which the tree is planted. All maintenance tasks, including but not limited to, watering, mulching, fertilizing, removal, trimming for reasons other than street and sidewalk clearance, and any form of chemical treatment are the sole responsibility of the owner of the property upon which the tree is planted. As with any tree, whether planted by the City or the property owner, if that tree becomes a nuisance by overhanging the road, the City can cut off any offending branches. Similarly, if the roots of a tree are damaging sidewalks, the City has the right to cut down the tree. Chaoter 22 — Traffic Generally, we cleaned up this section to remove crimes covered in state law. However, there are two significant sections that require discussion. Self -Propelled Devices: You may recall that we attempted to introduce a new ordinance that removed the strict prohibition on skateboarding in the downtown, but instead, emphasized that the Council could prohibit skateboarding anywhere by resolution. We offer the identical amendment again. (*Attached). To be clear, this is the language in the current Code which has been omitted from the proposed revision: "The operation of all self-propelled devices within the following described part of the CA -Business District is prohibited: "Beginning at the intersection of an extension of Laurel Street and the St. Croix River; thence west along the north line of Laurel Street to the west line of Third Street (including those sections of Laurel Street that remain undeveloped); thence south along the north line of Third Street to the south line of Oak Street; thence easterly along the south line of Oak Street and an extension thereof to the west line of Second Street; thence southerly along the west line of East Pine Street; thence easterly along the north line of East Pine Street and an extension thereof to the St. Croix River." Please discuss and provide direction. Front Yard Parking: Staff strongly believes that the City should prohibit parking in the front yard. While we recognize that there may be a few situations in which property owners have no street frontage and little or no driveway, we still support an overall prohibition on front -yard parking in order to clean up the appearance of the neighborhoods. Current language reads: Private property; owner permission required. No person may park or permit any vehicle to stand upon any public or private property that is sodded or landscaped and is maintained as a boulevard or open yard space adjacent to a street, highway or parking lot, except with the permission of the owner of the property. Proposed language: Private property. No person may park or permit any vehicle to stand in the front yard of any public or private property that is sodded or landscaped or is maintained as a boulevard or open yard space adjacent to a street, highway or parking lot. Please discuss and provide direction. Chapter 24 — Utilities Working with the Public Works Director on language changes, we clarified that a private water line is defined from the water main to the building, added sections on water meter testing, failures and valve installation, clarified that a water connection is required when the property is sold as long as both sewer and water are available to the property and added SAC And WAC requirements. Chapter 30 — Building & Construction In agreement with the Building Official, we removed unnecessary references to State Laws and Codes, moved all fees to the Fee Resolution/Ordinance and put all construction -related ordinances here, such as swimming pools, driveways, grading, and moving buildings, which were scattered throughout the Zoning Ordinance. Chapter 32 — Subdivision Regulations While a complete revision is coming later in 2023 or in 2024, we are introducing a new Park Dedication ordinance (*Attached) to better align with the current law. While the use of formulas to evaluate park dedication fees has been an acceptable practice for years, there is recent caselaw that requires an individual evaluation of each project to determine the impact of the development or project on a city's park system. To that end, we have prepared an ordinance that uses both a formula and provides language to give the flexibility to apply other factors to determine the appropriate amount of park dedication fees. For example, a 100-unit market rate apartment building will not have the same impact on the parks system as a 100-unit assisted living facility. Chapter 34 — Zoning While a complete revision is coming in 2024, we made minor terminology and definition changes. We removed all references to Special Use Permits as the statutory term is "conditional use permit," we fixed the zoning charts to attempt to avoid contradictions and ambiguity, and we added a process for Site Plan Review for new or redeveloped sites. (*Attached). An important note is that we eliminated the parking deficiency tax. The Zoning Ordinance will require Planning Commission review and a public hearing prior to adoption of any changes. 3 Revisiting Food Trucks At the last meeting, it was determined that further discussion was needed for Food Trucks. Currently the following requirements apply to all food trucks: • An annual City permit is required • It is only allowed in the CBD District • It is only allowed on private property, (there is an exception for special events) • It cannot take up required parking stalls needed for the primary use • it must close by 2.30 a.m. • If it is going to be there for more than 20 hours, HPC must review and approve the exterior design • A County health permit is required. Staff previously proposed the following language to add clarification on seasonal food vending: (a) When and where allowed; permit required. Seasonal food vending is allowed by annual permit from May 1 through October 31, only on private property as an accessory use within the CBD zoning district, subject to the requirements of this subdivision. No seasonal food vending permits will be issued for operation on public property or public rights -of -way. (b) Exception. For purposes of this subdivision, "seasonal food vending" does not include food vending for events. Issues to discuss: • Should they be able to remain in one spot from May — October without moving? • Should they be allowed on private property anywhere in the City? • Should they be allowed on private property for any type of business? Existing examples: Lift Bridge Brewery: They have an SUP to allow food trucks if associated with a City - approved special event. (*Attached) They are authorized to have food trucks with official special events, but not with random private events. Leo's: They have a Design Permit for a food vendor on their patio. They are legal. ACTION REQUESTED Review and discuss the aforementioned ordinances and provide direction to City Staff as to any changes so that these changes can be incorporated in the final revisions. There is a public hearing on the Zoning Ordinance and Subdivision Regulations before the Planning Commission in May. We are intending to have our final revisions to the Codifier in June. Once the final revisions are made and reviewed, we will present the entire Code to the Council for official adoption later this fall. 0 ATTACHMENTS Self Propelled Devices Parkland Dedication Site Plan Lift Bridge SUP ATTACHMENTS Sec. _-_. Self-propelled devices. Subd. 1 Self-propelled devices. The term "self-propelled device" means a non -motorized platform, footboard, ski -like device, shoe, boot, or similar object mounted on wheels and designed and intended to propel the rider by human power or force or by gravity, including, but not limited to: skateboards, roller skis, scooters, roller skates and in -line skates. The definition does not include wheelchairs, bicycles, wagons or strollers. (same) Subd. 2 Regulations. (1) Persons shall ride self-propelled devices upon a public street, highway or sidewalk in such a manner that does not endanger or would be likely to endanger other persons or property, or wherever it is prohibited by signs, whether on public or private property. All riders must slow to a speed that is reasonable for conditions of traffic, be able to stop if necessary and yield the right-of-way to any pedestrians. Riders must yield to motor vehicles when crossing roadways. (same) (2) No person may attach a self-propelled device to any motor vehicle. (same) (3) Persons using self-propelled devices may not obstruct any public property by placing any building materials, carriages, carts, boxes, lumber, firewood, posts or rails or any other materials or substances whatsoever to be used as ramps or guides for other skateboards or other self-propelled devices. (same) (4) Use of a self-propelled device is prohibited on private property of another without the written permission of the property owner, which shall be provided to law enforcement upon request. (simplified) (5) The city council may prohibit the operation of self-propelled devices within certain areas of the city by resolution, if recommended by the police chief in order to protect the public health, safety and welfare of the citizens. ARTICLE _ PARK LAND DEDICATION REQUIREMENTS Sec. - . Land dedication or cash contribution Subd. 1. Authority. Pursuant to Minnesota Statute 462.358, subd. 2(b), the City has authority to require a reasonable portion of the buildable land of any proposed subdivision be dedicated to the public or preserved for public use, including parks, recreational facilities, playgrounds, trails, wetlands, and public open space. In the alternative, the City may choose to accept a cash fee for some or all of the value of the dedication. Lei Subd. 2. Purpose. The City recognizes that the preservation and creation of parks, recreational facilities, playgrounds, trails, wetlands, and public open space is essential to maintaining a healthful, safe and desirable community. The City must not only provide these necessary facilities for the citizens of today, but also for the future needs of the City as described in the Comprehensive Plan and the Parks, Trails and Open Space Master Plan. It is recognized that the demand for park, recreational facilities, playground, trails, and public open space within a municipality is directly relate to the density and intensity of development permitted and allowed within any area. Greater densities mean greater numbers of people and higher demands for such public amenities. Subd. 3. Basis. The City shall conduct an individualized determination of the amount of land needed for the purposes set forth in this Chapter and shall demonstrate an essential nexus between the land dedication or cash fee, and the purpose sought to be achieved. The dedication or fee shall bear a rough proportionality to the need created by the proposed subdivision. Sec. - . Dedication of land The amount of land to be dedicated under this section will generally follow the schedules below, however the total amount required for dedication may increase or decrease based on the City's basis analysis. The City alone shall determine the location and configuration of any land dedicated, taking into consideration the suitability of the land for its intended purpose and the City's needs for park, playground, trail, or public open space. All land dedication determinations shall be based on the net area of the property. The "net area" of the property shall be the gross area of the property minus the area of wetlands, lakes, and streams below the ordinary high-water mark. The land dedicated for public use shall be in addition to property dedicated for streets, alleys, easements, storm water ponding, or other public ways. Subd. 1. Residential Property. UNITS PER ACRE ESTIMATED PERCENTAGE OF NET AREA 0-1.9 units 10% 2.0-3.5 units 11% 3.6-5.9 units 12% 6-10 units 13% 10+ units Additional .5% for each unit over 10 Non -Residential 7.5% of net developable land area Subd. 2. Mixed Use Property. Land contributions shall generally follow the percentages above and shall be based on the amount of land and number of units designated to residential use and the amount of land designated to non-residential uses. Sec. - . Cash contribution. At the City Council's sole discretion, a cash contribution may be accepted in whole or in part for the required land dedication under this Chapter. The park land dedication fee guidelines shall be determined by the City Council on an individualized basis. The amounts included in the City's fee schedule are for use as a general guideline. 7 Subd. 1. Mixed Use Developments. Cash contributions shall be based on the amount of land and number of units designated to residential use and the amount of land designated to non-residential uses. Subd. 2. Timing of payment. Cash contributions shall be paid prior to the release of the final plat or subdivision approval. Subd. 3. Use of payments. Cash payments received under this Section shall be placed in a special fund to be used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or public open space based on the City's approved park systems plan. Subd. 4. Determining the amount of a Cash contribution or combination cash and land contribution. In the event the contribution is cash or a combination of cash and land, the City will first determine the total land dedication required pursuant to the basis analysis and then convert that total land dedication to its fair market value pursuant to Minnesota Statute § 462.358, subd. 2b(c). Once the total conversion from land to cash is determined, the fair market value of the land actually dedicated, if any, shall be subtracted and the remainder shall be the amount due in cash. Sec. _-_. Disputes and appeals. Any disputes or appeals arising under this Chapter regarding park land dedication shall be resolved pursuant to the requirements of Minnesota Statute § 462.358. Sec _-_. Site plan review. Subd. 1. Pre -application sketch review process. (1) Prior to the submission of a site plan application, potential applicants may present a sketch to the Community Development Director. The sketch may be conceptual and may include the following related materials: (a) A scale drawing of the proposed site with reference to existing development within two hundred (200) feet of adjacent properties. (b) General location of proposed structures. (c) Tentative street arrangements, both public and private. (d) Amenities to be provided such as recreational areas, open space, walkways, etc. (e) General location of parking areas. (f) Proposed public sanitary sewer, water and storm drainage. (g) A statement showing the proposed density of the project with the method of calculating said density also shown. (h) Topographic contours at two -foot intervals. (i) Wetland delineation. (j) Proposed general schedule of development. (k) Information on the proposed developer. (1) Other information or materials useful in reviewing the sketch. (m) Letter of concurrence from landowner. L:3 (2) Requests for pre -application sketch review shall be submitted to the Community Development Director. The sketch shall be accompanied by a fee and a cash escrow as set forth in City Code Section . The sketch shall also be accompanied by written and graphic materials, the number, size, and format as prescribed by the Community Development Director, describing the proposed change, development, or use. The application shall be considered officially submitted and complete when the applicant has complied with all the specified information requirements. (3) The Community Development Director shall review the sketch and provide informal comments. The Community Development Director shall have the prerogative and authority to refer the sketch to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions or comments provided on the sketch by the Community Development Director, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision. Subd. 2. Formal application site plan review. Procedures. The procedure for site plan review is as follows: (1) The property owner or the owner's agent shall meet with the Community Development Director to be advised of the procedures and obtain an application form. (2) The applicant shall file the completed application form together with the required exhibits and fees pursuant to City Code Section with the Community Development Director. (3) The Community Development Director shall submit the application to the Planning Commission for its review, comment and recommendation to the City Council. (4) The City Council shall, after receipt of the report of the Planning Commission, either approve or deny the application, within the timeframe established by Minn. Stat. §15.99. (5) The City Council may impose such restrictions or conditions as may be necessary to comply with the standards established by this Title, or to reduce or minimize the impacts upon other properties in the neighborhood and to better carry out the intent of the Comprehensive Plan and the Zoning Code. Any condition must be directly related to and must bear a rough proportionality to the impact created by the application. Subd. 3. Exempt from site plan review. Except in those cases specifically cited within this Section, the following shall be excepted from the requirements of this Section and shall be processed through the building permit review process: (1) Single-family dwellings and accessory structures; (2) Recreational structures and buildings in public parks. Subd. 4. Required site plan application information and materials. The following information and materials shall be required for the application: (1) A complete application form signed by all property owners. 9 (2) All required fees and escrows. (3) A statement identifying all property owners of all land included within the proposal obtained from Washington County or a title or abstract company. (4) Accurate and to -scale development plans for the project area, the number of which to be provided as indicated on the application form, including the following minimum information: (a) North point and graphic engineering scale. (b) Location map showing relationship to street system and surrounding development. (c) Date of preparation and revision date(s). (d) Boundary line survey, including measured distances and angles which shall be tied to the nearest corner or section corner by traverse. (e) Existing and proposed right-of-way widths and names of proposed streets. (f) Site statistics including: i. Gross site acreage/minimum lot size in the zoning district. ii. Total stormwater management acreage. iii. Any wetland impact area and wetland replacement area. iv. Percent green space. v. Net density. vi. Existing, proposed and required parking. (g) Locations of rights -of -way, driveways, parks and public lands, permanent buildings and structures, easements, section and corporate lines, water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines and other significant features within the site and to a distance of two hundred feet (200') beyond the property boundary(ies). (h) Locations and dimensions for existing and/or proposed buildings or other structure(s); setbacks; walkways and bikeways; off-street parking and driveways; refuse and service areas including screening materials; loading areas and docks; any fencing including material type; and any signs. (i) Architectural renderings and specifications for exterior wall finishes and percentages proposed for all principal and accessory structures. (j) Colored site plan and elevations. (k) A utility plan showing all existing and proposed water, sanitary sewer and stormwater management utilities needed up to two hundred feet (200') beyond the project area boundary as well as pipe diameters, rim and invert elevations and pipe gradients for sanitary sewer and storm sewer mains. 10 (1) A grading plan with topographic data for two hundred feet (200') around the subject property or around major features with intervals not exceeding two feet (2') except where the horizontal contour interval is one hundred feet (100') or more in which case a one -foot vertical interval shall be shown. All proposed stormwater management facilities, roadway gradients and spot elevations on parking lots and curb lines must also be shown on the grading plan. (m) Ingress and egress to property and proposed structures thereon and with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access. (n) Screening and buffering with reference to type, dimensions and purpose. (o) Exterior lighting plans showing proposed exterior lighting and signs with reference to fixture types, height including base, glare, traffic safety, lumen levels at all property lines, and compatibility and harmony with properties in the district. (p) Landscape plan showing quantities, size, common and botanical names, mature heights and spreads, root type and locations of plants and areas of sod. (q) Stormwater management analysis, if required. (r) Sustainable design elements, if any. (s) Such other information as required by the Community Development Director. Subd. 5. Administrative approval. The site plans for certain projects, including but not limited to those types of projects listed below, may be reviewed and approved administratively by the Community Development Director or their designee in coordination with the City's other departments and any relevant regulatory agencies, however, Community Development Director may, at their discretion, refer any site plan to the Planning Commission and City Council for review: (1) Proposed minor structural additions involving either up to ten percent (10%) or less of the total existing floor area or site expansions or modifications involving ten percent (10%) or less of the total existing site area which meet all ordinance requirements may be approved by the Community Development Director prior to the building permit being issued, and shall not require Planning Commission or City Council review, subject to the following: (a) This Section shall apply to all permitted residential and nonresidential uses which are subject to the site plan approval requirements of the Zoning Code, and to those conditional uses involving commercial and industrial uses, and for which the minor structural additions or site modifications do not significantly alter or conflict with the original intent and parameters of the approved conditional use. The Community Development Director shall determine what constitutes significant change. (b) This Section shall apply in the cases of new developments which have received City Council plan approval, but for which building permits have yet to be taken; and this section shall apply to existing developments for which there are on file City Council approved site plans. 11 (c) Compliance with all ordinance requirements shall be construed to include all adopted policies and codes. (d) Unresolved disputes as to administrative application of ordinance requirements shall be referred to the Planning Commission and City Council following normal plan review and approval procedures. (e) Plans submitted for minor structural additions or minor site alterations under the terms of this section shall be the same as those required by the ordinance for site plan approval. Subd. 6. Lapse. The Site Plan approval shall lapse and become null and void if work is not commenced within 1 year of the date of approval. 12 State of Minnesota City of Stillwater In the Matter of Planning Case No. 2013-15 Owner: Lift Bridge Properties LLC City of Stillwater City Council Proceedings Order Granting a Special Use Permit The above entitled matter came to be heard before the City Council on the 4th day of June, 2013 on a request for a special use permit pursuant to the City Code for the following described property: t900 Tower Drive GEO Code:3203020430005 Legal Description: See attached Exhibit A Purpose: A special use permit for an accessory outdoor sales area associated with a taproom license. Upon motion made and duly approved by the requisite majority of the City Council, it is ordered that a special use permit be granted upon the following conditions of approval: 1. The Special Use Permit shall not become effective until after the second reading of the ordinance amendment and its publication. 2. The site shall be developed in substantial conformance with the plans dated 4/30/13 on file with the Community Development Department. 3. Signage directing customers to the overflow parking area in the Heritage Printing lot to the east must be installed. 4. Bollards must be installed every six feet along the drive aisle next to the patio, unless an alternate means of protecting the tap room customers is approved by the Public Works Director and Public Safety Departments. 5. If an event requires, and has been issued an event permit by the City, then outside vending falls under the auspices of the event permit holder. If there is no such event permit, outside food vending is not allowed. Dated this 17th day of June, 2013. -A � KvYil Bi Turnb ad, ommunity Development Director 13 1 Water _1 THE BIRTHPLACE OF MINNES 0 TA DATE: May 2, 2023 TO: Honorable Mayor and City Council FROM: Tim Gladhill, Community Development Director SUBJECT: Confirm Start Date for Downtown Parking Pay Zone BACKGROUND On April 18, 2023, the City Council approved revisions to the Downtown Parking Fee Schedule. A specific start date was not approved, but it was noted that the arrival of Credit Card Terminals would be the determining factor. The intent of this report is to discuss establishing a more formal Start Date for both the typical On Peak Season but also for consideration of extending free parking through the end of the construction of Chestnut Street Plaza. The Chestnut Street Plaza Project will include an eight (8) week closure of the intersection of Main Street and Chestnut Street. The Chestnut Street Plaza Project has been delayed due to seasonal flooding of the St. Croix River reaching Major Flood Stage. This closure is expected to last Mid -July to October. Key Schedule Milestones Milestone Timeline Original Passport Implementation Done License Plate Reader Enforcement Done Credit Card Terminals for Lots 1, 2, and Parking Ramp Done — Arrived Need to be installed in Lots 1 and 2 Passport Database Updated Done Flood Protection Berm Removed Mid May Passport Signage Ordered — End of May Lot 1 Resurfacing (closed) May Credit Card Terminals Ordered — Jul Main Street/Chestnut Street Intersection Closed Mid -July (post -Lumberjack Days) to October before Harvest Fest It should be noted that the underlying fee schedule has already been updated to $1/hour in the new Pay Zone. Whenever the Council chooses to start the Pay Zone, it will be at the new rates, not based on the old fee schedule. The City could relatively easily start the new Pay Zone for the Parking Ramp on May 1 if desired. The Parking Ramp is already fully functional. Lot 1 could be fully functional at the end of May upon completion of the lot resurfacing project and installation of the Credit Card Terminal. Lot 2 (and surrounding area) could be fully functional at the end of May upon removal of the flood mitigation measures and installation of the Credit Card Terminal. Also, it seems reasonable that based on lead times and supply chains, that the soonest the City will be able to go fully live (mobile pay + credit card terminal) with the new Pay Zone would be July 1, 2023. That will coincide relatively close to the Main Street/Chestnut Street Intersection Closure. • Does the City Council want to delay the start of the new Pay Zone%ontinue free parking until Mid -October due to current flooding impacts and upcoming road closures? A reminder that not only is the City expanding the geographic area of the Pay Zone, it is also removing the Off -Peak Season and charging year-round. Additionally, the City plans to better utilize the Event Parking Fee for Major Events. ALTERNATIVES 1. Begin Pay Zone (with new Fee Schedule) on May 1 per standard On Peak Date (Passport Mobile Pay available; limited Credit Card Terminals available) 2. Begin Pay Zone on July 1 to coincide with Credit Card Terminal Availability 3. Begin Pay Zone in Mid -October to account for Main Street Closure ACTION REQUESTED Motion to establish as the Start Date for Downtown Parking Pay Zone l 1,1warer 216 4ch Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES April 18, 2023 SPECIAL MEETING 4:30 P.M. Mayor Kozlowski called the special meeting to order at 4:33 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Clerk Wolf Fire Chief Glaser Finance Director Provos Police Chief Mueller Public Works Director Sanders Human Resources Director Robole Facilities Manager Greiner Rec Center Manager Brady Long -Range Financial Plan City Administrator Kohlmann presented a report on tax related projections for capital improvements, the General Fund Operating Budget, and additional staffing levels. He reviewed 10-year projections for capital borrowing and resultant levy percentage change over the next 10 years, using the projected City tax impacts on a $400,000 homeowner. He then discussed the steps going forward over the next 10 years: Recreation Center Capital Expenditures and Fund review; Parking Fund review and analysis; refine scheduling for facility improvements; decision making within the context of the holistic financial impact; debt analysis and review. Mayor Kozlowski noted that incremental property tax increases are more easily accepted by taxpayers than big swings. He and Councilmembers commended staff on the report showing that the City can handle the needs that absolutely must be taken care of. Councilmember Polehna stated he would like to see projects prioritized in case something happens to legislative funding. Councilmember Odebrecht suggested doing communication planning around the data in the report, and Councilmember Junker suggested including an article in the newsletter that shows the City is working diligently on the long range plan. Mayor Kozlowski added that taxpayers should know the City is faced with millions of dollars' worth of infrastructure -critical projects, and here is what the yearly increases will look like in order to address all the critical needs over the next 10 years. RECESS Mayor Kozlowski recessed the meeting at 5:17 p.m. City Council Meeting April 18, 2023 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:03 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 (via Zoom) Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Planning Manager Robinson PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Stillwater Police Department Oath of Duty Presentation - Captain Hunter Julien Police Chief Mueller gave the oath and Captain Julien's son Jacob pinned on his badge. Proclamation - International Foreign Exchange Students Day Mayor Kozlowski and Councilmember Odebrecht read a proclamation designating April 19, 2023 International Exchange Student Day, and exchange students introduced themselves. Recycling "Know Before You Throw" Coloring Contest Presentation of Winners Mayor Kozlowski and City Clerk Wolf congratulated winners of the Coloring Contest. Proclamation - Arbor Day April 28 Mayor Kozlowski read a proclamation designating April 28 Arbor Day. OPEN FORUM There were no public comments. STAFF REPORTS Public Works Director Sanders updated the Council on flood protection and the Chestnut Street Plaza project. He announced Chad Rogness is the new Public Works Superintendent. Police Chief Mueller updated the Council on department activities and shared that Sergeant Dan Young received a meritorious service award. Fire Chief Glaser announced Severe Weather Awareness Week and siren testing on Thursday; fire season is starting and burn permits are required. Finance Director Provos gave a new software update. Page 2 of 7 City Council Meeting April 18, 2023 Community Development Director Gladhill clarified downtown parking items on the agenda, and updated the Council on the Dock Cafe food truck permit, Rocket Car Wash and other projects. City Clerk Wolf recapped the Charter Commission meeting. City Attorney Land gave a legislative session update. City Administrator Kohlmann reminded the Council of the Strategic Planning meeting May 18. The City's annual report will be coming soon. CONSENT AGENDA April 4, 2023 Workshop and Regular Meeting Minutes Payment of Bills 2023 Group Medicare Insurance Reimbursement - Resolution 2023-058 Downtown Parking District Pay Zones Expansion - Resolution 2023-059 Hwy 36 Boundary Detachment - Resolution 2023-060 Max ToDo Marine Services Lease Agreement - Resolution 2023-061 National Opioids Settlement Participation - Resolution 2023-062 Parking Ramp Agreement for Structure Study Retail Sale of Fireworks Permit for Target St. Croix Valley Recreation Center Agreement for Financial Proforma Stillwater School Zone Speed Study Agreement for Engineering Services Strategic Planning Consultant Approval Temporary Construction Easement for Chapel Hill Flats (Landucci) Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses - Resolution 2023-064 Tower Drive Water Tower Painting Project Agreement for Engineering Services Councilmember Junker requested the Temporary Construction Easement for Chapel Hill Flats be pulled from the Consent Agenda. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt the Consent Agenda as amended. All in favor. Councilmember Junker stated he noticed there are jersey barriers already at the site blocking off City owned parking spots and he thought this was premature. City Attorney Land explained the City set a termination date of November 2024 for this easement and the developer expects that is how long he will need the easement. The City acknowledges the project will eliminate its ability to use part of that parking lot because the developer owns part of the land. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adopt Resolution 2023-063, Approve Temporary Construction Easement Related to Chapel Hill Flats Project (Landucci) at 107 3rd Street North. Motion passed 4-1 with Councilmember Junker voting nay. Page 3 of 7 City Council Meeting April 18, 2023 PUBLIC HEARINGS Case 2023-07 to consider an appeal to Planning Commission denial for a Preliminary Plat and Final Plat to create one lot and a Conditional Use Permit to allow a Car Wash at 2001 Washington Avenue - Postponed to May 2, 2023 Council Meeting Case 2023-05 to consider an appeal to Planning Commission conditions of approval for Interim Use permit for a food truck located at 425 Nelson Street East - Withdrawn by applicant UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Demolition Permit for 320 2nd Street North Community Development Director Gladhill stated that the Heritage Preservation Commission (HPC) recommended denial of the demolition permit on March 15, 2023 and forwarded the case to the City Council. The applicants, Pat and Amy Estenson, are seeking approval of demolition of a pre-1946 structure located at 320 2nd Street North. He explained the required findings to support denial of the demolition permit. This is one of two remaining pre -Civil War structures of this style. Pat Estenson, applicant, gave background on the proposed project. He provided information on the engineer's experience and credentials, and emphasized that they have followed the City process at the direction of City staff. Mayor Kozlowski asked what happened to the second -opinion engineer the City was supposed to hire to determine if the structure could be saved or if it is possible to remodel the house without demolishing the original portion; and Planning Manager Robinson explained she reached out to three firms with a variety of experience in historic preservation and all declined to evaluate the report because it is typical for one engineer to not be able to verify the work of another engineer. Therefore staff relied on the expertise of the City's Building Official. Community Development Director Gladhill explained the demolition ordinance was revised in 2020 removing the requirement that before allowing demolition, the City must engage an engineering study. Councilmember Junker asked, was the task to question Dr. Perko's engineering study or to give another independent study of the structure; and Ms. Robinson answered that she reached out and was asking, based on the study, if those engineers thought that the information and conclusions were sound and all of them declined. City Attorney Land explained that previously, there was a very cumbersome process for demolition permits which required the City to undertake a study. In 2020 that condition was removed and replaced with criteria for the HPC and the Council to consider when reviewing demolition permits. If it meets the criteria for demolition, the HPC would approve it; they do not feel that it does in this case. Mayor Kozlowski stated in cases like this, he would like to have the option to have an independent study done. Page 4 of 7 City Council Meeting April 18, 2023 Councilmember Junker expressed great respect for Mr. Estenson and his due diligence with this. In defense of the HPC, the demolition permits are the most difficult cases. Mayor Kozlowski asked how the applicants feel about partial demolition. Mr. Estenson replied he does not know what would be left of the house after being resided, hiding historic 2 x 4s between sheetrock, and re -situated on the lot on a new foundation, because a lot of water runs through the site. It would no longer be a 16 x 24' structure and the visual of the original would be lost. A local builder did an estimate for fixing everything, looking at saving the original structure and trying to figure out where the house could go on the site and he could not figure that out. Richard McDonough, realtor who has been selling houses in Stillwater for 32 years, stated he has seen houses where demolition permits are denied. They become truly decrepit and then are torn down. He does not think the HPC or the Council are serving the constituents by denying this demolition permit based on the condition of the house. It literally has a stream running through it and is functionally obsolete. Councilmember Polehna asked how does a person going down the street know this is a pre - Civil War house with all the additions onto it? What is being preserved; and Mr. Gladhill answered the code says to preserve any pre-1946 structures. The North Hill Neighborhood Study and the historic preservation goals say to try to preserve them even if they are not up to modern standards. Councilmember Collins commented this is one of two remaining structures of this style and this era, that signifies that this case is indeed about preservation - a house that was built the same year that Minnesota became the 32nd State in the Union and when James Buchanan was president of the U.S. The building official says the house is useable and has no major life, health or safety concerns, and that is who he is going to side with. Mr. Estenson questioned use of the word "rare" in the North Hill Study statement that this is one of two rare early vernacular homes. The neighborhood has more vernacular homes that were pre-1946. It is difficult, by just looking at the foundation, to determine its stability because it was plastered over. Some of the foundations do not go down below the frost line. Councilmember Odebrecht stated he appreciates all the homeowner's work with the City. He encouraged the applicant to come back with a proposal for partial demolition based on the Building Official's pronouncement it is livable. Councilmember Junker stated if a structure is literally crumbling, that's one thing. He has a hard time even thinking of tearing down these older houses. Mayor Kozlowski encouraged staff to expedite the process if an application for partial demolition comes back, adding that he needs assurance that a partial demolition and remodel is feasible. Mr. Estenson reiterated this is where they want to make their home. Regarding a partial teardown, if the house must be moved off its foundation, he does not know where it would be stored. If moved to another location it should be restored, not mothballed behind a chain link fence. Page 5 of 7 City Council Meeting April 18, 2023 Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt Resolution 2023-065, Resolution Adopting Findings for Denial for a Demolition of a Pre-1946 Structure in the Neighborhood Conservation District for 320 2nd Street North. All in favor. Union Alley Traffic and Parking Changes Public Works Director Sanders informed the Council that with the new construction of the apartment building at 200 Chestnut, staff proposes parking and traffic changes for Union Alley: 1) switch the one way traffic between Myrtle and Chestnut from northbound to southbound for fewer delays and less stacking; and 2) eliminate parking on the west side of Union Alley. Council consensus was to switch the one-way direction on Union Alley, eliminate parking from Myrtle to the garage entrance, and have no parking on the west side during the winter. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2023-066, Authorizing Traffic and Parking Changes on Union Alley. All in favor. COUNCIL REQUEST ITEMS Resolution Request Councilmember Odebrecht stated he was informed today about amendments that are going into the omnibus architecture housing and broadband bill up for a vote tomorrow, which would be very detrimental to Stillwater. He drafted a resolution regarding this. Motion by Mayor Kozlowski, seconded by Councilmember Odebrecht, to adopt Resolution 2023-067, Resolution in Support of Local Zoning Authority and Opposing Preemptive Amendments A37, A43, and A45. All in favor. ADJOURNMENT Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 9:16 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2023-058, Approving 2023 Group Medicare Insurance Reimbursement Resolution 2023-059, Resolution Amending Resolution 2022-172 to Repeal and Replace Fees for Downtown Parking Resolution 2023-060, A Joint Resolution Requesting Concurrent Detachment from Stillwater and Annexation into Oak Park Heights of Certain Lands Pursuant to Minnesota Statutes Section 414.061 Resolution 2023-061, A Resolution Approving Lease Agreement with Max Todo Marine Services, Inc. Page 6 of 7 City Council Meeting April 18, 2023 Resolution 2023-062, Resolution Approving the Memorandum of Agreement, the Distributor Subdivision Settlement Participation Form and the Janssen Subdivision Settlement Participation Form in Order to Participate in the National Opioid Settlement Resolution 2023-063, Approve Temporary Construction Easement Related to Chapel Hill Flats Project (Landucci) at 107 3rd Street North Resolution 2023-064, Approving Issuance of New Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses Resolution 2023-065, Resolution Adopting Findings for Denial for a Demolition of a Pre-1946 Structure in the Neighborhood Conservation District for 320 2nd Street North Resolution 2023-066, Authorizing Traffic and Parking Changes on Union Alley Resolution 2023-067, Resolution in Support of Local Zoning Authority and Opposing Preemptive Amendments A37, A43, and A45 Page 7 of 7 Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Snacks for concessions 497.85 Abbott Paint Supplies 27.35 Advance Auto Parts Repair supplies 1,207.22 Advanced Systems Integration Training room AV update 15,593.72 Alert 360 Alarm Monitoring Services 110.37 Ammonia House Inc. Equipment repair supplies 1,537.27 Animal Humane Society Pound charges 642.00 Aramark Embroidery 12.98 Arrow Sports Group Concession supplies 460.23 AT&T Mobility 8509 Cell Phone 89.82 Baker Tilly Municipal Advisors Long range financial plan 11,460.00 BCA Training Training 125.00 Board Christl J Refund of license 115.00 Bolton & Menk Inc. 72nd St Road & Trail 2,980.00 Bro-Tex Inc. New Turkish 76.50 Canteen Refreshment Services Concession supplies 303.64 Century Power Equipment Knob 19.71 Certified Crime Fighter Subscription 1,848.00 Cintas Corp - Medical First Aid Supplies 148.26 Cintas Corporation Uniforms mats and towels 250.91 Civic Systems Civic Software 66,200.00 Clifton LarsonAllen LLP Audit 14,956.20 Coca-Cola Distribution Beverages for concessions 699.32 Cole Papers Supplies 173.99 Corval Constructors Zamboni boiler repair 456.00 Crysteel Truck Equip Equipment repair supplies 963.05 David Hardware Inc Sexbolt set 60.00 Doyle Kristin Refund of Park Fees 100.00 ECM Publishers Publications 183.50 Emergency Automotive Equipment for new squad 5,167.07 Emergency Medical Products Suction units and supplies 184.56 Eng Michael Reimburse for mileage to classes 71.40 Ferguson Waterworks #2518 Parts 1,581.11 FleetPride Tandem dump parts 3,336.04 Frontier Precision Inc. Robotic total station 1,584.00 Fury Motors Vehicle repair 560.00 Golden Expert Services Janitor Service 4,000.00 Grainger Tools 536.37 Granicus Inc Qtrly web streaming service 9,257.61 Greiner Michael Reimburse for boiler license renewal 60.00 Guardian Supply Uniforms 1,333.84 Holiday Circle K - Wex Bank Fuel 366.07 Huebsch Service Mat cleaning service 729.32 IIMC Membership 185.00 Jefferson Fire and Safety Inc. Class A Foam 966.00 League of MN Cities Respect@Work 45.00 Legacy Production Group Game day experience lighting - South Rink 30,766.59 Linde Gas & Equipment Cylinders 66.50 Page 2 Lindstrom Solar LLC Solar Energy 6,453.16 Lockridge Grindal Nauen PLLP Labor Relations 3,333.33 Loffler Companies Ingate annual support subscription 461.75 Maaske Mat Refund of Park Fees 100.00 Mansfield Oil Company Fuel 15,821.40 Menards Supplies 2,614.83 Metro Cities Membership 7,039.00 Midwest Machinery Co Small tractor part 26.09 Miller Excavating Gran fill gravel & rock delivered 147,401.68 MN Chiefs of Police Assoc. Leadership Academy 1,475.00 MN Dept of Transportation Traffic signal maint 832.51 Nardini Fire Equipment Inspection 458.00 New Horizons MN Exam 350.00 Northern Tool - White Bear Lake Impact wrench kit 499.00 ODP Business Solutions Office supplies 238.20 Olson Patrick Allen Shadow box 520.00 O'Neill Electric Lighting contactor replacement 8,176.00 Otis Elevator Company Elevator contract 6,346.11 Pepsi Beverages Company Beverages for concessions 308.42 Performance Plus LLC Medical exam 403.00 Pro-Tec Design Panic bar repair 178.50 Prudent Publishing Correspondence note cards set 58.26 Pullen Annette Marie Therapy 110.00 Quality Propane Inc. Propane 458.89 Quill Corporation Office supplies 149.17 Reliance Electric Motors Bearing repair for motor 529.81 Riedell Shoes Inc. Skates 228.60 Ries Farms LLC Dirt disposal 1,657.60 Robole Donna Reimburse mileage for recruitment summit 34.06 Springborn Heating & Air Conditioning Fixed leaking exhaust pipe 132.00 St. Croix Boat and Packet Co. Arena Billings Jan - Feb 193,421.68 Stillwater Glass Inc. Replace back glass on squad 433.88 Stillwater Motor Company Vehicle repair & supplies 403.27 T.A. Schifsky and Sons Aggregate 2,457.07 TKDA Chestnut Street Civic Plaza 3,909.55 Tri-State Bobcat Equipment repair supplies 170.52 Twin Cities Dots & Pop Treats for concessions 576.00 Uline Inc Supplies 595.41 United Rentals Inc Scissor lift rental 1,419.86 Viking Auto Sprinkler Co. Annual sprinkler inspection 1,580.00 Washington County Property Records TIF Admin Fees 18,770.00 Washington County Public Works CSAH 5-CR 64 to Sycamore St W 49,337.10 Yeadon Fabric Dome Inc Anemometer 257.01 Zep Sales & Service Zep-O-Shine 171.14 Ziegler Inc. Wheel loader material handling arm 298.00 Page 3 LIBRARY A&K Construction Capital - Bldg & Grounds 40,973.00 Amazon Business Materials 152.91 Chan Karen Programs 400.00 Huebsch Service Towels & Rugs 229.74 Lentz Kristin Programs 40.00 Midwest Tape Materials 504.45 Office of MN IT Services Phone - March 148.35 Parcel Arts LLC Programs 803.00 Rosten Sarah Programs 51.46 Scholastic Inc Programs 1,218.50 ADDENDUM Xcel Energy Energy 55,218.60 TOTAL 762,029.24 Adopted by the Stillwater City Council this 2nd day of May, 2023 Mayor Ted Kozlowski Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Snacks for concessions 497.85 Abbott Paint Supplies 27.35 Advance Auto Parts Repair supplies 1,207.22 Advanced Systems Integration Training room AV update 15,593.72 Alert 360 Alarm Monitoring Services 110.37 Ammonia House Inc. Equipment repair supplies 1,537.27 Animal Humane Society Pound charges 642.00 Aramark Embroidery 12.98 Arrow Sports Group Concession supplies 460.23 AT&T Mobility 8509 Cell Phone 89.82 Baker Tilly Municipal Advisors Long range financial plan 11,460.00 BCA Training Training 125.00 Board Christl J Refund of license 115.00 Bolton & Menk Inc. 72nd St Road & Trail 2,980.00 Bro-Tex Inc. New Turkish 76.50 Canteen Refreshment Services Concession supplies 303.64 Century Power Equipment Knob 19.71 Certified Crime Fighter Subscription 1,848.00 Cintas Corp - Medical First Aid Supplies 148.26 Cintas Corporation Uniforms mats and towels 250.91 Civic Systems Civic Software 66,200.00 Clifton LarsonAllen LLP Audit 14,956.20 Coca-Cola Distribution Beverages for concessions 699.32 Cole Papers Supplies 173.99 Corval Constructors Zamboni boiler repair 456.00 Crysteel Truck Equip Equipment repair supplies 963.05 David Hardware Inc Sexbolt set 60.00 Doyle Kristin Refund of Park Fees 100.00 ECM Publishers Publications 183.50 Emergency Automotive Equipment for new squad 5,167.07 Emergency Medical Products Suction units and supplies 184.56 Eng Michael Reimburse for mileage to classes 71.40 Ferguson Waterworks #2518 Parts 1,581.11 FleetPride Tandem dump parts 3,336.04 Frontier Precision Inc. Robotic total station 1,584.00 Fury Motors Vehicle repair 560.00 Golden Expert Services Janitor Service 4,000.00 Grainger Tools 536.37 Granicus Inc Qtrly web streaming service 91257.61 Greiner Michael Reimburse for boiler license renewal 60.00 Guardian Supply Uniforms 1,333.84 Holiday Circle K - Wex Bank Fuel 366.07 Huebsch Service Mat cleaning service 729.32 IIMC Membership 185.00 Jefferson Fire and Safety Inc. Class A Foam 966.00 League of MN Cities Respect@Work 45.00 Legacy Production Group Game day experience lighting - South Rink 30,766.59 Linde Gas & Equipment Cylinders 66.50 Page 2 Lindstrom Solar LLC Solar Energy 6,453.16 Lockridge Grindal Nauen PLLP Labor Relations 3,333.33 Loffler Companies Ingate annual support subscription 461.75 Maaske Mat Refund of Park Fees 100.00 Mansfield Oil Company Fuel 15,821.40 Menards Supplies 2,614.83 Metro Cities Membership 7,039.00 Midwest Machinery Co Small tractor part 26.09 Miller Excavating Gran fill gravel & rock delivered 147,401.68 MN Chiefs of Police Assoc. Leadership Academy 1,475.00 MN Dept of Transportation Traffic signal maint 832.51 Nardini Fire Equipment Inspection 458.00 New Horizons MN Exam 350.00 Northern Tool - White Bear Lake Impact wrench kit 499.00 ODP Business Solutions Office supplies 238.20 Olson Patrick Allen Shadow box 520.00 O'Neill Electric Lighting contactor replacement 8,176.00 Otis Elevator Company Elevator contract 6,346.11 Pepsi Beverages Company Beverages for concessions 308.42 Performance Plus LLC Medical exam 403.00 Pro-Tec Design Panic bar repair 178.50 Prudent Publishing Correspondence note cards set 58.26 Pullen Annette Marie Therapy 110.00 Quality Propane Inc. Propane 458.89 Quill Corporation Office supplies 149.17 Reliance Electric Motors Bearing repair for motor 529.81 Riedell Shoes Inc. Skates 228.60 Ries Farms LLC Dirt disposal 1,657.60 Robole Donna Reimburse mileage for recruitment summit 34.06 Springborn Heating & Air Conditioning Fixed leaking exhaust pipe 132.00 St. Croix Boat and Packet Co. Arena Billings Jan - Feb 193,421.68 Stillwater Glass Inc. Replace back glass on squad 433.88 Stillwater Motor Company Vehicle repair & supplies 403.27 T.A. Schifsky and Sons Aggregate 2,457.07 TKDA Chestnut Street Civic Plaza 3,909.55 Tri-State Bobcat Equipment repair supplies 170.52 Twin Cities Dots & Pop Treats for concessions 576.00 Uline Inc Supplies 595.41 United Rentals Inc Scissor lift rental 1,419.86 Viking Auto Sprinkler Co. Annual sprinkler inspection 1,580.00 Washington County Property Records TIF Admin Fees 18,770.00 Washington County Public Works CSAH 5-CR 64 to Sycamore St W 49,337.10 Yeadon Fabric Dome Inc Anemometer 257.01 Zep Sales & Service Zep-O-Shine 171.14 Ziegler Inc. Wheel loader material handling arm 298.00 Page 3 LIBRARY A&K Construction Amazon Business Chan Karen Huebsch Service Lentz Kristin Midwest Tape Office of MN IT Services Parcel Arts LLC Rosten Sarah Scholastic Inc Capital - Bldg & Grounds 40,973.00 Materials 152.91 Programs 400.00 Towels & Rugs 229.74 Programs 40.00 Materials 504.45 Phone - March 148.35 Programs 803.00 Programs 51.46 Programs 1,218.50 1 Water -1 THE BIRTHPLACE OF MINNES O T A DATE: May 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Contract Agreement for 2023 2nd Street Pond Sediment Removal BACKGROUND The pond on the west side of 2nd Street south of Aspen St. E works as a sediment trap for the stormwater runoffs through the ravine between 4t" Street and 2nd Street, and this pond has accumulated sediment over the years. WSB surveyed and sampled this sediment and determined the amount and classification of this sediment for proper disposal. The City received two bids to do the work; 1. Arnt Construction company Inc. $19,890.00 2. Miller Excavating Inc. $22,808.55 RECOMMENDATION Staff recommends entering into an agreement with Arnt Constructing Company for work on the 2023 2nd Street pond sediment removal. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING ENTERING INTO AN AGREEMENT WITH ARNT CONSTRUCTING COMPANY FOR WORK ON THE 2023 2ND STREET POND SEDIMENT REMOVAL. �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 2nd day of May, 2023, by and between the City of Stillwater, 216 4d' Street North, Stillwater, Minnesota 55082, ("City") and Arnt Construction Company, Inc. Po Box 549, Hugo, MN 55038 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; 2nd Street Pond Sediment Removal Project NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 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 3/16/23, incorporated herein as Exhibit A; 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 of this 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 of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Reabar Abdullah to act as the City's representative with respect 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 Nicholas J. Arnt to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as 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 parry 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: If to Contractor: City of Stillwater Arnt Construction Co 216 4th Street North PO Box 549 Stillwater, MN 55082 Hugo, MN 55038 Attention: Reabar Abdullah Attention: Nicholas Amt Or e-mailed: rbdullah@ci.stillwater.mn.us Or emailed: narnt@arntco.com 3 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. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. 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. c. 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. 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 Beth Wolf, City Clerk U CONTRACTOR ARNT CONSTRUCTION CO. By: By (Please Print): Title (Please Print): Project Description: 2nd Street Pond Sediment Removal Project Ater, 1 W THE BIRTHPLACE OF MINNESOTA DATE: May 2, 2023 TO: Mayor and City Council FROM: Reabar Abdullah Assistant City Engineer RE: Award of contract for 72nd Street Improvement DISCUSSION 72nd Street between Northland Avenue and Rutherford Road is one of the last remaining gravel roads in the City and serves as connection point between the Liberty and Croixwood developments. The bid opening for the 72nd Street Improvement Project was Friday, April 28t". The City received five bids with the lowest bid in the amount of $498,747.36 submitted by Minnesota Paving & Materials, Rogers, MN, this is about 34% less than the engineer's estimate of $670,195. RECOMMENDATION Staff recommends that the City Council accept the bids submitted for the 72nd Street Improvement Project, Project 2022-04, and award the contract to Minnesota Paving & Materials. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution 2023- ACCEPTING BID AND AWARDING THE CONTRACT FOR 72nd STREET IMPROVEMENT PROJECT (PROJECT 2022-04). City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx ACCEPTING BID AND AWARDING CONTRACT FOR 72ND STREET IMPROVEMENT PROJECT (2022-04) WHEREAS, pursuant to an advertisement for bids for the 72nd Street Improvement Project, five bids were received by the City Engineer, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Minnesota Paving & Materials, Rogers, MN $ 498,747.36 T.A Schifsky, N. Saint Paul, MN $ 582,709.15 Park Construction, Minneapolis, MN $ 642,451.60 Bituminous Roadways, Mendota Heights, MN $ 651,086.65 Dresel Contracting, Inc., Chisago City, MN $ 674,491.90 Engineer's Estimate $ 670,195.00 and WHEREAS, it appears that Minnesota Paving & Materials, Rogers, MN is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized and directed to enter into a contract with Minnesota Paving & Materials Rogers, Minnesota in the name of the City of Stillwater for the improvement of streets according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. Adopted by the City Council this 2nd day of May 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk _1 water T H E B I R T H P L A C E O F M I N N E S O T A DATE: May 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Acapulco Restaurant Event Permit— Cinco de Mayo BACKGROUND The City has received an Event Application for an event open to the public fully on private property. Acapulco Restaurant is planning on hosting Cinco de Mayo event. The event is scheduled for May 5 with setup on May 4 and clean up on May 6. Additional details are in the attached Application. RECOMMENDATION Staff recommends approval of the Event Permit. Public Safety Staff will do final approvals and walk throughs. ACTION REQUESTED Motion to approve the Event Permit for Acapulco Restaurant's Cinco de Mayo Event and adopt resolution extending liquor license premise permit City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx RESOLUTION APPROVING AMENDMENT TO LIQUOR LICENSE FOR TEMPORARY OUTDOOR LICENSE PREMISE WHEREAS, a request from Acapulco of Stillwater Inc dba Acapulco Mexican Restaurant has been received to add their adjacent parking lot on the west side of their building as a temporary amendment to their on -sale liquor license premise located at 1240 Frontage Rd W; and WHEREAS, the request meets State Statute restrictions that the premises must be "compact and contiguous"; and BE IT RESOLVED, that the Stillwater City Council hereby approves the additional licensed premises located at 1240 Frontage Rd W, conditioned upon the following: 1. Approvals from the Community Development Department, Building Department, Fire Department, Police Department, Minnesota AGED and Washington County Public Health & Environment (if applicable) are received. 2. The temporary premise area must be designed for safe public seating and no cars can be parked or driving through the premise space. 3. The business must insure alcoholic beverage sales, service and consumption remain within the confines of the designated outdoor licensed premises area. 4. Hours of operation for the outdoor service in the temporary premise space shall be between the hours of 4 pm and 10 pm for their outdoor event on May 5, 2023. Adopted by the Stillwater City Council this 2nd day of May 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk _ 11vvater THE BIRTHPLACE Of M I N M E 5 C T A 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: 04-14-2023 Office Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Cinco De Mayo Fiesta Event Date/Time: Set up: Date 05/04/2023 Time 12 Pm to 5pm Actual Event: Date 05/05/2023 Time 4 pm to 10pm 05/06/2023 Clean up: Date 12 pm 5pm Time to (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) Acapulco Restaurant (Parking lot) Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) Cinco De Mayo Fiesta Live Band will play from 6-10 Food and Margaritas available for purchase under the tent. Kid Activities Estimated Attendance (participants and spectators): 100 people Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Acapulco Mexican Restaurant Mailing Address: 1240 Frontage Rd W City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Sam Leon Phone Number: Fax: Cell Phone: Email Address: Website Address: acapulcomn.com Name of contact person during event: Sam Leon Cell Phone: Alternate contact during event: Margo leon Cell Phone: Refer media or citizens inquires to: Sam Leon Phone: 651-497-0873 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 ❑X Yes ❑ Number and size: Will there be any inflatables? NO ® Yes ❑ Insurance certificate from ren tol vendor is required Will there be entertainment? No ❑ Yes Z What type: Live Band Fees for electricity may yp Generator will be provided apply see Instructions Will sound amplification be used? No ❑ Yes ❑X Hours and Type: Music will be played from 6-10 Speakers Will a stage or tent(s) be set up? No ❑ Yes ® Dimensions:12x16 Will there be temporary fencing? No ® Yes ❑ Will merchandise/food items be sold? No El Yes ® How many 1 - Acapulco Fees for electricity may vendors expected: apply see Instructions Will food be prepared on site? NO ❑ Yes ❑X Contact Washington County Health Department,651-430-6655 Will cooking operations be conducted? No ❑ Yes ® Contact Stillwater Fire Department,351-4950 Will alcohol be served but not sold? No ® Yes ❑ See Alcohol Regulations in the Instructions Will alcohol be sold? No ❑ Yes ® See Alcohol Regulations in the Instructions 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. Power Needs - Band, lighting, refrigerators Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available Social Media 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 ® Yes ❑ Start/End Time: Date: City Sidewalks or Trails No ® Yes ❑ Start/End Time: Date: Public Parking Lots or Spaces No ® Yes ❑ Start/End Time: Date: Will event need barricade(s)? No ® Yes El may apply y Number needed: Number see nsrrappl Will extra picnic tables be needed? No ® Yes ❑ Number needed: Fees may apply see Instructions Will portable restrooms be needed? No ® Yes ❑ Number needed: Fees may apply see Instructions Yes Number needed: Will extra trash receptacles be needed? No ® ❑ Fees may y apply y seelnsrryappl Describe trash removal and cleanup plan during and after event: All trash removal will be handled by staff. We have plenty of dumpsters within the property Will event need traffic control? No ® Yes ❑ Contact Stillwater Police Departmentfor assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: We will have security Will "No Parking Signs" be needed? No ® Yes ❑ Number needed: Fees may apply see Instructions Show location(s) on site map Will event need security? No ® Yes ❑ If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Private Staff and Family Will event need EMS services? No ® Yes ❑ Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: Call 911 Describe the emergency action plan if severe weather should arise: If severe weather occurs we will move the event inside the restaurant List any other pertinent information: 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" maybe 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 and is a release of Liability. 04/14/23 Signature of Applicant or Authorized Agent Date 1 Water -1 THE BIRTHPLACE OF MINNES O T A DATE: May 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Contract Agreement for 2023 Benson Park Water Fountain Project BACKGROUND Benson Park has trails, a basketball court, a beach volleyball court and two children play areas, what it does not have is a source for drinking water. A project was put together to add a water fountain in the park. The city sent requests to three contractors to provide their bids for the project, the City received one bid from Miller excavating for the sum of $17,719.77. RECOMMENDATION Staff recommends entering into an agreement with Miller excavating for work on the Benson Park Water Fountain Project. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING ENTERING INTO AN AGREEMENT WITH MILLER EXCAVATING FOR WORK ON BENSON PARK WATER FOUNTAIN PROJECT. �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 2nd day of May , 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Miller Excavating, 3741 Stagecoach Trail N, Stillwater MN 55082 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Benson Park Water Fountain Project 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 3/30/23, incorporated herein as Exhibit A; 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 of this 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 of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Reabar Abdullah to act as the City's representative with respect 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 Stephen St. Claire to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as 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 parry 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: If to Contractor: City of Stillwater Miller Excavating. 216 4th Street North 3741 Stagecoach Trail N Stillwater, MN 55082 Stillwater, MN 55082 Attention: Reabar Abdullah Attention: Stephen St. Claire Or e-mailed: rbdullah@ci.stillwater.mn.us Or emailed: mindy.hackettAmillerexc.com 3 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. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. 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. c. 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. 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 Beth Wolf, City Clerk U CONTRACTOR MILLER EXCAVATING By: By (Please Print): Title (Please Print): Project Description: Benson Park Water Fountain Project 1 water T H E B IRTHPLACE OF MINNESOTA DATE: April 28, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Boards and Commission Annual Appointments BACKGROUND Each May several commissions have members whose terms end May 1, 2022. Staff publishes the openings, applications are received and interviews are conducted if needed. RECOMMENDATION The Chair and Councilmember Representative for each respective commission have made the following recommendations: Downtown Parking Commission One seat remains unfilled. Staff will publish the opening again. Heritaae Preservation Commission Three terms ended and all three members are recommended for reappointment. Member Ward Term Term Ending Fitzie Heimdahl 1 2nd May 1, 2026 Amy Mino 1 4t" May 1, 2026 Matt Thueson 1 2nd May 1, 2026 Human Rights Commission Three terms ended and all three members are recommended for reappointment. Member Ward Term Term Ending Thomas Hollatz 1 2nd May 1, 2026 Nancy L ner 1 3rd May 1, 2026 Darbie Smith 2 1 St May 1, 2026 Joint Cable Commission The alternate seat remains unfilled. Staff will publish the opening again. Parks & Recreation Commission Two terms ended and both members are recommended for reappointment. Member Ward Term Term Ending Kristi Larson 4 1st May 1, 2026 Stephanie Souter 3 2nd May 1, 2026 Planning Commission Three terms ended and two members, John Dybvig and Susan Steinwall are recommended for reappointment. The other member Knippenberg resigned and John North whom is on the Charter Commission is recommended to fill the appointment. Staff will publish for the now vacant spot on the Charter Commission. Member Ward Term Term Ending John Dybvig 2 2nd May 1, 2026 Susan Steinwall 2 2nd May 1, 2026 Jon North 4 pt May 1, 2026 Traffic Safety Review Committee Two terms ended and both members are recommended for reappointment. Staff will continue to work on filling the one seat that was vacated last year. Member Ward Term Term Ending David Jones 4 4th May 1, 2026 Melissa Wetzel 2 2nd May 1, 2026 Utilities Commission Jon Whitcomb' term ended May 1 and Steve Speedling's terms end June 30 and both members are recommended for reappointment. Staff recommends Commissioner Speedling's term expiration date be aligned with all the other commissions on May 1. Member Ward Term Term Ending Steve Speedling 4 5th May 1, 2026 Jon Whitcomb 3 2nd May 1, 2026 ACTION REQUESTED If Council agrees with the recommendations, they should pass a motion to approve the appointments to the Heritage Preservation Commission, Human Rights Commission, Parks & Recreation Commission, Planning Commission, Traffic Safety Review Committee and the Utilities Commission. 1 Water -1 THE BIRTHPLACE OF MINNES O T A DATE: May 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Contract Agreement for Laurel Street Retaining Wall Project BACKGROUND Laurel Street Retaining Wall is deteriorating and needs to be replaced, The City requested quotes from five consulting engineering firms to design a replacement for the wall. The City received three quotes: 1. SEH Inc, $ 8,300 2. Bolton & Menk $13,800 3. TKDA $44,800 RECOMMENDATION Staff recommends entering into an agreement with SEH for designing and preparing plans and specifications for replacement retaining wall to the existing Laurel St. Wall. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING ENTERING INTO AN AGREEMENT WITH SEH INC. FOR DESIGNING AND PREPARING PLANS AND SPECIFICATIONS FOR REPLACEMENT RETAINING l (water The Birthplace of Minnesota AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 2nd day of May , 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Short Elliott Hendrickson, 3535 Vadnais Center Dr, St. Paul, MN 55110 ("Consultant"). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Services under this agreement, are generally described as: Laurel Street Retaining Wall WHEREAS, Consultant 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: SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined in the following documents: i. A proposal dated 4/11/2023, incorporated herein as Exhibit A; ii. Any other documents incorporated herein as Exhibit B b. Consultant 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. 2. PAYMENT. a. City agrees to pay and Consultant 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 Consultant 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. Consultant 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. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended only 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. 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 Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until 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. 5. SUBCONTRACTORS. Consultant 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 Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant 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. No warranty, express or implied, is made or intended by Consultant's undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant 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 Consultant 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 of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Reabar Abdullah, 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 Consultant has designated Greg Anderson to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant 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 Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. 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. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. An Umbrella or Excess Liability insurance policy may be used to supplement the Consultant's policy limits to satisfy the full policy limits required by the Contract. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant 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 General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Reabar Abdullah Or e-mailed: rabdullah(c)-ci.stillwater.mn.us If to Consultant: Short Elliott Hendrickson Inc., 3535 Vadnais Center Dr. St. Paul, MN 55110 Attention: Greg Anderson Or e-mailed: ganderson(ab-sehinc.com 14.INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant 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. c. Governinq Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. 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. e. 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. f. 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. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER M M Ted Kozlowski, Mayor Beth Wolf, City Clerk Date: N SEH By: _ Its: Date: Project Description: Laurel Street Retaining Wall �l 1water THE B I R T H PLACE OF M I N N E S O T A DATE: May 2, 2023 TO: Honorable Mayor and City Council Members FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Authorization for Removal of Stop signs at the traffic circles at the intersection of Maryknoll Dr and both Interlachen Dr, and Bayberry Ave. (Project 2021-02) DISCUSSION: Maryknoll Drive was improved as part of the 2021 Street Improvement Project and residents along Maryknoll Drive had concerns about the safety of pedestrians walking on the street, and the speed of traffic on Maryknoll Dr. A consultant (SEH) was hired at the time to do a traffic study and come up with solutions to slow down traffic, one suggestion was to install traffic circles at the intersection of Maryknoll Dr. and Interlachen Dr. (referred to as intersection 1) and the other was on the intersection of Maryknoll Dr. and Bayberry Ave. (referred to as intersection 2). The existing 4-Way stop signs on intersection 1, and the two stop signs on Bayberry Ave. approach on Intersection 2, were left in place. Over the past year staff has received many phone calls requesting the removal of these stop signs. Staff consulted with (SEH) who responded with the Following: _ "The City may remove the stop signs at all approaches of the traffic circles along Maryknoll Drive due to the understanding that the traffic circles create a yield -to -the -left behavior for motorists (similar to a roundabout control) rather than an all -way stop controlled intersection. By removing the stop signs, the control at the intersections will more closely align with the motorist's behaviors, which may improve expectations and overall safety of the intersections. Additionally, the City is recommended to follow the guidance provided in the City of Minneapolis's Street Design Guide (Chapter 3.71. This guidance shows that YIELD (R1-2) signs can be placed at each approach rather than stop signs, with a Fish-hook arrow sign in the center of the traffic circle. " Exhibit A shows example of fish-hook signs and placement on a traffic circle. Exhibit B shows the traffic Circle at the intersection of Maryknoll Drive and Interlachen Drive. RECOMMENDATION: Staff recommends that Council pass a motion authorizing the removal of the Stop signs at all approaches of the traffic circles along Maryknoll Drive and replacing them with Yield signs. ACTION REQUIRED: If Council concurs with the staff recommendation, they should pass a motion ORDERING REMOVAL OF THE STOP SIGNS AT ALL APPROCHES TO TRAFFIC CIRCLES ALONG MARYKNOLL DRIVE AND REPLACING THEM WITH YIELD SIGNS AND FISH-HOOK ARROW SIGNS (PROJECT 2021-02). Exhibit A Examples of fish-hook signs and placement on a traffic circle Optional for left -most lane r�l r Match arrows) with desired lane - use configuration r c� ONLY ONLY L I %I w ` i Exhibit B Existing Traffic circle at Maryknoll Drive and Interlachen Drive 1 Water -1 THE BIRTHPLACE OF MINNES O T A DATE: May 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Contract Agreement for Settlers Glen Development Pond Survey & Sampling BACKGROUND The ponds at Settlers Glen works as a sediment trap for the stormwater runoffs through the development and these ponds have accumulated sediment over the years. The City requested quotes from Four Consulting firms to survey and sample the sediment to determine the amount and classification of this sediment for proper disposal. He City received Four quotes: 1. Midamerica Technical & Environmental Service, Inc $4,616.00 2. WSB $7,200.00 3. SEH $13,900.00 4. SRF $17,900.00 The pond maintenance fund would fund the project. RECOMMENDATION Staff recommends entering into an agreement with Midamerica Technical & Environmental Service, Inc for work on the Survey and Sampling of Settlers Glen Ponds. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING ENTERING INTO AN AGREEMENT WITH MIDAMERICA TECHNICAL & ENVIRONMENTAL SERVICE, INC. FOR WORK ON SURVEY AND SAMPLING OF SETTLERS GLEN PONDS. l (water The Birthplace of Minnesota AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 2nd day of May, 2023, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and MidAmerica Technical & Environmental Services, 2379 Leibel Street, White Bear Lake, MN 55110 ("Consultant"). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Services under this agreement, are generally described as: 2023 Settlers Glen Ponds WHEREAS, Consultant 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 Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined in the following documents: i. A proposal dated 3/22/23, incorporated herein as Exhibit A; b. Consultant 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. 2. PAYMENT. a. City agrees to pay and Consultant 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 Consultant 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. Consultant 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. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended only 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. 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 Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until 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. 5. SUBCONTRACTORS. Consultant 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 Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant 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. No warranty, express or implied, is made or intended by Consultant's undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant 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 Consultant 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 of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Reabar Abdullah, 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 Consultant has designated Matt Hobson, to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant 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 Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. 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. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant 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 General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4tn Street North Stillwater, MN 55082 Attention: Reabar Abdullah Or e-mailed: rabdullah(ab-ci.stillwater.mn.us If to Consultant: MidAmerica Technical & Environmental Services 2379 Leibel Street White Bear Lake, MN 55110 Attention: Matt Hobson Or e-mailed: matt(a-)-midamericaenv.com 14.INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant 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. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. 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. e. 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. f. 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. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER By: Ted Kozlowski, Mayor Beth Wolf, City Clerk Date: N MIDAMERICA TECHNICAL & ENVIRONMENTAL SERVICES 3-1 Its: Date: Project Description: 2023 Settlers Glen Ponds �1 1water THE B I R T H P LACE OF M I N N E S O T A DATE: May 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Tanya Holmgren, Administrative Assistant SUBJECT: Short -Term Home Rental License Application BACKGROUND According to 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 rental and have deemed it complete for approval by the City Council. RECOMMENDATION Approval of the following Short -Term Home Rental License Application as a provisional license until the permanent fence is installed by June 1, 2023. Once the fence is installed, Staff will bring the license back to City Council for the full license. A condition of approval is that guests of the Short-term Home Rental cannot use the swimming pool unless the property owner works with Washington County for approvals for a public pool. License Address Owner/Applicant Occupancy License Number of Type Type Location Licenses Short-term 807 Harriet St S home rental ACTION REQUESTED Not Owner Outside of Nathan Jespersen Occupied Downtown 31 of 50 Area If Council concurs with the recommendation, they should pass a motion approving the above short-term home rental license application as a provisional license. �1 1water THE B I R T H P LACE OF M I N N E S O T A DATE: April 24, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Stillwater Library Foundation Temporary Liquor License BACKGROUND The Stillwater Library Foundation has submitted an application for a Temporary On -Sale Liquor License to be used during their 4t" of July event this year. This event is held on the Johnson Terrace at the Stillwater Public Library at 224 3rd Street N. RECOMMENDATION Staff recommends approval contingent upon approval from Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve a Temporary On -Sale Liquor License to Stillwater Library Foundation for July 4, 2023 contingent upon AGED approval. 1 water T H E B IRTHPLACE OF MINNESOTA DATE: April 28, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses BACKGROUND City Council approved issuance of several Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses at their April 18' City Council meeting. Since that meeting several more applicants have completed submitting their items and are ready for approval. One business and individual massage therapist has not met the requirements to obtain a license per city code. The applicant Katelyn Hart owner of Align Optimal Wellness Studio completed 60 hours of Thai Yoga Massage at Triple Gem School of Thai Massage also known as Frog Lotus Yoga Studio instead of the required 500 hours at an accredited massage therapy school. The appliant is a sole proprietor therefore the business application as well as the individual massage therapy application should be denied because applicant has not met the education or certifiation requirements required per city code. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion to adopt RESOLUTION 2023- APPROVING ISSUANCE OF NEW THERAPEUTIC MASSAGE BUSINESS LICENSES AND INDIVIDUAL MASSAGE THERAPIST LICENSES to those listed on resolution And RESOLUTION 2023- DENYING ISSUANCE OF A THERAPEUTIC MASSAGE BUSINESS LICENSE AND INDIVIDUAL MASSAGE THERAPIST LICENSE to Katelyn Hart owner of Align Optimal Wellness Studio. City of Stillwater Washington County, Minnesota RESOLUTION 2023-xxx APPROVING ISSUANCE OF NEW THERAPEUTIC MASSAGE BUSINESS LICENSES AND INDIVIDUAL MASSAGE THERAPIST LICENSES WHEREAS, a request from the following businesses and message therapists have been received for the issuance of a Therapeutic Massage Business License and Individual Massage Therapist License; and WHEREAS, all required documentation has been submitted and fees paid. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the issuance of Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses to the following conditioned upon approval from the Police Department and City Clerks Office. Business Massage Therapist(s) Island Time Spa, 1940 Greeley St S Lisa Green Just for Me Spa Inc. business license approved 4/18/23 Conor Bengry Kailee Berg Alice Garcia Shelbi Herzog Lisa Rambo Heidi Rosebud Olivia Rossi Stillwater Calm Care business license approved 4/18/23 Marcella Lopez Stillwater Therapeutic Massage LLC Devon Campbell Adopted by the Stillwater City Council this 2nd day of May, 2023. CITY OF STILLWATER _________________________ Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk REVISED City of Stillwater Washington County, Minnesota RESOLUTION 2023- APPROVING ISSUANCE OF NEW THERAPEUTIC MASSAGE BUSINESS LICENSES AND INDIVIDUAL MASSAGE THERAPIST LICENSES WHEREAS, a request from the following businesses and message therapists have been received for the issuance of a Therapeutic Massage Business License and Individual Massage Therapist License; and WHEREAS, all required documentation has been submitted and fees paid. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the issuance of Therapeutic Massage Business Licenses and Individual Massage Therapist Licenses to the following conditioned upon approval from the Police Department and City Clerks Office. Business Massage Therapist(s) Island Time Spa, 1940 Greeley St S Lisa Green Just for Me Spa Inc. Conor Bengry business license approved 4118123 Kailee Berg Alice Garcia Shelbi Herzog Lisa Rambo Heidi Rosebud Stillwater Calm Care Marcella Lopez business license approved 4118123 Adopted by the Stillwater City Council this 2nd day of May, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2023- DENYING ISSUANCE OF A THERAPEUTIC MASSAGE BUSINESS LICENSE AND INDIVIDUAL MASSAGE THERAPIST LICENSE WHEREAS, a request from Katelyn Hart owner of Align Optimal Wellness Studio has been received for the issuance of a Therapeutic Massage Business License and Individual Massage Therapist License; and WHEREAS, the applicant has not met the education or certification requirements per city code. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby denies the issuance of a Therapeutic Massage Business License and Individual Massage Therapist License to Katelyn Hart owner of Align Optimal Wellness Studio. Adopted by the Stillwater City Council this 2nd day of May, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor /_raIanI Beth Wolf, City Clerk 1 Water -1 THE BIRTHPLACE OF MINNES O T A DATE: May 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Yasmine Robinson, Planning Manager SUBJECT: License for Use of Union Alley for Outdoor Seating BACKGROUND Attached for your consideration is a license agreement between the City, Sara Jesperson (The Lumberjack) and Anthony Gilbert (Melt Pizza) to use Union Alley for outdoor seating. Since the Covid-19 Pandemic, the use of Union Alley for seating has improved the cleanliness and safety of the area. Ms. Jesperson has also led an effort to formalize the use of the alley, which will include seating and will also add a mural program. Approvals for murals (known in the City Code as "Graphic Design Signs") and use of the alley were granted by the Heritage Preservation Commission and Planning Commission in April of 2023. RECOMMENDATION The activation of this space is of benefit to the City, business owners, and residents alike by providing a clean, welcoming and interesting area for people to enjoy. The formalization will provide stability and memorialize the City's support for the activation of this area. ACTION REQUESTED If the Council concurs with Staff's recommendation, they should pass a motion to approve the license agreement between the City, Sara Jesperson (The Lumberjack) and Anthony Gilbert (Melt Pizza) and also make a motion to approve the resolution for an amendment to liquor license for additional temporary outdoor license premises. City of Stillwater Washington County, Minnesota RESOLUTION 2023- RESOLUTION APPROVING AMENDMENT TO LIQUOR LICENSE FOR ADDITIONAL TEMPORARY OUTDOOR LICENSE PREMISES WHEREAS, a request from The Lumberjack and Melt Pizza has been received to add temporary outside seating adjacent to their building in Union Alley as an amendment to their liquor license premises; and WHEREAS, the additional outside seating area is temporary and will only be permitted through November 1, 2023; and WHEREAS, the request meets State Statute restrictions that the premises must be "compact and contiguous"; and THEREFORE BE IT RESOLVED, that the Stillwater City Council hereby approves the additional licensed premises, conditioned upon the following: 1. Approvals from the Community Development Department, Building Department, Fire Department, Police Department, Minnesota AGED and Washington County Public Health & Environment (if applicable) are received. 2. Hours of operation for the outdoor service in the temporary premise space shall be between the hours of 10 a.m. and 10 p.m. 3. The temporary premise area must be designed for safe public seating and no cars can be parked or driving through the premise space. 4. The business must insure alcoholic beverage sales, service and consumption remain within the confines of the designated outdoor licensed premises area. 5. This Resolution is effective immediately subject to federal and state laws or orders relative to the permissibility of business operations and unless terminated earlier by the Council, shall be in effect through November 1, 2023. THEREFORE BE IT FURTHER RESOLVED, that the Stillwater City Council of Stillwater Minnesota hereby approves the additional licensed premises listed below as contingent above: Doing Business As Licensee Name Premise Address The Lumberjack Company The Lumberjack 123 2nd St N, Ste 102 ACG Hospitality, LLC Melt Pizza 112 Main St N Adopted by the Stillwater City Council this 2nd day of May 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk LICENSE AGREEMENT RELATING TO IMPROVEMENTS ON A PORTION OF UNION ALLEY IN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA THIS AGREEMENT ("Agreement") is made, entered into and effective this day of May, 2023, ("Effective Date") by and among the City of Stillwater, a Minnesota municipal corporation ("City"), and The Lumberjack Company, a Minnesota business corporation and Melt Pizza Company, LLC, a Minnesota limited liability company (jointly referred to as "Licensees"). Subject to the terms and conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals of the parties herein contained, the parties do hereby agree as follows: ARTICLE 1 DEFINITIONS The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below. 1.1 L±L "City" means the City of Stillwater, a Minnesota municipal corporation. 1.2 City Property. City Property means the following real property: Union Alley right of way that lies between Myrtle Street and Commercial Street, Washington County, Minnesota 1.3 City Improvements. "City Improvements" means the right of way and all utilities lying on, under and through the City Property. 1.4 Cost Differential. "Cost Differential" means the difference between the Pre - License Costs and the Utility Costs in light of the existence of the Licensees' Improvements. The City's determination of the amount of the Cost Differential shall be binding on the Licensees. The City's determination shall be appropriately supported by cost estimates obtained from independent contractors or engineers. 1.5 Licensed Property. "Licensed Property" means the following real property located in the City of Stillwater, Washington County, Minnesota: The northern 152 feet of Union Alley right of way between Myrtle Street and Commercial Street, as depicted on the attached Exhibit A. 1.6 Licensees. "Licensees" means The Lumberjack Company, a Minnesota business corporation and its assigns and successors in interest and Melt Pizza Company, LLC, a Minnesota limited liability company and its assigns and successors in interest. 1.7 Licensees' Improvements. "Licensees' Improvements" means the removable outdoor dining areas which may contain tables, chairs and ancillary furniture, decorations and other items related to outdoor dining. 1.8 Pre -License Costs. "Pre -License Costs" means a reasonable estimate by the City of the costs the City would have incurred for Utility Costs if the Licensees Improvements did not exist. 1.9 Site Plan. "Site Plan" means the site plan relating to Licensees Improvements, attached as Exhibit A. 1.10 Utility Costs. "Utility Costs" means all costs incurred by the City, (whether performed by the City or its agents or contractors), for the inspection of and access to and repair, maintenance and replacement of the City Improvements located in the City Property and the placement of additional City Improvements in the City Property. Utility Costs, include, without limitation: excavation costs, labor costs, costs of removing fill, costs of re -burying the City Improvements, re -compacting the soils over the City Improvements, restoring the City Property area, and all engineering and attorneys' fees incurred in connection therewith. Utility Costs also include the costs of temporarily removing the Licensees Improvements and subsequently replacing the Licensees Improvements in the City Property, if such costs have not already been paid by the Licensees. ARTICLE 2 RECITALS 2.1 Licensees own businesses adjacent to City Property. 2.2 Union Alley is underutilized as a right of way, is not used for parking and has been an attraction for nuisance activity, trash and graffiti, thereby causing a detrimental impact to the City. 2.3 From 2020-2022, the City granted permission for a portion of Union Alley to be used for outdoor dining under the authority of the Governor's emergency declaration which had limited indoor dining in 2020 and 2021, thereby significantly impacting the restaurant business in a negative manner. In 2022, the City granted permission through a License Agreement for the same use. 2.4 The use of the portion of Union Alley for outdoor dining, specifically by Licensees improved the cleanliness of Union Alley and removed much of the blight and nuisance activity, thereby enhancing the health, safety and welfare of the public. 2 2.5 Licensees have requested the use of a portion of Union Alley for outdoor dining for a limited time in 2023. 2.6 Subject to the terms of this Agreement, the City is willing to allow the Licensees to use the Licensed Property for purposes described herein and for Licensees Improvements to be placed within the Licensed Property if the conditions of this Agreement are met. 2.7 Licensees have applied for and been approved for an Interim Use Permit ("IUP") to operate outdoor dining on a portion of Union Alley. ARTICLE 3 CONDITIONS 3.1 Term of Agreement. The Agreement shall run concurrently with the IUP, but is anticipated to be from the date of approval of this Agreement through November 1, 2023 ("Termination Date"). If the IUP is terminated, so too is this Agreement 3.2 Purpose and Use. The purpose and use of the Licensed Property shall be for outdoor dining and live entertainment associated therewith by Licensees. The outdoor dining and entertainment shall be permitted on the Licensed Property concurrently with the IUP. All Licensees Improvements must be removed from the Licensed Property by the Termination Date. If not removed, the City shall remove the Licensees Improvements and all costs associated with removal and storage of Licensees Improvements, as well as any damage to City Property, shall be the reasonability of Licensees. Invoices and payments shall be made as described in Section 3.7. 3.3 Outdoor Dining Hours of Operation/Music/Liquor City Improvements. (a) Hours of operation for the outdoor dining in the Licensed Property shall be between the hours of 10 a.m. and 10 p.m. (b) No amplified music or the use of amplified noise is allowed in the Licensed Property and all outdoor live music or entertainment shall stop by 9:00 p.m., unless an extension of time is approved as part of a Special Event Permit by the City for an event of limited duration. One single amplifier may be allowed for live music or entertainment so long as the amplifier is located on private property, and the amplifier is facing in a northerly direction. (c) Licensees agree to obtain all City and State City licenses and permits to operate in the Licensed Property. If Licensees intend to serve liquor in the Licensed Property, each will need to amend its liquor license to include the additional outdoor serving areas. 3.4 Maintenance of Licensed Property and Nuisance Activity. Licensees agree to maintain the Licensed Property and keep it free and clear of trash and debris, except as placed in proper receptacles. Licensees agree that each will not create a nuisance with excessive noise, trash, smoking or other nuisance activity and will cooperate with all City Staff to address any complaints. 3.5 Fee to the City. For use of the Licensed Property, Licensees agree to pay the City a total of $1,080 (approximately $180/month) for the Term of the Agreement, due and payable in full by May 15, 2023. This fee is nonrefundable. 3.6 Construction And Maintenance Of Licensees' Improvements. Under the terms and conditions stated herein, Licensees, at its own cost, is hereby authorized by the City to make the Licensees Improvements in the City Property. The Licensees Improvements shall only be placed in the Licensed Property and shall not block any building egress. After installation, the Licensees, at its own expense, shall maintain and repair the Licensees Improvements and remove all Licensees Improvements upon termination of this Agreement but no later than the end of the Term. 3.7 City Not Responsible For Licensees' Improvements. Nothing contained herein shall be deemed an assumption by the City of any responsibility for construction, installation, maintenance, replacement, repair or removal of the Licensees Improvements. 3.8 Licensees to Bear Cost of Relocating Licensees' Improvements. The City is responsible for the repair and maintenance of the City Improvements in the City Property. The City may require the Licensees at the expense of the Licensees to temporarily remove and subsequently replace the Licensees' Improvements in the City Property in order for the City to gain access to the City Improvements for the purpose of inspecting, repairing, maintaining, or replacing the City Improvements or adding future City Improvements. If the Licensees do not perform such tasks, the City may perform such tasks and in such case the Licensees shall reimburse the City for the City's costs and expenses. Prior to commencing such tasks, the City shall send a notice to the Licensees and allow the Licensees twenty (20) days from the date of the written notice to perform the tasks. If the Licensees have not completed the work within the twenty (20) days, then the City may proceed to perform the tasks. Once the City's costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Licensees. The Licensees must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility billings within the City. The charges shall be divided equally between Licensees. 3.9 Emergency. Notwithstanding the requirements contained in Section 3.7 relating to a twenty (20) day written notice to the Licensees to perform its obligations under Section 3.7, the City shall not be required to give such notice if the City Engineer determines that an emergency exists. In such instance, the City, without giving notice to the Licensees may perform the work and in such case the Licensees shall reimburse the City for the costs and expenses relating to the work. Once the City's costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Licensees. Invoices and payment shall be made as described in Section 3.7. 3.10 Cost Deferential. If a Cost Deferential occurs relating to the access to or inspection, maintenance, repair or replacement of the City Improvements or relating to construction of new City Improvements in the future, then the Licensees shall pay the Cost H Deferential to the City. The Licensees must make payment for the Cost Deferential within 30 days after the City has sent a written invoice for the Cost Deferential to the Licensees. Invoices and payment shall be made as described in Section 3.7. 3.11 Remedies. If the Licensees fail to perform its obligations under this Agreement, then the City may terminate this Agreement or avail itself of any remedy afforded by law or in equity. No remedy herein conferred upon or reserved to the City shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 3.12 Indemnification. The Licensees shall indemnify, defend and hold the City, its council, agents, consultants, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys' fees, that the City incurs or suffers, which arise out of, result from or relate to any of the following: (a) The Licensees' Improvements; (b) Installation and maintenance of the Licensees' Improvements; (c) Failure by the Licensees to observe or perform any covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement; and (d) Use of the City Property for Licensees' Improvements, unless caused by the City's gross negligence. 3.13 Indemnification. The City shall indemnify Licensees, defend and hold its agents, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys' fees, that Licensees incur or suffer, which arise out of, result from or relate to the City's use of the City Property, unless caused by Licensees' gross negligence. ARTICLE 4 MISCELLANEOUS PROVISIONS 4.1 Continuiniz Right To City Property. Nothing contained herein shall be deemed a waiver or abandonment or transfer of the right, title and interest that the City holds to the City Property. 61 4.2 Risk Of Loss. Licensees and the Licensees understand and agree that the Licensees Improvements within the City Property may be adversely affected by damage caused to Licensees Improvements arising out of the City's use of the City Property. The parties agree that the City is not responsible for such events; the City shall have no liability to Licensees for such events. Licensees assume the risk of installing the Licensees Improvements in an area where the City Improvements exist. 4.3 No Third Party Recourse. Third parties shall have no recourse against the City under this Agreement. 4.4 Assignment. This Agreement is not assignable without mutual written consent of the parties. Licensees may sublicense a portion of the Licensed Property upon written acknowledgement from the sublicensee that they will comply with Sections 3.2 and 3.3 of this Agreement. Licensees shall retain responsibility for the activity of any sublicensee and shall terminate any sublicense for violations of Section 3.2 or 3.3, at the request of the City. 4.5 Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Agreement shall run with the Licensed Property and shall be binding upon the heirs, successors, administrators and assigns of the parties. The obligations of the Licensees contained in this Agreement are joint and several. 4.6 Notices. Notices shall be deemed effective upon delivery to the following: If to City: City of Stillwater Attn: City Administrator 216 Fourth Street North Stillwater, MN 55082 If to The Lumberjack Company: The Lumberjack Company Attn: Sara Jesperson 123 2nd Street North Suite 102 Stillwater, MN 55082 If to Melt Pizza Company, LLC: Melt Pizza Company Attn: Anthony C. Gilbert 516 Nye Street Hudson, WI 54016 4.7 Amendment And Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such G9 amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 4.8 Governing Law. This Agreement shall be governed by and construed in accord with the laws of the State of Minnesota. 4.9 Headings. The subject headings of the sections this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. 4.10 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. [The remainder of this page has been intentionally left blank.] VA IN WITNESS WHEREOF, the parties have executed this Agreement the year and day first set forth above. CITY OF STILLWATER Ted Kozlowski, Mayor Beth Wolf, City Clerk THE LUMBERJACK COMPANY Sara Jesperson Title MELT PIZZA COMPANY, LLC Anthony C. Gilbert Title IH EXHIBIT A SITE PLAN /mi EXHIBIT A SITE PLAN Cont. 00 0 ° 0 000 0 AemAally uoiun 67, ►mi r m v OF qL, L Lolito & ThE I Jr.l. t DATE: May 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Yasmine Robinson, Planning Manager SUBJECT: Case No. 2023-07: Appeal of 2001 Washington Avenue – Rocket Car Wash Infill Development (Preliminary and Final Plat, Conditional Use Permit) BACKGROUND On March 28, 2023, the Planning Commission heard and denied the application for a Conditional Use Permit to allow a Car Wash and recommended denial of associated preliminary and final plats to the City Council. The Applicant seeks to appeal the Planning Commission’s decision to the City Council. In order to more comprehensively address concerns raised by the Planning Commission, the Applicant has submitted updated plans that illustrate the following: 1. Location of internal wayfinding signage that will help direct visitors to their destination 2. Internal queuing of vehicles at the proposed car wash, and the existing Caribou Cabin 3. Diagram of internal site circulation 4. Updated preliminary plat which extends the car wash parcel to Tower Drive The Applicant, Mikden of Stillwater (Michael Givens) and Rocket Car Wash (Tim King) are seeking approval of Preliminary and Final Plats, as well as a Conditional Use Permit to facilitate the construction of Rocket Car Wash located at 2001 Washington Avenue. The Project Site is located in the Business Park Commercial (BP-C) Zoning District and lies within the West Stillwater Business Park near the intersection of Washington Avenue and West Frontage Road. The Planning Commission most recently reviewed an application for a Caribou Coffee Cabin (CD Case No. 2022-41) which was recently constructed and currently operates to the west of the proposed car wash site. To the north is Harbor Freight & Tool, also known as the former Herberger’s Department Store. The proposed development seeks to create a 1.6-acre parcel located in the southeast portion of the existing lot (PID: 3203020430040) that would contain a 6,400 square foot, car wash facility, vacuum cleaners and parking. The proposed facility would be accessed at the northeast portion of the site, and vehicles would queue in one of three bays that lead to one wash tunnel. REVISED ANALYSIS Highway Mixed Use Designation – 2040 Comprehensive Plan The 2040 Comprehensive Plan lays out a future vision of how areas of the community will evolve over time. The Highway Mixed Use future land use designation was created to provide more flexibility in commercial areas in order to accommodate residential development as well as a mixed of other uses. The majority of the area (70%) is anticipated to remain commercial. Local peer examples of this designation in action include The West End in St. Louis Park and Arbor Lakes of Maple Grove. West Stillwater Business Park Plan The West Stillwater Business Park Plan was approved in 1990 in order to guide the design and use of future development, as this area was originally part of Stillwater Township. As part of the annexation process, the City of Stillwater desired to impose additional design requirements. Since then, the majority of this area has been developed. Staff has evaluated the proposed development against the guidelines of this plan and finds the use and design consistent with the plan. BP-C: Business Park – Commercial Zoning District The purpose of the BP – C: Business Park Commercial Zoning District is to provide a district for general community commercial and office uses. General Retail is a Permitted Use (administrative approval). Uses with drive-throughs are a Conditional Use, requiring approval of the Planning Commission. The proposed development complies with the dimensional and bulk standards of the BP-C zoning district. Required Proposed Lot Area 0.5 Acre 1.60 Minimum Front Setback 40 Feet 200 Feet Minimum Side Setback 20 Feet West – 65 Feet, East – 51 Feet Minimum Rear Setback 30 Feet 43 Feet Maximum Lot Coverage 60% 60% Minimum Landscaped Area 20% 40% Maximum Height 40 Feet 35 Feet Traffic, Site Circulation and Cross Access Washington Avenue and West Frontage Road is a large, uncontrolled intersection adjacent to Highway 36. During the review of the Caribou Cabin development (CD Case No. 2022-41), Staff recommended preparation of a traffic study to examine levels of service and capacity analysis for the site, including any additional development. The Applicant has submitted a study and concludes that all intersections are anticipated to operate with acceptable levels of service in the AM and PM peak hours with the exception of the intersection of Washington Avenue and Frontage Road, but adds that the existing level of service does not change with the addition of traffic from the project site. Queuing capacity for both the Caribou site and the proposed car wash are also described as acceptable. The proposed lot does not have any frontage onto a public road. Because of this condition, all access to the site must circulate through the Harbor Freight & Tool parking lot from entrances on Washington Avenue or Tower Drive, or through a small service entry road south of the Caribou Cabin which also leads traffic into the Harbor Freight parking lot. City Engineering and Planning Staff reviewed the plans submitted by the Applicant and worked with them to include stop signs at the marked crosswalk in front of Harbor Freight in order to reduce vehicle speed and to provide a safe pedestrian crossing. Stormwater Stormwater from the project site will be directed to one of two filtration basins designed to meet the City’s requirements, as well as the requirements of the Brown’s Creek Watershed District. The Applicant is currently on the Watershed’s April 2023 agenda and will continue to work with the City and Watershed to finalize calculations. FINDINGS & RECOMMENDATIONS Conditional Use Permit In approving a Conditional Use Permit, it must be determined that: a) The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations; b) Any additional conditions necessary for the public interest have been imposed; and c) The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The Planning Commission denied the Conditional Use Permit due to concerns about traffic (both public roadway safety, capacity, and level of service as well as internal traffic circulation safety, vehicle stacking and potential vehicle/pedestrian conflicts). It should be noted that the Applicant has since revised its submittal to include the following: 1. Location of internal wayfinding signage throughout the site that will help direct visitors to their destinations safely and efficiently; 2. Diagram of internal queuing of vehicles at the proposed car wash, and the existing Caribou Cabin illustrates the capacity of each use on each respective parcel, and seems to be able to contain a large number of vehicles; 3. Diagram of internal site circulation for better understanding of how traffic would flow at the site; 4. Updated preliminary plat and final plat which extends the car wash parcel to Tower Drive Additionally, Staff would recommend that the City Council and Applicant consider a hard/physical channel (curb) that extends beyond the East/West drive aisle that runs in front of Harbor Freight to force car wash patrons to exit onto Tower Drive. Staff would also recommend the addition of ‘Do Not Enter’ Signs on the southern shared drive off of Washington Avenue to further reinforce the right-in/right-out function of this shared access. Do Not Enter Signs Extend Curb Line for Car Wash Exit to Tower Drive Plat/Subdivision Additionally, the Planning Commission recommended denial of the Preliminary Plat and Final Plat due to the underlying denial of the Conditional Use Permit. Staff recommends that any Plat be tied to an actual project to avoid any unanticipated entitlements and potential future lot line adjustments need to fit any future project. Additionally, Staff believes that the Applicant may be open to discussing other alternatives that may address Planning Commission concerns with the Council. ALTERNATIVES The City Council has the following alternatives to consider: Planning Commission Appeal – Conditional Use Permit 1. Uphold the Planning Commission’s denial of the Conditional Use Permit. 2. Reverse the Planning Commission’s denial of the Conditional Use Permit. 3. Table for additional information, should questions arise from discussion, that may be clarified by further study or information. Preliminary Plat and Final Plat The Planning Commission also recommended denial of the Preliminary and Final Plat, but the Council has the decision-making authority. If the Council approves the CUP, Staff supports approval of the Preliminary and Final Plat. However, if the Council upholds the decision of the Planning Commission and the CUP is denied, then the Preliminary and Final Plat should also be denied because it is tied to the specific project. ACTION (take separately) 1. Motion to uphold/reverse the Planning Commission’s denial of the Conditional Use Permit (Draft Resolution for Approval of CUP attached) 2. Motion to approve/deny the Resolution approving Preliminary Plat and Final Plat for MJG SECOND ADDITION. (Draft Resolution for Approval of Preliminary and Plat attached) City of Stillwater Washington County, Minnesota RESOLUTION 2023-075 CONDITIONAL USE PERMIT TO FACILITATE A CARWASH LOCATED 2001 WASHINGTON AVENUE WHEREAS, the City of Stillwater received Conditional Use Permit from Tim King (“Applicant”) for Property owned by Mikden of Stillwater (“Owner”), located at 2001 Washington Avenue South, legally described as in Exhibit A (the “Property”), regarding use of the property as Carwash; and WHEREAS, on March 29, 2023, the Planning Commission denied the Conditional Use Permit; and WHEREAS, on March 30, 2023, the Applicant appealed the Planning Commission decision to the City Council, and WHEREAS, on May 2, 2023, the City Council for the City of Stillwater considered the appeal. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the conditional use permit for a Carwash, contingent upon the following. Findings: 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations; 2. Any additional conditions necessary for the public interest have been imposed; and 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Conditions 1. Plans shall be consistent with those on file for Case No. CD 2023-07 as presented to the City Council on May 2, 2023. 2. Minor changes, as defined in City Code, may be approved by the Community Development Director. Major changes must be approved by the Planning Commission. 3. Install a hard and/or physical channel (curb) that extends beyond the East/West drive aisle that runs in front of Harbor Freight to force car wash patrons to exit onto Tower Drive. 4. Installation of ‘Do Not Enter’ Signs on the southern shared drive off of Washington Avenue. 5. Wayfinding signage must be installed on the interior of the site. Adopted by the Stillwater City Council this 2nd day of May, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A Legal Description of the Applicant’s Property Abstract Property Type Parcel ID: 32-030-20-43-0040 Lot 1, Block 1, MJG Second Addition, Washington County, Minnesota City of Stillwater Washington County, Minnesota RESOLUTION 2023-XX RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT FOR MJG 2ND ADDITION WHEREAS, the City of Stillwater received a Preliminary and Final Plat application from Tim King (“Applicant”) for Property owned by Mikden of Stillwater (“Owner”), located at 2001 Washington Avenue South, legally described as in Exhibit A (the “Property”); and WHEREAS, the Planning Commission reviewed the request on March 29, 2023, and recommended denial of the Preliminary and Final Plat due to traffic concerns and a lack of frontage on a public right of way: and WHEREAS, the Applicant did revise plans in an attempt to address concerns raised by the Planning Commission; and WHEREAS, the City Council reviewed the request on May 2, 2023. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Stillwater hereby approves the final plat of MJG 2nd Addition. Adopted by the Stillwater City Council this 2nd day of May, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A Legal Description of the Applicant’s Property Abstract Property Type Parcel ID: 32-030-20-43-0040 Lot 2, Block 1, MJG Second Addition, Washington County, Minnesota April 25, 2023 Mayor and City Council City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Mayor Ted Kozlowski at tkozlowski@ci.stillwater.mn.us Council member Ryan Collins at rcollins@ci.stillwater.mn.us Council member David Junker at djunker@ci.stillwater.mn.us Council member Larry Odebrecht at lodebrecht@ci.stillwater.mn.us Council member Michael Polehna at mpolehna@ci.stillwater.mn.us Re: Mikden of Stillwater, LLC – Application for Approval of Preliminary and Final Plat and Conditional Use Permit for Rocket Car Wash Dear Mayor Kozlowski and City Council Members: We represent Mikden of Stillwater, LLC. This letter is written on behalf of our client in support of applications for approval of preliminary and final plat and conditional use permit for construction of Rocket Car Wash at 2001 Washington Avenue (the “Project”). In this letter, we address the factual and legal basis for approval of the Project, as well as issues raised at the Planning Commission hearing held on March 29, 2023. Background Following the termination of the Herberger’s lease, the property owner worked diligently with City staff to prepare plans for reuse and redevelopment of the Property. This includes the existing building as well as the recent construction of the Caribou Coffee Cabin (CD Case No. 2022-41). At the time the Caribou Coffee Cabin was approved, the City’s Community Development Director strongly recommended preparation of a traffic study prior to any further development of the Property. Accordingly, our client engaged traffic engineers at Westwood to prepare a detailed traffic study of the impact of the Caribou Coffee Cabin and the proposed Rocket Car Wash. The Staff report, dated March 29, 2023, refers to the traffic study and concludes: Washington Avenue and West Frontage Road is a large, uncontrolled intersection adjacent to Highway 36. During the review of the Caribou Cabin development (CD Case No. 2022-41), Staff recommended a preparation of a traffic study to examine levels of service and capacity analysis for the site, including any additional development. The Applicant has submitted a study and concludes that all intersections are anticipated to operate with acceptable levels of service in the AM and PM peak hours with the Mayor and City Council April 25, 2023 Page 2 exception of the intersection of Washington Avenue and Frontage Road, but adds that the existing levels of service does not change with the addition of traffic from the project site. Queueing capacity for both the Caribou site and the proposed car wash are also described as acceptable. Staff report, page 2. In addition to this finding, the report states: Staff finds that the proposed use conforms to all applicable City plans, has suggested conditions, and that the structure will not constitute a nuisance. The site plan conforms to the zoning code and review is underway with the Brown’s Creek Watershed District. The Applicant has also made improvements to vehicular and pedestrian circulation within the larger site. Staff report, page 3. In short, staff has confirmed that the use will not degrade transportation infrastructure, complies with City plans and zoning code, and will not constitute a nuisance. On this basis, staff recommended approval of the preliminary and final plat, and a conditional use permit for the Project. Discussion A conditional use is an allowed use of property subject to reasonable conditions of approval to mitigate any potential impact on surrounding properties or public infrastructure. Zylka v. City of Crystal, 283 Minn. 192, 196, 167 N.W.2d 45, 49 (1969). Denial of use permit in the absence of express standards makes the decision vulnerable to a finding of arbitrariness. Hay v. Twp. of Grow, 296 Minn. 1, 6, 206 N.W.2d 19, 22–23 (1973). Vague assertions or concerns about traffic without substantial evidence do not constitute a sufficient basis for denial of the conditional use permit. Chanhassen Estates Residents Ass'n v. City of Chanhassen, 342 N.W.2d 335, 340 (Minn.1984). At the Planning Commission, no specific evidence was provided supporting traffic concerns by Planning Commissioners. In contrast, the Applicant submitted a detailed traffic study at the request of City staff which found that key intersections would not be degraded by the use. No questions, comments, or concerns were presented to our client by staff following submittal of the traffic study. On the contrary, staff supported the preliminary and final plat application, and the application for conditional use permit. Addressing the Commissioners concerns, the Applicant provided a circulation plan that provides clear circulation to the adjoining streets, Washington Avenue and Tower Drive. That plan has been updated and submitted to staff, along with a plan for new directional signage to assist visitors to the Property. With regard to the requirement for public street frontage, the Applicant Mayor and City Council April 25, 2023 Page 3 has submitted an updated plat design which shows public street frontage on Tower Drive, consistent with the requirements of the zoning and subdivision ordinances. Conclusion Our client has worked diligently over several years to reposition this important commercial property following the bankruptcy of Herberger’s. They have responded to the request of the City’s Community Development staff to undertake a traffic study and provided that data to the City well in advance of submittal of applications for a preliminary plat and conditional use permit. No objections were made by staff to the findings of the traffic study and the applications have been revised and modified to address any zoning code issues raised during the hearing. It is significant that the traffic study concludes that there is no degradation of the local intersections due to the recent completion of the Caribou Coffee Cabin and the proposal for the car wash. On this basis, the conditional use permit must be approved as it meets the conditions and criteria of the City Code and the conditions recommended by City Staff. Our client has a right to continue redevelopment of the Property within parameters presented by the City’s plans, codes and development criteria. Accordingly, we request that the City Council approve the preliminary and final plat, and conditional use permit and for the Project. Thank you. Sincerely, William C. Griffith, for Larkin Hoffman Direct Dial: 952-896-3290 Direct Fax: 952-842-1729 Email: wgriffith@larkinhoffman.com Cc: Tim Gladhill, Community Development Yasmine Robinson, Planning Korine Land, City Attorney Michael Givens 4859-2728-3804, v. 1 1 Water -1 THE BIRTHPLACE OF MINNES O T A DATE: May 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Yasmine Robinson, Planning Manager SUBJECT: Case No. 2023-07: Appeal of 2001 Washington Avenue — Rocket Car Wash Infill Development (Preliminary and Final Plat, Conditional Use Permit) BACKGROUND On March 28, 2023, the Planning Commission heard and denied the application for a Conditional Use Permit to allow a Car Wash and recommended denial of associated preliminary and final plats to the City Council. The Applicant seeks to appeal the Planning Commission's decision to the City Council. In order to more comprehensively address concerns raised by the Planning Commission, the Applicant has submitted updated plans that illustrate the following. 1. Location of internal wayfinding signage that will help direct visitors to their destination 2. Internal queuing of vehicles at the proposed car wash, and the existing Caribou Cabin 3. Diagram of internal site circulation 4. Updated preliminary plat which extends the car wash parcel to Tower Drive The Applicant, Mikden of Stillwater (Michael Givens) and Rocket Car Wash (Tim King) are seeking approval of Preliminary and Final Plats, as well as a Conditional Use Permit to facilitate the construction of Rocket Car Wash located at 2001 Washington Avenue. The Project Site is located in the Business Park Commercial (BP-C) Zoning District and lies within the West Stillwater Business Park near the intersection of Washington Avenue and West Frontage Road. The Planning Commission most recently reviewed an application for a Caribou Coffee Cabin (CD Case No. 2022-41) which was recently constructed and currently operates to the west of the proposed car wash site. To the north is Harbor Freight & Tool, also known as the former Herberger's Department Store. The proposed development seeks to create a 1.6-acre parcel located in the southeast portion of the existing lot (PID: 3203020430040) that would contain a 6,400 square foot, car wash facility, vacuum cleaners and parking. The proposed facility would be accessed at the northeast portion of the site, and vehicles would queue in one of three bays that lead to one wash tunnel. ANALYSIS Highway Mixed Use Designation — 2040 Comprehensive Plan The 2040 Comprehensive Plan lays out a future vision of how areas of the community will evolve over time. The Highway Mixed Use future land use designation was created to provide more flexibility in commercial areas in order to accommodate residential development as well as a mixed of other uses. The majority of the area (70%) is anticipated to remain commercial. Local peer examples of this designation in action include The West End in St. Louis Park and Arbor Lakes of Maple Grove. West Stillwater Business Park Plan The West Stillwater Business Park Plan was approved in 1990 in order to guide the design and use of future development, as this area was originally part of Stillwater Township. As part of the annexation process, the City of Stillwater desired to impose additional design requirements. Since then, the majority of this area has been developed. Staff has evaluated the proposed development against the guidelines of this plan and finds the use and design consistent with the plan. BP-C: Business Park — Commercial Zoning District The purpose of the BP — C: Business Park Commercial Zoning District is to provide a district for general community commercial and office uses. General Retail is a Permitted Use (administrative approval). Uses with drive-throughs are a Conditional Use, requiring approval of the Planning Commission. The proposed development complies with the dimensional and bulk standards of the BP-C zoning district. Required Proposed Lot Area 0.5 Acre 1.60 Minimum Front Setback 40 Feet 200 Feet Minimum Side Setback 20 Feet West — 65 Feet, East — 51 Feet Minimum Rear Setback 30 Feet 43 Feet Maximum Lot Coverage 60% 60% Minimum Landscaped Area 20% 40% Maximum Height 40 Feet 35 Feet Traffic, Site Circulation and Cross Access Washington Avenue and West Frontage Road is a large, uncontrolled intersection adjacent to Highway 36. During the review of the Caribou Cabin development (CD Case No. 2022-41), Staff recommended preparation of a traffic study to examine levels of service and capacity analysis for the site, including any additional development. The Applicant has submitted a study and concludes that all intersections are anticipated to operate with acceptable levels of service in the AM and PM peak hours with the exception of the intersection of Washington Avenue and Frontage Road, but adds that the existing level of service does not change with the addition of traffic from the project site. Queuing capacity for both the Caribou site and the proposed car wash are also described as acceptable. The proposed lot does not have any frontage onto a public road. Because of this condition, all access to the site must circulate through the Harbor Freight & Tool parking lot from entrances on Washington Avenue or Tower Drive, or through a small service entry road south of the Caribou Cabin which also leads traffic into the Harbor Freight parking lot. City Engineering and Planning Staff reviewed the plans submitted by the Applicant and worked with them to include stop signs at the marked crosswalk in front of Harbor Freight in order to reduce vehicle speed and to provide a safe pedestrian crossing. Stormwater Stormwater from the project site will be directed to one of two filtration basins designed to meet the City's requirements, as well as the requirements of the Brown's Creek Watershed District. The Applicant is currently on the Watershed's April 2023 agenda and will continue to work with the City and Watershed to finalize calculations. FINDINGS & RECOMMENDATIONS Conditional Use Permit In approving a Conditional Use Permit, it must be determined that: a) The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations; b) Any additional conditions necessary for the public interest have been imposed; and c) The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The Planning Commission denied the Conditional Use Permit due to concerns about traffic (both public roadway safety, capacity, and level of service as well as internal traffic circulation safety, vehicle stacking and potential vehicle/pedestrian conflicts). It should be noted that the Applicant has since revised its submittal to include the following: 1. Location of internal wayfinding signage throughout the site that will help direct visitors to their destinations safely and efficiently; 2. Diagram of internal queuing of vehicles at the proposed car wash, and the existing Caribou Cabin illustrates the capacity of each use on each respective parcel, and seems to be able to contain a large number of vehicles; 3. Diagram of internal site circulation for better understanding of how traffic would flow at the site; 4. Updated preliminary plat and final plat which extends the car wash parcel to Tower Drive Additionally, Staff would recommend that the City Council and Applicant consider a hard/physical channel (curb) that extends beyond the East/West drive aisle that runs in front of Harbor Freight to force car wash patrons to exit onto Tower Drive. Staff would also recommend the addition of `Do Not Enter' Signs on the southern shared drive off of Washington Avenue to further reinforce the right-in/right-out function of this shared access. Do Not Enter Signs ` LOT 2, MJG ADDITION iF49171 ,0100, 0 � EXIT ONLY --� OUTLOT A, MJG ADDITION aZ CARIBOU � �1 CARWASH � Add 'Do Not Enter O Sign STACKING CAPACITY CARIBOU 12 CARS Extend Curb Line for Car Wash Exit to Tower Drive CARIBOU 405 CARWASH Extend Curb Line Plat/Subdivision Additionally, the Planning Commission recommended denial of the Preliminary Plat and Final Plat due to the underlying denial of the Conditional Use Permit. Staff recommends that any Plat be tied to an actual project to avoid any unanticipated entitlements and potential future lot line adjustments need to fit any future project. Additionally, Staff believes that the Applicant may be open to discussing other alternatives that may address Planning Commission concerns with the Council. ALTERNATIVES The City Council has the following alternatives to consider: Plannina Commission Appeal — Conditional Use Permit 1. Uphold the Planning Commission's denial of the Conditional Use Permit. 2. Reverse the Planning Commission's denial of the Conditional Use Permit. 3. Table for additional information, should questions arise from discussion, that may be clarified by further study or information. Preliminary Plat and Final Plat In this capacity, the Planning Commission acts in a recommendation capacity. Since the Planning Commission denied the project, it also recommended that the City Council deny the Preliminary Plat and Final Plat. The subdivision of the property should be tied to the approval of a specific project as to not provide unexpected entitlement for future projects. ACTION (take separately) 1. Motion to uphold/reverse the Planning Commission's denial of the Conditional Use Permit — No Resolution. 2. Motion to adopt/deny the Resolution approving Preliminary Plat and Final Plat for MJG SECOND ADDITION. City of Stillwater Washington County, Minnesota RESOLUTION 2023-XX RESOLUTION ADOPTING WRITTEN FINDINGS FOR DENIAL OF A PRELIMINARY AND FINAL PLAT FOR 2001 WASHINGTON AVENUE WHEREAS, the City of Stillwater received a Preliminary and Final Plat application from Tim King ("Applicant") for Property owned by Mikden of Stillwater ("Owner"), located at 2001 Washington Avenue South, legally described as in Exhibit A (the "Property"); and WHEREAS, the Planning Commission reviewed the request on March 29, 2023, and recommended denial of the Preliminary and Final Plat due to traffic concerns and a lack of frontage on a public right of way: and WHEREAS, the Applicant did revise plans in an attempt to address concerns raised by the Planning Commission; and WHEREAS, the City Council reviewed the request on May 2, 2023. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Stillwater hereby approves the final plat of MJG 2nd Addition. Adopted by the City Council this 2nd day of May, 2023. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A Legal Description of the Applicant's Property Abstract Property Type Parcel ID: 32-030-20-43-0040 Lot 1, Block 1, MJG Second Addition, Washington County, Minnesota 0 O d N M M O N O O J U V) >Q Q V Lu w Y V O J 0 0 0 M ro 0 N 0 0 PAI PROJECT NUMBER: 0020339.00 O - Rim Ele v= 935.00 - II I I I (full of leaves) -Rlev=935.87 Rim Ele v= 936 09. T Inv. qg y.= 929.62 Inv. Elev=926.4,d (TE) o Inv. EIev=930.57 Inv. El e v= 925.89 (N/S s ) Rim Elev=935.96------------- (can't open) n 2 ti Q Rim EIev=936.01---' Inv. EIev= 925.56 (N/S) I z a L; c Rim Elev=934.99- Inv. EIev=924.99 (N/S) 1"=50' 0' 50' 100' 150' Rim EIev=933.01-- ln v Elev= 926.96(??) Rim Elev=933.32-\ Inv Ele v= 924.37 (N/S) Rim E/ev=938.64 Inv Elev=935.94 (N)(4 PVC) tt l Clov 03d 70 /C)/1R" n fa) _- rr ucv-.�✓v. r✓ (car parked on top) �rlyAT WA WA WA N88050'38"W II II II r DRAINAGE & UTILITY EASEMENT t tt `-WA TER ELEV. = 927. 08 PID: J203020430022 ,i (Field located 1110212018) CITY OF STILL WA TER Rim Elev=934.50-I I T F- r) I n I n I I ` Irl \ I/ �� L_ Inv Elev=926.20 (N/E) '� I I n/ A - I- I I V LJ WA T - SAN LOT AREA CHART LEGAL DESCRIPTION LOT AREA (ACRE) LOT 1 6.37 AC. LOT 2 2.16 AC. TOTAL 8.53 AC. PROPERTY DESCRIPTION Call 48 Hours before digging: 811 or call811.com Common Ground Alliance Real property in the City of Stillwater, County of Washington, State of Minnesota, described as follows: -I Lot 1, Block 1, MJG Addition, Washington County, Minnesota. (Abstract Property) L SURVEYOR'S NOTES 1 PID: 3203020430039 HABERMAN LLP 2. 3. DRAINAGE & UTILITY EASEME �o d 4. W 0 5. 00 o C7 6. 7. ,-MAIL KIOSK A A A TT IVI/-1 I I I Inn1 F-\/ �7UUL-L- 1 �{L-u,�r I I N88050'30"W 39.70 W PID: 320JO20430026 ^ p DS HOSPITALITY op A F1 F\ I T I /-)vvl 1 I UI V i I I I I I I --------- This survey was prepared with the benefit of Title Commitment No. 22-M34969, prepared by Metro Title Services, Inc having an effective date of October 25, 2022 at 8:00 AM. Subject property contains 377,634 Sq. Ft. or 8.53 acres. Existing conditions are based on fieldwork conducted by Westwood Professional Services on November 2, 2078 and as shown on ALTA/NSPS Land Title Survey Westwood project number 0020339.00 dated November 79, 2078. Subject property appears to be calassified as Zone X when scaled from Flood Insurance Rate Map Community - Panel Number 27763CO262E Zoning information not provided by Client. Coordinate system is Washington County, NAD 83 7986 Adj. Construction on the adjacent Lot 2, Block 1 and adjacent Outlot A, MJG Addition is not fully completed. Proposed improvements are shown per Site Plan. LEGEND GAS GAS UNDERGROUND FOP FIBER OPTIC UNDERGROUND Puy POWER UNDERGROUND SAN SANITARY SEWER STO STORM SEWER WAT WATERMAIN VICINITY MAP BOUNDARY LINE RIGHT-OF-WAY LINE PROPOSED LOT LINE EASEMENT LINE SECTION LINE SETBACK LINE (NOT TO SCALE) Q 0 Blvd IN.� Sec 32 G est t c T3 0 R2 OW 1'41 d VJ V) it N C > _ Q Tower Or W y v I-L=rhemei s t Washington X W Frontage Rd SITE - 60th St N �•HL-ter -- _- z z d 4Lpl ar > > Q Q L U J - 20 z° C: = o, Y u; o Q o U w V) J J U Ln z J Z LUZ O Q U U N H LU v o > Ld LLi Z Z rn J O N l.-_ J 00 Z LL N O z N to O O > N w > cl� LU W K' N cV LA Gi CDO V) z N J O rn N a 7) O z LU of o 0 w moo oaf w-a CL Of CL aao �zz zo w0 0- _CL Cf = w z Q O >oaw LL z z2 cc ~ xV 0o - C] N W N oC w N l__ O =) 00 to �,o O z LU v M N O N O NT (D GC z '~Na ua� = W w Q 0 J V Ln > co L M oLO L to E Z 8 3 0 r OC O N O O N O - W - L9 to L 1-r�L I'L C e')MM O O CD M z �Q LU LU Q J Lu J i SHEET NUMBER: _ cn Q C003 U LU �z DATE 02/15/2023 o PROJECT NUMBER: 0020339.00 v U i O V) 0 a 0 O 3 a� N N 0 N O i �I I 10' PARKING SETBACK 20' BUILDING SETBACK I I I I O KEY NOTES A B C D E F G H I J K L M N MATCH EXISTING CURB STAMPED CONCRETE - SEE ARCH SNOW MELT SYSTEM - SEE ARCH STRUCTURAL STOOP - SEE STRUCTURAL VACUUM - SEE ARCH TRASH ENCLOSURE - SEE ARCH PROPOSED TRANSFORMER PAD - VERIFY WITH MECHANICAL CONCRETE SCORING B612 AND FLUSH CURB TRANSITION EXISTING PAVEMENT TO REMAIN. RESTRIPE STALLS. EXISTING CURB TO REMAIN LIGHT POLE - SEE ARCH EXISTING LIGHT POLE TO REMAIN PROPOSED MONUMENT/DIRECTIONAL SIGN - SEE ARCH SITE LEGEND EXISTING PROPOSED x x 0 0 0 ❑T AV GENERAL SITE NOTES Call 48 Hours before digging: 811 or call811.com Common Ground Alliance PROPERTY LINE LOT LINE SETBACK LINE EASEMENT LINE CURB AND GUTTER TIP -OUT CURB AND GUTTER POND NORMAL WATER LEVEL RETAINING WALL FENCE CONCRETE PAVEMENT (6") CONCRETE SIDEWALK (4") HEAVY DUTY CONCRETE PAVEMENT (7") NORMAL DUTY BITUMINOUS PAVEMENT NUMBER OF PARKING STALLS TRANSFORMER SITE LIGHTING TRAFFIC SIGN POWER POLE BOLLARD / POST 1. BACKGROUND INFORMATION FOR THIS PROJECT PROVIDED BY WESTWOOD PROFESSIONAL SERVICES. 2. LOCATIONS AND ELEVATIONS OF EXISTING TOPOGRAPHY AND UTILITIES AS SHOWN ON THIS PLAN ARE APPROXIMATE. CONTRACTOR SHALL FIELD VERIFY SITE CONDITIONS AND UTILITY LOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. IF ANY DISCREPANCIES ARE FOUND, THE ENGINEER SHOULD BE NOTIFIED IMMEDIATELY. 3. REFER TO BOUNDARY SURVEY FOR LOT BEARINGS, DIMENSIONS AND AREAS. 4. ALL DIMENSIONS ARE TO FACE OF CURB OR EXTERIOR FACE OF BUILDING UNLESS OTHERWISE NOTED. 5. REFER TO ARCHITECTURAL PLANS FOR EXACT BUILDING DIMENSIONS AND LOCATIONS OF EXITS, RAMPS, AND TRUCK DOCKS. 6. ALL CURB RADII ARE SHALL BE 3.0 FEET (TO FACE OF CURB) UNLESS OTHERWISE NOTED. 7. ALL CURB AND GUTTER SHALL BE B612 UNLESS OTHERWISE NOTED. 8. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGGERS AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. PLACEMENT OF THESE DEVICES SHALL BE APPROVED BY THE CITY AND ENGINEER PRIOR TO PLACEMENT. TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MNDOT STANDARDS. 9. BITUMINOUS PAVEMENT AND CONCRETE SECTIONS TO BE IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE GEOTECHNICAL ENGINEER. 10. CONTRACTOR SHALL MAINTAIN FULL ACCESS TO ADJACENT PROPERTIES DURING CONSTRUCTION AND TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES. 11. SITE LIGHTING SHOWN ON PLAN IS FOR REFERENCE ONLY. REFER TO LIGHTING PLAN PREPARED BY OTHERS FOR SITE LIGHTING DETAILS AND PHOTOMETRICS. SITE DEVELOPMENT SUMMARY • EXISTING ZONING: BPC, BUSINESS PARK COMMONS • PROPOSED PARCEL DESCRIPTION: LOT 2, BLOCK 1, MJG 2ND ADDITION • PROPERTY AREA: 93,944 SF (2.157 AC) • PERVIOUS SURFACE: 37,571 SF (0.863 AC) (40.0%) • IMPERVIOUS SURFACE(RATIO): 56,373 SF (1.294 AC) (60.09/,) • BU ING ROSS SIZE: 6,400 SF • BUILDING SETBACK PER CODE: 40'=FRONT 20'=SIDE 30'=REAR • PARKING SETBACK: 15'=ROW 10'=PROPERTY LINE • PARKING SPACE/DRIVE AISLE: 9' WIDE X 18' LONG, 24' AISLE • PARKING PROVIDED: 53 0 SITE DETAILS (SI-OXX) 1 B612 CURB AND GUTTER 2 MOUNTABLE CURB AND GUTTER 2D FLUSH CURB AND GUTTER 8 PRIVATE CONCRETE SIDEWALK 15 HANDICAP ACCESSIBLE SIGNAGE AND STRIPING 16 PRECAST CONCRETE WHEEL STOP 18 BOLLARD 19 PAVEMENT SECTIONS 22 SAW CUT CONTROL JOINT 45 B612 AND SURMOUNTABLE CURB TRANSITION 0 N J U ui V) J J U o LLJ a z Y U I w 2 w o v > 09 D V) V1 a z z 0 Of V_ W p p F w w o � c v w w a a z v 3 0 K Of U w w w F- a- a a z z z o O O O 11J V, V, > > > > w w w w cr� Of Q� Q� rn m m N N N M O O O N O O \ O N CD O O CI�ID W N o w N O D00 V)�'o 0 z LU z v M N O N O \ NT 0 Cd Z Nd ua� = N W a w Q 0 J V (~ Ln co to O o'� L t toG CC �Z8 3 � z s 3 0 r o� C O N O In N In — W — LO to L r r�L I'L C e')MM O O CD M 0 LL O X — d Uca H II /❑ W LU I— Q v , J H 1" = 20' SHEET NUMBER: Ln >Q 0' 20' 40' 60' C200 U NOT FOR CONSTRUCTION w U DATE: 04/07/2023 0 PROJECT NUMBER: 0020339.00 1 v U i 0 V) 0 a 0 0 3 a� N N 0 N N L�J WA r WA� WA r SAN SAN ���GA S g�-A /-- WAJ )) l� r WA WA WA WA WA wAry cnni — SAN — SAN SAN SAN SAN SAN O II FOP �r -WAr WA WA r - SAN SAN SAN sr WA r SAN SITE LEGEND EXISTING PROPOSED x --------------- x 0 O Call 48 Hours before digging: 811 or call811.com Common Ground Alliance PROPERTY LINE LOT LINE SETBACK LINE EASEMENT LINE CURB AND GUTTER TIP -OUT CURB AND GUTTER POND NORMAL WATER LEVEL RETAINING WALL FENCE CONCRETE PAVEMENT (6") CONCRETE SIDEWALK (4") HEAVY DUTY CONCRETE PAVEMENT (7") NORMAL DUTY BITUMINOUS PAVEMENT NUMBER OF PARKING STALLS TRANSFORMER SITE LIGHTING TRAFFIC SIGN POWER POLE BOLLARD / POST EGRESS ROUTE INGRESS ROUTE 0 Ln J V ui Vl J J v Z J Z L Z O Q N (DV H = 0 V 0 > w D V) a H z z 0 Of (A W N o Dw N �__ O D 00 V)�,o I iw V) Z V J ' Id L W ua� = N W a 2 w Q 0 J V (~ Ln >m O o'� L � C Z G Z G8 3 � L s 3 0 r OC C r C O N O In N In W Lp to L r r�L I'L C e')MM O O CD M wz �o m ® Q = w oC w V x w a > J Ov 1" = 50' SHEET NUMBER: Ln >Q 0' 50' 100' 150' 1 OF 1 U NOT FOR CONSTRUCTION w V DATE: 04/24/2023 0 PROJECT NUMBER: 0020339.00 v U i 0 V) 0 a 0 0 3 a� N N O N O L�J WA r WAFT WA T SAN SAN GA S /----------------------------------------- WA T WA WA WA WA WA WAr A — SAN 0n1 — SAN SAN SAN ^ SAN SAN -WAr WA WA r - SAN SAN SAN sr WA r SAN SITE LEGEND EXISTING PROPOSED x --------------- x 0 ❑T Call 48 Hours before digging: 811 or ca11811.com Common Groun A lance PROPERTY LINE LOT LINE SETBACK LINE EASEMENT LINE CURB AND GUTTER TIP -OUT CURB AND GUTTER POND NORMAL WATER LEVEL RETAINING WALL FENCE CONCRETE PAVEMENT (6") CONCRETE SIDEWALK (4") HEAVY DUTY CONCRETE PAVEMENT (7") NORMAL DUTY BITUMINOUS PAVEMENT NUMBER OF PARKING STALLS TRANSFORMER SITE LIGHTING TRAFFIC SIGN POWER POLE BOLLARD / POST STACKING CALCULATIONS ROCKET CAR WASH: 45 CARS CARIBOU COFFEE: 12 CARS m N O N N cV O w D sn- z z w 0 v v LU d z 0 a! N O N M o z M 0 O LU Of > a 1 V_ H w w Q � U w w V a a z 3: 0 � � U w w ~O a a- z z o 0 0 1J 7) i7i Ln w w w a� cl� cc� M M N N M O O N O \ O N 0 0 /❑ (A W N O w N �__ O D00 V)�,o I w V) z V J ' Id L W ua� = N W a 2 w Q 0 J V (~ Ln >m O o'� L � C Z G Z G8 3 � z s 3 0 r o� C r C O N O In N In W co m co O O CD M W � z= LU w � w J 1" = 50' SHEET NUMBER: >Q 0' 50' 100' 150' C002 U NOT FOR CONSTRUCTION w U DATE: 04/24/2023 0 PROJECT NUMBER: 0020339.00 MJG SECOND ADDITION KNOW ALL PERSONS BY THESE PRESENTS. That Mikden of Stillwater LLC, a Minnesota limited liability company, owner and Hiawatha National Bank, mortgagee of the following described property situated in the County of Washington, State of Minnesota, to wit: Lot 1, Block 1, MJG ADDITION according to the recorded plat thereof, Washington County, Minnesota. Has caused the some to be surveyed and platted as MJG SECOND ADDITION and does hereby donate and dedicate the easements as created by this plat for drainage and utility purposes only. In witness whereof said Mikden of Stillwater LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper member this day of , 20 Mikden of Stillwater LLC QI Its STATE OF MINNESO TA COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by , its , of Mikden of Stillwater LLC, a Minnesota limited liability company. (Signature) Notary Public, My Commission Expires Coun ty, (Name Printed) In witness whereof said Hiawatha National Bank, has caused these presents to be signed by its proper member this day of S TA TE OF COUNTY OF 20 Hiawatha National Bank Its The foregoing instrument was acknowledged before me this day of 20 by I its , of Hiawatha National Bank. (Signature) Notary Public, My Commission Expires Coun ty, (Name Printed) I, Chris Ambourn, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey- that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year, that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 Chris Ambourn Licensed Land Surveyor Minnesota License No. 43055 S TA TE OF MINNESO TA COUNTY OF This instrument was acknowledged before me on this (Signature) day of 20 by Chris Ambourn. (Name Printed) CITY COUNCIL, STILL WA TER, MINNESOTA This plat of MJG SECOND ADDITION was approved and accepted by the City Council of the City of Stillwater, Minnesota this day of , 20 , and hereby certifies compliance with all requirements as set forth in the of Minnesota Statutes, Section 505.03, Subd. 2. City of Stillwater IS Mayor IM Clerk Approved by the Planning Commission of the City of Stillwater, Minnesota, this day of 20 BY: BY: Planning Commission Chairman Planning Commission Secretary COUNTY SURVEYOR, Washington County, Minnesota Pursuant to Chapter 820, Minnesota Laws of 1971, and in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 IS Washington County Surveyor COUNTY AUDITOR/TREASURER, Washington County, Minnesota Pursuant to Minnesota Statutes, Section 505.021, Subd. 9 and Section 272.12, taxes payable in the year 20 , on real estate hereinbefore described, have been paid,- and there are no delinquent taxes, and transfer has been entered on this day of , 20 51 Washington County Auditor/Treasurer COUNTY RECORDER, Washington County, Minnesota Document Number Depu ty I hereby certify that this instrument was recorded in the Office of the County Recorder for this record on this day of 1 20 at o'clock—M. and duly recorded in Washington County Records. Washington County Recorder MM Deputy Notary Public, My Commission Expires County, Minnesota Westwood Professional Services, Inc. Sheet 1 of 2 Sheets MJG SECOND ADDITION I I I _ O T/l IA�r-- I p �/ir- 1 L/ V V V L_ O 0 I � I o I I i I S88 °55' 19 "E 678.03 I O 478.03 ' — — — — — —\ — — — — — — — — — — — — — — — — — — — — — — — o — 100.00 — 0 38.26 / 61.74 ,/ \ A A A T T DRAINAGE & UTILITY EASEMENT L 700.00 J I PER MJG ADDITION 1 20 FT UTILITY EASEMENT I /1 I{• PER THE PLAT OF MATT HOOLEYADDITION I I I o f I I I N I I I I 51 00 I I M C UTILITY Y ENAGE AI SEMENT - I r9 PER MJG ADDITION n^,r- o I -DRAINAGE & UTILITY EASEM ITI n l WI I I L-1 I I U I v M I I 1' - S88 °48'52 "E 185.35 - o151 z 5 --—— — — — —`^— — — — — — — — — I Ln I; I I I A IVI N io ` LOT 1 I I y ` I - —_ _ -- DRAINAGE & UTILITY EASEMENT ' N- PER MJG ADDITION I I I \` �-vT BLOCK I I C%< \ DRAINAGE & S88°50'38"E UTILITY EASEMENT -1 28 74 , J� O••�O \ I N01 °09'22"E<' �5 F_ �ON\ a� \ -------- S88 46'48"E I 198.95 30.77 �� 51 / I 15 1 \ \ 'i rn 1 A 4 A T -i- IVI/ \ I I 1p \ UTILITY EASEMENT PER Cc \ MJG ADDITION ° \ 51 z \ \ � S88°50'38"E 236.53 � \ 15 224.92 8.88 - , I Innl—�� N65°5320 , , L - �' N88°50'38"W 793.86 —o �\� — 80.72 — — _ _ �N01 ° 11 '22"E DRAINAGE &UTILITY EASEMENT - - SO 1 009'22 " W 30.00 n - 11.61 PER MJG ADDITION Vl N88050'38"W 740.25 - 19.12 26.21 � ' 9 /-1< to 51 LOT L Ln W I 1 S88°50'30"E 39.70 nn Ir- ^ UI VL_ c n I W ^^ �\ I I T/ /1 T /1 v L_,/l L_ v/ /—I — Z ( 1 v o A -°° ^/-1km LJ LJ I I I LJ I o DRAINAGE & UTILITY EASEMENT - o PER MJG ADDITION \ — _ — — — — — — — — — — — — r — — — i o - Ln N88050'38"W 279.64 - l w j I IL_L_VV/-1 o I w 0 W z J SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 32. - — — — 588°53'44"E- 2653.52 — SOUTH QUARTER CORNER SEC. 32-T30N-R20W FOUND WASHINGTON COUNTY CAST IRON MONUMENT SOUTHEAST QUARTER CORNER -�` SEC 32-T30N-R20W FOUND WASHINGTON COUNTY �\ CAST IRON MONUMENT 0 50 100 150 1 INCH = 50 FEET SCALE IN FEET O SET 1/2 INCH X 14 INCH CAPPED REBAR MN LICENSE NO. 43055 • FOUND MONUMENT O WASHINGTON COUNTY MONUMENT THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SEC. 32-T30N-R20W IS ASSUMED TO BEAR S88°5344"E SECTION 32 TOWNSHIP 30N RANGE 20W (NOT TO SCALE) I NW 1/4 NE 1/4 I I X ------- ----- ------------- CURVE CREST- BLVD._ I I I I I I I ------i L----------------------- TOWER DR. (�E r J4------- / SW 114 �\z qSITE ------- --------------------------------------------------------- MN HWY 36 Westwood Professional Services, Inc. Sheet 2 of 2 Sheets !44 Rocket Carwash - Stillwater, MN Schematic Rendering- looking North 02.22.2023 'CARWASH REGA I I � I T02 I ENGINEERING GROUP, INC. engineering & surveying TACK architects A4 Rocket Carwash - Stillwater, MN Schematic Rendering- looking South 02.22.2023 REGA ENGINEERING GROUP, INC. TD2 engineering & surveying architects Rocket Carwash - Stillwater, MN Schematic Rendering - looking South 02.22.2023 REGA ENGINEERING GROUP, INC. TO engineering & surveying architects TRAFFIC IMPACT ANALYSIS Ml*kden of Stillwater Stillwater, Minnesota DECEMBER 16, 2022 Westwood Traffic Impact Analysis Mikden of Stillwater Stillwater, Minnesota Prepared For: Michael Holdings, LLC 434 Hale Avenue North Suite 16o Oakdale, MN 55128 (651) 968-5845 Prepared By: Camie R. Ferrier, P.E., PTOE Westwood Infrastructure Inc. 1 Systems Drive Appleton, WI 54914 (920) 735-69oo I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Minnesota. Name: Camie R. Ferrier, P.E., PTOE Date: 12/16/2022 Minnesota Professional Engineering License: 58459 Project Number: Ro02O339.00 Table of Contents 1.o Executive Summary.......................................................................................1 2.o Introduction................................................................................................. 2 3.o Existing Conditions....................................................................................... 3 3.1 Existing Land Use....................................................................................................................................3 3.2 Adjacent Road Network..........................................................................................................................3 3.3 Parcel Access............................................................................................................................................4 3.4 Existing Lane Configuration and Traffic Control..................................................................................4 3.5 Data Collection.........................................................................................................................................4 4.o Future Conditions..........................................................................................5 4.1 Year 2023 Background Lane Configuration and Traffic Control..........................................................5 4.2 Year 2023 Background Traffic Volumes................................................................................................6 4.3 Trip Generation.......................................................................................................................................6 4.4 Trip Distribution...................................................................................................................................... 7 4.5 Trip Assignment...................................................................................................................................... 7 4.6 Year 2023 Full Buildout Lane Configuration and Traffic Control........................................................7 4.7 Full Buildout Condition Traffic Volumes...............................................................................................8 5. o Traffic Capacity Analysis............................................................................... 9 5.1 Operational Analysis Methodology........................................................................................................9 5.2 Operational Analysis............................................................................................................................. io 6.o Crash Analysis.............................................................................................. 11 7.o Drive-Thru Queueing Analysis.....................................................................12 8.o Conclusions and Recommendations............................................................13 Tables Tablei — Trip Generation...................................................................................................... 6 Table2 — Trip Distribution Summary....................................................................................7 Table3 — Level of Service Criteria......................................................................................... 9 Table4 — Crash Data Summary............................................................................................ 11 Westwood Figures Figure i - Study Area and Lane Identifier Figure 2 - Existing Year 2022 Lane Configuration and Traffic Control Figure 3 - Year 2022 Existing Traffic Volumes Figure 4 -Year 2023 Background (No -Build) Lane Configuration and Traffic Control Figure 5 - Year 2023 Background (No -Build) Traffic Volumes Figure 6 -Year 2023 Project Buildout Lane Configuration and Traffic Control Figure 7 - Proposed Trip Distribution Figure 8 - Proposed Trip Assignment Figure 9 - Year 2023 Total Traffic Volumes Appendices Appendix A: Traffic Count Data Appendix B: Historical Traffic Data Appendix C: Trip Generation Appendix D: VISTRO Capacity Analyses Appendix E: Crash Data Appendix F: Caribou Coffee Site Plan with Vehicle Stacking Westwood 1.0 Executive Summary Westwood Professional Services, Inc. (Westwood) has been retained by Michael Holdings, LLC to prepare a Traffic Impact Analysis (TIA) for the Mikden of Stillwater Site located between the intersections of Washington Avenue at Tower Drive and Washington Avenue at W. Frontage Road in Stillwater, Washington County, Minnesota. The site is proposed to be redeveloped to include a Caribou Coffee and a carwash in the south portion of the existing parking lot. The purpose of this study is to the traffic impacts of the redevelopment at the following two intersections: Washington Avenue and West Frontage Road Washington Avenue and north full access driveway This traffic impact study contains analysis of the following: • Traffic forecast • Trip generation • Trip distribution and traffic assignment • Traffic Capacity analysis • Drive-Thru Queueing Analysis These analyses were performed for the existing (Year 2022), background (Year 2023) and full - build out (Year 2023) Conditions. For the purpose of this study, LOS D was used to define acceptable peak hour operating conditions. All intersections are anticipated to operate with acceptable LOS in the AM and PM peak hours with the following exceptions: Washington Avenue and Frontage Road 2022 Existing • Overall LOS = E in the pm peak • Westbound Left LOS = E 2023 Background • Overall LOS = E in the pm peak • Westbound Left LOS = E 2023 Full Buildout • Overall LOS = E in the pm peak • Westbound Left LOS = E Although the level of service for the Washington Avenue and Frontage Road intersection is an LOS = E, the analysis shows that the LOS does not change with the addition of traffic from the project site. Improvements to the study locations are not recommended since the traffic impacts from the site are minimal. The project site driveways will operate at an acceptable LOS. The queuing analysis shows that the anticipated queueing for the Caribou coffee will be accommodated onsite. Queuing for the carwash will also be accommodated onsite. 1 I Confidential and Proprietary. TBPLS Firm #10074302 2.0 Introduction Westwood Professional Services, Inc. (Westwood) was retained by Michael Holdings, LLC to prepare a Traffic Impact Analysis (TIA) for the Mikden of Stillwater project. The Mikden of Stillwater project includes the construction of a new Caribou Coffee shop with a gross building size of 629 square feet and a carwash with 1 automated car wash tunnel in the southern portion of the existing parking lot on Washington Avenue, south of Tower Drive in Stillwater, MN. Full buildout and occupancy of this project is expected to occur in the Year 2023. This TIA contains investigations of the potential impacts of the current development plan on the existing roadway infrastructure and recommendations for mitigating the identified impacts. The scope of the TIA is based on discussions with City of Stillwater staff on July 12, 2022. The Mikden of Stillwater Site is located between the intersections of Washington Avenue at Tower Drive and Washington Avenue at W. Frontage Road in Stillwater, Washington County, Minnesota. The purpose of this study is to the traffic impacts of the redevelopment at the following two intersections: Washington Avenue and West Frontage Road Washington Avenue and north full access driveway This traffic impact study contains analysis of the following: • Traffic forecast • Trip generation • Trip distribution and traffic assignment • Traffic Capacity analysis • Drive-Thru Queueing Analysis The analysis will be performed for the following scenarios: i. Existing Year 2022 Conditions 2. Background Year (No -Build) 2023 Conditions 3. Build -Out Year 2023 Conditions with project generated traffic The capacity analysis indicates that the LOS does not change for the study intersections as a result of traffic Based on the results of the analysis showing no change in the LOS, improvements to the study locations are not recommended due to the traffic impacts from the site. The project site driveways will operate at an acceptable LOS. The queuing analysis shows that the anticipated queueing for the Caribou coffee will be accommodated onsite. Queuing for the carwash will also be accommodated onsite. 2 1 Confidential and Proprietary. TBPLS Firm #10074302 3.0 Existing Conditions 3.1 Existing Land Use The project site is located near the intersections between the intersections of Washington Avenue at Tower Drive and Washington Avenue at W. Frontage Road in Stillwater, Minnesota. Currently, the site is vacant and is business park commons (BPC). The project site is 2.27 acres and is adjacent to the site of Harbor Freight Tools. The project site is located in the southern portion of the existing parking lot. 3.2 Adjacent Road Network Washington Ave is a four -lane urban roadway that runs north/south and is classified as a Major Collector per the MnDOT Functional Classification System Map. The speed limit on Washington Ave in the vicinity of the project site is 30 mph and the average daily traffic (ADT) was 7,192 vehicles per day (vpd) in 2021 per the MnDOT Traffic Mapping Application. Frontage Road West is a two-lane urban roadway that runs east/west and is classified as a Minor Collector per the MnDOT Functional Classification System Map. The speed limit on Frontage Road West in the vicinity of the project site is 30 mph and the average daily traffic (ADT) ranged from 3,001 vehicles per day (vpd) east of Washington Avenue to 3,56o (vpd) west of Washington Avenue in 2021 per the MnDOT Traffic Mapping Application. See the location map below and Figure 1— Study Area and Intersection Identifier for more details IW4 0 Eve", CvM UQU ors y. a , m� Project t� Location h — Slwkon u Z � d w • 0 M N-36 In 6:rtn it N bptn St N � Z o o a v� o o > - w > 1 2 OAK PARK HFIGHTS 0 2M WOOwM 10 TWOM I 1pY I PMWV I Ah&A Ou AOf I 0 Wp00. 0 Op•tS"WAN 3 1 Confidential and Proprietary. TBPLS Firm #10074302 3.3 Parcel Access Access to the parcel is provided through two existing driveways on Washington Avenue and two existing driveways on Tower Drive. One driveway is located approximately 125 feet north of the intersection of Washington Ave and Frontage Road West and is a right-in/right-out driveway due to the existing curbed median on Washington Ave and the proposed site design. The other driveway is located approximately 300 feet north of the intersection of Washington Ave and Frontage Road West and is a full -access intersection. There are two additional driveways to Tower Drive located on the north side of the site. These two driveways mainly service the existing Harbor Freight Tools building located on the north side of the project site. 3.4 Existing Lane Configuration and Traffic Control The Washington Ave / W Frontage Road intersection is currently unsignalized with side -street stop control. The Washington Ave / North Driveway is also unsignalized with side -street stop control. Existing lane configurations and traffic control at the study intersections are shown in Figure 2. 3.5 Data Collection Vehicle and truck turning movement counts were collected during the a.m. and p.m peak hours on Wednesday, August 24, 2022, at the following study locations: Washington Avenue and West Frontage Road Washington Avenue and north full access driveway In addition, historical annual average daily traffic (AADT) volumes within the study area were obtained from the Minnesota Department of Transportation (MnDOT) Traffic Mapping Application. The approximate 2021 AADT volumes are 7,190 vehicles per day (vpd) for Washington Avenue and 3,56o vpd for W Frontage Road. A summary of the peak hour count data at the study locations is provide in Figure 3. The peak hour count data sheets are provided in Appendix A. 4 1 Confidential and Proprietary. TBPLS Firm #10074302 w • • CURVE CREST BLVD Ln 'TO R DR•W _ c� - '� �d ♦ � .awe .• ` W FRONTAGE RD 1 .� ❑ W FRONTAGE RD _ 60TH ST N 60TH ST N — lb .. _41 MIKDEN OF STILLWATER- STILLWATER, MN STUDY AREA AND INTERSECTION IDENTIFIER �X STUDY INTERSECTION IDENTIFIER XO PROJECT DRIVEWAY IDENTIFIER Phone (952) 937-5150 Sevier Itz 12701 Whitewater Drive, Suite 300 vw—rvrr Minnetonka, MN 55343 MIKDEN OF STILLWATER- STILLWATER, MN EXISTING YEAR 2022 LANE CONFIGURA11ON AND TRAFFIC CONTROL W FRONTAGE RD WASHINGTON AVE 1 O 0 L too' W FRONTAGE R loci' —� �7 Z I I o O U o Uo Z a NORTH DRIVEWAY WASHINGTON AVE 2 O 0 L 1� 50' NORTH DRIVE z � o 0 O o U m Z V21 LEGEND XXX' STORAGE LENGTH IF NO DIMENSION TURN LANE TRANSITIONS FROM A THRU LANE OR IS CONTINUOUS LANE CONFIGURATION OPROJECT DRIVEWAY IDENTIFIER �X STUDY INTERSECTION IDENTIFIER STOP STOP CONTROLLED APPROACH FIGURE 2 Vvmtwooci Phone (952) 937-5150 VoEmmammmami no 2"VIII11m Irs 12701 Whitewater Drive, Suite 300 vrt Minnetonka, MN 55343 MIKDEN OF STILLWATER- STILLWATER, MN YEAR 2022 EXISTING TRAFFIC VOLUMES W FRONTAGE RD WASHINGTON AVE 1 O 0 m � � 00 k—9(27) F 9(35) 19(101) FRONTAGE R T 4(5)—j aEl 13(19) ---3- 57(129)� p -� M n M � � U o a NORTH DRIVEWAY WASHINGTON AVE 2 o O M v M k— 4(3) Ej ,, y - 7(9) RTH DRIVEWAY 0(3) 0(1) 1(14) a I p � p v U � O = N N LE<E R/ PUBLIC STREET STUDY INTERSECTION X I IDENTIFIER OPROJECT DRIVEWAY IDENTIFIER <-- XX(XX) AM(PM) PEAK HOUR TRAFFIC VOLUME t,)p STOP CONTROLLED INTERSECTION FIGURE 3 Vvmtwooci Phone (952) 937-5150 grv� Irs 12701 Whitewater Drive, Suite 300 vrt Minnetonka, MN 55343 4.0 Future Conditions The proposed project consists of constructing a new Caribou Coffee shop with a gross building size of 629 square feet in the southern portion of the existing parking lot on Washington Avenue, south of Tower Drive in Stillwater, MN. Access to the site will be provided via the existing driveways. One driveway is located approximately 125 feet north of the intersection of Washington Ave and Frontage Road West and will be a right -in only driveway due to the existing curbed median on Washington Ave and proposed site layout. The other one driveway located approximately 300 feet north of the intersection of Washington Ave and Frontage Road West and is a full -access intersection. There are two additional driveways to Tower Drive located on the north side of the site. See Site Plan below for additional information. 4.1 Year 2023 Background Lane Configuration and Traffic Control The year 2023 background lane configuration and traffic control at the study area intersections are expected to remain unchanged from the existing condition and are shown in Figure 4 5 1 Confidential and Proprietary. TBPLS Firm #10074302 4.2 Year 2023 Background Traffic Volumes As part of the traffic study, the historical traffic volumes in the area of the Mikden of Stillwater site were reviewed. Historical traffic data was obtained from MnDOT Traffic Mapping Application for three local roads (Washington Ave, Frontage Rd West, Curve Crest Blvd) and the major adjacent roadway (Highway 36). All three local roads show a decrease in traffic volumes. Excluding the 2020 volume, the AADT on Highway 36 has remained steady since 2018. See the historical traffic data in Appendix B for additional information. Based on this data, a traffic growth rate of 0.5% per year was applied to the 2022 peak hour turning movement counts at the study intersections. Although the data does not show an increase in traffic, providing for a small amount of traffic growth is a conservative approach. The year 2023 background traffic volumes are shown on Figure 5. 4.3 Trip Generation The lath Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Manual was used to estimate the number of vehicle trips that could be generated by the project. This manual is a standard reference used by municipalities and public agencies throughout the United States. The trip generation characteristics included in the manual are summarized by general land use type and are based on actual trip generation studies performed at numerous locations in areas of various populations. The overall trip generation for the proposed Mikden of Stillwater project Is based on fitted curve equations for a coffee/donut shop with a drive thru window (ITE Land Use Code 937). The resulting trip generation is summarized in Table 1. Additional information is in Appendix C. Table 1— Trip Generation ITE Trip Generation (11' Edition) Land Use Weekday Daily Trips AM Peak hour Trips PM Peak hour Trips (ITE Land Use In Out Total In Out Total In Out Total Code) Units Coffee/Donut 0.63 KSF 168 168 336 27 27 54 12 13 25 Shop with Drive Thru Window (937) Automated Car 1 Car Wash - - - - - - 39 39 78 Wash (948) Tunnel Automated Car 1 Car Wash 250 250 500 10 10 20 N/A N/A N/A Wash * Tunnel Total 418 418 836 37 37 74 51 52 103 - Not available from ITE Trip Generation Manual, lath Edition * Data interpreted based on traffic numbers provided by developer: • Weekdays: 2-7pm, varies 100-500 cars = 20 to ioo vehicles/hour • Weekends: loam-5pm, varies 300-700 cars = 43 to ioo vehicles/hour • Utilized the lower value weekday volume for the AM peak hour • Utilized the total of 500 cars for the weekday daily trips 6 1 Confidential and Proprietary. TBPLS Firm #10074302 ITE defines pass -by trips as trips that are "made as intermediate stops on the way from an origin to a primary trip destination without a route diversion". Pass -by trips are attracted from traffic passing the site on an adjacent street or roadway that offers direct access to the generator. ITE has not identified any pass -by trip rates for the proposed land uses, therefore, pass -by trips for this development were not calculated. 4.4 Trip Distribution The proposed trip distribution of project traffic quantifies the percentage of project -generated traffic that arrives and departs the project site in each direction. It is based on the existing roadway network, proposed site access, internal circulation and engineering judgement. Based on the proposed site layout, it is anticipated that the majority of traffic will utilize the two driveways on Washington Avenue. The proposed trip distribution for the project site is listed below in Table 2 and shown on Figure 7. Table 2 — Trip Distribution Summary Trip Distribution To / from the east on 10% W Frontage Road To / From the west on 10% W Frontage Road To / From the north on 10% Washington Ave To / From the south on 70% Washington Ave Total 100% 4.5 Trip Assignment Project traffic assignment was calculated by applying the trip distribution percentages found in Table 2 to the project trip generation found in Table 1. A Vistro model was prepared to distribute and assign the external project trips that were expected to be generated from the Mikden of Stillwater project throughout the study roadway network. The model uses zones to replicate specific areas or land uses within a development plan, links to replicate the roadway network, and gates at the boundary of the model to balance inbound and outbound traffic flows. The resulting traffic assignments at the study intersections and project driveways for the Mikden of Stillwater project are illustrated in Figure 8 for the primary trip assignment. The inbound and outbound trip generation is rounded to the nearest whole number when assigned in Vistro to the distribution percentages. Therefore, the number of trips assigned to the study intersections may differ slightly from the total external trip generation in Table 1. 4.6 Year 2023 Full Buildout Lane Configuration and Traffic Control The year 2023 background lane configuration and traffic control at the study area intersections are expected to remain unchanged from the existing condition and are shown in Figure 6. 7 1 Confidential and Proprietary. TBPLS Firm #10074302 4.7 Full Buildout Condition Traffic Volumes The combined impact of background traffic and project traffic on the surrounding roadway network was determined by adding the project traffic assignment from Figure 8 to the Year 2023 background traffic volumes in Figure 5. The traffic volumes illustrated in Figure 9 represent the anticipated traffic conditions in the study area at the time the project is fully constructed and occupied in the Year 2023. 8 1 Confidential and Proprietary. TBPLS Firm #10074302 I Water THE BIRTHPLACE OF M I N N E S O T A DATE: May 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: Summer Tuesdays Event Application and Contract BACKGROUND Summer Tuesdays, Inc. has submitted an event application for their 2023 special event permit. As with previous years, the reoccurring community event would occur on Tuesday evenings in July to August. Six Tuesday nights are planned between July 11, 2023, through August 15, 2023. This free community event features live music, food and merchandise vendors and a movie in the park. Their event activities include doing the movie in the amphitheater, only using parking lot 5 (the smaller lot) for food vendors and the retail vendors will be in the park. They would need to provide their own barricades, portable restrooms and trash service. There is a plan B for high water. They would use the patio area west of the Amphitheater for the band and movie screen. The Water Street Inn's parking lot and city parking lot 5 for the vendors. Below are the fees the event organizers would be charged based on the current 2023 Fee Schedule. The event organizers are requesting that the City Council to waive the Base fees for their event which would equal a total of $3,000. $1000.00 Security deposit On File $100.00 Application fee $300 for 1-10 Food Vendors ($50 x 6 days) $600 for Parking Lot # 5 ($100 x 6 days) $3,000.00 for the Base Fee ($500 x 6 days) Total Remaining Due = $4,000.00 ACTION REQUIRED: If Council wishes to approve this event application and contract, they should pass a motion approving the 2023 Summer Tuesdays' event application including an exception to the 10 PM noise ordinance and go into a contractual agreement with them. Also, if the City Council decides to waive the base fees, they should make a motion to approve waiving those fees. Attachments: Contract, Site Plan and Fee Waiver Request Letter. 2023 SUMMER TUESDAYS EVENT AGREEMENT THIS AGREEMENT (the "Agreement") is made this 21d day of May, 2023 by and between the CITY OF STILLWATER, Washington County, Minnesota (the "City"), and the SUMMER TUESDAYS, INC., a Minnesota nonprofit corporation (the "Organizer"). WHEREAS, in light of the foregoing, the Organizer wishes and the City will permit Summer Tuesdays Inc. to organize and conduct to celebrate summer with a Market, Music and a Movie at Lowell Park, in July and August 2023 in order to foster and promote tourism within the City of Stillwater 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 Festival agree as follows: 1. Security Deposit: A damage deposit of $1000.00 is required in case there is damage to irrigation systems and the City's park. 2. Event/Alcohol. No alcohol will be served during this event. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor. 4. 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. 5. Dates and Hours of Event. Operations are limited as follows: July 11, 18, 25 and August 1, 8, 15 (6 dates) Setup Time: 1:00 p.m. to 5:00 p.m. Event Time: 5:00 p.m. to 11:00 p.m. Clean Up Time: 10:30 p.m. to 11:30 p.m. 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. Use of Parking Lots. The organizer is aware and will inform all vendors and event participants that staking into the asphalt for tents, etc. is not allowed (any damage repair will be paid for by the event organizer). The Event is given use of Lot 5. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. Use of City Parking Lots in the event of flooding. The City prefers the Association to stage the event 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. If in the opinion of the City, public parking lots will be needed, then the preferred lot for use would be Lot 4. These lots will be available to the Association exclusively on the Tuesday events. 8. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 9. Park Property. Lessee 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 can be damaged by stakes or posts that are driven into the ground. 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. Further, as insurance against damage, a deposit must be made and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the event. Organizer shall request the City to locate the irrigation system prior to event. 11. City Services. The type and amount of materials needed for the Event will be determined by the Parks Superintendent. The Organizer shall be required to get 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. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restrooms. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Parks Superintendent. b. Barricade Placement. Lessee may at 8:00 am place barricades at the parking lot #5 entrance on Myrtle Street. c. 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. d. Electricity and Water. Each electrical box needed for the Event will be opened by the City prior to each event. 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. e. The City shall provide Organizer a key for the water shut off valve if needed. The Organizer shall provide a $50 deposit and be reimbursed upon return of said key. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the Wednesday following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, Wednesday 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. Vendors. No camping. The Organizer agrees to inform any vendors that there is no camping permitted in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. 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 Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the 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 1 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 12. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event's authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 13. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 14. The Application for the Event as submitted by the Organizer 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. 15. The Organizer hereby agrees to follow the City's Special Event Policy. [remainder of page intentionally blank] IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. CITY OF STILLWATER Ted Kozlowski, Its Mayor Attest: Beth Wolf, City Clerk SUMMER TUESDAY'S INC. Cory Buettner, President Lot 11 Lot 10 i mac'\ ���� LL&8Lah �� 2023 SUMMER TUESDAYS Tue 4/25/2023 Dear Mayor and City Councilmembers, We respectfully request that the City of Stillwater waive the base event fees (6 @ $500) for the 2023 Summer Tuesdays event series, like you did in 2022. In exchange we would list the City as a sponsor. For the past few years the Police have been a part of our vendor market and we would welcome that again. The Tuesday evening event includes a market, live music and a movie on the waterfront starting July 11th. All are welcome, but our audiences are largely made up of Stillwater families. It's going to be great to see our neighbors and friends again. We produce this event for the enjoyment and good of our community. Our organization, Summer Tuesday, Inc, is a nonprofit that supports other local nonprofits and we do so with proceeds from our events. Reducing costs allows us to run our events in a way that ensures we can continue the following year and stick to our mission/motto. The motto of STI is "Here for Good"; it has two meanings. The events are "here for good" with plans to keep the events running year after year. STI is "here for good" by partnering with a variety of nonprofits in Stillwater. We share a portion of our profits from our events with them. We have donated to Valley Outreach Food shelf, Valley Friendship Club, United Way of Stillwater, Stillwater Kiwanis, Stillwater Baseball, Stillwater Lions, Salem Lutheran, Watermark Church, Youth Advantage, Community Thread, Zephyr Theater and more. Summer Tuesdays plans on entertaining Stillwater families on the waterfront for the 21st year and with your support we can confidently continue that tradition. Thank you for considering our request. Sincerely, Cassie McLemore Event Coordinator Summer Tuesday, Inc 1 water T H E B IRTHPLACE OF MINNESOTA DATE: Apruil 28, 2023 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: 2023 Stillwater July 4t" Celebration Planning for Stillwater's 2023 July 4th Celebration is underway. Staff has been able to obtain commitment from previous years' music and entertainment providers. • RES Pyrotechnics will again provide the City's 4th of July fireworks for 2023. The contractor will provide all materials, equipment, licensed operators, obtain all necessary permits and obtain required liability insurance for the event. The total cost of the fireworks is $46,000. • St. Croix Jazz Orchestra who performs at Pioneer Park for two hours prior to the fireworks, is requesting support from the City in the amount of $3,000. • Paul Barber of BAM! Productions will provide two bands at the Lowell Park amphitheater. The two bands are Capital Sons who will start at 5:30 pm and Bootleg who starts at 8 pm. The cost this year will be $6,800. • Jim Coughlin with Battery I, 1st US Artillery will provide the civil war cannons down on Mulberry Point at a cost of $2,450. Staff would like to discuss not having the cannons fired during the fireworks. The City received several complaints last year that we aren't being sensitive to Veterans with PTSD nor do we provide warning that the cannons will be fired during the fireworks. During the daytime hours, it's easy to see when the cannons will be fired but not when its dark. The total cost for these four items is $58,250. The City adopted the 2023 Special Events budget of $48,000 and also budgeted $12,000 for donations. Solicitation of donations has begun. ACTION REQUESTED If Council is in favor of having fireworks for the 4t" of July, they should pass a motion approving the agreement with RES Pyrotechnics. Further, if Council wishes to have the additional activities and associated costs as noted above, then Council should pass a motion approving St. Croix Jazz Orchestra, BAM! Productions and the performance contract with Battery I, 1st US Artillery and provide directions on the schedule of firing the cannons. 21595 286TH STREET I BELLE PLAINE, MN I P: 952 873 3113 I INFO@RESPYRO.COM I WWW.RESPYRO.COM Thursday, March 30, 2023 City of Stillwater 216 4th Street N Stillwater, MN 55082 We are delighted to design another fireworks program for the Stillwater Fourth of July Celebration on July 4, 2023. We will be incorporating the following segments into your show: Pyro Musical sound system, Opening Barrage, Main Show Body, Select Patriotic Shell, Signature Pattern Shell, Multiple Effects Barrage Cake, and Grand Finale. Our show design uses piled, stacked and multi-break shells. Our displays are electronically fired for added safety. Our proposal lists the size, shell effect and quantity of shells for your fireworks display. Our show design uses piled, stacked and multi-break shells. They will be used to design the following parts of the show: • Opening Barrage • Main Show Body • Select Patriotic Shell • Signature Pattern Shell • Multiple Effects Barrage Cake • Grand Finale Understanding your vision is important to us. That’s why we listen to your needs and expectations so we can create the kind of show that you’ve imagined. We deliver what we say we will, making sure you are satisfied. Our displays are a turnkey operation and are coordinated with your event. The entire show is electronically fired for added safety. The total cost will be $46,000.00. The fireworks portion of your budget is $42,000.00 and the cost to include pyromusical sound system is $4,000.00. This includes all materials, equipment, certified display operators, necessary permits, and $5 million liability insurance. We look forward to adding a little magic to the air at your event. I’m more than happy to answer any other questions you may have. We also invite you to contact the references listed in our booklet. Sincerely, Ervin J. Haman Director of Business Development RES Pyro 21595 286TH STREET I BELLE PLAINE, MN I P: 952 873 3113 I INFO@RESPYRO.COM I WWW.RESPYRO.COM DISPLAY CONTRACT AGREEMENT THIS AGREEMENT, made and entered into on this 30th day of March, 2023 between RES Pyro hereafter referred to as the SELLER and City of Stillwater, hereafter referred to as the BUYER. IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS: Service Provided Outdoor Fireworks Display Date(s) Tuesday, July 4, 2023 Time 10:00 pm (approximately) Duration 18-21 minutes (depending on intensity) Location St. Croix River on barge, Stillwater, MN Event Sponsor City of Stillwater OBLIGATIONS OF SELLER: SELLER shall provide all materials, equipment and personnel necessary to perform the above-mentioned display. SELLER is required and will comply with NFPA 1123, Code for Outdoor Display of Fireworks, 2018 edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2016 edition. SELLER shall provide a Certificate of Liability Insurance in the amount of $5,000,000.00 to cover the fireworks display and cleanup. BUYER shall be listed as Certificate Holder on the Certificate of Liability Insurance. All individuals/entities listed on the certificate of liability insurance will be deemed an additional insured per this contract. OBLIGATIONS OF BUYER: BUYER shall provide a suitable location for firing of the fireworks display. BUYER shall provide and cover all costs for security of the display site and cleanup beyond the launch area of the display site. TERMS AND CONDITIONS: The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude upon the completion of the display. However, if before the date of the scheduled performance, the BUYER has not performed fully its obligations under the terms of this agreement or that the financial credit of the BUYER has been impaired, the SELLER may cancel this agreement at any time. In the event the BUYER does not perform fully all of its obligations herein, the SELLER shall have the option to perform or refuse to perform hereunder, and in either event the BUYER shall be liable to the SELLER for any damages, compensation or costs incurred including but not limited to attorney and court fees in addition to the compensation herein. The SELLER shall retain the right to stop or interrupt the display at any time if, in the opinion of the SELLER, conditions have become unsafe. In event of rain, fireworks may be rescheduled at a mutually agreeable date. PAYMENT: Contracted amount: $46,000.00 inclusive of sales tax, if applicable. This amount includes $4,000.00 for the sound equipment from Icabod Productions. Contracted amount includes fire watch and permit fee. All payments shall be paid by BUYER to and in the name of RES Pyro in the form of a company check, certified bank check, money order, or cash. CANCELLATION: In the event the BUYER cancels this agreement any time during the contract period, the SELLER shall be entitled to and receive 35% of the contracted fee for the remainder of the contract period plus compensation for any pre- and post-production costs incurred. THIS AGREEMENT is the whole agreement of the parties’ above named. No representation inducement or agreement has been given by one to the other to enter into this agreement other than expressly set forth herein. This agreement shall not be altered, modified, or amended except in writing by a duly authorized officer of each party. IN WITNESS WHEREOF, the parties hereunto set their names on the day and year listed below. CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS. BUYER: SELLER: Erv Haman - RES Pyro Title: Title: Director of Business Development Signature: Signature: Date: Date: 3/30/2023 City of Stillwater Ted Kozlowski, Mayor 5/2/2023 FFIIRREEWWOORRKKSS DDIISSPPLLAAYY PPRROOPPOOSSAALL FFOORR CCIITTYY OOFF SSTTIILLLLWWAATTEERR 77//44//22002233 NNOONNDDIISSCCLLOOSSUURREE The material contained in this document is confidential and is for review only by those directly involved in awarding this bid. This document may not be copied or reproduced in any fashion without written consent of RES Pyro. CCOONNFFIIDDEENNTTIIAALLIITTYY Our ideas, concepts and creativity are our livelihood. Your respect for our confidentiality is appreciated. FFiirreewwoorrkkss DDiissppllaayy PPrrooppoossaall ffoorr CCiittyy ooff SSttiillllwwaatteerr 77//44//22002233 WWhhaatt''ss iinn MMyy FFiirreewwoorrkkss DDiissppllaayy?? We chose a broad spectrum of local and international products for the CCiittyy ooff SSttiillllwwaatteerr. They include a carefully selected variety of Chinese, Taiwanese, Japanese and domestic fireworks, plus our own custom-manufactured products. The high-quality shells we use are chosen and crafted for their wow factor. Nearly all of them feature tailed and rising eect designs. This makes it easy for audiences to watch the fireworks streak up from the ground through the sky and burst into color overhead. HHooww iiss MMyy FFiirreewwoorrkkss DDiissppllaayy PPrreesseenntteedd?? The success of your fireworks show depends on the execution of your display. We understand the dierence between "throwing a bunch of stu into the air" and creating a synchronized visual and aural experience. Over the years, we've determined the most eective display setup for an awe-inspiring presentation. We use an angled rack setup to cover a greater area of the sky. A variety of eects are shot simultaneously into the air in a "V" pattern, filling two separate areas of the sky with identical paterns. All fireworks for the CCiittyy ooff SSttiillllwwaatteerr will be shot by a sophisticated computer firing system. You can expect: • A preloaded fireworks show • Precisely-timed choreography • No large gaps of time with only a black sky • Easier control of show pacing • Multiple firings • Added safety for the audience and sta (limited handling of shells in the dark) Your shows's themes will be highlighted throughout our choreography, helping the audience better connect with and appreciate your event. FFiirreewwoorrkkss ddiissppllaayy pprrooppoossaall ffoorr tthhee CCiittyy ooff SSttiillllwwaatteerr WWhhaatt''ss iinn tthhee MMaaiinn SShhooww BBooddyy ooff MMyy FFiirreewwoorrkkss DDiissppllaayy Here's a list of the types of products you'll find in your fireworks display: • Color and report shells • Pattern shells, e.g., hearts, hourglass, stars, butterflies, rings • Eect shells, e.g., whistles, serpents, tourbillions • Strobe and shimmer eects • Glitter and tremalon shells • Crackling and crossette shells • Traditional Japanese shells, e.g., diadems, Saturns, palms, chrysanthemums Shells from the following manufacturers will be displayed: Lidu, Glorious, Kanto, ICON, Sunny, Legion, San Tai, Yung Feng, U.S. Designer, AM Pyro, Flashing Thunder, Vulcan, & RES Pyro. For the CCiittyy ooff SSttiillllwwaatteerr, we'll also include a unique segment of signature pattern shells. These shells capture audience's attention with exciting patterns in the sky, like Saturn rings, colored stars with rings, smiley faces, jellyfish, concentric rings, poinsettias and hearts. We'll also include a red, white and blue patriotic segment to showcase our country's colors. A variety of shell eects and designs will be used to highlight the colors of our flag. There may be modifications to the listed products due to inventory availability, nature of the site and product upgrades. WWhhaatt ccaann II EExxppeecctt iinn mmyy FFiirreewwoorrkkss FFiinnaallee?? There'll be no mistake when your grand finale begins. The sky will illuminate with dazzling colors, becoming louder and more brilliant as the finale progresses. We're able to create this kind of experience by using multiple levels of eects. They appear to morph into waves of glittering colors that continue to increase in intensity until the pinnacle - complemented by breathtaking fancy color shells overhead. FFiirreewwoorrkkss ddiissppllaayy pprrooppoossaall ffoorr tthhee CCiittyy ooff SSttiillllwwaatteerr SShhoowwss ffoorr RReeffeerreennccee City of Lakeville Patty Dexter 952-985-4610 Slice of Shoreview Jacci Krebsbach 651-483-2416 City of Bloomington Mark Morrison 952-563-8693 Maple Grove Days Mike Kinnan 763-424-4365 City of Eden Prairie Jes Schrom 952-949-8304 Excelsior Chamber of Commerce Jen Weiss 206-445-4075 Saint Paul Saints Baseball Derek Sharrer 651-644-3517 Minnesota Twins Baseball Matt Hoy 612-659-3651 City of Minnetonka Sara Woeste 952-939-8316 City of Stillwater 7/4/2023 $42,000 Grand Total of Eects in Display Total Materials Used by Size 2126 240 312 105 180 62 6 4 451 3 Inch 4 Inch 5 Inch 6 Inch 8 Inch 10 Inch Barrages Ascending Eects 1360 CCiittyy ooff SSttiillllwwaatteerr 77//44//22002233 OOppeenniinngg BBaarrrraaggee QQttyySSiizzee Finale Titanium Salute w/Heavy Report & Crackling Tail 3 12 Finale Red White & Blue Variegated Chrysanthemum w/Red Tail 3 12 Finale Glittering Coconut Tree w/Crackling Tail 4 9 Gold & Silver Time Rain Peony w/Coconut Pistil & Silver Tail 4 2 Blue to Time Rain w/Silver Tail 4 2 Glittering Silver Chrysanthemum to Orange w/White Flashing Pistil 4 2 Yellow Chrysanthemum w/Cherry Pistil & Silver Tail 4 2 Purple to Gold Crackling Chrysanthemum Flower & Purple Tail 4 2 Flower Wave w/Red Strobe Pistil & Brocade Tail 5 2 Blue Chrysanthemum w/Blinking White Pistil & Brocade Tail 5 2 Glittering Chrysanthemum to Orange w/Purple Pistil & Silver Tail 5 2 Cherry to Lemon Chrysanthemum w/Violet Pistil & Silver Tail 6 2 Red to Silver w/Red Brocade Pistil & Red Tail 6 2 Thousands Color Chrysanthemum w/Crackling & Whistling Tail 6 2 Chrysanthemum w/Many Layers Pistil & Rising Flowers 8 1 Gold Wave to Silver w/Red Flash Pistil & Rising Green Flowers 8 1 Silver Wave to Rainbow w/Silver Time Rain Crossette Pistil 10 1 5588TToottaall OOppeenniinngg BBaarrrraaggee EE eeccttss iinn DDiissppllaayy CCiittyy ooff SSttiillllwwaatteerr 77//44//22002233 44 IInncchh MMaaiinn SShhooww QQttyySSiizzee Purple Chrysanthemum w/Cyan Pistil & Brocade Tail 4 4 Blue Chrysanthemum w/Cherry Pistil & Silver Tail 4 4 Gold & Purple Peony w/Red Wave Tail 4 4 Orange Peony w/Silver Palm Tree Pistil & Silver Tail 4 4 Blue Peony w/Red Strobe Coconut & Green Pistil & Green Tail 4 4 Glittering Gold Chrysanthemum to Green w/Gold Tail 4 4 Magenta Chrysanthemum w/Lemon Pistil & Brocade Tail 4 4 Red Gamboge to Aqua w/White Blinking Pistil & Brocade Tail 4 4 Violet & Lemon to Flash Peony w/Silver Tail 4 4 Brocade Gold Chrysanthemum w/Violet Pistil & Gold Tail 4 4 Red Wave w/Gold Crackling Chrysanthemum Pistil & Red Tail 4 4 Violet Chrysanthemum w/Chartreuse Pistil & Brocade Tail 4 4 Purple Wave w/Gold Crackling Chrysanthemum Flower Pistil & Tail 4 4 Orange Chrysanthemum w/Turquoise Pistil & Brocade Tail 4 4 Gold Spangle Chrysanthemum in Purple Circle w/Gold Tail 4 4 Half Magenta Half Grass Green Peony w/Brocade Tail 4 4 Red Dark Lemon Peony w/Blue Crossette Pistil & Silver Tail 4 4 Grass Green Dark Gold Glitter Peony w/Brocade Tail 4 4 Gold Wave to Violet w/Gold Crackling Chrysanthemum Flower Pistil 4 4 Red White & Blue Chrysanthemum w/White Strobe Pistil & Red Tail 4 4 Gold Wave to Cherry w/Gold Crackling Chrysanthemum Pistil & Gold Tail 4 4 Silver Wave to Blue w/Brocade Red Pistil & Red Tail 4 4 Lemon Chrysanthemum w/Mag Green Pistil & Brocade Tail 4 4 Silver to Grass Green to Cherry Peony w/Silver Tail 4 4 Cyan Peach & Violet Chrysanthemum w/Popping Flower Pistil 4 4 Flower Ring (Peach Lemon & Grass Green) w/Silver Tail 4 3 Rainbow Ring w/Silver Tail 4 4 Red Star w/Silver Shooting Stars & Silver Tail 4 3 Spiral Ring Cherry & Sea Blue Alt Stars w/Whistling Tail 4 3 Lemon Ring in Orange Ring in Aqua Ring w/Rising Flowers 4 3 Silver Bowtie in Turquoise Ring w/Brocade Tail 4 3 Gold Wave to Double Magenta & Sea Blue Ring w/Brocade Tail 4 3 Red Heart w/Shooting Silver Stars & Silver Tail 4 3 Gold Glitter to Green Crossette w/Green Tail 4 4 Varigated Crossette w/Glitter Coconut Core & Glitter Tail 4 4 Blue Dahlia w/Red Strobe Pistil & Red Strobe Tail 4 4 Golden Strobe w/Blue Dahlia Pistil & Red Strobe Pistil & Gold Tail 4 4 CCiittyy ooff SSttiillllwwaatteerr 77//44//22002233 Magenta Dahlia w/Lemon Strobe Pistil & Magenta Tail 4 4 New Color Crossette w/White Flash Pistil & White Tail 4 4 Violet Dahlia w/Crackling Pistil & Gold Tail 4 4 Silver Crackling Flower Crossette w/Crackling Tail 4 4 Multicolor Bees w/Whistles & Whistling Tail 4 4 Silver Palm w/Red Tip & Silver Strobe Pistil & Red Tail 4 4 Coconut Palm w/Red Dahlia Pistil & Red Wave Tail 4 4 Glittering Coconut Tree w/Flashing Red Pistil & Silver Tail 4 4 Crackling Spider w/White Flashing Pistil & Crackling Tail 4 4 Silver Time Rain Coconut Tree w/Crackling Tail 4 4 Gold Spider w/Mag Green Pistil & Gold Tail 4 4 Kamuro w/White Flashing Pistil & Brocade Tail 4 4 Diadem Chrysanthemum w/Red Strobing Pistil & Brocade Tail 4 4 Silver Crown to Orange w/Purple Pistil & Brocade Tail 4 4 Cracking Nishiki Kamuro w/Blue Pistil & 3 Tails 4 4 Purple Diadem to White Flashing w/Purple Tail 4 4 Red to Lemon Flashing Big Willow w/Silver Tail 4 4 Brocade Crown to Crackling Willow w/Crackling Tail 4 4 Gold Kamuro w/Blue Pistil & Gold Tail 4 4 Gold Brocade Crown w/Green Pistil & Gold Tail 4 4 Crackling Willow w/Red Strobe Pistil & Crackling Tail 4 4 Kamuro to Seablue w/Silver Tail 4 4 222299TToottaall 44 iinncchh MMaaiinn SShhooww EE eeccttss iinn DDiissppllaayy CCiittyy ooff SSttiillllwwaatteerr 77//44//22002233 55 IInncchh MMaaiinn SShhooww QQttyySSiizzee Half Magenta to Lemon & Half Lemon to Magenta w/Silver Tail 5 2 Green to White Flash w/Red Crossette Pistil & Red Tail 5 3 Orange Green Yellow Three Floor Peony w/Silver Tail 5 2 Dark Changing Peony w/Coconut Pistil & Brocade Tail 5 2 Magenta to Crackling Chrysanthemum w/Blinking Pistil & Tail 5 2 Purple Wave to Aqua w/White Flashing Pistil & Brocade Tail 5 3 Diadem Chrysanthemum w/Red Strobing Pistil & Red Tail 5 2 Purple Peony w/Lemon Pistil & Brocade Tail 5 2 Yellow to Blue Chrysanthemum w/Orange Pistil & Silver Tail 5 2 Glittering Silver to Yellow to Green w/Green Tail 5 2 Blue Chrysanthemum w/Purple Comet Pistil & Blue Tail 5 2 Silver Wave to Blue w/Gold Crackling Chrysanthemum Pistil 5 2 Violet Turquoise & Lemon Chrysanthemum w/Popping Flower Pistil 5 2 Gold Wave Chrysanthemum to Strobing Ring w/Strobing Pistil 5 3 Red to Blue Chrysanthemum w/Flashing Lemon Pistil & Silver Tail 5 2 Red to Blue Cross Ring w/Silver Crackling Pistil & Blue Tail 5 2 Eclipse w/Gold Tail 5 2 Sunflower w/Grass Green Pistil & Silver Tail 5 2 Blue Ring in White Ring in Red Ring w/Red Tail 5 2 Gold Bowtie in Green Ring w/Brocade Tail 5 2 Half Red & Blue Ring w/Red to Blue & Blue to Red Pistil 5 2 Purple & Orange (Alt) Ring w/Purple Tai 5 2 Gold Glitter Crown Crossette w/Gold Tail 5 2 Green Flashing Dahlia w/Red Pistil & Whistling Tail 5 3 Blue Dahlia w/Silver Coconut Pistil & Silver Tail 5 2 Magenta Umbrella w/Lemon Strobe Pistil & Silver Tail 5 2 Silver Glitter to Red Crossette w/Gold Glitter Tail 5 3 Silver Palm w/Blue Tips & Crackling Pistil & Crackling Tail 5 2 Silver Coconut Tree w/Blue to Red Pistil & Brocade Tail 5 2 Gold Spider w/X-shaped Green Strobe & Red Pistil & Brocade Tail 5 2 Happy Stars Willow w/Crackling Tail 5 2 Brocade Crown to Silver Time Rain w/Silver Tail 5 3 Gold Orido Kamuro w/Blue Pistil & Gold Tail 5 3 7733TToottaall 55 iinncchh MMaaiinn SShhooww EE eeccttss iinn DDiissppllaayy CCiittyy ooff SSttiillllwwaatteerr 77//44//22002233 66 IInncchh MMaaiinn SShhooww QQttyySSiizzee Pink to Flower Wave w/Grass Green Pistil & Double Brocade Tail 6 2 Lemon Chrysanthemum w/Purple Pistil & Purple Tail 6 3 Red to White Flash w/Brocade Green Pistil & Purple Tail 6 2 Yellow to Green to White Flash w/Brocade Purple Pistil & Brocade Tail 6 2 Brocade Chrysanthemum to Red w/White Blinking Pistil 6 2 Gold Flashing w/Eight Pieces Chrysanthemum Pistil & Gold Tail 6 2 Glittering Gold Chrysanthemum to Purple w/Gold Tail 6 3 Orange to Cyan Peony w/Mag Red Pistil & Brocade Tail 6 2 Purple Sunflower w/Gold Glitter Palm Core & Brocade Tail 6 3 Red to Blue to Gold Crackling Chrysanthemum w/Crackling Tail 6 4 Red & Silver Three Tier Peony w/Big Happy Star Pistil & Tail 6 3 Lemon Pink Sea Blue Chrysanthemum w/Blinking White Pistil 6 3 Red Gamboge to Green to Purple w/Palm Core & Brocade Tail 6 2 Half Purple to Lemon Half Lemon to Purple Chrysanthemum 6 3 Silver Wave to Orange Flash Flower w/Purple Pistil & Purple Tail 6 3 Half Red Half Blue Chrysanthemum w/Silver Strobing Pistil & Tail 6 3 Thunderbolt Chrysanthemum w/Thunderbolt Pistil & Brocade Tail 6 3 Purple to Blue Chrysanthemum w/Drifting Lemon Flare Moon 6 2 Gold Wave to Silver w/Green Flash Pistil & Green Tail 6 3 Violet Peony w/Lemon Pistil & Silver Tail 6 2 Glittering to Green to Orange w/Spangle Pistil & Whistling Tail 6 3 Lemon to Magenta Peony w/White Blinking Pistil & Brocade Tail 6 2 Gold Wave to Purple w/Gold Flashing Pistil & Gold Tail 6 3 Red Wave w/White Strobe Pistil & Red Tail 6 3 Orange Chrysanthemum w/Magenta Pistil & Silver Tail 6 3 Silver Glitter Chrysanthemum w/Kaleidoscope Pistil & Red Tail 6 3 Brocade Gold to Purple Chrysanthemum w/Silver Tail 6 3 Red Blue & Green Ring w/Silver Crackling Chrysanthemum Flower 6 2 Brocade Crown Cover Violet Ring w/Brocade Tail 6 2 Silver Wave Ring w/Seven Red Stars & Silver Tail 6 2 Poinsettia Multicolor (Magenta Aqua Cyan & Lemon) w/Purple Tail 6 2 Red to Dark Green w/Three Brocade Crown Rings 6 2 Lemon Ring in Orange Ring in Aqua Ring w/Orange Tail 6 2 Silver Whirl Flower Ring w/Red Strobe Pistil & Silver Tail 6 2 Double Dark Rings Red in Green & Silver in Red w/Silver Tail 6 2 Eclipse Three Band Double Chase w/Gold Tail 6 2 Silver Time Rain Crossette w/Whistling Tail 6 3 CCiittyy ooff SSttiillllwwaatteerr 77//44//22002233 Purple w/White Strobe Dahlia & Crackling Pistil & Crackling Tail 6 3 Blue Dahlia w/White Strobe Pistil & Silver Tail 6 3 Mag Green Dahlia w/Silver Strobe Pistil w/Red Tail 6 4 Gold Glitter Crown Crossette w/Gold Tail 6 3 Red & Gold Crossette Chrysanthemum w/Red Tail 6 3 Multicolor Flying Stars w/Red Tail 6 4 Silver Spider w/Violet Strobe Pistil & Cherry Tail 6 3 Crackling Spider w/Coconut Pistil & Crackling Tail 6 3 Glittering Coconut Tree w/Crackling Tail 6 3 Silver Time Rain Coconut Tree w/Crackling Tail 6 3 Red Palm Tree w/Red Trunk & Brocade Tail 6 3 Silver to Purple Palm w/Purple Pistil & Silver Tail 6 3 Silver to Crackling Big Willow w/Crackling Tail 6 3 Diadem Chrysanthemum w/Palm Flower Core w/Silver Tail 6 3 Gold Kamuro to White Twinkling w/Orange Pistil & Gold Tail 6 3 Super Brocade Crown Waterfall w/Red Strobe Pistil 6 3 Happy Stars Willow w/Crackling Tail 6 3 Diadem Chrysanthemum w/Red Strobing Pistil & Red Tail 6 3 Kamuro Ending w/Purple Tips & Blinking White Pistil & Brocade Tail 6 3 115522TToottaall 66 iinncchh MMaaiinn SShhooww EE eeccttss iinn DDiissppllaayy CCiittyy ooff SSttiillllwwaatteerr 77//44//22002233 88 IInncchh MMaaiinn SShhooww QQttyySSiizzee Bright Violet Peony w/Crackling Balls in Circle 8 2 Silver Wave to Blue Flash Flower w/Purple Pistil & Purple Flower 8 2 Brocade Chrysanthemum w/Red to Blue Pistil & Silver Tail 8 2 Gold Flashing w/Eight Pieces Chrysanthemum Pistil & Gold Tail 8 2 Orange Lemon & Sea Blue Peony w/Rising Flowers 8 2 Gold Wave to Pink w/Sea Blue Pistil & Rising Sea Blue Flowers 8 2 Mag Purple to Turquoise Chrysanthemum w/Blinking White Pistil 8 2 Red to Blue Chrysanthemum w/Flashing Lemon Pistil & Red Tail 8 2 Red to White Flash w/Brocade Green Pistil & Green Tail 8 2 Glittering Gold Chrysanthemum w/Strobing Silver Pistil & Red Tail 8 2 Violet to Lemon Chrysanthemum w/Popping Flower Pistil & Tail 8 2 Three Pistils Red Blue & Spangle in Green Circle 8 2 Gold Wave Chrysanthemum to Red Strobing Ring w/Strobing Pistil 8 2 Rainbow Mag Color Dahlia w/White Strobe Pistil & Red Tail 8 2 Golden Flashing Crossette w/Silver Strobe Pistil & Gold Tail 8 2 Thousands Color Chrysanthemum w/Crackling & Whistling Tail 8 2 Gold Spider w/Blue & Orange Pistil & Gold Tail 8 2 Variegated Palm Flower w/Rising Flowers 8 2 Silver Time Rain Coconut Tree w/Crackling Tail 8 2 Crackling Spider w/Coconut Pistil & Crackling Tail 8 2 Brocade Crown to Red w/Gold Crackling Chrysanthemum Flower Pistil 8 2 Gold Kamuro w/Multicolor Palm Pistil & Whistling Tail 8 2 Kamuro w/Blinking White Strobe Pistil & Brocade Tail 8 2 Happy Stars Willow w/Flashing White Pistil & Brocade Tail 8 2 Brocade Diadem w/Red & Blue Pistil & Brocade Tail 8 2 Red Gamboge Crown to Blue w/Glitter Coconut Core & Tail 8 2 5522TToottaall 88 iinncchh MMaaiinn SShhooww EE eeccttss iinn DDiissppllaayy CCiittyy ooff SSttiillllwwaatteerr 77//44//22002233 1100 IInncchh MMaaiinn SShhooww QQttyySSiizzee Purple to Green Chrysanthemum w/Jetting Comets 10 1 Silver Crossette w/Red Crackling Pistil & Crackling Tail 10 1 Japanese Double Palm Tree w/Rising Small Flowers 10 1 33TToottaall 1100 iinncchh MMaaiinn SShhooww EE eeccttss iinn DDiissppllaayy CCiittyy ooff SSttiillllwwaatteerr 77//44//22002233 MMuullttiippllee EE eeccttss BBaarrrraaggeess QQttyySShhoottss 300 Shot Rainbow to Crackling 8 Shape 300 x 1 1 150 Shot Brocade Green Crossette to Red & Silver Dahlia 150 x 1 1 210 Shot X Red & Orange Rhyme of Dancing 210 x 1 1 10x11 R Silver Wave to Gold Chrysanthemum & Mines 110 x 1 1 44TToottaall MMuullttiippllee EE eeccttss BBaarrrraaggeess iinn DDiissppllaayy 777700 CCiittyy ooff SSttiillllwwaatteerr 77//44//22002233 PPaattrriioottiicc SShheellll SSeeggmmeenntt QQttyySSiizzee Half Red Half Blue Chrysanthemum w/Brocade Tail 4 2 Red to Blue Peony w/White Flashing Pistil & Red Tail 4 2 Gold Wave Red to Blue Chrysanthemum w/Gold Tail 4 2 Blue to Red to Silver Crown w/Silver Tail 4 2 Red White & Blue Chrysanthemum w/Silver Strobing Pistil & Silver Tail 5 2 Gold Wave to Red w/Gold Crackling Chrysanthemum Flower Pistil & Tail 5 2 Red to Silver Peony w/Big Blue Pistil & Red Tail 5 2 Silver Wave to Red to Blue w/Crackling Crossette Pistil & Tail 5 2 Gold Wave Blue to Red w/Gold Tail 6 2 Red to Blue to White Flashing Peony w/Red Tail 6 2 Silver to Blue Diadem Chrysanthemum w/Drifting Small Flowers 6 2 Silver Wave to Red White & Blue Crossette & Rising Flowers 8 1 Red to White to Blue Peony w/Popping Flower Pistil & Rising Flowers 8 1 Kamuro Circle w/Green Pistil & Brocade Tail 8 1 2255TToottaall PPaattrriioottiicc SShheellll SSeeggmmeenntt EE eeccttss iinn DDiissppllaayy CCiittyy ooff SSttiillllwwaatteerr 77//44//22002233 SSiiggnnaattuurree PPaatttteerrnn SShheellll SSeeggmmeenntt QQttyySSiizzee Sea Blue & Orange Double Rings w/Silver Whirl & Orange Tail 4 2 Silver Wave to Red & Blue Double Ring w/Silver Tail 4 2 Strobing Ring w/Alt Green & White Strobe w/Red Tail 4 2 Magenta Ring in Turquoise Ring w/Brocade Tail 4 2 Red Cover Lemon Ring w/White Strobe Pistil & Silver Tail 5 2 Double Ring Sea Blue to Orange & Orange to Sea Blue w/Tail 5 2 Green to White Strobe Parallel Ring w/Silver Strobe Tail 5 2 Violet to Grass Green Ring w/Silver Tail 5 2 Purple to White Strobe Parallel Ring w/Strobe Tail 6 2 Gold Wave to Cherry Double Circle w/Brocade Tail 6 2 Silver Bowtie w/Sea Blue Ring & Brocade Tail 6 2 Red to Dark Green w/Three Brocade Crown Rings 8 1 2233TToottaall SSiiggnnaattuurree PPaatttteerrnn SShheellll SSeeggmmeenntt EE eeccttss iinn DDiissppllaayy CCiittyy ooff SSttiillllwwaatteerr 77//44//22002233 FFiinnaallee QQttyySSiizzee Finale Titanium Linear Cylindrical Salute w/Strobing Tail 3 24 Finale Titanium Salute w/Blue Tail 3 24 Finale Titanium Salute w/Red Tail 3 24 Finale Gold Orido Nishiki Kamuro w/Gold Tails 3 24 Finale Gold Strobe Willow w/Red Dahlia Pistil & Red Tail 3 24 Finale Crackling Spider w/Crackling Tail 3 24 Finale Green Peony w\SilverTail 3 12 Finale Purple Peony w/Gold Tail 3 12 Finale Red White & Blue Variegated Chrysanthemum w/Red Tail 3 24 Finale Rainbow Mag Color Dahlia w/White Strobe Pistil 3 24 Finale Crackling Spider w/Crackling Tail 4 9 Finale Gold Orido Nishiki Kamuro w/Gold Tail 4 9 Finale New Color Crossette w/White Flashing Pistil & Red Tail 4 9 Finale Red White & Blue Crossette w/Brocade Tail 4 9 Red Gamboge Crown w/Glitter Coconut Core & Red Tail 4 3 Kamuro Ending w/Red Tips & White Flashing Pistil & Brocade Tail 4 3 Brocade Chrysanthemum w/Red to Blue Pistil & Brocade Tail 4 2 Diadem Chrysanthemum w/Reports & Whistling Tail 4 2 Blue Diadem w/Red Pistil & Red Tail 4 2 Red to Blue to Gold Crackling Chrysanthemum Flower w/Crackling Tail 5 2 Blue to White Flashing Big Willow w/Blue Tail 5 2 Crackling Kamuro w/Gold Crackling Chrysanthemum Pistil & Tail 5 2 Brocade Diadem Chrysanthemum to Twinkle w/Purple Pistil 5 2 Brocade Crown w/Variegated Double Pistil & Silver Tail 5 2 Glittering Silver to Red & Blue w/Glittering Coconut Pistil & Silver Tail 6 2 Gold Willow w/Red Tips & Blinking White Pistil & Red Tail 6 2 Golden Strobing Diadem w/Gold Spangle Pistil & Spangle Tail 6 2 Brocade Crown w/Red & Blue Double Pistil & Brocade Tail 6 2 Kamuro to Magenta w/Blinking White Pistil & Brocade Tail 6 2 Brocade Diadem Chrysanthemum to Twinkle w/Green Strobing Pistil 8 1 Kamuro w/Red Thousand Blooming Flower w/Silver Tail 8 1 Brocade Crown w/Thousands Horse Tails & Silver Tail 8 1 Glittering String Willow w/Cardinal Purple Pistil 8 1 Glittering Silver to Red & Blue w/Flashing White Pistil & Rising Flowers 10 1 Brocade Kamuro w/Red White & Blue Palm Core & Silver Tail 10 1 229900TToottaall FFiinnaallee EE eeccttss iinn DDiissppllaayy Washington County 2. 3. 9:00 Roll Call Pledge of Allegiance FYI BOARD AGENDA April 25, 2023 - 9:00 AM 9:00 Comments from the Public Board of Commissioners Fran Mixon, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3, Chair Karla Bigham, District 4 Michelle Clasen, 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. 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 April 11, 2023, County Board meeting minutes. B. Approval to appoint Sandra DelCaro, Cottage Grove, to a partial term on the Historic Courthouse Committee as a District 4 representative, with a term expiring December 31, 2023. C. Adopt a resolution to reappoint Wayne H. Sandberg as County Highway Engineer to a four-year term, effective May 1, 2023, through April 30, 2027. D. Approve a request to apply for the Mobile Crisis Home and Community Based Service Federal Medical Percentage (HCBS-FMAP) and American Rescue Plan Act (ARPA) funding from the Minnesota Department of Human Services in the amount up to $325,000. E. Approve an application from the Afton Bayport Lakeland Lions Club to conduct off -site gambling at the Washington County Fairgrounds, August 2 - 5, 2023. F. Approval of an application for a 1-4 day Temporary On -Sale Liquor License from VFW Post 323 for the Washington County Fair at the Washington County Fairgrounds, August 2-6, 2023. G. Approval of an application for a 1-4 day Temporary On -Sale Liquor License from the Stillwater VFW Post 323 for the Annual Mopars in the Park event, June 2, 2023, through June 4, 2023, to take place at the Washington County Fairgrounds, 12300 N - 40th Street North in Baytown Township. H. 1. Adopt a resolution authorizing Washington County to enter into an agreement with the State of Minnesota, also known as MnDOT Contract No. 1052490, to accept federal funds for the Central Greenway Regional Trailhead in Lake Elmo Park Reserve. 2. Approve and execute the Agency Agreement for Federal Participation in Preliminary Engineering. 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 4. 9:10 Washington County Community Development Agency - Karly Schoeman, CDA Deputy Executive Director A. Adopt a resolution to approve the 2023 Annual Action Plan for submission to the U.S. Department of Housing and Urban Development. B. Adopt a resolution approving the amendments to Washington County's 2019 and 2020 Annual Action Plans for the Community Development Block Grant and the HOME Investment Partnerships Program and authorizing submission of such amendment request to the U.S. Department of Housing and Urban Development. 5. 9:30 Public Works - Cory Slagle, Assistant County Engineer (item A) - Ryan Hoefs, Engineer II (item B) - Eden Rogers, Engineer II (item C) - Dan MacSwain, Natural Resources Coordinator II (item D) A. 1. Adopt a resolution to enter into Agreement No. 1050364AOI with the State of Minnesota to transfer the jurisdiction of Trunk Highway (TH) 96 within Washington County. 2. Approve Agreement No. 1050364AOI between the State and the County to transfer the jurisdiction of TH 96 (Dellwood Road), from TH 244 (Dellwood Avenue) to TH 95 (Broadway Street), a 9.0 mile segment. B. Award the bid to and authorize the execution of Contract No. 15475 in the amount of $308,069.90 with McNamara Contracting for the County State Aid Highway 13 & 4th Street N/Hudson Boulevard Signal and ADA Improvement Project. C. Recommend rejecting all bids received for Carpentry and Miscellaneous Metals scope of work for the Historic Courthouse exterior improvement project. D. Adopt a resolution in support of National Arbor Day and National Arbor Month, proclaiming April 28, 2023, as Arbor Day, and the month of May 2023, as Arbor Month in Washington County. 6. 10:30 Sheriffs Office - Sheriff Dan Starry A. Adopt a resolution proclaiming May 7, 2023, through May 13, 2023, as Correctional Officers Week in Washington County. 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 7. 10:45 General Administration - Kevin Corbid, County Administrator A. Adopt a resolution accepting the 2023 1 st quarter donations. B. Legislative Update 8. 11:00 Commissioner Reports - Comments - Questions This period oftime shall be used by the Commissioners to report to thefull 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 ofdiscussion will be scheduled for a future board meeting. 9. 11:15 Board Correspondence 10. 11:15 Adjourn 11. 11:15-11:30 Break 12. 11:30 Board Workshop with County Attorney's Office A. Overview of the County Attorney's Office 13. 12:30 Board Workshop with Public Works A. Update on the West Central Service Center schematic design process and site layout. 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