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2015-08-18 CC Packet
1 1 ater E TME 1IRTNELACE OF MINNESOTA I AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North August 18, 2015 No Change to Agenda SPECIAL MEETING RECESSED MEETING 3:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Budget Work Session 7:00 P.M. AGENDA IV. CALL TO ORDER V. ROLL CALL VI. PLEDGE OF ALLEGIANCE 3:30 P.M. 7:00 P.M. —11 VII. APPROVAL OF MINUTES 2. Possible approval of July 28, 2015 regular and recessed meeting minutes VIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS IX. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. X. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. — Underground lines in Lowell Park 8. Finance Director 9. City Attorney 10. City Administrator XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 11. Resolution 2015-141 directing payment of bills 12. Resolution 2015-142, approving agreement for Replacement of Video Cameras in Council Chambers with Valley Access Cable 13. Resolution 2015-143, approving purchase of Tritech technology appendices — Police Department 14. Resolution 2015-144, resolution approving the 2015 Data Practices Policy for Members of the Public and the Data Practices Policy for Data Subjects 15. Possible approval to purchase Forward Looking InfraRed Viewing Device — Police Department 16. Possible approval to purchase of equipment for the workout room 17. Possible approval to purchase of camera for the Fire Department 18. Possible approval to purchase presentation projector for the Police Department 19. Possible approval of sanitary sewer adjustments XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 20. Case No. 2015-15. This is the date and time for a public hearing to consider an appeal to the request by Paul Simonet, for approval of a Special Use Permit and associated Variances for MN Shooting Academy to redesign the existing building into an amusement and recreational establishment to be located 2159 Curve Crest Blvd., located in the BPO; Business Park Office District. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 7, 2015. (Approval — Resolution Roll Call; Denial — Straw Vote (Roll Call) - Findings of Fact back to Council on 9/1/2015 meeting) 21. Case No. 2015-20. This is the date and time for a public hearing to consider a request by Todd Baumgartner of WB Development LLC. to approve a 15 lot residential preliminary plat and associated variances. The property is zoned TR: Traditional Residential, all for property is located at 8528/8602 Neal Ave N. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 26, 2015. (Approval — Resolution Roll Call; Denial — Straw Vote (Roll Call) - and bring Findings of Fact back to Council on 9/1/2015) 22. Case No. 2015-22. This is the date and time for a public hearing to consider a request by Sterling Black of Fairway Development LLC. to approve a 20 lot residential preliminary plat and associated variances, Zoned RB: Two Family Residential, all for property located at 1902 Williams St N. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 26, 2015. (Tabled until September 1, 2015) XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 23. Possible approval of first reading of Ordinance 1082, an Ordinance Amending the Stillwater City Code, Chapter 29, Sewers, Sec. 29-3 (1st reading — Roll Call) 24. Possible acceptance of bids and awarding contract for 2015 Street Improvements (Resolution- Roll Call) (Available Tuesday) 25. Possible approval resolution for No Parking on Hazel Street from intersection of the Browns Creek Trail west to 50 feet west of N. First Street. (Resolution — Roll Call) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT RESOLUTION 2015-141 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $552,912.21 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 18th day of August, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2015-141 Page 1 LIST OF BILLS 1ST Line/Leewes Ventures LLC Ace Hardware Action Rental Inc. Alexis Fire Equipment Company Al's Coffee Company Aspen Mills Bluestem Heritage Group Board of Water Commissioner Brines Market BWBR C. Hassis Yard Services Campbell Brent Carquest Auto Parts CDW Government Inc. Century Link Century Power Equipment Clifton LarsonAllen LLP Coca-Cola Refreshments Cole Papers Comcast CoStar Realty Information Inc Countryside Repair Cub Foods Dalco Deneen Pottery Diamond Vogel Paints Dogpoopbags.com ECM Publishers Egger Alison Englishmens Carriage House Fastenal Company Felsch Chris Fire Safety U.S.A. Flexible Pipe Tool Co. Foremost Promotions Fuhr Trenching G & K Services Hardrives Inc. HD Supply Waterworks Ltd. Hedberg Aggregates Heritage Printing Inc. Holiday Companies Holiday Credit Office Jefferson Fire and Safety Inc. Jimmys Johnnys Inc. Concession supplies Supplies Concrete and mixing trailer Auto parts and supplies Coffee for concession Uniforms & supplies Firefighting in Stillwater WAC Charges Log Jam Days Professional services Fire Hall Lawn service Reimburse for uniforms and supplies Auto parts and supplies Apple TV Telephones Carburetor Audit Beverages for concession Supplies TV, Internet & Voice Property professional Vehicle repair Bottled water & donuts 12 gal tank Custom mugs Traffic & field paint Dog clean up bags Publications Reimburse for mileage Refund of penalty & interest overpayment Anti seize Reimburse for ATOM training Compressor service Overhaul kit Sticker roll Mulberry sink hole Mats & uniforms 2013 & 2014 Street Projects Mulberry St. Settlement Gas Pink & grey statements Vehicle washes Fuel BW Tech 5 Gas Monitor & fire foam Portable restroom rental 1,155.00 551.40 190.00 41.23 365.50 1,167.38 2,500.00 1,287.00 374.69 3,006.06 908.45 127,05 404.21 220.76 224.17 39.42 1,000.00 1,648.48 264.60 299.54 330.23 565.06 41.94 2,656.51 1,707.50 1,849.00 75.21 505.05 55.99 27.70 16.27 125.00 889.75 197.40 65.00 2,725.90 862.96 53,293.35 69.26 94.36 325.00 275.00 13.97 1,668.27 2,325.49 EXHIBIT "A" TO RESOLUTION #2015-141 Page 2 John Deere Landscapes Kachina Larry & Betsy Kath Companies L.T.G.Power Lake Management Inc. Law Enforcement Targets Inc. Lennar of Minnesota Linner Electric Co. Loffler Companies MacQueen Equipment Inc. Mankey Kim Mansfield Oil Company Marshall Electric Company Menards Metropolitan Council MN Bureau of Criminal Apprehension MP Nexlevel LLC Multi -Regional Training Center Municipal Emergency Services Municode NAPA Auto Parts Office Depot Olson Andrea Pereboom Jesse Performance Plus LLC Pioneer Graphics Primary Products Co. Pro -Tec Design Quill Corporation Regency Office Products LLC River States Truck and Trailer Inc. Schutte Brian Sharrow Lifting Products Simonet Furniture & Carpet Co. Sivigny Donald J Sport Systems Unlimited Corp. Sprint PCS St. Croix Boat and Packet Co. Stillwater Motor Company Stillwater Towing SW/WC Service Cooperatives T.A. Schifsky and Sons Tessman Seed Co. St. Paul Thul Specialty Contracting Trans Union LLC US Bank Corporate Trust Svcs Verizon Wireless Airless spray gun tips Refund of parking permit Def pump Coring rig weed whip misc parks Lake McKusick treatment around fishing pier Target training supplies Grading Escrow Refund Wire cascade sys Fire Hall Maintenance on virtual storage Swivel Refund of parking ramp change Fuel Electrical work Supplies Wastewater Charge & SAC Training course Fiber network expansion to Fire Hall Membership Supplies Pages of code of ordinances Auto parts and supplies Office supplies Reimburse for gun belt Reimburse for mileage Drug screen Grand opening cards Nitrile gloves Materials Fire Hall cameras intercoms Copy paper and batteries Copy Paper Vehicle repairs Refund of Commercial Fertilizer Ap Lic Fee Equipment repair supplies Table & mattresses - Fire Hall Plan review Kevlar Cell phone Dock space lease & ramp cleaning Vehicle repairs & service Vehicle tow service Retiree Health Insurance & COBRA Asphalt Chemicals Lecuyer Circle Manhole Rehab Information Charges Paying agent fees Police Mobile Broadband 189.83 40.00 146.88 694.90 460.00 330.20 6,000.00 522.30 1,722.50 741.16 7.00 9,014.35 320.00 750.88 127,811.80 120.00 67,861.81 50.00 183.10 713.00 42.18 498.17 37.99 18.40 643.00 246.92 289.53 44,566.75 176.96 174.27 29.02 187.50 61.84 2,550.00 1,039.42 1,470.00 208.88 3,527.97 374.91 150.00 56,588.18 2,550.75 72.92 1,175.00 35.00 425.00 477.35 EXHIBIT "A" TO RESOLUTION #2015-141 Washington Conservation Distr Water Works Irrigation LLC Westin Construction Co Wulfing David Zahl Petroleum Maintenance Co. Zayo Enterprise Networks Zee Medical Service LIBRARY Ace Hardware Baker and Taylor Blackstone Audio Brodart Co Center Point Large Print Culligan of Stillwater Findaway World LLC G & K Services Heritage Printing Inc. MEI Total Elevator Solutions Midwest Tape Paper Roll Products Petrie Angela Pinnacle Building Services Proquest Quill Corporation Recorded Books Inc Schemmer Jacob Security Response Services Inc Stillwater Area High School Toshiba Business Solutions Water Works Irrigation LLC Xcel Energy JULY MANUALS Postmaster Washington County License Center Xcel Energy Abrahamson Nursery Landscape Alternatives Install 12 zone system along walking path Grading Escrow Refund Reimburse for dog boarding Vent changes at generator building Telephone First aid supplies Janitorial Supplies Materials Materials Materials Materials Water Supplies Towles & Rugs Supplies Annual Maint Contract Materials Supplies - Receipt Tape Reimbursements Building Services - Windows Library Thing App/Software Supplies Materials Refund/Reimbursement for Wedding Maintenance Agreement Materials Maintenance Contract Builsing Repairs Energy UB Billing Postage License tab renewal Energy Page 3 1,500.00 13,200.00 5,000.00 162.00 5,677.00 559.79 215.10 29.94 486.71 87.19 2,421.71 122.35 67.80 2.99 82.54 21.15 1,416.00 1,145.39 119.90 238.91 750.00 500.00 547.86 337.58 50.00 155.67 170.00 123.00 59.95 4,631.20 2,995.56 44.00 1,827.43 EXHIBIT "A" TO RESOLUTION #2015-141 Page 4 ADDENDUM Carquest Auto Parts Clark Dan Comcast Detco Jenna Enterprise FM Trust Larson Ryan Dean Madden Galanter Hansen LLP Magnuson David Stillwater and Oak Park Heights CVB Thomson Reuters Xcel Energy Adopted by the City Council this 18th Day of August, 2015 Battery Janitorial service Cable boxes Refund Park Fee Lease vehicles Command post repairs Labor Relation Services Professional services Qtrly Lodging Tax Information Charges Energy 145.95 1,897.50 6.28 160.00 5,162.54 104.20 378.00 8,377.57 51,226.80 125.00 18,745.92 TOTAL 552,912.21 DATE: August 12, 2015 TO: Mayor and City Council FROM: Sharon Harrison, Finance Director RE: Sanitary Sewer Adjustments EXV0104.14- BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1St quarter of every year. For residential properties, sanitary sewer billing rates are set during the 2nd quarter of every year using the water consumption (obtained from the Water Board) from the 1St quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1St quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior/current quarters to see if we can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons (of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staff's recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. CITY OF STILLWATER EXHIBIT A Description of Billing Quarter Circumstance Winter Average Gallons Adjustment for 1 Toilet Leak From 59,000 3rd To 10,000 2 Leak From 22,000 3rd To 11,000 3 Outside faucet leak From 15,000 3rd To 6,000 Ada \ i n -P0 Abbi Wittman From: Kimberly Howard <meurlib_45@yahoo.com> Sent: Thursday, July 09, 2015 1:27 PM To: Abbi Wittman Subject: Re: Proposed Gun Range Hello Ms.Wittman, Thank you for your email. I appreciate your clarification of the issue for me. I don't receive the Stillwater Gazette, so I wasn't completely informed as to previous meetings or discussion. I only know what I read in the St. Paul newspaper yesterday,and what was relayed to me by my mother and other neighbors. I understand that Guardian Tactical Solutions approached the city of Stillwater with a proposal , but I still strongly disagree with the proposed site of this business with an indoor gun range. Thank you for time as well. Sincerely, Kimberly Howard On Thursday, July 9, 2015 11:42 AM, Abbi Wittman <awittman@ci.stillwater.mn.us> wrote: Hello Ms. Howard. Thank you for your phone call and email. I hope you can understand that this application was made to the City and this was not a business the City sought out. The property owner has a potential purchaser, MN Shooting Academy, and a portion of their business (the indoor range) necessitated the Special Use Permit and associated variance. This was an applicant -driven process. Your questions regarding 'why here' and not in a more rural area are not for the City to consider. The role of the City is to determine compliance of the application with the provisions of the zoning code, the city's Comprehensive Plan as well as any other factors that could pose a detriment to the public. While this is a high -traffic area, the recreational use and associated retail sales are consistent with the City's zoning code and the future land use map. Additionally, the applicant was able to establish to staff there will be sufficient sound proofing of the indoor range (within the existing building's footprint) so that the business will meet all applicable noise ordinance regulations. The Planning Commission held a public hearing on the case, last night at 7:00 pm. Legal notice was made in the Stillwater Gazette (our newspaper of record) on June 26. Additionally, 10 days before the hearing every property owner within 350' was mailed a notice of the hearing. The nine -member commission voted to approve the Special Use Permit and one associated variance. The vote was 5-3 with Commissioner Kelly 1 abstaining from voting. That meeting was the opportunity for public input and the Commission did receive testimony from 10 individuals prior to deliberating and taking action. Please let me know if there is anything else I can assist you with regarding this application or the process for review and approval of land use matters in Stillwater. Thanks, Abbi film/ate The BeIhp".ace at M,nnesota Abbi Jo Wittman P: 651-430-8822 F: 651-430-8810 www.ci.stillwater.mn.us From: Kimberly Howard [mailto:meurlib_45@yahoo.com] Sent: Wednesday, July 08, 2015 10:35 PM To: Abbi Wittman Subject: Proposed Gun Range Dear Ms. Wittman, I am writing to express my concerns about the proposed indoor gun range at the Simonet Furniture Outlet Store in Stillwater. I was shocked to learn of this decision when reading story in the St. Paul Pioneer Press this evening. I do not understand why Guardian Tactical Solutions chose this site in such a high traffic area ? The proposed site is in close proximity to other businesses( including a liquor store, a sports arena), medical clinics, apartment complexes, and other residential properties. Further,if this proposal goes through, it will dramatically change the area for the worse.Why does an indoor gun range need to be located within the city limits ? Why not choose a site that is away from the city ? A more likely site, such as a rural area with less traffic would be less worrisome for the public. Although, my opinion will not change this course of action, I still wanted to express my grave concerns for such a proposal. Respectfully, I do hope that the Stillwater Planning Commission will give careful, thoughtful consideration about this matter. May I ask if there be an opportunity for the community to voice their opinion/concerns about this issue,before any final decision is made by the Stillwater Planning Commission ? Thank you for allowing me to share my thoughts. Sincerely, Kimberly Howard 2 MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: August 17th, 2015 RE: 2015 Street Improvement Project Project 2015-02 DISCUSSION: Bids for the 2015 Street Improvement Project were opened on Thursday, August 13th 2015. The City received two bids with the low bid of $577,509.72 submitted by Hardrives Inc., The engineer's estimate for this project was $507,000. Also as part of the project and Bid Alternate was included to mill and overlay the North Main Parking Lot in the amount of $59,748.62 Since the bid for the Street Improvement Project was a considerable amount of the engineers estimate, staff has looked a few options to determine how/ if to proceed with the project; 1. Proceed with the project as bid. This would result in increasing the assessment rates on the project to about 10-15%. a. Market Drive-/ No. Frontage Road- $43.64/LF to $50.17/LF b. Second and Fourth Street i. Commercial Properties $45.20/LF to $48.66/LF ii. Residential Rate $2381/unit to $2638/unit 2. Keep assessments rates as proposed in feasibility study. This would result in reducing construction costs by $62,000 without compromising the project by eliminating certain items on the project such as sewer lining, catch basin sealing, and asphalt repair. This has been discussed and approved with the low bidder 3. Reject bids and rebid the project. This option was considered but the risk that next year's bid may be even higher. RECOMMENDATION In looking at the options proposed, it is recommended that option 2 be selected to hold the assessment rates as presented in the feasibility report and award the contract to for the 2015 Street Improvement Project and the Bid Alternate to mill and overlay the North Main Parking Lot to Hardrives Inc. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2015- ACCEPTING BID AND AWARDING CONTRACT FOR 2015 STREET IMPROVEMENT PROJECT ACCEPTING BID AND AWARDING CONTRACT FOR 2015 STREET IMPROVEMENT PROJECT (Project 2015-02) WHEREAS, pursuant to an advertisement for bids for the 2015 Street Improvement Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Hardrives, Inc., Rogers, Minnesota $577,509.72 T.A. Schifsky and Sons, Inc., North St. Paul, Minnesota $613,840.73 ENGINEER'S ESTIMATE $507,000.00 and WHEREAS, it appears that Hardrives, Inc. of Rogers, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Hardrives, Inc. of 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. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 18t" day of August, 2015 Ted Kozlowski, Mayor ATTEST Diane F. Ward, City Clerk Summary of Proceedings Washington County Board of Commissioners August 11, 2015 P1,1 Present were Commissioners Fran Miron, District 1; Commissioner Ted Bearth, District 2; Gary Kriesel, District 3. Karla Bigham, District 4; and Lisa Weik, District 5. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Weik — reported that she toured the Public Works North Shop facility on August 4th, and thanked staff for their efforts; toured the Metropolitan Airports Commissioner Headquarters on August 6th, as part of the Metropolitan Energy Policy Coalition meeting, to view various solar projects. On August 10th, she attended the Woodbury Lions Veterans Memorial Golf Tournament in memory of Dick Stafford; - Commissioner Miron — reported that he attended the Farm Family Recognition Day in Redwood Falls on August 6th; - Commissioner Bigham — reported that she attended the St. Croix River Association's tour of the St. Croix River. She thanked the Sheriff's Office and Attorney's Office for their efforts in holding the Night to Unite events; - Commissioner Kriesel — reported that he attended the St. Croix River Association's tour of the St. Croix River. He reported that he attended various Night to Unite events; - Commissioner Bearth— reported that he attended the St. Croix River Association's tour of the St. Croix River; attended various Night to Unite events. Community Services - Approval of Resolution No. 2015-125, authorizing the receipt of $17,500 in grant funding from the Minnesota Departments of Veterans Affairs; General Administration Approval of the following actions: - July 28, 2015 County Board Meeting Minutes; - Resolution No. 2015-135, accepting donations received in the second quarter of 2015; - Board Workshop to discuss 2016 proposed budget, Internal Services proposed budget, and County Attorney's proposed budget; - Board correspondence was received and placed on file. Property Records & Taxpayer Services Approval of the following actions: - Resolution No. 2015-126, recommending conveyance of tax forfeited parcels by conditional use deed for an authorized public use; - Resolution No. 2015-127, approving reclassification and sale of a tax forfeited parcel to the City of Hugo for an authorized public purpose; - Resolution No. 2015-128, approving the classification of tax forfeited parcels as conservation and for remittance of parcels to the Department of Natural Resources for review; - One day temporary on -sale liquor license for the Minnesota Food Association; - Authorize agreement with the City of Grant for election administration services in order to conduct a Special Election on October 13, 2015; Public Health & Environment Approval of the following actions: - Resolution No. 2015-129, authorizing submittal of an application for funding to the Minnesota Pollution Control Agency for Subsurface Sewage Treatment Systems (SSTS); - Resolution No. 2015-132, agreement with Saint Paul Port Authority for implementation of Property Assessed Clean Energy Program of Minnesota for energy improvements; - Agreement for the operation of Household Hazardous Waste Program and agreement with PaintCare's Paint Collection Program. Public Works Approval of the following actions: - Resolution No. 2015-130, purchase Weeks property for inclusion into Lake Elmo Park Reserve; - Resolution No. 2015-133, award bid to Hardrives, Inc. for the County State Aid Highway 15 Turn Lane Project; - Resolution No. 2015-134, award bid to Valley Paving Inc. for the County State Aid Highway 39 Paving Project; - Contract with SEH for final design engineering services for Phase II of the County State Aid Highway 17/O1d Lake Elmo Village Project. Sheriff's Office Approval of the following actions: - Resolution No. 2015-131, appointing Nathan H. Timm to serve on the Metropolitan Emergency Services Board's Radio Technical Operations Committee. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners August 4, 2015 ITB Present were Commissioners Fran Miron, District 1; Commissioner Ted Bearth, District 2; Gary Kriesel, District 3. Karla Bigham, District 4; and Lisa Weik, District 5. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Miron — reported that he attended the Library Strategic Community Forum in Forest Lake on July 30th, and thanked staff for their efforts; toured the Ponderosa Landfill in Mankato, as part of the Resource Recovery Project Board Meeting & Tour with Southern Counties on July 31St; he appreciated the partnerships that Washington County has with other counties in regards to resource recovery efforts; Commissioner Weik — commented on the Ponderosa Landfill tour in Mankato, which was a part of the Resource Recovery Project Board Meeting & Tour with Southern Counties on July 31St; attended the Town Hall meeting held by Senator Kent and Representative Ward on July 28th at the Woodbury Public Works building; Commissioner Bigham — commented on the Ponderosa Landfill in Mankato, which was a part of the Resource Recovery Project Board Meeting & Tour with Southern Counties on July 31st; toured the Washington County Libraries with Library Director Keith Ryskoski. She reported a good attendance at the open house for the Cottage Grove Ravine Regional Park on July 28th. National Night Out is on August 4th, at various locations in St. Paul Park, Newport, and Cottage Grove. She requested a Legislative Committee Meeting prior to a workshop on the Legislative Agenda; Commissioner Bearth — reported that he was at the Senior Event at the Washington County Fair on July 31St, and on August 1st he visited the Washington County Parks booth. He thanked staff for their efforts at the Washington County Fair; Commissioner Kriesel — reported that Emilie Carlson from Stillwater and Gerald Gerlach from Hastings won Senior of the Year awards at the Washington County Fair. He commented on the various meetings with city officials and constituents, related to a number of projects currently going on within his district. Community Services Approval of the following actions: - Resolution No. 2015-123, Amending Washington County Community Development Block Grant (CDBG) Cooperation Agreements; - Grant agreement with the Minnesota Department of Human Services for the Chemical Dependency Healthcare Pilot Project. General Administration Approval of the following actions: - July 21, 2015 County Board Meeting Minutes; - Appoint Scott Wolden, as a business representative, to the Workforce Development Board to a first term expiring June 30, 2018; - Approval of letter of support for Minnesota Food Association's efforts to purchase and conserve the Wilder Property; - Approval of First Amendment to agreement with Big Marine Lake Association for Aquatic Invasive Species Efforts; - Molly O'Rourke, County Administrator reported that the County has received a dividend from the Minnesota Counties Intergovernmental Trust; - Board Workshop to review revisions to the draft Energy Plan; - Board correspondence was received and placed on file. Public Health & Environment - Board Workshop to discuss comments on the Metropolitan Council's draft Master Water Supply Plan. Public Works Approval of the following actions: - Update on Government Center 4th Floor Modernization and North Shop projects; - Approval of Change Order No. 1 to contract with Thurnbeck Steel Fabrication; - Board Workshop to provide information relating to the Facility Condition Index; - Board Workshop to provide a field tour of the Public Works North Shop construction project. Sheriff's Office Approval of the following actions: - Approval of permanent use of fund balance in Sheriff's Office funds 118 (Forfeiture), 123 (Operations), and 126 (Federal Equitable Sharing) for the second quarter 2015; - Resolution No. 2015-124, reappointing Dr. Michael B. McGee as the Washington County Medical Examiner. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. SPECIAL MEETING REGULAR MEETING I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Budget Work Session i 1 1 a t e r INF OIRTNFLACE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North August 18, 2015 3:30 P.M. 7:00 P.M. 3:30 P.M. 7:00 P.M. IV. CALL TO ORDER V. ROLL CALL VI. PLEDGE OF ALLEGIANCE VII. APPROVAL OF MINUTES 2. Possible approval of July 28, 2015 regular and recessed meeting minutes VIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS IX. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. X. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. — Underground lines in Lowell Park 8. Finance Director 9. City Attorney 10. City Administrator XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 11. Resolution 2015-141 directing payment of bills 12. Resolution 2015-142, approving agreement for Replacement of Video Cameras in Council Chambers with Valley Access Cable 13. Resolution 2015-143, approving purchase of Tritech technology appendices — Police Department 14. Resolution 2015-144, resolution approving the 2015 Data Practices Policy for Members of the Public and the Data Practices Policy for Data Subjects 15. Possible approval to purchase Forward Looking InfraRed Viewing Device — Police Department 16. Possible approval to purchase of equipment for the workout room 17. Possible approval to purchase of camera for the Fire Department 18. Possible approval to purchase presentation projector for the Police Department 19. Possible approval of sanitary sewer adjustments XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 20. Case No. 2015-15. This is the date and time for a public hearing to consider an appeal to the request by Paul Simonet, for approval of a Special Use Permit and associated Variances for MN Shooting Academy to redesign the existing building into an amusement and recreational establishment to be located 2159 Curve Crest Blvd., located in the BPO; Business Park Office District. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 7, 2015. (Approval — Resolution Roll Call; Denial — Straw Vote (Roll Call) - Findings of Fact back to Council on 9/1/2015 meeting 21. Case No. 2015-20. This is the date and time for a public hearing to consider a request by Todd Baumgartner of WB Development LLC. to approve a 15 lot residential preliminary plat and associated variances. The property is zoned TR: Traditional Residential, all for property is located at 8528/8602 Neal Ave N. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 26, 2015. (Approval — Resolution Roll Call; Denial — Straw Vote (Roll Call) - and bring Findings of Fact back to Council on 9/1/2015 22. Case No. 2015-22. This is the date and time for a public hearing to consider a request by Sterling Black of Fairway Development LLC. to approve a 20 lot residential preliminary plat and associated variances, Zoned RB: Two Family Residential, all for property located at 1902 Williams St N. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 26, 2015. (Tabled until September 1, 2015) XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 23. Possible approval of first reading of Ordinance 1082, an Ordinance Amending the Stillwater City Code, Chapter 29, Sewers, Sec. 29-3 (1st reading — Roll Call) 24. Possible acceptance of bids and awarding contract for 2015 Street Improvements (Resolution- Roll Call) (Available Tuesday) 25. Possible approval resolution for No Parking on Hazel Street from intersection of the Browns Creek Trail west to 50 feet west of N. First Street. (Resolution — Roll Call) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT Sfl 1 Iwater Administration August 11, 2015 TO: Honorable Mayor and City Council Members CC: City of Stillwater Department Heads City of Stillwater Staff FROM: J. Thomas McCarty, City Administrator Sharon Harrison, City Finance Director SUBJECT: Stillwater City Administrator's 2016 Budget Recommendations Pursuant to Article VII. Section 7.01 of the Stillwater City Charter, I am pleased to present the City Administrator's 2016 Budget Recommendations for the City of Stillwater for your review and consideration. The total proposed 2016 budget equals $17,838,631. Upon review and analysis of all revenue and expenditure requests, the attached Stillwater 2016 Budget Recommendations propose a balanced 2016 budget that continues and enhances provision of excellent city services and programs to the citizens of Stillwater. Local governments continue to operate in a challenging fiscal environment, striving to balance limited opportunities for revenue improvement with increasing demand for services, long term city infrastructure needs, economic development opportunities, increasing health care costs and aging population dynamics. The City Council has taken initiative to address these issues by beginning to update the City's strategic plan for 2020. Although the plan is not yet finalized, the top strategic issues identified by the City Council include: organizational excellence, community development and engagement and capital improvement planning (see attached Strategic Planning Report document). Departments and agencies submitted 2016 budget proposals that included specific programming, staffing and capital outlay requests that aligned with these strategic themes to continue to move the City forward. The City Administrator and City Finance Director met with all departments and agencies and have reviewed and analyzed all proposed 2016 program operations, revenues, expenditures, staffing levels, capital projects and long-term debt, collaborative efforts and use of fund balances. The preliminary levy funding requests for the proposed 2016 city operating budget exceeded the 2015 levy by $1,042,755, excluding capital project requests. The recommended 2016 balanced budget proposes a combination of resource allocations, revenue increases, expenditure adjustments and fund balance allocations to enhance the services and programs for Stillwater citizens in alignment with the strategic issues identified by the City Council. 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us Operations All general fund revenue sources have been thoroughly analyzed for potential increases to support requests for increased expenditures. State Local Government Aid (LGA) is up slightly for 2016. All license and permit fees and charges for services have been adjusted for program cost increases and increased activity levels resulting in a small revenue increase for 2016. Based on the initial 2016 general fund budget proposals, the tax levy increase for the general fund was $820,027. The Administrator's budget recommendations reduce the proposed 2016 levy increase to $576,603 above the 2015 adopted tax levy. Each department's and special revenue fund's budget requests and the Administrator's recommendations are also included in the budget book and on the attached slides. Requests for new or revised programs, services or staffing levels are identified in the summary page for each department. Specific department elements that enhance the top strategic issues identified by the City Council are also noted on the summary pages. Staff salary increases are budgeted at a 3% increase for 2016, consistent with settled bargaining union contracts. Health insurance costs are budgeted at a 15% increase, based upon notice of 2016 renewal rates through the City's health insurance provider. Department and agency request for new staffing levels and new or expanded programs for 2016 were also considered. Due to funding constraints, all requests cannot be supported and recommendations for approval, modification or denial are included in the proposed 2016 budget. Recommendations for program modifications and process improvement are based upon suggestions and input from city staff, department and city program priorities, and alignment with the preliminary city strategic plan issues. Capital Improvement Program Capital requests are summarized in three segments: annual capital outlay, City Hall building project and street improvement program. This section includes capital outlay requests submitted by each department or special revenue fund and the Administrator's recommendations for 2016. Maintaining the City's physical infrastructure (including buildings, streets, sidewalks, parks, sewer systems, and IT systems) is one of the major funding challenges into the future. Proposals for annual capital outlay items, the City Hall Renovation/Police Department Remodeling project are in this section. In addition, Public Works has developed a Street Improvement Program proposal to re-initiate an annual city street and sidewalk infrastructure improvement program that has been languishing for a number of years. Issuance of debt (bonding) is proposed as a major funding source for the City's capital improvement program. The proposed debt issuance is consistent with the City's debt management policies. The current City bond rating of Aa2 (Moody's) is expected to be maintained for debt issued in 2016. The Aa2 bond rating provides a strong signal of the city's financial stability to prospective bond buyers, resulting in better interest rates for the City. An overview of the City's debt obligation balance is also included in the attached slides. The City Administrator 2016 Budget Recommendations are based upon the following components: • Maintaining a modest increase in the City's property tax rate; • Maximizing revenues from non -property tax sources where possible; • Allocation of existing resources to offset additional costs in priority areas; • Increase fees and charges to address the cost of service provision; • Program modification based upon priorities included in the City Mission Statement and preliminary City Strategic Plan; • Commitment to maintain core physical, technology and capital equipment infrastructure; • Estimated costs for employee compensation and benefit adjustments; • Maintain community agency funding at 2015 levels; The City Council will meet on August 18, 2015 for a preliminary review of the City Administrator's 2016 budget recommendations and pursuant to state law, must adopt a preliminary 2016 budget and certify the maximum City property tax levy to the County by September 30, 2015. The City Council must also schedule the Truth in Taxation meeting date in December for adoption of the final 2016 City budget. We are available to answer questions you may have regarding the attached budget recommendations. homas McCarty ity Administrator Sharon Harrisol\i Finance Director I STRATEGIC DIRECTIONS 1 In the Strategic Directions workshop, participants are asked to focus on creative, practical actions that will move the community towards its ractical vision while responding to those items that are blocking or interfering. Engage and Develop City Council • Council code of ethics • Council member city manual • Tracking form for council/ Dept/ community contacts Increase Organization Excellence • Hire HR • HR Staff Person • HR Person • Regular Performance Evaluations • Value City Employees (Wages — professional development) • Budget for an employee ED program • Implement state performance measurement plan • Complete Class/Comp Plan Maintain High Community Standards • Develop community standards for snow. garbage. landscaping. etc. • Zoning Administrator — Code enforcement officer Promote Economic Development and Create plan • Hire Economic Development Position • Economic Development Position Update overall DT Plans • Develop DT plan chapters in Comp Plan • Finish DT Plan • Overall park plan that excludes DT Redefine Events Strategy and Policy • Special Events Programs Policies Develop Events Strategy Commit to Strategic Planning • Regular strategic planning meetings with council and staff • Semiannual strategy sessions • Make tough decisions • Department visions and goals review Commit to/ Implement and Launch Capital Planning • Accelerate 5 -year CIP to fund some within 2 years • Remodel PD and Upgrade City Hall • Have and Implement realistic CIP • Funding plan that fits with current debt Service • Develo. a functional CIP Develop a Legislative Agenda • Legislative Agenda — j rc..vs,teveif. I D640- NI e w,.W a f54,1t7, ` - ` " Develop and Enhance Messaging 0 Branding Policy • Create Community Communication_; Strategy Facilitation and Documentation: by Dr. Richard Fursman and Irina Fursman / 651338.2533/ www.hue.life 6 2016 Proposed Budget CITY OF STILLWATER Budget Calendar ► April - Finance department begins budget process by preparing projected wages & benefits and insurance costs. ► May 22 - Budget guidelines along with budget worksheets are distributed to Department Heads/Managers for completion. ► June 12 - Completed budget worksheets are due to Finance. The Finance Department assembles the preliminary budget information. ► July - City Administrator reviews requested budget with Department Heads/Managers and prepares proposed budget. ► August 11 - Finance distributes proposed budget to Department Heads/Managers and City Council ► Auaust 18 - Council, during a budget workshop session, meets with the City Administrator and Department Heads to review the proposed budget. ► End of August - County distributes estimated Local Taxable Value & Fiscal Disparity information ► September 1 - Review updated proposed budget information. ► September 1 - Councils adopts a proposed budget, a proposed levy and sets the T -N -T Meeting date in December. $ 3,190,145 $650,00i Property Tax Levy Proposed 2016 CITY-WIDE LEVY General Revenue Tax Levy Required Debt Service Tax Levy New Debt Service Tax Levy Total Debt Service Levy i. TOTAL CITY-WIDE LEVY 3.190.145 $650,000 8,449,839 $3,840,145 $1.2,289,984 PARCEL -SPECIFIC LEVY W M O Levy $31,600 Required Debt Service Tax Levy G.O. Capital Outlay 2009A G.O. Capital Outlay 2012A G.O. Capital Outlay 2014A G.O. Capital Outlay 2005B G.O. Capital Outlay 2009B G.O. Capital Outlay 2014 (Armory) G.O. Capital Outlay 2009D G.O. Capital Outlay 2015 G.O. Sports Center 2005C $221,708 $916,165 $720,973 $284,222 $103,819 $85,000 $360,006 $250,000 $248,252 ! Total New Debt Service Tax Levy Amount G.O. Improvement Bonds G.O. Capital Outlay 2016 $150,000 $500,000 Total Last 5 years and Proposed 2016* Year General Tax Levy Debt Service Tax Levy Total Property Tax Levy $ Increase from Prior Year Increase from Prior Year 2011 $6,943,172 $3,215,195 $10,158,367 $48,177 0.477% 2012 $7,136,531 $3,110,066 $10,246,597 $88,230 0.869% 2013 $7,435,010 $2,971,497 $10,406,507 $159,910 1.561% 2014 $7,606,066 $3,018,920 $10,624,986 $218,479 2.099% 2015 $7,825,610 $3,514,043 $11,339,653 $714,667 6.726% 2016* $8,449,839 $3,840,145 $12,289,984 $950,331 8.381% $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 2011 2012 2013 2014 2015 2016* General Tax Levy Debt Service Property Tax Levy Proposed 2016 vs Adopted 2015 2015 Adopted CITY-WIDE LEVY 2016 Requested 2016 Proposed $ Increase % Increase $7,825,610 General Operating Tax Levy $8,868,365 $8,449,839 $624,229 7.977% $3,514,043 Debt Service Tax Levy $3,890,145 $3,840,145 $326,102 9.280% $11,339,653 Totals $12,758,510 $12,289,984 $950,331 8.381% 2015 Adopted PARCEL -SPECIFIC LEVY 2016 Requested 2016 Proposed $ Increase Increase $31,600 W M O Tax Levy $31,600 $31,600 0 Taxing District Tax Portion of Capacity Tax la 0.0% 9.4% Tax Impact Proposed 2016 Actual Proposed Pay 2015 Pay 2016 Change 1. Levy before reduction for state aids 2. State Aids $11,968,699 $12,935,587 $645, 603 $629,046 . Certifed Property Tax Levy = $11,339,653 $12,289,984 4. Fiscal Disparity Portion of Levy $1,184,086 5. Local Portion of Levy $10,155,567 6. Local Taxable Value 2016 is an ESTIMATE 18, 492, 942 $1,184,086 $11,105,898 19, 994, 206 7. Local Tax Rate = 54.916% 55.546% 8.08% 2.6% 8.4% 8.1% 1.1% Note: Valuation numbers and fiscal disparity numbers are not available from Washington County; therefore, the following assumptions were made: Assumptions ► 5% increase plus $549,000 from Stillwater Township annexation in Local Taxable Value. ► Fiscal Disparity remains the same as 2015. ► 5% increase in market value. Market Value Before Exclusion Homestead Market Value Exclusion Taxable Market Value Actual Pay 2015 Pay 2014 My 211,100 95,200 142,900 238,100 381,000 76,000 @40% - rem@ 9% 18,200 28,700 24,400 15,800 3,000 (D) - (E) 192,900 66,500 118,500 222,300 378,000 500,000@1.0% rem@ 1.25% 1,929 665 1,185 2,223 3,780 (A7 x G) + (Al2 X D) $1,059.33 $365.19 $650.75 $1,220.78 $2,075.82 Proposed Pay 2016 Pay 2015 MV X 1.050 221,700 100,000 150,000 250,000 400,000 76,000 @40% - rem@ 9% 17,300 28,200 23,700 14,700 1,200 (D) - (E) 204,400 71,800 126,300 235,300 398,800 500,000@1.0% rem@ 1.25% 2,044 718 1,263 2,353 3,988 (B7 x G) + (B12 x D) $1,135.36 $398.82 $701.55 $1,307.00 $2,215.17 Percentage and Dollar Change from 2015 to 2016 1 5.0% 5.0% 5.0% 5.0% 5.0% - 4.9% -1.7% - 7.0% -60.0% 6.0% 8.0% 6.6% 5.8% 5.5% 6.0% 8.0% 6.6% 5.8% 5.5% 7.2% 9.2% 7.8% 7.1% 6.7% $76.03 $33.63 $50.80 $86.22 $139.35 Property Tax Rate Last Ten Years and Estimated 2016* 70.000% 60.000% 50.000% 40.000% - 30.000% 20.000% - 10.000% 0.000% 1 2006 2007 2008 2009 2010 2011 2012 1 2013 2014 2015 2016* Year Rate 2006 49.243% 2007 46.498% 2008 48.127% 2009 47.930% 2010 49.432% 2011 52.539% 2012 54.674% 2013 61.503% 2014 58.216% 2015 54.916% 2016* 55.546% Local Government Aid (LGA) Received in last 10 years and Certified 2016* $1,000,000 $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 11 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 M- Year Amount 2006 $911,838 2007 $455,942 2008 $389,836 2009 $183,297 2010 $174,580 2011 $174,580 2012 $174,580 2013 $174,580 2014 $568,591 2015 $629,046 2016* $645,603 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Actual Debt Service (Does not include any bonds that have not/proposed been/to be issued) Capital Outlay Bonds $18,625,000 $20,499,000 $19,844,000 $19,170,000 $22,755,000 $16,605,000 $14,385,000 $18,645,000 $16,730,000 $23,835,000 $18,630,000 $16,360,000 Improvement Bonds $5,510,000 $4,720,000 $4,225,000 $3,485,000 $3,120,000 $2,750,000 $2,375,000 $2,000,000 $0 $0 $0 $0 Revenue Bonds $7,425,000 $4,450,000 $4,100,000 $3,765,000 $4,835,000 $3,090,000 $2,695,000 $2,390,000 $2,075,000 $1,755,000 $1,420,000 $1,065,000 Tax Increment Bonds $3,840,000 $3,020,000 $2,170,000 $7,140,000 $6,585,000 $6,160,000 $4,910,000 $4,790,000 $4,655,000 $4,500,000 $4,325,000 $4,135,000 Capital Lease $0 $0 $0 $0 $51,324 $42,077 $32,346 $22,108 $10,773 $0 $0 $0 Other Long -Term Debt $1,242,500 $1,047,500 $657,500 $657,500 $462,500 $267,500 $127,500 $42,500 $0 $0 $0 $0 $40,000,000 $35,000,000 A $30,000,000 - $25,000,000 — $20,000,000 1 $15,000,000 $10,000,000 — $5,000,000 d ■ 1 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015* 2016 Capital Outlay Bonds Revenue Bonds Capital Lease ■ Not yet issued Improvement Bonds Tax Increment Bonds Other Long -Term Debt Proposed *2015 bonds for Capital Outlay ($1 M) and park land purchase (1.25M) have not been issued in 2015 as of today's date, but may be issued with 2016 bonds. Bond Rating Last 10 Years Current (201 Bond Rating Aaa... - Aal - Aa2 - Aa3 - Al - A2 - A3 - Baal - Baa2 - Baa3 - ...0 Highest - Lowest Year Rating 2014 Aa2 2013 Aa2 2012 Aa2 2010 Aa2 2009 Aa3 Year Rating 2008 Aa3 2007 Aa3 2006 Aa3 2005 Al 2004 Al GENERAL FUND OPERATING REVENUES/EXPENDITURES Variance GENERAL FUND 'eve n ru es 2015 Adopted Revenue Type 2016 Requested 2016 Proposed $5,840,461. Levy $440,000 Franchise Fees $165,000 Other Property Taxes $467,622 Licenses and Permits $11,000 Special Assessments $1,113,920 Intergovernmental $858,570 Charges for Services $110,600 Fines and Forfeits $234,200 Miscellaneous $6,774,760 $450,000 $128,000 $471,320 $10,000 $1,169,920 $866,511 $115,100 $163,300 $6,407,268 $450,000 $128,000 $476,320 $10,000 $1,191,477 $866,511 $115,100 $173,300 $566,807 $10,000 -$37,000 $8,698 -$1,000 $77,557 $7,941 $4,500 -$60,900 Total Revenues $9,817,976 ► $645,603 in Local Government Aid (LGA) - $16,557 increase. 2016 Proposed Budget .21 Levy ■ Other Property Taxes Licenses and Permits ■ Special Assessments Intergovernmental Charges for Services Fines and Forfeits - Miscellaneous GENERA FUND 2015 Adopted Expenditure Type 2016 Requested 2016 Proposed Variance Operating Expenditures $12,000,000 $7,007,814 Personnel Services $7,827,841 $7,540,181 $532,367 $493,105 Supplies $515,075 $505,925 $12,820 $1,558,354 Services and Charges $1,664,236 $1,629,711 $71,357 $182,100 Miscellaneous $141,759 $142,159 -$39,941 $9,241,373 Total Expenditures $10,148,911 $9,817,976 $576,603 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 2016 Bu 2015 2016 2016 Adopted Requested Proposed Personnel Services Supplies Services and Charges Miscellaneous GENERA Mayor & City Council 2015 Adopted Expenditure Type 2016 Requested 2016 Proposed Variance Operating Expenditures $250,000 $86,660 Personnel Services 5.0 Part -Time (Benefitted) $13,264 Services and Charges $51,400 Miscellaneous $151 324 $91,754 5.0 $113,487 Total Ma or & Cit Council $88,786 5.0 $114,487 $25,900 $26,500 $231 141 $229 773 $2,126 0.0 $101,223 $200,000 $150,000 $100,000 $50,000 2016 Budget Impacts ► $103, 500 to Stillwater Township per Annexation Agreement. ► Develop City Economic Development Strategy. 2015 2016 2016 Adopted Requested Proposed Miscellaneous Services and Charges Personnel Services GENERA FUND Elections 2015 Adopted Expenditure Type 2016 Requested 2016 Proposed Operating Expenditures Variance $0 Personnel Services $26,100 $26,100 $26,100 $0 Supplies $4,643 Services and Charges $0 Miscellaneous Total Elections $600 $600 $600 $8,925 $8,925 $4,282 $1,200 $1,200 $1,200 2016 Budget Impacts $40,000 $35,000 $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 ► 2016 is an presidential election year 2015 2016 2016 Adopted Requested Proposed Personnel Services Supplies Services and Charges Miscellaneous GENERAL FUND 2015 Adopted Expenditure Type 2016 Requested 2016 Proposed Variance $234,499 Personnel Services 2.8 FTEs (Benefitted) $5,300 Supplies $255,784 $255,784 $21,285 2.8 2.8 0.0 $5,300 $5,300 $0 $53,854 Services and Charges $65,842 $63,842 $9,988 $293,653 $326,926 $324,926 $31,273 2016 Budget Impacts Operating Expenditures $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $o ► Personn-I Servics include contractual increases. 2015 2016 2016 Adopted Requested Proposed Services and Charges Supplies Personnel Services GENERA FUND Finance 2015 Adopted Expenditure Type 2016 Requested 2016 Proposed Variance Operating Expenditures $329,321 Personnel Services $365,804 $363,965 $34,644 3.5 FTEs (Benefitted) 3.5 3.5 0.0 $5,650 Supplies $7,050 $7,050 $1,400 $68,005 Services and Charges $2,300 Miscellaneous Total Finance $68,949 $68,949 $944 $2,300 $2,300 $0 $442,264 2016 Budget Impacts ► $500,000 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $o Per onnel Services include contractual increases. ► Includes funding for performance measure software. 2015 2016 2016 Adopted Requested Proposed Personnel Services Supplies Services and Charges Miscellaneous GENERA FUND 2015 Adopted Expenditure Type Administration 2016 Requested $352,218 Personnel Services 3.7 FTEs (Benefitted) 1.0 Part -Time (Non -Benefitted) $4,500 Supplies 2016 Proposed $534,850 4.7 1.0 $522,143 4.7 1.0 Variance Operating Expenditures $169,925 1.0 1.0 $149,566 Services and Charges $8,550 Miscellaneous $179,241 Total Administration $726,741 $709,834 $195,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 2016 Bu ► Personnel Services include contractual increases. ► Increase in FTE - Human Resources Manager ► Includes funding for a comp class study. 2015 2016 2016 Adopted Requested Proposed Personnel Services Supplies Services and Charges Miscellaneous GENERA FUND 2015 Adopted Expenditure Type 2016 Requested $136,048 Personnel Services 1.0 Part -Time (Benefitted) $0 Supplies $158,605 Services and Charges Total Leal 2016 Proposed $141,149 1.0 $1,200 Operating Expenditures $139,665 1.0 $1,200 Variance $3,617 1.0 $1,200 $299,063 $297,579 ► Includes a 3% increase on wages $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 2015 2016 2016 Adopted Requested Proposed Personnel Services Supplies Services and Charges GENERA FUND 2015 Adopted Expenditure Type 2016 Requested 2016 Proposed Variance Operating Expenditures $160,000 $10,000 Supplies $127,311 Services and Charges $2,000 Miscellaneous $139,311 Total Plant/Cit Hall $10,000 $10,000 $0 $122,041 $122,041 -$5,270 $2,000 $2,000 $0 $134,041 2016 Budget Impacts RFP for cleaning services in 2016 ► Includes a 2% increase for gas/electric $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 2015 2016 2016 Adopted Requested Proposed ■ Supplies ■ Miscellaneous Services and Charges GENERA FU Community Development Amk 2015 Adopted Expenditure Type $239,583 Personnel Services 2.5 FTEs (Benefitted) 2016 Requested $5,100 Supplies $160,303 Services and Charges $6,600 Miscellaneous Total Communit Develo•ment 2016 Proposed Variance Operating Expenditures $331,435 $309,176 $69,593 3.5 3.5 1.0 $3,650 $3,650 -$1,450 $35,265 $35,265 -$125,038 $6,800 $6,800 $200 $377,150 $354,891 2016 Budget Impacts ► $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $o Per onnel Services include contractual increases. Increase in FTE -Zoning Administrator (April i , 2016) 2015 2016 2016 Adopted Requested Proposed Personnel Services Supplies ■ Services and Charges Miscellaneous GENERA FUND Police 2015 Adopted Expenditure Type $2,630,988 Personnel Services 24.75 FTEs (Benefitted) 2016 Requested $113,755 Supplies $248,642 Services and Charges $14,000 Miscellaneous $3,007,385 Total Police $2,840,936 26.75 $112,200 $267,269 $14,400 $3,234,805 2016 Proposed Variance Operating Expenditures $2,671,331 24.75 $103,050 $263,269 $14,400 $3,062,050 $40, 343 0.0 -$10,705 $14,627 $400 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 2016 Budget Impacts ► Per onnel Services include contractual increases. ► Includes funding to restart education program 2015 2016 2016 Adopted Requested Proposed Personnel Services Supplies Services and Charges Miscellaneous GENERAL FUND 2015 Adopted Expenditure Type 2016 Requested $1,212,375 Personnel Services 11.0 FTEs (Benefitted) 30.0 Part -Time (Non -Benefitted) $39,950 Supplies $178,445 Services and Charges $11,650 Miscellaneous $1,442,420 Total Fire 2016 Proposed Variance Operating Expenditures $1,260,814 $1,240,831 $28,456 11.5 11.0 0.0 30.0 30.0 0.0 $47,950 $47,950 $8,000 $208,892 $208,892 $30,447 $12,600 $12,600 $950 $1,530,256 $1,510,273 ge mpacts ► $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 Per onnel Services include contractual increases. ► Includes additional funding for gas/electric at new fire station. 2015 2016 2016 Adopted Requested Proposed Personnel Services Supplies Services and Charges Miscellaneous GENERA FU nspections (Building) 2015 Adopted Expenditure Type 2016 Requested 2016 Proposed Variance Operating Expenditures $256,295 Personnel Services $347,667 $296,167 $39,872 3.0 FTEs (Benefitted) 4.0 3.5 0.5 $6,800 Supplies $7,000 $7,000 $200 $52,595 Services and Charges $35,047 $35,047 -$17,548 $1,200 Miscellaneous $1,750 $1,750 $550 $316,890 Total Inspections 2016 Budget Impacts ► $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $o Per onnel Services include contractual increases. 2015 2016 2016 Adopted Requested Proposed Personnel Services Supplies Services and Charges Miscellaneous Civil Defense 2015 Adopted GENERA FUND Expenditure Type 2016 Requested 2016 Proposed Variance $1,500 Supplies $4,020 Services and Charges $1,800 Miscellaneous $1,500 $4,025 $2,760 $1,500 $4,025 $2,760 $7,320 Total Civil Defense $8,285 $8,285 $965 Operating Expenditures $9,000 $8,000 $7,000 $6,000 $5,000 $4,000 $3,000 $2,000 $1,000 1 2015 2016 2016 Adopted Requested Proposed ■ Supplies ■ Miscellaneous Services and Charges GENERA FUND 2015 Adopted Expenditure Type $263,051 Personnel Services 2.75 FTEs (Benefitted) 1.0 Seasonal Positions $4,900 Supplies ngineering 2016 Requested 2016 Proposed $280,500 2.75 1.0 Variance Operating Expenditures $279,761 $16,710 2.75 0.0 1.0 0.0 $8,175 $3,275 $24,783 Services and Charges $1,300 Miscellaneous Total Engineering $317,857 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 ge mpacts ► Per onnel Services include contractual increases. 2015 2016 2016 Adopted Requested Proposed Personnel Services Supplies Services and Charges Miscellaneous GENERA FUND 2015 Adopted Expenditure Type $570,302 Personnel Services 6.75 FTEs (Benefitted) 4.0 Seasonal Poistions $295,650 Supplies Streets 2016 Requested $181,543 Services and Charges $7,800 Miscellaneous $1,055,295 Total Streets 2016 Proposed $591,317 6.75 4.0 $305,200 $203,457 Variance $586,741 $16,439 6.75 0.0 4.0 0.0 $305,200 $9,550 Operating Expenditures $1,200,000 $188,457 $1,107,774 $1,088,198 $1,000,000 $800,000 $600,000 $400,000 $200,000 ge mpacts ► Per onnel Services include contractual increases. 2015 2016 2016 Adopted Requested Proposed Personnel Services Supplies Services and Charges Miscellaneous GENERA FUND Unallocated Alt 2015 Adopted Expenditure Type 2016 Requested 2016 Proposed Variance $696,474 Retirees Health Insurance $759,731 $759,731 $63,257 $107,500 Services and Charges $127,600 $127,600 $20,100 $15,275 Community Thread $16,000 $15,275 $0 $10,000 Youth Service Bureau $18,800 $10,000 $0 $73,500 Miscellaneous $60,349 $59,349 -$14,151 $902,749 Total Unallocated $982,480 $971,955 2016 Budget Impacts Operating Expenditures $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $o ► Health insurance costs include a 15% increase. ► 48 retired participants 2015 2016 2016 Adopted Requested Proposed Miscellaneous Services and Charges Retiree Health Insurance SPECIAL REVENUE FUNDS OPERTING REVENUES/EXPENDITURES SPECIAL 'EVENU FUND 2015 Adopte Revenue Type pecial Events 2016 Reques. Variance Operating Expenditures $45,250 Property Taxes $12,000 Donations $45,198 $48,958 $3,708 $7,000 $10,000 -$2,000 Total Revenues 2015 Adopted Expenditure Type $10,250 Services and Charges $5,000 Miscellaneous $42,000 Fireworks 2016 Requested 2016 Proposed Variance $5,198 $2,958 -$7,292 $5,000 $5,000 $42,000 $51,000 $9,000 $70,000 $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 -• Total Expenditures 2016 Budget Impacts 2015 2016 2016 Adopted Requested Proposed ► p • a ven s , rategy. Miscellaneous/Fireworks ■ Services and Charges SPE AL EVEN FUND Croix Valley Recreation Center AIL 2015 Adopted Revenue Type 2016 Requested 2016 Proposed $1,326,000 Property Taxes $18,310 St Croix Soccer Club $1,421,000 $1,426,000 $100,000 $0 $18,310 $0 $1,344,310 Total Revenues $1,421,000 $1,444,310 $100,000 2015 Adopted Expenditure Type 2016 Requested 2016 Proposed Variance $141,600 Supplies $1,067,603 Services and Charges $16,850 Miscellaneous $99,947 Debt Service Contribution $172,600 $172,600 $1,063,301 $1,063,301 $17,650 $149,139 $17,650 $172,449 $31,000 -$4,302 $800 $72,502 $1,326,000 Total Expenditures $1,402,690 $1,426,000 $100,000 Operating Expenditures $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 2015 2016 2016 Adopted Requested Proposed Supplies Services and Charges Miscellaneous Debt Service Contribution $500,000 $400,000 $300,000 $200,000 $100,000 $0 SPECIAL REVENUE FUND Library 2015 Adopted Revenue Type 2016 Re • uested Pro • osed Variance $1,125,957 Property Taxes $80,900 Services and Charges $26,400 Miscellaneous 2015 Adopted Expenditure Type $1,210,404 $76,600 $20,800 $1,307,804 2016 Requested $942,959 Personnel Services $118,875 Supplies $167,673 Services and Charges $3,750 Miscellaneous $1,233,257 Total Ex•enditures 2016 Budget Impacts $1,171,625 $76,600 $20,800 $45,668 - $4,300 - $5,600 Operating Expenditures $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $o 2016 Proposed $1,011,918 $125,275 $166,786 $3,825 $1,307,804 Variance $1,005,090 $125,275 $166,786 $3,825 $1,300,976 $62,131 $6,400 -$887 $75 2015 2016 2016 Adopted Requested Proposed Personnel Services Supplies Services and Charges Miscellaneous Property Taxes $1,200,000 $1,150,000 $1,100,000 $1,050,000 $1,000,000 $950,000 $900,000 2012 2013 2014 2015 2016 $23,000 $23,000 $1,000 SPECIAL REVENUE FUND Parks ids 2015 Adopted Revenue Type 2016 Requested 2016 Proposed Variance $798,942 Property Taxes $832,528 $805,988 $7,046 $1,000 Licenses and Permits $1,000 $1,000 $0 $22,000 Services and Charges $1,000 Miscellaneous $822,942 Total Revenues $10,000 $866,528 $10,000 $9,000 83'',98= $17,046 2015 Adopted Expenditure Type 2016 Requested 2016 Proposed Variance $511,884 Personnel Services $531,091 $527,551 $15,667 6.25 FTEs (Benefitted) 4.0Seasonal Positions r 11 $123,400 Supplies 6.25 4.0 6.25 0.0 4.0 0.0 $136,600 $121,600 -$1,800 $148,658 Services and Charges $148,837 $145,837 -$2,321 $39,000 Miscellaneous $822,942 Total Expenditures $50,000 $866,528 $45,000 $6,000 $839,988 $17,046 Operating Expenditures $1,000,000 $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 2015 2016 2016 Adopted Requested Proposed Personnel Services Supplies Services and Charges Miscellaneous SPE AL 'EVEN FUND Community Beautificatio 2015 Adopted Revenue Type $15,000 Property Taxes 2016 Requested 2016 Prop. Operating Expenditures $15,000 $16,000 $1,000 2015 Adopted Expenditure Type 2016 Requested 2016 Proposed Variance $15,000 Supplies $15,000 $15,000 $0 $0 Christmas Tree $0 $1,000 $1,000 $57,250 $15,000 $16,000 $1,000 Total Expenditures $16,200 $16,000 $15,800 $15,600 $15,400 $15,200 $15,000 $14,800 $14,600 $14,400 a ► Per Resolution #201 1-07, dated January 4, 2011 - requires a minimum $15,000 budget allotment. 2015 2016 2016 Adopted Requested Proposed Supplies $34,618 $34,618 $226 �1 I SP E AL 'EVEN FUND Washington County Recycling Gran 2015 Adopted Revenue Type 2016 Requested $34,392 Intergovernmental • 2015 Adopted Expenditure Type 2016 Requested 2016 Proposed Variance $19,144 Services and Charges $15,248 Miscellaneous $22,644 $22,644 $3,500 $11,974 $11,974 -$3,274 $34,392 Total Ex•enditures $34,618 $34,618 $226 Operating Expenditures $40,000 $35,000 $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 $0 r A_ 2015 2016 2016 Adopted Requested Proposed Services and Charges Miscellaneous $407,900 Capital Outlay Computer Purchases over $500/AII Other Purchases $1,000 or more with a useful life of 1 year or more. 2015 Adopted 2016 Requested 2016 Proposed GENERAL FUND $1,800 Mayor & City Council $140,800 MIS $29,014 Finance $10,750 Administration $66,900 Plant $900 Community Development $202,170 Police $466,325 Fire $35,383 Building Inspections $22,000 Civil Defense $1,200 Engineering $249,549 Streets $1,226,791 Total General Fund $387,500 $58,755 Library $136,369 Parks $1,800 $900 $116,125 $98,865 $6,000 $4,000 $79,700 $67,800 $2,629,400 $2,564,400 $8,100 $8,100 $266,150 $207,800 $419,400 $255,400 $9,400 $3,500 $32,900 $900 $323,100 $261,100 $3,892,075 $3,472,765 St Croix Valley Recreation Center $106,900 $1,799,000 $2 651 559 TOTAL $6 423 425 $202,900 $76,900 $374,000 $4,344,115 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 2015 2016 2016 Adopted Requested Approved General Fund SCVRC Library Parks Proposed Street Projects And Funding Sources 2016 Proposed Improvements Descri • tion/Reason Cost State Aid TAF Assessment County Road 5 Pedestrian Safety Improvements County Road 12 Safety Improvements Neal Avenue Improvements 2016 Street Improvement Project Sidewalk Improvement Project County planned project in 2016 with City Cost Share County planned project in 2016 with City Cost Share Reconstructs a collector road in the annexation area Road improvement project to repair poor condition roads in the City Project repairs tripping hazards on sidewalks throughout the City $420,000 $420,000 $500,000 $1,300,000 $180,000 $1,500,000 $100,000 $400,000 $650,000 $300,000 $1,050,000 $100,000 $170,000 $450,000 $50,000 $50,000 $3,820,000 $600,000 $1,050,000 $1,400,000 $770,001 i 1 1 a t e r INF OIRTNELACE OF MINNESOTA CITY COUNCIL MEETING MINUTES July 28, 2015 REGULAR MEETING 4:30 P.M. Vice Mayor Polehna called the meeting to order at 4:34 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski (arrived at 4:35 p.m.) Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison Police Chief Gannaway Fire Chief Glaser Administration Secretary Manos OTHER BUSINESS Presentation from Washington County HRA on Community Development Block Grants Community Development Director Turnblad introduced Melissa Taphorn, Deputy Executive Director, and Angie Shuppert, Community Development Program Manager, from the Washington County Housing and Redevelopment Authority (HRA). Ms. Taphorn explained the Community Development Block Grant Program (CDBG) and the Home Investment Partnerships Program (HOME) and that Stillwater residents have access to the County -wide programs, which there is no cost to the City to participate. The two county -wide programs are: a home improvement loan program; and counseling and direct subsidies to help people remain in their home or find a new home if they are facing homelessness. Councilmember Menikheim thanked Ms. Taphorn for the presentation, however he felt Stillwater lacks a diverse population which will be needed to support the City's future goals. Mayor Kozlowski asked about cooperation with other area nonprofits, and Ms. Taphorn replied that they work closely with other nonprofits throughout the County. Councilmember Junker inquired what percentage of applications obtains funding, and Ms. Taphorn replied around 80% of the applications receive funding. Presentation of final plan for the Bergstein Buildings Community Development Director Turnblad introduced Bob Claybaugh, Historical Architect and Dan Hoisington, Historian and Interpretive Specialist. City Council Meeting July 28, 2015 Mr. Claybaugh explained the project and stated that the overall estimate for interior and exterior rehabilitation of both buildings is $595,576 and that the interior -only items account for about half the cost. The mill building would be seasonal therefore it would not be heated or air conditioned. The warehouse building's second floor is not feasible to use because considerable reinforcement and additional exits would be required. A simple open floor plan is recommended for the first floor. On a question from Councilmember Weidner that if nothing is done to reinforce the upstairs, would it be more expensive to do later, and Mr. Claybaugh responded that it probably would not be cost -prohibitive to rehab the upstairs right now, but the group could not envision any potential uses. He explained that if done later, the finished ceiling would have to be removed to insert additional joists and reinforce the exposed beam, and framing changes would need to be done to install stairs. He recommended waiting because there are unknowns, for instance where to put in an elevator or a stairway, which would be dependent on a particular use. Councilmember Junker asked if the rope -pulled elevator is operational, and Mr. Claybaugh stated that it was and that the team felt it was important to be displayed and interpreted as part of the building. Councilmember Menikheim inquired when the project could get started, and Community Development Director Turnblad stated that the next steps would be to create a working plan committee made up of those who are likely tenants, the National Park Service, the DNR, the City and others. A number of agencies have already expressed interest in being on the committee. They would take several months to put together a programming and business model. After that, the City can look for funding sources and then go out for bids. The challenge will be finding grant sources. Councilmember Weidner asked what percentage of the total cost would be targeted for grants, and Mr. Turnblad replied the entire amount, but he is not sure that will be possible. On a question from Councilmember Junker if it is possible to open up the second floor so some of the studs, chicken wire and other interpretive elements can be visible, Mr. Claybaugh responded that a panel could be opened up to see more of it. Councilmember Menikheim noted the project needs to get some visibility and garner some interest. Councilmember Weidner inquired how the buildings fit into plans for Bridgeview Park, and Mr. Turnblad confirmed that the plans do fit together. The recommendation for the buildings is a low - parking -need use. Depending on the use, the biggest limiter will be available parking. Councilmember Menikheim asked about the possibility of service clubs assisting with the project, and Community Development Director Turnblad stated it is not shovel -ready yet, but there definitely will be opportunities for such projects for volunteers. Councilmember Weidner inquired if one of the reasons for lack of parking is that St. Croix Boat and Packet uses parking almost up to the buildings, and City Attorney Magnuson explained that the former railroad right-of-way had been leased by the railroad to St. Croix Boat and Packet. When the City acquired the right-of-way, the City continued that lease on a year to year basis. Councilmember Junker stated he would be opposed to seeing a large part of riverfront area used for parking. He would like to keep it accessible through bikes or walking, and not create more parking spaces. Page 2 of 6 City Council Meeting July 28, 2015 Mr. Claybaugh remarked that during the interviews, many people stated they did not want to see the riverfront become a parking lot. They wanted to see a park. Councilmember Polehna expressed concerned about the trail's proximity to the drive area. The road is eroding and felt that all this needs to be addressed. He felt the Council needs to be creative and look at parking throughout the whole City. Mr. Hoisington noted that the interpretation of the site will depend on how the building is used. There are three key assets to the site: 1) its location in one of the great historic towns in the Midwest; 2) its uniqueness that it was used by a Jewish family living and operating a business away from the Twin Cities; 3) the archaeological district - Hersey Bean was one of the great lumber mills in the country. He continued by stated that because of the Jewish history and the lumbering history, there are many partners who are interested in the project. It is a great asset to be used to teach the history of the City. Councilmember Menikheim stated he would like to serve on the committee because it is his Ward. Councilmember Weidner asked about funding sources. Community Development Director Turnblad responded that part of the committee's work will be to write grant applications. Councilmember Menikheim pointed out what he believes is an error in the report. The lodging tax through the CVB is meant only to be used on the lodging industry. City Attorney Magnuson responded that is correct, except if the CVB funds were used to fund rent or ownership of the building. Mr. Hoisington noted the State Legacy Fund will probably be the best direct and easiest source of funding. The key will be to have a good plan written up. Fire Station Update - John Huenink, Kraus -Anderson Community Development Director Turnblad informed the Council that the Fire Station is close to getting a Certificate of Occupancy. John Huenink, Kraus Anderson, told the Council that construction is on budget and on time. There are minor punch list items to be completed and more information on completion of the road should be available this week. Councilmember Polehna noted the landscaping is very poor and needs to be re -seeded. There are big rocks and sticks there. Mr. Huenink replied that the landscaping contractor is responsible for making sure problems caused by erosion are repaired and that it is one of the punch list items. STAFF REPORTS Police Chief Gannaway reminded the Council that August 4 is National Night to Unite. The main event will be at Washington Square Park and nine separate neighborhood events are planned. Fire Chief Glaser reported that the Washington County Fair starts this week. Saturday is Firefighters' Day. Public Works Director Sanders stated work will start Thursday to repair a small sinkhole on Mulberry Street. He informed the Council that a culvert crossing near Highway 5 is being investigated; Washington County will install flashing yellow arrows on County Road 5 and the flashing arrow may be installed at the City's signal at Market Place and Curve Crest Boulevard also which it could likely be funded using State Aid money. Page 3 of 6 City Council Meeting July 28, 2015 Administrator McCarty reminded the Council that the next Council meeting, August 18, will begin at 3:30 p.m. with a budget work session. The Board and Commission Picnic is August 20 at Pioneer Park. RECESS The meeting was recessed at 5:46 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:03 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Public Works Director Sanders Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser IT Manager Holman Administration Secretary Manos PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of July 21, 2015 regular meeting minutes Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to approve the July 21, 2015 regular meeting minutes. All in favor. STAFF REPORTS CONTINUED Rose Holman, IT Manager, updated the Council about upgrading and restructuring the City website. The cost estimate is higher than budgeted; however there are savings in other areas that may be used to make up the difference. The Council will be presented with three possible designs at a future meeting. Ms. Holman explained her Consent Agenda request to purchase two ruggedized laptops for the Police Department. PETITIONS, INDIVIDUALS DELEGATIONS & COMMENDATIONS Log Jam Update Brad Glynn, The Locals, summarized the event. Many positive comments were received. The park layout and the amphitheater worked very well. He thanked the Council for the park improvements. Attendance was about double from last year, around 20,000. It was very manageable from a public safety standpoint, and was financially sustainable and that all bills are paid. He continued by stating that cooperation with public safety and City staff was fantastic. Page 4 of 6 City Council Meeting July 28, 2015 There were no emergency calls or reports of vandalism. He thanked all the volunteers and participants. Councilmembers commended The Locals on how well the festival went. OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2015-137, directing payment of bills Resolution 2015-138, authorizing contracts for the Bergstein Warehouse painting Resolution 2015-139, resolution to enter into agreement between Washington Conservation District and members of the 2016-2018 East Metro Water Resource Education Program (EMWREP) Possible approval of Temporary Liquor License - St. Mary's Church — September 11 & 13, 2015 Resolution 2015-140, appointing J. Thomas McCarty as Acting City Clerk Possible approval of website upgrades Possible approval of 2 ruggedized laptops for Police Department Councilmember Polehna asked about Resolution 2015-138, authorizing contracts for the Bergstein Warehouse painting. He asked if it would be wise to wait until the plans for the site are in place. Community Development Director Turnblad replied that funding probably would not be identified in one grant cycle. It will be a multi-year project. He feels it should be painted now. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. COMMUNICATIONS/REQUESTS Possible Beyond the Yellow Ribbon Update Councilmember Polehna thanked the Council for participating in a parade honoring three men killed in Iraq. COUNCIL REQUEST ITEMS There were no Council request items. Page 5 of 6 City Council Meeting ADJOURNMENT July 28, 2015 Motion by Councilmember Junker, seconded by Councilmember Weidner, to adjourn the meeting at 7:25 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk Resolution 2015-137, Directing the Payment of Bills Resolution 2015-138, Authorizing contracts for the Bergstein Warehouse painting Resolution 2015-139, Resolution to enter into agreement between Washington Conservation District and Members of the 2016-2018 East Metro Water Resource Education Program (EMWREP) Resolution 2015-140, appointing J. Thomas McCarty as Acting City Clerk Page 6 of 6 MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: August 10th, 2015 RE: Lowell Park- Overhead Power Lines DISCUSSION Staff has received a preliminary estimate from XCEL Energy for a potential project to bury the overhead power lines along Lowell Park from Nelson Street to Laurel Street. Their preliminary estimate is $1,500,000 cost to the City. This is just a scoping estimate, and in order to get a better understanding of the costs, XCEL would need to do a more detailed engineering estimate This estimate will cost $30,000 to the City and would take three or four months complete. There is potential to use monies from TIF District to pay for this study. Other factors that need to be taken into account and will not be a part of XCEL's estimate include: 1. The City is responsible in communicating with other utilities in relocating their overhead lines( Cable and Telephone). This may be additional cost to the City. 2. City would be responsible to relocate any private overhead electrical services. (MNDOT , Marina businesses, PD Pappys...) 3. City would have to find locations for new transformers 4. When the power poles are removed, there will be no lights for the parking lots. These should be replaced. (This could be a combined project with trail lighting). 5. Restoration( vegetation, trail, parking lots, and irrigation) 6. Soil conditions 7. Winter construction. These issues/ costs would be looked during the time that XCEL works on the engineering estimate. City funding for this project not been examined but Xcel Energy has a recovery program procedure for the undergrounding of the distribution power lines through its "City Requested Facility Surcharge", CRFS. This program would recover the cost of the project through a surcharge fee over a certain period and would be passed on to electrical customers. As part of the engineering study, Xcel would determine if this project is a "special facilities" project and thus making it eligible for the CRFS program. If the City chooses to go the CRFS route, to fund the project the $30,000 fee for the engineering estimate will be credited to the project. The City is not obligated to continue with the project after the engineering estimate has been completed. Attached is the letter from XCEL Energy regarding the scoping estimate. Representatives from XCEL will be at the meeting for questions regarding the project. Xcel Ener - 1700 East County Road E White Bear Lake, Minnesota 55110-4658 June 5, 2015 Mr. Shawn Sanders Public Works Director City of Stillwater 216 — 4th Street North Stillwater, MN 55082-4807 Re: City Request For Information on Potential Special Facilities Project Undergrounding Project — Nelson Street to Laurel Street Your City has requested information from Northern States Power Company, a Minnesota corporation ("Xcel Energy" or the "Company") regarding a potential undergrounding project in the vicinity of Nelson Street to Laurel Street. Based on our understanding of this potential project and our experience with similar projects, we believe that this may be a "special facilities" project. Section 53 of the rules and regulations of our Minnesota Electric Rate Book (tariff) contains the definition of standard and "special facilities". To determine if this is a "special facilities" project we need to complete a scoping estimate. Attachment A is a "Scoping Estimate" form. A scoping estimate is a broad based estimate of the project cost; it is not a definitive project cost estimate or a cost guarantee. Please review the project information on the Scoping Estimate form. Include any additional information necessary to clearly and accurately define the proposed project and any City -imposed conditions or requirements. Please sign and return the Scoping Estimate form to us, as indicated at Step 2 of the form. Xcel Energy will then provide you with the completed Scoping Estimate of the project's estimated cost and a determination as to whether this is a "special facilities" project. The Xcel Energy tariff allows Xcel Energy to recover or seek recovery of any excess expenditure associated with a special facility. The available methods of cost recovery depend on several factors. For example, if the project is distribution facility undergrounding ordered by a city, the cost recovery procedures in our City Requested Facilities Surcharge ("CRFS") Rider may apply (see Attachment B). The CRFS May also apply if a City requests undergrounding and agrees to use the CRFS. This is a Minnesota Public Utilities Commission ("MPUC") approved automatic surcharge on electric customers within your City only. If the "special facility" does not involve the undergrounding of a distribution facility pursuant to a City's police powers, or if the City and Xcel Energy do not mutually agree to use the CRFS to recover the excess expenditures for a distribution undergrounding project, use of a surcharge to recover excess expenditures requires a specific filing and approval by the MPUC. The City can also choose to prepay or to otherwise arrange for payment of the excess expenditures for special facilities. Attachment C explains how we will notify you if we attempt to recover the excess expenditures through the CRFS Rider. Please note that your City has the right to challenge: (1) Xcel Energy's determination that a surcharge is authorized; (2) the amount of the surcharge; and (3) whether the surcharge is recovered from Xcel Energy's customers in your City only. Next Steps After you review and return the signed Scoping Estimate form, Xcel Energy will send you the completed scoping estimate, along with more specific information related to the potential use of the CRFS Rider for recovery of excess expenditures of an undergrounding of a distribution line or other special facilities project. Upon receiving this information, the City can assess its interests and options and decide how to proceed. If you have any questions, please feel free to contact me directly at 651/779-3105. Sincerely, 4'�, 114 Colette Jure Community Relations Manager colette.c.jurek@xcelenergy.com ATTACHMENT A SCOPING ESTIMATE A "Scoping Estimate" is provided by Xcel Energy for the convenience of the entity ordering or requesting the project. This approximation is our initial assessment of the costs associated with an ordered or requested project. The Scoping Estimate is generally based on our previous experience with comparable projects and uses historical cost data. This estimate, therefore, is only a "ballpark" estimate of the costs associated with this project. The actual costs may be higher or lower. We use the Scoping Estimate to determine whether the installation requested may constitute a "special facility." This estimate normally precedes our more refined Engineering Estimate. STEP l: CHARACTERIZATION OF PROPOSED PROJECT (TO BE COMPLETED BY XCEL ENERGY) Requestor Name: City of Stillwater/Shawn Sanders, Public Works Director Address: 216 — 4t11 Street North Stillwater, MN 55082-4807 Telephone: 651/430-8835 E-mail: ssanders@ci.stillwater.mn.us Project Information. Description of the type of project requested, its proposed location and the reason for the request: City of Stillwater has requested an undergrounding estimate regarding plans to underground distribution facilities in the vicinity of Water Street from Nelson Street to Laurel Street. The project requested by the City of Stillwater includes removal of the existing overhead electric distribution system and replacing that system with a new underground electric distribution system. Project Assumptions. Include any additional conditions or assumptions regarding the project description that may impact cost. Identify tasks that are Xcel Energy's responsibility and tasks that are the Requestor's responsibility. City of Stillwater is interested in burying overhead distribution lines wherever feasible along this stretch of roadway. Xcel Energy will replace the existing overhead distribution system with a new underground distribution system and a connection to a feeder line on Manning Avenue/Highway 96 that will result in providing Xcel Energy the equivalent operating characteristics and system reliability as the system we are being asked to replace. This project is proposed to be installed in the existing and/or newly acquired Page 1 of 5 road right-of-way. If additional easements are necessary to accommodate the installation of the new underground distribution facilities, those costs will be added to this project and will be the responsibility of the City. The surcharge amount will reflect actual, not estimated, project costs. Xcel Energy responsibilities: City of Stillwater responsibilities: Letters to affected customers Permit applications to appropriate bodies Inform City of suggested equipment pad locations (Xcel Energy will not acquire easements) Ground restoration Communication/coordination with other utilities of existing or new facilities. Easement acquisition Street light replacements Surveying along entire project as required by Xcel Energy for their buried facilities. The city will be required to work with existing overhead service customers impacted by this project to convert their electric service from overhead to underground at no cost to Xcel Energy. This may include the acquisition of easements and/or additional right-of- way necessary for new surface mounted equipment such as transformers, pedestals, underground cable, switching equipment, etc. Any additional right-of-way or easement acquisition not related to a customer's electric service conversion that is necessary for the installation of new surface mounted equipment is also the responsibility of the City. The City will also be responsible for the cost of removal or any privately -owned electric circuits attached to existing Xcel Energy poles prior to their removal. Joint responsibilities: communication with property owners along the proposed route Project scheduling The estimate does NOT include the following: • underground sprinkler system repair and/or replacement; • possible additional costs incurred due to soil conditions that might impair the installation of underground facilities such as rock formations; • delay time for Xcel Energy crews as the result of actions or decisions made by the City or other parties; • relocation of night watch lights; • repair and/or replacement of customer -owned underground facilities not exposed at the time service is installed; and • any streetlight improvements and/or additions. • easements • restoration • additional costs due to frost and/or winter construction charges Page 2 of 5 • replacement of privately -owned shrubbery located in public right-of-way (existing or new) or easement areas (existing or new) where necessary to install underground facilities Transfer of Customers to Underground Service Xcel Energy has no authority to compel customers to transfer to underground service. Property owners must voluntarily agree to convert to underground electric service. It is our understanding that the City will be responsible for the conversion coordination and the payment of underground electric service conversion costs for customers operating with a delta service. The conversion work will need to be completed by a private electrical contractor and those costs are not included in this estimate. We recommend that the City contract with one electrical company to complete the conversion work for this project. Please be advised that our residential underground service rate is an additional $2.00 per month per customer on an on-going basis. Date: 6/5/15 Xcel Energy Preparer Name: Colette Jurek Signature: Manager — Community & Local ernment Relations STEP 2: VERIFICATION (TO BE COMPLETED BY REQUESTOR) Please confirm that the information detailed above reasonably describes the ordered or requested project by signing and dating below. Alternatively, if you believe that the project has not been reasonably described, please contact Xcel Energy. The project as described above on this Scoping Estimate is a reasonably accurate description of our ordered/requested project. Date: Name: Shawn Sanders Signature: Title: Public Works Director Please return this form to (addressee, Xcel Energy) STEP 3: SCOPING ESTIMATE (TO BE COMPLETED BY XCEL ENERGY) To determine whether the proposed project is a special facility, Xcel Energy estimated the cost to do the project using Company -designated standard construction, and the cost to construct the project as ordered/requested. If the project as ordered/requested costs more than the standard construction, then Xcel Energy regards it as a special facility. The estimated excess expenditures are determined by subtracting the cost of the project using standard methods from the cost of the project as requested: Page 3 of 5 Estimate of cost of ordered/requested project: $ 1,500,000.00 Estimate of cost of project using standard construction: $ Not applicable Estimated Excess Expenditures: $ 1,500,000.00 Additional comments: If the landowners involved do not cooperate or if the City of Stillwater requests changes to the assumptions this estimate is based on, a new estimate will have to be produced based on the new project scope. If the City of Stillwater wishes to change the scope of the project, please let us know. We would be happy to review those considerations and potential cost differences with you. Date: Xcel Energy Preparer Name: Signature: Title: Xcel Energy Electric Engineer STEP 4: REQUEST FOR ENGINEERING ESTIMATE (TO BE COMPLETED BY REQUESTOR) After you have reviewed this scoping estimate, please indicate whether you wish to proceed to obtain more information on construction by filling in the appropriate blanks below. If you wish to proceed, a more definitive Engineering Estimate is required. The cost for the engineering estimate will be $30,000. This amount will be applied as a credit against the CRFS total project cost (if the city proceeds with undergrounding the section from Nelson to Laurel as a CRFS project). Xcel Energy estimates a 3-4 month timeframe to complete the engineering estimate (dependent on existing workload). Please check the appropriate box and sign and return this form to (addressee, Xcel Energy) The City has received and reviewed your Scoping Estimate, and is interested in obtaining more infotination. Please provide me with a more detailed Engineering Estimate of the costs associated with this project. The engineering estimate will cost $30,000 and will take approximately 3-4 months to complete (dependent on existing workload). The $30,000 cost will be credited against the total project cost when the city proceeds with the CRFS project. City will forfeit the $30,000 engineering cost if it decides not to proceed with the CRFS project. or Page 4 of 5 The City has received and reviewed your Scoping Estimate, and is NOT interested in obtaining more information on construction. Therefore, I do not request an Engineering Estimate for this project. or The City has additional questions/concerns which need to be addressed before it can determine whether to proceed with construction. Please contact me. Date: / / Signature: Title: Page 5 of 5 Attack mcht Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK — MPUC NO. 2 CITY REQUESTED FACILITIES SURCHARGE RIDER Section No. 5 lst Revised Sheet No. 131 APPLICABILITY Applicable to bills for electric service provided under the Company's retail rate schedules in a City ordering the installation of non-standard underground Distribution Facilities. The Excess Expenditure costs for these Special Facilities are to be collected from customers located within such City in accordance with the provisions in the General Rules and Regulations, Section 5.3, SPECIAL FACILITIES. Company will provide notice to and affected City of any miscellaneous rate filing by Company under Minn. Stat. §216816, Subd. 1 to establish a Special Facilities surcharge applicable to customers in such City. RATE In each applicable City, there shall be included in the monthly minimum billing on each customer's bill a separately itemized surcharge line item determined in accordance with this Rider entitled City Requested Special Facilities. The City Requested Special Facilities Surcharge shall not be subject to current month billing adjustments or City surcharges and shall be subject to any applicable sales taxes. DETERMINATION OF CITY REQUESTED FACILITIES SURCHARGE The City Requested Special Facilities Surcharge for each applicable City project shall be calculated by determining a Class Facilities Surcharge to be applied to the Average Monthly Customers in the designated City such that the total Excess Expenditure plus carrying charges in the City Project Tracker Account are recovered over the designated Recovery Period. Average Monthly Customers shall be the projected average number of active customers in each applicable customer classification located in the City for the designated Recovery Period. Class Facilities Surcharge shall be the surcharge amount for each applicable customer classification determined in accordance with the Rules for Application. City Project Tracker Account is a regulatory asset account representing the sum of the following: (1) The total Excess Expenditures for each Distribution Facilities undergrounding project in such City, (2) Monthly carrying charges on the under recovered or over recovered monthly balance in the City Project Tracker Account based on the overall rate of return from the Company's most recent electric general rate case decision, (3) Less the recovered project costs collected to date through the applicable City's Facilities Surcharge. Recovery Period Is the number of months the City Requested Special Facilities Surcharge shall be applied to bills for a designated City project determined in accordance with the Rules for Application. Excess Expenditures shall be determined in accordance with the provisions in the General Rules and Regulations, Section 5.3. - - (Continued ion Sheet No. 5-132) Date Filed: 11-02-05 By: Cynthia L. Lesher Effective Date: 02-01-07 President and CEO of Northern States Power Company Docket No. E002/GR-05-1428 Order Date: 09-01-06 S:1General-Offices-GO-01 \PSFIRA\Rales\Current\Mn_elec\Me_5_131_r0l.doc C N N Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK — MPUC NO. 2 CITY REQUESTED FACILITIES SURCHARGE RIDER (Continued) Section No. 5 Original Sheet No. 132 RULES FOR APPLICATION 1. The Recovery Period shall not commence until the City Requested Facilities Surcharge to be applied to bills is at least $0.25 per customer per month. A surcharge of $0.25 up to and including $1.00 per customer regardless of customer class may be applied for a Recovery Period of exactly one month (e.g., a one-time surcharge). 2. For a Recovery Period greater than one month, the Class Facilities Surcharge per month per customer in each non-residential customer class for any month in which a Residential Class Facilities Surcharge is applicable shall be as follows: a. Commercial & Industrial (C&I), Street Lighting and Municipal — Non -Demand Billed: Equal to the Residential Class Facilities Surcharge. b. Small C&I and Small Municipal — Demand Billed: Three times the Residential Class Facilities Surcharge. c. Large C&I — Demand Billed: Four times the Residential Class Facilities Surcharge. However, whenever the Non-residential Class Facilities Surcharges to be billed exceed the Customer Charge applicable on a customer account, the Class Facilities Surcharge for that account shall be equal to such Customer Charge. 3. A Residential Class Facilities Surcharge of $0.25 up to and including $1.00 per Residential customer per month will be applied each month whenever the City Project Tracker Account balance to be collected allows for a Recovery Period of 36 months or less. 4. A Residential Class Facilities Surcharge of over $1.00, up to and including $4.50, per Residential customer per month will be applied each month for a Recovery Period of 36 months whenever the City Project Tracker Account balance is uncollectable at a Residential Class Facilities Surcharge level of $1.00 or Tess, provided that the surcharge amount for any Residential class customer account receiving a Low Income Energy Discount shall not exceed $1.00 per month. A Residential Class Facilities Surcharge of $4.50 per Residential customer per month for a Recovery Period of 36 months up to and including 60 months will be applied only when necessary to recover the City Project Tracker Account balance, provided a surcharge of $4.50 may be collected pending Commission action on a Company petition or City complaint to modify the design of the rate surcharge for a specific project which cannot be recovered in 60 months. 5. (Continued on Sheet No. 5-133) Date Filed: 11-02-05 By: Cynthia -L. Lesher Effective Date: 02-01-07 President and CEO of Northern States Power Company Docket No. E002/GR-05-1428 Order Date: 09-01-06 S:\Gen eral-Offices-GO-01 \PS F\RA\Ra tes\Current\Mn_eleclMe_5_ 132.doc Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK — MPUC NO. 2 CITY REQUESTED FACILITIES SURCHARGE RIDER Section No. 5 (Continued) Original Sheet No. 133 RULES FOR APPLICATION (Continued) 6. The Class Facilities Surcharges may be adjusted annually and in the last 6 months of the Recovery Period to more closely recover the balance remaining in the City Project Tracker Account. 7. Subject to the limits on monthly surcharge amounts set forth above, the Class Facilities Surcharges may also be increased at any time, with notice as provided in Section 5.3 of the General Rules and Regulations, in order to recover Excess Expenditures associated with additional Distribution Facilities undergrounding projects requested or ordered by City. Date Filed: 11-02-05 By: Cynthia L. Lesher Effective Date: 02-01-07 President and CEO of Northern States Power Company Docket No. E002/GR-05-1428 Order Date: 09-01-06 S:\G eneral-Offices-GO-01 \PS FRRA\Rates\Cu rrent\Mn_etec\M e_5_ 133.doc Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Minneapolis, Minnesota' 55401 MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2 GENERAL RULES AND REGULATIONS (Continued) Section No. 6 2nd Revised Sheet No. 27 5.2 GENERAL EXTENSION (Continued) Non-refundable payments will be in the amount determined by subtracting from the total estimated installation cost the product of three and one half (3.5) times the anticipated annual revenue, excluding the portion of the revenue representing fuel -cost recovery, as set forth in Section 5.1, STANDARD INSTALLATION. Additional refundable payments may be required where service is extended and where customer occupancy is expected to be delayed. In such cases, for each additional customer served directly from the original contracted extension within five years from the date of its completion, the person who made the advance payment will receive proportionate refunds as additional customers take occupancy. The total of such refunds will in no event exceed the total refundable advance payment. Refunds will be made only for line extensions on private property to a single customer served directly from the original contracted facilities. 5.3 SPECIAL FACILITIES A. Definitions For the purposes of Section 5.3 and the City Requested Facilities Surcharge Rider, the following definitions apply: 1. "Distribution Facilities" are defined as all primary and secondary voltage wires, poles, insulators, transformers, fixtures, cables, trenches, ductlines, and other associated accessories and equipment, including substation equipment, rated 35kV class and below, whose express function and purpose is for the distribution of electrical power from the Company's distribution substation directly to residential, commercial, and/or industrial customers. Distribution Facilities exclude all facilities used primarily for the purpose of transferring electricity from a generator to a substation and/or from one substation to another substation. As such, Distribution Facilities serve only customers on the primary and secondary rates of the Company. 2. "Transmission Facilities" are defined as all poles, towers, wires, insulators, transformers, fixtures, cables, and other associated structures, accessories and equipment, including substation equipment, rated 25kV class and above, whose express function and purpose is the transmission of electricity from a generator to a substation or substations, and from one substation to another. 3. "Municipality" is defined as any one of the following entities: a county, a city, a township or other unit of local government. 4. "City" is defined as either a statutory city or a home rule charter city consistent with Minn. Stat. Sections • 410.015 and 216B.02, Subd. 9. (Continued 'on Sheet No. 6-27.1) . Date Filed: 11-02-05 By: Cynthia L. Lesher Effective Date: 02-01-07 President and CEO of Northern States Power Company Docket No. E002/GR-05-1428 Order Date: 09-01-06 S:\General-Offices-GO-01\PSF\RA\Rates\Current\Mn_elec\Me_6_27_r02, pz.doc Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. -Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK — MPUC NO. 2 GENERAL RULES AND REGULATIONS (Continued) Section No. 6 Original Sheet No. 27.1 5.3 SPECIAL FACILITIES (Continued) A. Definitions (Continued) 5. "Standard Facilities" are those facilities whose design or location constitute the reasonable and prudent, least -cost alternative that is consistent with the existing electric system configuration, will meet the needs of the Company's customers and will maintain system reliability and performance under the circumstances. In determining the design or location of a "Standard Facility", the Company shall use good utility practices and evaluate all of the circumstances surrounding the proposal, including (i) public and employee safety in the installation, operation and maintenance of the facility, (ii) compliance with the National Electrical Safety Code, other applicable engineering standards and electric utility norrns and standards, (iii) electric system reliability requirements, (iv) the presence, age, condition and configuration of existing facilities in the affected area, (v) the presence and size of existing right-of-way in the affected area, (vi) existing topology, soil, spacing, and any environmental limitations in the specific area, (vii) existing and reasonably projected development in the affected area, (viii) installation, maintenance, useful life and replacement cost factors, and (ix) other relevant factors under the particular circumstances. 6. "Special Facilities" are non-standard facilities or the non-standard design or location of facilities as provided in Section 5.3(B). 7. "Excess Expenditure" is defined as the total reasonable incremental cost for construction of Special Facilities, including: the value of the un -depreciated life of existing facilities being removed and removal costs less salvage; the fully allocated incremental labor costs for design, surveying, engineering, construction, administration, operations or any other activity associated with said project; the incremental easement or other land costs incurred by the Company; the incremental costs of immediately required changes to associated electric facilities, including backup facilities, to ensure reliability, structural integrity and operational integrity of electric system; the incremental taxes associated with requested or ordered Special Facilities; the incremental cost represented by accelerated replacement cost if the Special Facility has a materially shorter life expectancy than the standard installation; the incremental material cost for all items associated with said construction, less salvage value of removed facilities, and any other prudent costs incurred by Company directly related to the applicable Special Facilities. (Continued on Sheet No. 6-27.2) Date Filed: 11-02-05 By: Cynthia L. Lesher Effective Date: 02-01-07 President and CEO of Northern States Power Company Docket No. E002/GR-05-1428 • Order Date: 09-01-06 S:\General-Offices-GO-01 \PS F\RA\Rates\Current\Mn_elec\Me_6_27-1 _r01. doc Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK — MPUC NO. 2 GENERAL RULES AND REGULATIONS (Continued) Section No. 6 Original Sheet No. 27.2 5.3 SPECIAL FACILITIES (Continued) B. General Rule 1. When the Company is requested by a customer, group of customers, developer, or Municipality to provide types of service that result in an expenditure in excess of the Company designated standard service installation as provided under Section 5.1, STANDARD INSTALLATION, or designated standard Distribution Facilities or Transmission Facilities under Section 5.3 (A)(5) the requesting customer, group of customers, developer, or Municipality will be responsible for such Excess Expenditure, unless otherwise required by law. Common examples of Special Facilities include duplicate service facilities, special switching equipment, special service voltage, three phase service where single phase service is adequate, excess capacity, capacity for intermittent equipment, trailer park distribution systems, underground installations to wood poles, conversion from overhead to underground service, specific area undergrounding, other special undergrounding, location and relocation or replacement of existing Company facilities. 2. When requested under Section 5.3 (B)(1) the Company will evaluate the circumstances and determine the Standard Facility(ies) that would be appropriate to the particular situation. From this evaluation, the Company will determine the facilities design/configuration for the proposed project that meets the definition of a Standard Facility. This design/configuration shall constitute the Standard Facility for purposes of determining the Excess Expenditure associated with any requested or ordered Special Facility, including a Special Facility subject to a City Requested Facilities Surcharge or other rate surcharge. 3. Subject to the requirements of applicable law, and subject to the Company's previously scheduled or emergency work, the Company will initially install Special Facilities or will replace, modify or relocate to a Company -approved location or route its existing Distribution Facilities or Transmission Facilities (a) upon the request of a customer, a group of customers, developer, or upon request or lawful order of a Municipality if the Company determines the requested or ordered Special Facilities will not adversely affect the reliability, structural integrity, ability to efficiently expand capacity or operational integrity of the Company's Distribution Facilities or Transmission Facilities; and (b) the requesting or ordering customer, group of customers, developer, or Municipality arranges for payment of the Excess Expenditures under Section 5.3(E)(1) or 5.3(E)(2), or a requesting or ordering City elects that the Excess Expenditures for undergrounding of Distribution Facilities be recovered by surcharge under Section 5.3(E)(3). (Continued on Sheet No. 6-28) Date Filed: 11-02-05 By: Cynthia L. Lesher Effective Date: 02-01-07 President and CEO of Northern States Power Company Docket No. E002/GR-05-1428 Order Date: 09-01-06 S:\General-Offices-GO-01 \PSF\RA\Rates\Current\Mn_elec\Me_6_27-2.doc Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. ' Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK — MPUC NO. 2 GENERAL RULES AND REGULATIONS (Continued) Section No. 6 lst Revised Sheet No. 28 5.3 SPECIAL FACILITIES (Continued) C. Special Facilities In Public Right -Of -Way 1. Whenever a Municipality as a governing body of public right-of-way orders or requests the Company to replace, modify or relocate its existing Distribution Facilities or Transmission Facilities located by permit in said public right-of-way to the extent necessary to avoid interference with construction on said public right-of-way, such facilities will be replaced, modified or relocated at Company expense, provided the construction is the Standard Facility(ies) installation designated by the Company. 2. If the Municipality requests or orders a facility other than the standard facility(ies) determined under 5.3(C)(1), the Company will provide the Municipality notification of the Excess Expenditure compared to the Standard Facility. If the Municipality requests or orders a type of construction with cost in excess of the Company designated standard construction, recovery of such Excess Expenditures will be subject to Section 5.3(E). 3. Except in emergencies, the Company has no obligation to commence initial construction of new Special Facilities, or to commence construction for replacement, modification, reconstruction or relocation of existing facilities, until the Company receives a permit, or other written authorization, from the Municipality (or its designee) having jurisdiction over use of the applicable public right-of-way, authorizing the construction at a Company -approved reasonable location within the public right-of-way or at a location established by lawful order of the Municipality. 4. The Company reserves the right to require an order from a Municipality if the Company determines the requested Special Facilities constitute an improvement primarily for the benefit of a landowner or other group and only an incidental benefit to public use of the right-of-way. The Company also reserves the right to challenge the lawfulness of a Municipality's order. D. Underground Facilities Requirements The following provisions apply when replacing overhead facilities with underground facilities: 1. The customer, at customer's expense, must engage an electrician to adapt the customer's electrical facilities to accept service from Company underground facilities. The Company will allow reasonable time for the customer to make the necessary alterations to their facilities, before removal of the existing overhead facilities. The customer, group of customers, developer or Municipality must provide Company reasonable notice of the undergrounding request so Company may efficiently plan and install such facilities. (Continued on Sheet No. 6-29) Date Filed: Docket No. 11-02-05 By: Cynthia L. Lesher. Effective Date: President and CEO of Northern States Power Company E002/GR-05-1428 Order Date: S:\Ge nera l -Offices -GO -01 \PS F\RA\Rates\Current\Mn_elec\Me_6_28_r02.doc 02-01-07 09-01-06 Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK — MPUC NO. 2 GENERAL RULES AND REGULATIONS (Continued) Section No. 6 lst Revised Sheet No. 29 5.3 SPECIAL FACILITIES (Continued) D. Underground Facilities Requirements (Continued) 3. Perpetual easements will be granted Company at no cost to the Company whenever any portion of fhe underground distribution system is located on private land. Said private easements also will allow the Company access for inspection, maintenance, and repair of Company facilities. 4. The Company must receive, by franchise or permit, full access to its facilities installed underground for the purpose of inspection, maintenance, and repair of such facilities, such right of access to include the right to open public ways. 5. The Municipality will give sufficient notice and will allow the Company sufficient time to place its facilities beneath public ways while the same are torn up for resurfacing. The Municipality shall provide Company with access to the tom up public ways during such period so that Company will have unobstructed use of sufficiently large sections of the public ways to allow installation of the underground facilities in an economic manner. 6. Secondary voltage service supplied from an underground distribution lateral installation will require that the customer install, own, and maintain necessary conduits and secondary service conductors or bus duct to a point designated by Company within or adjacent to the secondary compartment of the transformer or vault. Company will make final connection of customer's secondary service conductors or bus duct to Company's facilities. 7. Secondary voltage service supplied from underground secondary service conductors require that the customer install, own, or maintain necessary conduits on private property to a point designated by the Company at or near the property line. The secondary service conductors usually will be installed by the customer in the customer's conduit, however, in some installations it may be preferred to have Company provide a continuous installation from the Company facilities through the customer conduit to the customer's service equipment. In these installations the customer must pay the total installed cost of the Company's cable installed on private property. The Company will make the final connection of customer's secondary service connectors to Company's facilities. 8. The customer, group of customers, developer or Municipality will be subject to any charges imposed as a result of the conditions set forth in Section 5.1, STANDARD INSTALLATION and charges for Special Facilities as provided in this Section 5.3. (Continued on Sheet No. 6-29.1) Date Filed: 11-02-05 By: Cynthia L. Lesher Effective Date: 02-01-07 President and CEO of Northern States Power Company Docket No. E002/GR-05-1428 Order Date: - 09-01-06 S:\General-Offices-GO-01 \PSF\RA\ Rates \Current\Mn_elec\Me_6_29_r01.doc Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK — MPUC NO. 2 GENERAL RULES AND REGULATIONS (Continued) Section No. 6 Original Sheet No. 29.1 5.3 SPECIAL FACILITIES (Continued) E. Special Facilities Payments 1. Where the requesting or ordering party is required to prepay or agrees to prepay or arrange payment for Special Facilities, the requesting or ordering party shall execute an agreement or service form pertaining to the installation, operation and maintenance, and payment of the Special Facilities. Payments required will be made on a non-refundable basis and may be required in advance of construction unless other arrangements are agreed to in writing by the Company. The facilities installed by the Company shall be the property of the Company. Any payment by a requesting or ordering party shall not change the Company's ownership interest or rights. Payment for Special Facilities may be required by either, or a combination, of the following methods as prescribed by the Company: a single charge for the costs incurred or to be incurred by the Company due to such a special installation or a monthly charge being one -twelfth of Company's annual fixed costs necessary to provide such a special installation. The monthly charge will be discontinued if the special facilities are removed or if the requester eventually qualifies for the originally requested Special Facilities. 2. Where Special Facilities are requested or ordered by a Municipality which is not a City, or in circumstances other than those addressed in Section 5.3(E)(3), and payment is not made or arranged by the Municipality, the Company may seek approval of the Commission to allow the Excess Expenditures to be the responsibility of the Company's customers residing within the Municipality and may seek approval by the Commission pursuant to Minn. Stat. Chap. 216B to allow recovery of such expenditures from those customers through a rate surcharge or other method. Company will provide notice to an affected Municipality of any miscellaneous rate filing by Company under Minn. Stat. Sect. 216B.16, Subd. 1,.to establish a Special Facilities surcharge applicable to customers in such Municipality. Customers in the applicable Municipality will be notified of (a) the implementation of the Special Facilities surcharge through either a bill message or bill insert during the month of implementation of such surcharge, and (b) any change in the surcharge. Continued on Sheet No. 6-29.2) Date Filed: 11-02-05 By: Cynthia L. Lesher Effective Date: 02-01-07 President and CEO of Northern States Power Company Docket No. E002/GR-05-1428 Order Date: 09-01-06 S:\Gen eral-Offices-GO-01\PSFIRA1Rates\Current\Mn_elec\Me_6_29-1.doc Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK — MPUC NO. 2 GENERAL RULES AND REGULATIONS (Continued) Section No. 6 1st Revised Sheet No. 29.2 SPECIAL FACILITIES (Continued) E. Special Facilities Payments (Continued) 3. Where undergrounding of Distribution Facilities as a Special Facility is ordered by a City, and payment for excess expenditure is not made or arranged by the City, the Excess Expenditures will be recovered from the Company's customers located in the City through a rate surcharge set forth in Section 5.3 (F) and the City Requested Facilities Surcharge Rider subject to the following conditions: a. The Company shall provide written notice to the City containing the following: the estimated total excess expenditures required for the designated City undergrounding project and an estimate of the resulting surcharge; ii. notice to the City Clerk that the City has sixty (60) days from its receipt of the notice to file with the Commission an objection to the proposed surcharge under Minnesota Statutes 216B.17 or other applicable law. The notice shall contain a brief statement of facts and tariff or other legal authority on which the Company bases its right to surcharge the ratepayers located in the City. b. Within the sixty (60) day period noticed by the Company, the City may give written notice to the Company of its intention to pay all, a portion or none of the estimated Excess Expenditures, or otherwise enter into an agreement with the Company regarding payment of any Excess Expenditures. If the City does not respond in writing within the sixty (60) days, it is deemed to have elected not to pay any portion of the Excess Expenditures and will have waived its right to object to the Company's right to surcharge ratepayers in the City for the Excess Expenditures. Such failure, however, is not a waiver of the City's right to object to the Company's Excess Expenditures surcharged to ratepayers in the City, which objection may be exercised pursuant to other applicable law. c. A rate surcharge set forth in Section 5.3(F) and the City Requested Facilities Surcharge Rider may be used to recover the excess Expenditures of Distribution Facilities when such projects are initiated and controlled by a city even if the city does not act within its police powers to require the undergrounding project to be completed and the City and Company mutually agree in writing to using such a surcharge. (Continued on Sheet No. 6-29.3) Date Filed: 11-02-05 By: Cynthia L. Lesher Effective Date: 02-01-07 President and CEO of Northern States Power Company Docket No. E002/GR-05-1428 Order Date: 09-01-06 S:\General-Offices-GO-01 \PSFIRA\Rates\Current\Mn_elec\M e_6_29-2_r01.doc Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK — MPUC NO. 2 GENERAL RULES AND REGULATIONS (Continued) Section No. 6 lst Revised Sheet No. 29.3 SPECIAL FACILITIES (Continued) E. Special Facilities Payments (Continued) d. The City may bring its objection to the proposed surcharge to the Commission by filing a statement of objection with the Commission and serving the Company within sixty (60) days. An objection proceeding shall not halt or delay the project, except for good cause shown. Notice and implementation of the surcharge shall be stayed until the Commission or a court of competent jurisdiction issues a final order or judgment. e. Nothing in this tariff is intended to establish or limit the rights of a Company customer that is a member of the class of customers surcharged or proposed to be surcharged from pursuing its rights under applicable law. f. Customers in the applicable City will be notified of: (i) the implementation of a City Requested Facilities Surcharge either through a bill message or a bill insert during the month preceding the month the surcharge is commenced; and (ii) any change in a preexisting surcharge. The Company shall provide the Department and City the proposed notice to customers no less than sixty (60) days prior to the first day of the month in which the Company intends to notify customers of the surcharge. (Continued on Sheet No. 6-29.4) Date Filed: 11-02-05 By: Cynthia L, Lesher Effective Date: 02-01-07 President and CEO of Northern States Power Company Docket No. E002/GR-05-1428 Order Date: 09-01-06 S:\General-Offices-GO-011PSFIRA\Rates\Current\Mn_elec\Me_6_29-3_r01.doc Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK — MPUC NO. 2 GENERAL RULES AND REGULATIONS (Continued) Section No. 6 Original Sheet No. 29.4 SPECIAL FACILITIES (Continued) F. Costs of Special Facilities Recovered by City Requested Facilities Surcharge 1. The Excess Expenditure required for any Special Facility undergrounding of Distribution Facilities requested or ordered by a City shall be subject to surcharge in accordance with the provisions of this section and the City Requested Facilities Surcharge (CRFS) Rider, if the City does not prepay or otherwise arrange payment. The surcharge shall commence on such date as determined by the Company, but no earlier than the first full billing month following at least 60 days notice to the applicable City of the planned implementation date of a surcharge. 2. City Project Tracker Account. The Company wit establish a City Project Tracker Account for the applicable City in order to track project cost recovery through customer collections. The initial balance in the Tracker Account will be the Company -determined Excess Expenditure for the applicable Special . Facilities. Excess Expenditures for subsequent, additional City requested or ordered Special Facilities may be added to the Tracker Account balance at any time to the extent additional Excess Expenditures are incurred by Company. The Tracker Account balance shall be determined as follows: a. The total Excess Expenditure ("EE") for each City Special Facility undergrounding project to be recovered through a CRFS surcharge. The EE will be adjusted to reflect actual Company costs and any direct payments made by the City for the designated construction project; b. Plus the Carrying Charge ("CC") on the unrecovered or over -recovered monthly balance in the Tracker Account based on the overall rate of return from the Company's most recent electric general rate case decision; and - c. Less the Recovered Project Costs ("RPC") equal to the actual monthly amounts billed to customers in the applicable city through the CRFS Rider, subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. (Continued on Sheet No. 6-29.5) Date Filed: 11-02-05 By: Cynthia L. Lesher Effective Date: 02-01-07 President and CEO of Northern States Power Company Docket No. E002/GR-05-1428 Order Date: 09-01-06 S:\Gen eral-Offices-GO-01 \PS F\RA\Rates\Current\Mn_elec\Me_6_29-4. doc Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2 GENERAL RULES AND REGULATIONS (Continued) Section No. 6 Original Sheet No. 29.5 SPECIAL FACILITIES (Continued) F. Costs of Special Facilities Recovered by City Requested Facilities Surcharge (Continued) 3. The Company may delay implementation of a surcharge for a City Project Tracker Account until the minimum surcharge amount provided in the CRFS Rider is reached. Any under or over recovery of the Tracker Account balance in the last month of the final Recovery Period will be expensed. The Company will limit over -recoveries to no more than $0.05 per customer at the time the Tracker Account is terminated. 4. Record Access and Reporting Requirements. The Company's records associated with a City's Tracker Account shall be available for inspection by such City at reasonable times. If requested by a City, the Company shall provide a report on the status and balance of the City Project. Tracker Account as follows: a. whenever Excess Expenditures for requested or ordered Distribution Facilities undergrounding are added to the Tracker Account for a designated or new City project, b. on or before the last business day of the month following the final month of the Recovery Period, or c. annually if the Recovery Period is greater than 12 months. 5. The surcharge for a particular Special Facility Distribution Facilities undergrounding project may be of a different design than set forth in the City Requested Facilities Surcharge Rider if approved in advance by Commission order in response to a rate filing by the Company under Minn. Stat. Section 216B.16, or in response to a complaint filed by the applicable City under Minn. Stat. Section 216B.17. Date Filed: 11-02-05 By: Cynthia L. Lesher Effective Date: 02-01-07 President and CEO of Northern States Power Company Docket No. E002/GR-05-1428 Order Date: 09-01-06 S:\Gen eral-Offices-GO-01 \PSF\RA\Rates\Current\Mn_elec\Me_6_29-5.doc Attachment C - Flow -Chart of Communications Between Xcel Energy and a City Requesting or Ordering Installation of Electric Distribution Facilities as a Special Facility City Xcel Energy 1) City contacts Xcel Energy regarding potential electric distribution project. 3) City reviews project information, verifies or changes project information and assumptions, signs Scoping Estimate form and returns it to Xcel Energy. 2) Xcel Energy prepares and sends City a letter outlining project information and assumptions and a partially completed "Scoping Estimate" form. Ai 4) Xcel Energy develops scoping estimate of cost of the 5) City decides to proceed with obtaining an engineering estimate, notifies Xcel Energy. project as requested or ordered by City and cost of project using standard Installation, and preliminarily verifies whether the project as requested by City is a "special facilities" project. Xcel Energy completes and returns the "Scoping Estimate" form. 7) If: (1) City decides to order Xcel Energy to install special or standard facilities, or (2) if this is a distribution undergrounding request and City chooses not to prepay and allows Xcel Energy to recover excess expenditures via the CRFS Rider, then see (8). 10) Within 60 days from receipt of surcharge notification a City ordering installation of special facilities can respond regarding its preferred payment option provided by the tariff, or notify MPUC of the City's objection to the imposition of the surcharge. 6) Xcel Energy completes and provides City a detailed engineering -based cost estimate that provides: additional detail on project using both standard and special facility installations; excess expenditures; and estimated monthly rate surcharge amounts as per CRFS Rider tariff 8) Xcel Energy sends construction notification confirmation letter and commences construction. 6-05-2002 9) Xcel Energy completes construction and sends notice of CRFS surcharge implementation. 11) If City does not respond or file an objection, CRFS rate surcharge is implemented. EXHIBIT "A" TO RESOLUTION #2015-141 Page 1 LIST OF BILLS 1ST Line/Leewes Ventures LLC Ace Hardware Action Rental Inc. Alexis Fire Equipment Company Al's Coffee Company Aspen Mills Bluestem Heritage Group Board of Water Commissioner Brines Market BWBR C. Hassis Yard Services Campbell Brent Carquest Auto Parts CDW Government Inc. Century Link Century Power Equipment Clifton LarsonAllen LLP Coca-Cola Refreshments Cole Papers Comcast CoStar Realty Information Inc Countryside Repair Cub Foods Dalco Deneen Pottery Diamond Vogel Paints Dogpoopbags.com ECM Publishers Egger Alison Englishmens Carriage House Fastenal Company Felsch Chris Fire Safety U.S.A. Flexible Pipe Tool Co. Foremost Promotions Fuhr Trenching G & K Services Hardrives Inc. HD Supply Waterworks Ltd. Hedberg Aggregates Heritage Printing Inc. Holiday Companies Holiday Credit Office Jefferson Fire and Safety Inc. Jimmys Johnnys Inc. Concession supplies Supplies Concrete and mixing trailer Auto parts and supplies Coffee for concession Uniforms & supplies Firefighting in Stillwater WAC Charges Log Jam Days Professional services Fire Hall Lawn service Reimburse for uniforms and supplies Auto parts and supplies Apple TV Telephones Carburetor Audit Beverages for concession Supplies TV, Internet & Voice Property professional Vehicle repair Bottled water & donuts 12 gal tank Custom mugs Traffic & field paint Dog clean up bags Publications Reimburse for mileage Refund of penalty & interest overpayment Anti seize Reimburse for ATOM training Compressor service Overhaul kit Sticker roll Mulberry sink hole Mats & uniforms 2013 & 2014 Street Projects Mulberry St. Settlement Gas Pink & grey statements Vehicle washes Fuel BW Tech 5 Gas Monitor & fire foam Portable restroom rental 1,155.00 551.40 190.00 41.23 365.50 1,167.38 2,500.00 1,287.00 374.69 3,006.06 908.45 127.05 404.21 220.76 224.17 39.42 1,000.00 1,648.48 264.60 299.54 330.23 565.06 41.94 2,656.51 1,707.50 1,849.00 75.21 505.05 55.99 27.70 16.27 125.00 889.75 197.40 65.00 2,725.90 862.96 53,293.35 69.26 94.36 325.00 275.00 13.97 1,668.27 2,325.49 EXHIBIT "A" TO RESOLUTION #2015-141 John Deere Landscapes Kachina Larry & Betsy Kath Companies L.T.G.Power Lake Management Inc. Law Enforcement Targets Inc. Lennar of Minnesota Linner Electric Co. Loffler Companies MacQueen Equipment Inc. Mankey Kim Mansfield Oil Company Marshall Electric Company Menards Metropolitan Council MN Bureau of Criminal Apprehension MP Nexlevel LLC Multi -Regional Training Center Municipal Emergency Services Municode NAPA Auto Parts Office Depot Olson Andrea Pereboom Jesse Performance Plus LLC Pioneer Graphics Primary Products Co. Pro -Tec Design Quill Corporation Regency Office Products LLC River States Truck and Trailer Inc. Schutte Brian Sharrow Lifting Products Simonet Furniture & Carpet Co. Sivigny Donald J Sport Systems Unlimited Corp. Sprint PCS St. Croix Boat and Packet Co. Stillwater Motor Company Stillwater Towing SW/WC Service Cooperatives T.A. Schifsky and Sons Tessman Seed Co. St. Paul Thul Specialty Contracting Trans Union LLC US Bank Corporate Trust Svcs Verizon Wireless Airless spray gun tips Refund of parking permit Def pump Coring rig weed whip misc parks Lake McKusick treatment around fishing pier Target training supplies Grading Escrow Refund Wire cascade sys Fire Hall Maintenance on virtual storage Swivel Refund of parking ramp change Fuel Electrical work Supplies Wastewater Charge & SAC Training course Fiber network expansion to Fire Hall Membership Supplies Pages of code of ordinances Auto parts and supplies Office supplies Reimburse for gun belt Reimburse for mileage Drug screen Grand opening cards Nitrile gloves Materials Fire Hall cameras intercoms Copy paper and batteries Copy Paper Vehicle repairs Refund of Commercial Fertilizer Ap Lic Fee Equipment repair supplies Table & mattresses - Fire Hall Plan review Kevlar Cell phone Dock space lease & ramp cleaning Vehicle repairs & service Vehicle tow service Retiree Health Insurance & COBRA Asphalt Chemicals Lecuyer Circle Manhole Rehab Information Charges Paying agent fees Police Mobile Broadband Page 2 189.83 40.00 146.88 694.90 460.00 330.20 6,000.00 522.30 1,722.50 741.16 7.00 9,014.35 320.00 750.88 127,811.80 120.00 67,861.81 50.00 183.10 713.00 42.18 498.17 37.99 18.40 643.00 246.92 289.53 44,566.75 176.96 174.27 29.02 187.50 61.84 2,550.00 1,039.42 1,470.00 208.88 3,527.97 374.91 150.00 56,588.18 2,550.75 72.92 1,175.00 35.00 425.00 477.35 EXHIBIT "A" TO RESOLUTION #2015-141 Washington Conservation Distr Water Works Irrigation LLC Westin Construction Co Wulfing David Zahl Petroleum Maintenance Co. Zayo Enterprise Networks Zee Medical Service LIBRARY Ace Hardware Baker and Taylor Blackstone Audio Brodart Co Center Point Large Print Culligan of Stillwater Findaway World LLC G & K Services Heritage Printing Inc. MEI Total Elevator Solutions Midwest Tape Paper Roll Products Petrie Angela Pinnacle Building Services Proquest Quill Corporation Recorded Books Inc Schemmer Jacob Security Response Services Inc Stillwater Area High School Toshiba Business Solutions Water Works Irrigation LLC Xcel Energy JULY MANUALS Postmaster Washington County License Center Xcel Energy Abrahamson Nursery Landscape Alternatives Install 12 zone system along walking path Grading Escrow Refund Reimburse for dog boarding Vent changes at generator building Telephone First aid supplies Janitorial Supplies Materials Materials Materials Materials Water Supplies Towles & Rugs Supplies Annual Maint Contract Materials Supplies - Receipt Tape Reimbursements Building Services - Windows Library Thing App/Software Supplies Materials Refund/Reimbursement for Wedding Maintenance Agreement Materials Maintenance Contract Builsing Repairs Energy UB Billing Postage License tab renewal Energy Page 3 1,500.00 13, 200.00 5,000.00 162.00 5,677.00 559.79 215.10 29.94 486.71 87.19 2,421.71 122.35 67.80 2.99 82.54 21.15 1,416.00 1,145.39 119.90 238.91 750.00 500.00 547.86 337.58 50.00 155.67 170.00 123.00 59.95 4,631.20 2,995.56 44.00 1,827.43 water Administration Date: August 11, 2015 TO: Honorable Mayor and City Council FROM: J. Thomas McCarty, City Administrator SUBJECT: Agreement for Replacement of Video Cameras in City Council Chambers The St. Croix Valley Community Access Corporation has advised the City of Stillwater that it has taken bids for replacement HD video cameras in Stillwater City Hall Council Chambers that have the capability to improve and enhance the broadcast of City Council and Commission meetings from City Hall. Access has also awarded the bid to the most responsive bidder, Johnny's TV (see attached bid documents) and has authorized the expenditures from Access' budget. In order to maximize cost savings, Access has requested that the City of Stillwater make a direct purchase of the cameras, then Access will reimburse the City for the cost of the camera purchase in an amount not to exceed $13,000. The attached resolution authorizes an agreement between the City of Stillwater and The St. Croix Valley Community Access Corporation to effectuate this transaction. RECOMMENDATION: Staff has reviewed the attached Agreement for Replacement of Video Cameras in Council Chambers and recommends approval. There is no fiscal impact to the City of Stillwater, as any funds expended for direct purchase of the replacement cameras will be reimbursed to the City by the St. Croix Valley Community Access Corporation. ACTION REQUIRED: City Council adoption of the attached entitled "Approving the Agreement between the City of Stillwater and St. Croix Valley Community Access Corporation for Replacement of Video Cameras in Council Chambers". RESOLUTION 2015-142 APPROVING THE AGREEMENT BETWEEN THE CITY OF STILLWATER AND ST. CROIX VALLEY COMMUNITY ACCESS CORPORATION FOR REPLACEMENT OF VIDEO CAMERAS IN COUNCIL CHAMBERS BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between St. Croix Valley Community Access Corporation and the City of Stillwater for replacement of video cameras in the Council Chambers, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Clerk to sign the contract on the City's behalf. Adopted by the City Council of the City of Stillwater this 7th day of July, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk AGREEMENT FOR REPLACEMENT OF VIDEO CAMERAS IN COUNCIL CHAMBERS THIS AGREEMENT, made this day of , 2015, between the City of Stillwater, a municipal corporation within the County of Washington, State of Minnesota, 216 North Fourth Street, Stillwater, MN 55082, ("City"), and The St. Croix Valley Community Access Corporation, a Minnesota non-profit corporation ("Access"). 1. Access has advised the City of an offer replace four video cameras in City Hall Council Chambers with cameras with an HD capability that will improve and enhance the broadcast of City Council and Commission meetings that are broadcast from the City Council Chambers. A description of the cameras is attached as Exhibit A. 2. Access has advised the City that they have advertised for bids and received the most advantageous terms of purchase cameras and a copy of the bid form is attached as Exhibit B. 3. In order to obtain the maximum savings for the City, Access has requested that the City make a direct purchase of the Cameras and then Access with reimburse the City by providing a grant to the City in an amount not to exceed $13,000.00, within 30 days of delivery and installation of the Cameras. 4. Access with provide the technical expertise to install the cameras and insure that the new cameras with be integrated into the City Studio and suited for the intended purpose. In witness whereof the parties have set their hands this day of , 2015. Dated: August 18, 2015 CITY OF STILLWATER City — J. Thomas McCarty City Administrator/Treasurer 216 North Fourth Street Stillwater, MN 55082 Phone: (651) 430-8801 Ted Kozlowski, Mayor Diane F. Ward, City Clerk The St. Croix Valley Community Access Corporation, a Minnesota non-profit corporation By: Its: Principal Approved by City Council - Resolution No. 2015-142 Dated: August 18, 2015 revised quote for valey access / council chamber upgrades Sent By: Tom $7f-der5(-An On: Jul 07)1,6/1.5 12721 PIA To: .7j rn,:ifisiON:::0--ica:F1 rie.1 "Tom Syversorr 4. Acid id Addies.% Rook Jorda.n. per converlationa with Data video and review of the seller asreement. we have determined that the price per camera can be adjusted. Revised prices are as, follows:: PTC -120 2MP. Data Video PIZ full HD camera -------12 2,125_00 25,500 RMC -19 Data Video controller 3 (a 4M00 1.464 Ca16 ethernet petal able 50' 4 a 2000 80 Total 27O44 quote sta.ay be subject to friiiineaota l'Ales, tax de nx ott tx extnpt taus) Sia Tom Severson RthilfiVi?. Stillwater:Nat 6929 Seward Avenue Lincoln, NE 68507 Phone 1-800-888-2140 ext 151 Fax 1-402-325-8033 Ernail: alext_Pvsal.cont Alex Souza QTY 12 4 4 QUOTE # CUSTOMER ACCOUNT NUMBER 57023 QUOTE NUMBER 07082015 DATE July 8, 2015 EXPIRATION DATE Aug 7, 2015 TO: Valley Access Channels Jordan Simkins SHIPPING CUSTOMER DELIVERY PAYMENT CONTACT METHOD PAYS SHIPPING DATE TER%IS PERSON 07082015 UPS Ground NO ASAP NET30 Jordan Simkins ITEM # DESCRIPTION MANUFACTURER PRICE EXT PRICE 2MP To IID PTZ Camera with 22x Zoom PTC -120 bens (NTSCfl ALS Datavideo 52,100 00 $25,200.00 RMC -190 Camera Controller for PTC -120 Datavideo 5560.00 $1,680.00 2323 Catty 24AWG UTP Ethernet Network Patch Mon price 515.00 $60.00 Cable, 50ft Black CB -55 RJ -45 to RS -232 Converter Datavideo $55.00 5220.00 CB -57 RS -232 to RJ -45 Converter Datavideo $55.00 $55.00 5- 5- 5- 5- $- 5- 5- 5 - Quote Prepared by. Alex Souza Please note this quote does not include any taxes that VSA may be obligated to charge. If you are a tax exempt entity, please be sure we have your exempt%resale certificate on file. SUBTOTAL Without this, VSA will collect tax based on where the customer takes possession of the product. SHIPPING All returns are subject to a restocking fee based on manufacturing restrictions. GRAND TOTAL ALL SALES ARE FINAL ON AUDIO & VIDEO EQUIPMENT. VSA APPRECIATES YOU AND YOUR BUSINESS 527,215,00 FREE $27,215.00 P14010 - VIDEO = PRO AUDIO Government, Education, and Corporate Department For Pricing Requests, Purchase Orders. and Customer Service: V2800-947-8003 800-858-5517 C�'ii nr emailbidstabhphoto.com ',Am! r .r1 art gsabhphoto com l2-239-7503 ®212-239-7759 Cygttttne co rpornesa(estbhphoto.com State and t .ca=btddeptebhphoto.com 7/tc Professionn!s Source wommmummook 420 Ninth Avenue, New York City, NY 10001 • www.bhphotovideo.com Sold To: Kathy Cinnamon Valley Access Channels 1492 Frontage Rd W Attn: Ap STILLWATER, MN 55082 B01 Phone: (651)430-2921 Work Phone: (651)439-8803 Fax Phone: (651)275-1766 Prices Are Valid Until: 07/30/15 Bid No.: 551472160 Ship To: Valley Access Channels 1492 Frontage Road West Attn: Jordan Simkins STILLWATER, MN 55082 (651)430-2921 Date Customer Code Terms Salesperson Ship Via 06/29/15 12086240 N/A 2Q5 STANDARD 12 3 4 DATAVIDEO HD/SD PTZ VIDEO CAMERA INTRODUCTION/REG DATAVIDEO RMC -190 PTZ CAMERA CONTROL UNIT/REG COMPREHENSIVE -C CAT6 550mhz SNAGLESS PATCH CBL 50/REG PLEASE NOTE: ***********UPCOMING SCHEDULE CHANGE ************ We will be closing on Friday July 24th at 2pm We will remain closed thru Sunday July 26th We will reopen on Monday July 27th aL 9am Certain items may be enforced by vendor to sell at the vendor -imposed price posted at the time of order. DAPTC120 (PTC12o) DARMC190 (FUNGI eo) COC655PC5OBK (CAT650BLK) 2,150.00 550,00 15.49 25,800.00 1,650.00 61.96 Sub -Total: 27,511.96 Shipping: Free STND NO PAYMENT TYPE SELECTED Total: 27,511.96 Customer Copy Page 1 of 1 Memorandum Date: August 4, 2015 To: Mayor and City Council Members Cc: City Administrator J. Thomas McCarty From: Chief John Gannaway Subject: Technology Purchases — New Records Management System The Police Dept. is requesting to make some technology purchases at an estimated cost of $13,300. If you recall during the Police Department's Annual Report/Presentation, we mentioned that the new Records Management System (RMS) being implemented by the Washington County Sheriff's Office (we and all other law enforcement agencies in the County are linked together by an RMS — Wash. County is the administrator) would likely rollout sometime this year around early fall. We are being told that the system will be up and running by mid-September. We were also told that with the new RMS, Tritech, we would be able to use our current technology, which is why we did not budget for significant change. That information is not accurate. While we do not have to make significant changes to our current technology, we do have to make some, and add a few pieces of technology. The City's IT Staff met with Wash. Co. and identified where we would have to either make upgrades or additions to our technology. Attached to this memorandum is the list of purchases that need to be made, totaling $13,300. Since this was not identified as a capital/budget expenditure for 2015, we will use DWI Forfeiture funds to make the purchases. The DWI Forfeiture Fund has a current balance of $29,000. If you have any further questions, please do not hesitate to call me. ent4k6,136 4%pm- %i� lr Date: August 14, 2015 TO: Mayor & City Council FROM: Diane Ward, City Clerk SUBJECT: Data Practices Policy for Members of the Public and Data Practices Policy for Data Subjects REVIEWED BY: City Administrator McCarty City Attorney Magnuson Attached are new Data Practices Policy for Members of the Public required by Minnesota Statutes, section 13.025, subdivision 2 and Data Practices Policy for Data Subjects policies required by Minnesota Statutes, section 13.025, subdivision 3. Our last Data Practices Policy was done in 2002 and needed to be updated to current statutes. The information in the policies conies from Minnesota Department of Administration, Information Policy Analysis Division's model policy. RECOMMENDATION: Staff recommends approves of the two policies. ACTION REQUIRED: If Council concurs with the recommendation, they should adopt a resolution entitled "APPROVAL OF DATA PRACTICES POLICY FOR MEMBERS OF THE PUBLIC AND DATA PRACTICES POLICY FOR DATA SUBJECTS" RESOLUTION 2015-144 APPROVAL OF DATA PRACTICES POLICY FOR MEMBERS OF THE PUBLIC AND DATA PRACTICES POLICY FOR DATA SUBJECTS WHEREAS, the City's Data Practices Policy required updating to meet current Minnesota Statutes; and WHEREAS, City Council received the updated Data Practices Policy for Members of the Public and Data Practices Policy for Data Subjects on August 18, 2015. NOW THEREFORE BE IT RESOLVED that the City Council hereby adopts the Data Practices Policy for Members of the Public and Data Practices Policy for Data Subjects dated August 18, 2015. Adopted by the City Council of the City of Stillwater, Minnesota this 18th day of August, 2015. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk water THE BIRTHPLACE OFMINNESOTA Data Practices Policy for Members of the Public Adopted by the Stillwater City Council August 18, 2015 City of Stillwater, 216 4th Street N., Stillwater, MN 55082 - 651-430-8800-www.cis.tillwater.mn.us The Government Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless a state or federal law says the data are not public. Government data is a term that means all recorded information a government entity has, including paper, email, DVDs, photographs, etc. The Government Data Practices Act also provides that this government entity must keep all government data in a way that makes it easy for you, as a member of the public, to access public data. You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. HOW TO MAKE A DATA REQUEST To look at data or request copies of data that this government entity keeps, make a written request Make your request for data to the appropriate individual listed in the Data Practices Contacts on Page 4. You may make your request for data by mail, fax, or email, using the data request form on Page 6. The City cannot require you, as a member of the public, to identify yourself or explain the reason for your data request. However, depending on how you want us to process your request (if, for example, you want us to mail you copies of data), we may need some information about you. If you choose not to give us any identifying information, we will provide you with contact information so you may check on the status of your request. In addition, please keep in mind that if we do not understand your request and have no way to contact you, we will not be able to begin processing your request. HOW WE RESPOND TO A DATA REQUEST Upon receiving your request, we will work to process it. • If we do not have the data, we will notify you in writing via email or mailed letter as soon as reasonably possible. • If we have the data, but the data are not public, we will notify you as soon as reasonably possible and state which specific law says the data are not public. • If we have the data, and the data are public, we will respond to your request appropriately and promptly, within 14 business days of receipt of the request by who you contacted by doing one of the following: o arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or o provide you with copies of the data within 14 business days. You may choose to pick up your copies, or we will mail to you. If you want us to send you the copies, you will need to provide us with an address. We will provide electronic copies (such as email or CD- ROM) upon request if we keep the data in electronic format. Information about copy charges is on page 5. We also will arrange for you to pre -pay for the copies or charges. The City does not maintain an escrow account for public document requests Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 2 If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, the Government Data Practices Act does not require us to answer questions that are not requests for data. REQUESTS FOR SUMMARY DATA Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. We will prepare summary data if you make your request in writing and pre -pay for the cost of creating the data. Upon receiving your written request -using the data request form on Page 6 - we will respond within 14 business days with the data or details of when the data will be ready and how much we will charge. Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 3 Data Practices Contacts Inquiries regarding government data created, maintained or disseminated by Stillwater City Offices are to be made during normal business hours (daily 8:00 a.m. to 4:30 p.m., excluding weekends and holidays) to: Responsible Authority J. Thomas McCarty, City Administrator 216 4th Street N., Stillwater, MN 55082 Phone: 651-430-8800- Fax: 651-430-8750 - tmccarty@ci.stillwater.mn.us Data Practices Compliance Official Diane Ward, City Clerk 216 4th Street N., Stillwater, MN 55082 Phone: 651-430-8800- Fax: 651-430-8750 - dward@ci.stillwater.mn.us Data Practices Designee(s) Administration: City Clerk: Diane Ward Human Resources• J. Thomas McCarty/Diane Ward Finance• Sharon Harrison Safety Services: Police Department. Nate Meredith Fire Department Stuart Glaser NOTE: John Gannaway, Chief of Police, is the designee who will receive data requests in the absence of any of the above-named Police Department designee. Tom Ballis, Deputy Fire Chief is the designee who will receive data requests in the absence of any of the above-named Fire Department designee. Public Services: Building Inspections• Cindy Shilts/John Nobles Engineering: Shawn Sanders Park & Recreation: Shawn Sanders Planning & EDA: Bill Turnblad/Abbi Wittman Public Works: Shawn Sanders NOTE: Diane Ward, City Clerk, is the designee to receive data requests in the absence of any of the above-named Public Services designees. Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 4 Copy Costs - Members of the Public This government entity charges members of the public for copies of government data. These charges are authorized under Minnesota Statutes, section 13.03, subdivision 3(c). You must pay for the copies before we will give them to you. For 100 or Fewer Paper Copies - 25 cents per page 100 or fewer pages of black and white, letter or legal size paper copies cost 250 for a one-sided copy, or 50¢ for a two-sided copy. Copies (Color/Prints) per side (2015 Fee Schedule) (8.5 x 11) (1-5 pages) (8.5 x 11) (6-50 pages) (8.5 x 14) (1-5 pages) (8.5 x 14) (6-50 pages) (11 x 17) (1-5 pages) (11 x 17) (6-50 pages) Data on CD/DVD copies Most Other Types of Copies - Actual cost $2.00 $1.75 $2.50 $2.25 $3.00 $2.75 $15.00 The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or electronically transmitting the data (e.g. sending the data by email). In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for data, retrieve data, and make copies is the 2015 Administration Secretary hourly rate of $ 24.48 per hour. If, because of the subject matter of your request, we find it necessary for a higher -paid employee (such as Department Heads, Managers, Human Resources Manager,) to search for and retrieve the data, we will calculate the search and retrieval portion of the copy charge at the higher salary/wage of the position retrieving the information. Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 5 Data Request Form - Members of the Public Date of request: I am requesting access to data in the following way: Inspection Copies Both inspection and copies Note: inspection is free but we charge for copies. These are the data I am requesting: Describe the data you are requesting as specifically as possible. If you need more space, please attach additional sheets.. 1. 2. 3. 4. 5. 6. 7. 8. 9. Contact Information Name: Address: Daytime Contact Number: (include area code) Email address: You do not have to provide any of the above contact information. However, if you want us to mail/email you copies of data, we will need some type of contact information. In addition, if we do not understand your request and need to get clarification from you, without contact information we will not be able to begin processing your request until you contact us. We will respond to your request within 14 business days, or contact you if more time is needed to satisfy your request. Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 6 TO BE COMPLETED BY CITY ONLY Note: According to MS§ 13.03, Subd. 3, authorizes us to charge fees to recover costs to provide copies of data, including costs associated with searching, compiling, copying, mailing, or otherwise transmitting data. Prepayment is required prior to receiving copies of data. We do not charge for inspection of data or for separating not public data from public data. DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: ACTION: PUBLIC APPROVED NON-PUBLIC APPROVED IN PART (Explain Below) PRIVATE DENIED (Explain Below) PROTECTED NON-PUBLIC CONFIDENTIAL REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: CHARGES: IDENTITY VERIFIED FOR PRIVATE INFORMATION: NONE Black & White Copies: Pages x $0.25 per IDENTIFICATION: DRIVER'S LICENSE, STATE ID, Etc. side = $ Color Copies: Pages x $ per side = COMPARISON WITH SIGNATURE ON FILE $ PERSONAL KNOWLEDGE (According to City Fee Schedule) The for data, OTHER: cost of employee time to search data, is the 2015 retrieve and make copies Administration Secretary hourly rate. Hours x $24.48 per hour = $ Other: (attach explanation) AUTHORIZED SIGNATURE: DATE: SUBMIT/RETURN FORM CITY CLERK Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 7 iliwatet THE BIRTHPLACEOFMINNESOTA Data Practices Policy for Data Subjects Adopted by the Stillwater City Council August 18, 2015 City of Stillwater, 216 4th Street N., Stillwater, MN 55082 - 651-430-8800-www.cis.tillwater.mn.us Data about You The Government Data Practices Act (Minnesota Statutes, Chapter 13) says that data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has, including paper, email, DVDs, photographs, etc. CLASSIFICATION OF DATA ABOUT YOU The Government Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as public, private, or confidential. See below for some examples. 1. Public data: We must give public data to anyone who asks; it does not matter who is asking for the data or why. An example of public data aboutyou: City of Stillwater Employees 2. Private data: We cannot give private data to the general public, but you have access when the data are about you. We can share your private data with you, with someone who has your permission, with our government entity staff who need the data to do their work, and as permitted by law or court order. An example of private data aboutyou: Social Security numbers 3. Confidential data: Confidential data have the most protection. Neither the public nor you can get access even when the confidential data are about you. We can share confidential data about you with our government entity staff who need the data to do their work and to others as permitted by law or court order. We cannot give you access to confidential data. An example of confidential data aboutyou: The identity of the subject of an active criminal investigation. YOUR RIGHTS UNDER THE GOVERNMENT DATA PRACTICES ACT This government entity must keep all government data in a way that makes it easy for you to access data about you. Also, we can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject, you have the following rights. • Access to Your Data You have the right to look at (inspect), free of charge, public and private data that we keep about you. You also have the right to get copies of public and private data about you. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Also, if you ask, we will tell you whether we keep data about you and whether the data are public, private, or confidential. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 2 As a parent, you have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask this government entity not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on your best interests. Note: Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. • When We Collect Data from You When we ask you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way, or if you ask us to release the data to another person. This permission is called informed consent. If you want us to release data to another person, you /must] use the consent form we provide. • Protecting your Data The Government Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe. In the unfortunate event that we determine a security breach has occurred and an unauthorized person has gained access to your data, we will notify you as required by law. • When your Data are Inaccurate and/or Incomplete You have the right to challenge the accuracy and/or completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you. HOW TO MAKE A REQUEST FOR YOUR DATA To look at data, or request copies of data that this government entity keeps about you, your minor children, or an individual for whom you have been appointed legal guardian, make a written data requests]. Make your request for data to the appropriate individual listed in the Data Practices Contacts on Page 6. You may make your request by [mail, fax, or email using the data request form on Page 8. This government entity requires proof of your identity before we can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor's parent. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity located on Page 9. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 3 HOW WE RESPOND TO A DATA REQUEST Once you make your request, we will work to process your request. If it is not clear what data you are requesting, we will ask you for clarification. • If we do not have the data, we will notify you in writing within 14 business days. • If we have the data, but the data are confidential or private data that are not about you, we will notify you within 14 business days and state which specific law says you cannot access the data. • If we have the data, and the data are public or private data about you, we will respond to your request within 14 business days, by doing one of the following: o arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or o provide you with copies of the data within 14 business days. You may choose to pick up your copies, or we will mail them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on Page 9. We also will arrange for you to prepay for the copies. After we have provided you with access to data about you, we do not have to show you the data again for 6 months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Government Data Practices Act to respond to questions that are not specific requests for data. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 4 Data Practices Contacts Inquiries regarding government data created, maintained or disseminated by Stillwater City Offices are to be made during normal business hours (daily 8:00 a.m. to 4:30 p.m., excluding weekends and holidays) to: Responsible Authority J. Thomas McCarty, City Administrator 216 4th Street N., Stillwater, MN 55082 Phone: 651-430-8800- Fax: 651-430-8750 - tmccarty@ci.stillwater.mn.us Data Practices Compliance Official Diane Ward, City Clerk 216 4th Street N., Stillwater, MN 55082 Phone: 651-430-8800- Fax: 651-430-8750 - dward@ci.stillwater.mn.us Data Practices Designee(s) Administration: City Clerk. Diane Ward Human Resources• J. Thomas McCarty/Diane Ward Finance• Sharon Harrison Safety Services: Police Department• Nate Meredith Fire Department Stuart Glaser NOTE: John Gannaway, Chief of Police, is the designee who will receive data requests in the absence of any of the above-named Police Department designee. Tom Ballis, Deputy Fire Chief is the designee who will receive data requests in the absence of any of the above-named Fire Department designee. Public Services: Building Inspections: Engineering: Park & Recreation: Planning & EDA: Public Works: Cindy Shilts/John Nobles Shawn Sanders Shawn Sanders Bill Turnblad/Abbi Wittman Shawn Sanders NOTE: Diane Ward, City Clerk, is the designee to receive data requests in the absence of any of the above-named Public Services designees. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 5 Copy Costs - Data Subjects This government entity charges data subjects for copies of government data. These charges are authorized under Minnesota Statutes, section 13.04, subdivision 3. You must pay for the copies before we will give them to you. Actual Cost of Making the Copies In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for subject data, retrieve data, and make copies is the City Clerk's hourly rate of $36.51 per hour. If, because of the subject matter of your request, we find it necessary for a higher -paid employee (such as Department Heads, Managers, Human Resources Manager,) to search for and retrieve the data, we will calculate the search and retrieval portion of the copy charge at the higher salary/wage of the position retrieving the information. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 6 Data Request Form - Data Subjects Date of request: To request data as a data subject IN PERSON, you must show a valid state ID, such as a driver's license, military ID, or passport as proof of identity. Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID. (Le. a Release Letter from another agency (i.e., BCA, State Patrol etc. requesting background information) I am requesting access to data in the following way: Inspection Copies Both inspection and copies Note: inspection is free but we charge for copies. These are the data I am requesting: Describe the data you are requesting as specifically as possible. If you need more space, please Attach additional sheets 1. 2. 3. 4. 5. 6. 7. 8. 9. Contact Information Name: Parent/Guardian name (if applicable) Address: Daytime Contact Number: (include area code) Email address: We will respond to your request within 14 business days. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 7 Standards for Verifying Identity The following constitute proof of identity. • An adult individual must provide a valid photo ID, such as o a state driver's license o a military ID o a passport o a Minnesota ID o a Minnesota tribal ID • A minor individual must provide a valid photo ID, such as o a state driver's license o a military ID o a passport o a Minnesota ID o a Minnesota Tribal ID o a Minnesota school ID • The parent or guardian of a minor must provide a valid photo ID (as listed above) AND either: o a certified copy of the minor's birth certificate or o a certified copy of documents that establish the parent or guardian's relationship to the child, such as • a court order relating to divorce, separation, custody, foster care ❖ a foster care contract ❖ an affidavit of parentage • The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as o court order(s) o valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 8 TO BE COMPLETED BY CITY ONLY Note: According to MS§ 13.03, Subd. 3, authorizes us to charge fees to recover costs to provide copies of data, including costs associated with searching, compiling, copying, mailing, or otherwise transmitting data. Prepayment is required prior to receiving copies of data. We do not charge for inspection of data or for separating not public data from public data. DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: ACTION: PUBLIC APPROVED PRIVATE DATA APPROVED IN PART (Explain Below) CONFIDENTIAL DENIED (Explain Below) REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: CHARGES: IDENTITY VERIFIED FOR PRIVATE INFORMATION: NONE An adult individual OR minor individual must provide a valid photo ID, such as o a state driver's license o a military ID o a passport o a Minnesota ID o a Minnesota tribal ID o a Minnesota school ID (applicable to minor only) Type: of ID: Black & White Copies: Pages x $0.25 per side = $ Color Copies: Pages x $ per side = $ (According to City Fee Schedule) The cost of employee time to search for data, retrieve data, and make copies is the 2015 City Clerk hourly rate. Hours x $36.51 per hour The parent or guardian of a minor must provide a valid photo ID and either o a certified copy of the minor's birth certificate or o a certified copy of documents that establish the parent or guardian's relationship to the child, such as ❖ a court order relating to divorce, separation, custody, foster care ❖ a foster care contract ❖ an affidavit of parentage Type: of ID: $ Other: (attach explanation) AUTHORIZED SIGNATURE: DATE: SUBMIT/RETURN FORM CITY CLERK Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 9 Memorandum Date: August 10, 2015 To: Mayor and City Council Members Cc: City Administrator Tom McCarty From: Chief John Gannaway Subject: 2015 Budget Purchase — FLIR Viewing Device The Police Department is requesting approval to purchase a FLIR (best description is an infrared monocular). This request was approved in the adopted 2015 Budget, $3795 was allotted. The FLIR is a small handheld device, similar to a small telescope. It picks up heat signatures in low light/no light elements. It also works very well in cold weather. Human figures are very easy to distinguish. It would be very useful to locate lost children or subjects in dark areas such as woods, fields, or dark buildings. Cabela's has a FLIR that accommodates our needs for a quoted price of $2950 (not including tax/shipping), well below our budgeted cost. STAFF REQUEST ITEM Department: Health and Wellness Program Date: 8/13/2015 DESCRIPTION OF REQUEST (Briefly outline what the request is) The Fire Department initially purchased the equipment in our workout room with a grant. They have moved much of the equipment out to their new location. We would like to purchase a treadmill, bike, half rack and bench for the workout room at City Hall. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) The cost of the threadmill ($2799) will be paid for with grant money. The rest of the equipment will be paid for with forfeiture funds from the Police Department. Total cost of the equipment will be $6743.00. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 8/13/15 Wholesale Fitness, Inc. DBA: Minnesota Fitness 2645 White Bear Avenue N. Maplewood, MN 55109 651-773-9901 salesminnesotafitness@msn.com TO: Date: August 10, 2015 Quote # 11582 City of Stillwater 216 N 4th Street Stillwater, MN 55082 Rose Holman, IT Manager 651-430-8804 SALESPERSON JOB PAYMENT TERMS DUE DATE Todd Lind City of Stillwater Fitness Room - Brand New Equipment - Revised QUANTITY DESCRIPTION UNIT PRICE LINE TOTAL 1 Spirit CT800 Commercial Treadmill - Brand New - List Price $3999 2799 2799 Commercial Warranty 5Yr Motor/5Yr Parts/2Yr Labor 1 Spirit CB900 Commercial Spin Bike - Brand New - List Price $1599 1199 1199 Commercial Warranty 3Yr Parts/1Yr Wear/1Yr Labor 1 *Spirit CB900 Console - Brand New - List Price $209 99 99 1 Tuff Stuff CHR500 Commercial Half Rack - Brand New - List Price $1999 1499 1499 Commercial Warranty 5Yr Parts/1Yr Wear 1 Tuff Stuff CLB325 Commercial Bench - Brand New - List Price $599 449 898 Commercial Warranty 5Yr Parts/1Yr Wear *Price Includes Discounts and Inside Shipping *Assembly/Testing/Lubricating/Removal of Debris *If Purchased Approved - 1 Free Service for Precor Treadmill TAX EXEMPT #8025442 THANK YOU FOR THE OPPORTUNITY! Included 249 Included Subtotal 6743 Discount Applied Freight Included Install Applied Tax Exempt #8025442 Total $6,743.00 STAFF REQUEST ITEM Department: MIS Date: 8/13/15 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of security camera and relocation of existing camera for the Fire Department. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost will be $2849.74. There is money available in Capital Outlay for this project. ADDITIONAL INFORMATION ATTACHED Yes No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman 62->''' Date: 08/13/15 STAFF REQUEST ITEM Department: MIS/Police Date: 8/14/15 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of presentation projector for the Police Department. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost of the projector is $694.70. Money is available in Capital Outlay for this purchase. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 8/14/15 QUOTE # QUOTE QUOTE I CUSTOMER GRAND ,DAT., # TOTAL PL 99w IS 12/2/2014 5160430 THE EX6220 F5XC511 694.70 ITEM QTY CDw# UNIT EXT. PRICE PRICE Epson 1 3139240 $694.70 $694.70 #. PowerLite 99W LCD proiector Mfg. Part#: V11H578020 UNSPSC: 451 11,609 EX series are retail models. Epson EX6220 Power lite 99W Contract: NJPA 100614#CDW Technology Catalog (100614#CDW) SHIPPING DETAILS Shipping Address: CITY OF STILLWATER ROSE HOLMAN 216 4TH ST N STILLWATER, MN 55082-48071 Phone: (651) 430-8804 Shipping Method: UPS Ground (2- 3 Day) Payment Terms: Request Terms mmSUBTOTAL SHIPPING GRAND TOTAL $694.70 $0.00 694'.70! F''il'• !�- r• Need Assistance? aW.G SALES CONTACT All'INFORMATION Geoff Strom (877) 460- 2975 1 geofstr(cdw.com EXPERTS WHO GET IT Stay current with the latest news and the hottest trends and solutions from the world of technology! SUBSCRIBE Help and Information: Support About Us 1 Privacy Policy 1 Terms and Conditions This email was sent to rholman@ci.stiilwater.mn.us. Please add cdwsales40cdwemail_com to your address book. © 2014 CDW•G LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 1 800.808.4239 SPS-QC:002 SPS 1 l Customer-#: 5160430 i SPS89de997c-ca8a-41d9-be45-a4ce0b39a93e 2 DATE: August 12, 2015 TO: Mayor and City Council FROM: Sharon Harrison, Finance Director RE: Sanitary Sewer Adjustments BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1st quarter of every year. For residential properties, sanitary sewer billing rates are set during the 2nd quarter of every year using the water consumption (obtained from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1st quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior/current quarters to see if we can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons (of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staff's recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. CITY OF STILLWATER EXHIBIT A Description of Billing Quarter Circumstance Winter Average Gallons Adjustment for 1 Toilet Leak From 59,000 3rd To 10,000 2 Leak From 22,000 3rd To 11,000 CITY COUNCIL MEETING DATE: August 18, 2015 CASE NO.: 2015-15 Planning Commission: July 8, 2015 APPLICANT: Paul Simonet, property owner, representing MN Shooting Academy REQUEST: Request for a Special Use Permit and associated Variances for an Amusement and Recreational Establishment to be located in the existing structure located at 2159 Curve Crest Boulevard ZONING: BP -O: Business Park - Office COMP PLAN DISTRICT: Commercial PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND At the July 8 Planning Commission meeting, the Commission held a public hearing regarding a request made by Paul Simonet, representing MN Shooting Academy, for a Special Use Permit (SUP) for an indoor target practice range to be located at 2159 Curve Crest Boulevard. In addition to the specially -permitted use, MN Shooting Academy is proposing retail sales, a lounge and vending area, warehousing space as well as space for administrative offices. In order to grant the SUP, certain variances were being requested as well. During the hearing the Commission took public testimony from the applicant, MN Shooting Academy representatives and members of the public; a copy of the Commission's minutes are attached for the Council's review. After the public hearing the Commission discussed the unique and special character of this proposed use and the associated variances. The Commission's discussion including making the findings practical difficulty existed for the variance to increase by 4,040 square feet the Amusement and Recreational Establishment portion of the structure. The Commission could not make positive findings to support the requested off-street parking variance or the impervious surface coverage variance, as other reasonable alternatives exist. The Commission determined the proposed gun range use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations; they added condition necessary to protect the public interest; and with the conditions, believe the use will not constitute a nuisance or be detrimental to the public welfare of the community. In a 5-3-1 vote, with Commissioners Fletcher, Middleton and Siess voting nay, the Commission approved the Special Use Permit and 4,040 square foot variance to the Amusement and Recreational Establishment standards. Commission Kelly abstained due to a conflict of interest. APPEAL Within ten days of the Commission's decision, the City received two appeal letters from Melissa Douglas and Ann Kocksiek. A copy of those letters as well as the City Code1 pertaining to appeals is attached for your review. Ms. Douglas indicates a shooting range is not an allowed use in the zoning district and that the Commission's approval therefore constitutes a use variance, which the City Code does not allow. She further states the approval of this use permit would significantly limit local zoning authority over the shooting range, citing MN State Statute 87A and the National Rifle Association's (NRA) Range Source Book. Lastly she indicated the required use and variance findings cannot be made for the request. City staff has obtained the NRA Range Source Book and City Attorney Magnuson has drafted a memo addressing Ms. Douglas's concerns; he letter is attached for the Council's review. Ms. Kochsiek encourages the City to consider a sound study of the proposed use, specifically the air exchange system. Additionally she questions the impact of the use to the traffic at Washington Avenue and Curve Crest Boulevard. Lastly she has indicated no classroom use has been proposed for the site. The letter indicates the City should converse with other municipalities who have approved similar uses. APPLICATION REVISION AND PUBLIC COMMENT As an appeal is made, the Council must hold a de novo public hearing meaning the application is reviewed as a brand new application. The public hearing was advertised in the Stillwater Gazette on August 7, 2015. Additionally, all property owners within 350' were noticed of the date and time of the hearing. The applicant has submitted a revised plan set that includes the following: • 795 square feet of classroom space has been added. This was created with the reduction of interior warehousing spaces. City Code Section 31-217 Council 8/18/2015 (Case No. 2015-15) 2159 Curve Crest Boulevard Page 2 of 10 • A total of 14 firing lanes has been proposed instead of the previous 12. However, the square footage of the area to be used for the firing lanes is no larger than that proposed for the original 12 lanes. • The reconfiguration of the interior spaces necessitates a total of 84 parking spaces. However, only 49 parking spaces are being met onsite. o Consequently, the applicant's proof of parking area proposed is located within a greenspace area. The increased off-street parking developed on this site would increase the impervious surface coverage variance. Public comment has been received by Anne Siess. Ms. Siess suggests the City Council consider the development of an ordinance specifically addressing the use and sale of guns within Stillwater. She has included a gun range ordinance from the City of Chanhassen, Minnesota, for the Council's reference. SPECIFIC REQUEST The applicant is requesting a Special Use Permit for an Amusement and Recreational Establishment for an indoor target practice range, with accessory uses to include retail sales, a lounge and vending area, classroom and warehousing space as well as space for administrative offices. Educational classrooms as well as the Amusement and Recreational Establishment are uses that are permitted by Special Use Permit. The other proposed uses of the proeprty are uses permitted by right. The request necessitates the following variances: 1. A 4,040 square foot variance to City Code Section 31-515.1.1 that permits an Amusement and Recreational Establishment to occupy no more than 3,000 square feet, whereas the proposed firing lanes area is 7,040 square feet; and 2. A 35 off-street parking stall variance to City Code Section 31-510.1(c), Number of parking spaces required which requires the facility to have 84 spaces, but only provides 49 spaces and 3. A 19% variance to the 60% maximum (impervious) lot coverage requirement as identified in City Code Section 31-320(c), since the total lot coverage would be 79% and only 60% is allowed. APPLICABLE REGULATIONS AND REGULATIONS Section 31-325 indicates Amusement and Recreational Establishments (including other social, sport or recreational centers) and Educational Institutions in the Business Park - Office District require a Special Use Permit. The Code further indicates the use must conform to the provisions found in Section 31-515.1: 1. The establishment may occupy no more than 3,000 square feet. Council 8/18/2015 (Case No. 2015-15) 2159 Curve Crest Boulevard Page 3 of 10 2. (The establishment must operate in compliance with the noise standards as specified in City Code Chapter 38, Section 38-3. (a) The establishment shall be considered a "commercial" use pursuant to City Code Chapter 38, Section 38-3, Subdivision 4. (b) Not only shall the establishment meet the specified noise standards at its respective property lines, but the noise standards shall also apply to receiving uses in abutting tenant spaces within a multiple tenant, if the establishment is located in such a building. 3. Prior to issuance of a Certificate of Occupancy for the establishment, a qualified professional shall certify that the establishment will, under normal operating conditions, meet the noise standards specified in City Code Chapter 38, Section 38-3. 4. The amusement or recreational activities offered by the establishment must operate exclusively indoors. 5. The establishment must have at least one adult employee or adult supervisory volunteer in the premises during all hours of operation. Section 31-208, Variances, indicates the Planning Commission may grant variances, but only when all of the following conditions are found: 1. The variance is in harmony with the general purposes and intent of this chapter. o The general purpose and intent of the Zoning Code is to regulate and restrict use of land for the protection of public health, safety and welfare. ■ The purpose of Section 31-325 limitations to the maximum size of the establishment is to help ensure the development of the office park into office space. • The purpose of Section 31-510 is to ensure that a property provides sufficient on-site parking spaces to accommodate its needs and not create a burden on the neighborhood through on -street parking. • The purpose of Section 31-320(c) is to ensure adequate drainage is met onsite and open space area is preserved. o The general purpose and intent of the Zoning Code may be met if certain conditions of approval are met. 2. The variance is consistent with the comprehensive plan. No application elements are contradictory to the Comprehensive Plan. 3. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. "Practical difficulties," as use in connection with the granting of a variance, means that all of the following must be found to apply: • The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; the use of the property for a Council 8/18/2015 (Case No. 2015-15) 2159 Curve Crest Boulevard Page 4 of 10 Amusement and Recreational Establishment, with appropriate parking and onsite infiltration, is reasonable. • The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and The unique circumstance of the property are the boundaries of the property, the size of the existing structure on the property and the existing parking and drive areas. a. The proposed 4,040 square foot variance for the Amusement and Recreational Establishment helps support the business's desire to have a portion of the 14 lanes dedicated to be reserved for community service endeavors. The uniqueness exists in this large space can accommodate for the increase Establishment area, providing a service to local law enforcement practice and community safety education, wholly within the existing structure's footprint. b. The property owner is not able to create additional parking next to this existing parking and drive area without a reduction in open space and infringement on the neighboring properties. The property's current improvements already provide less open space than the Code requires for office park development. Adding parking spaces would reduce that even further. • The variance, if granted, will not alter the essential character of the locality. The essential character of the neighborhood will not be altered with the additional 4,040 square feet of Establishment space, as the entire Amusement and Recreational Establishment is wholly located within the building. Also, if the additional parking area is developed in a fashion where drainage may occur onsite, the essential character of the locality will not be affected. Section 31-208 further indicates: • Economic considerations alone do not constitute practical difficulties. • A previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits. Section 31-207 establishes the review standards for Special Use Permits: 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. The proposed use is allowed within the subject zoning district, if it is found compatible with surrounding uses. In review of the request with City staff, the following item was determined to be an item of concern: • Parking: The property currently contains 49 parking spaces but is required to meet 84 parking spaces onsite. The applicant has shown proof of parking for an Council 8/18/2015 (Case No. 2015-15) 2159 Curve Crest Boulevard Page 5 of 10 additional 36 spaces. However, the installation of this parking would necessitate a variance to the maximum impervious surface coverage requirement. o As there is no off-street parking in this area, the installation of 35 parking spaces should be required. If installed with a permeable surfacing material, the need for a variance to the impervious surface coverage would not be necessary. • Impervious Surface Coverage and Drainage: The applicant is not proposing to change the landscaping, impervious surface coverage or drainage to the site. However, if the applicant was to increase the parking area with a material that would allow for infiltration, the surface coverage would necessitate a variance. o To offset the increase in impervious surface coverage, City Engineering Department staff indicated the new parking area could be constructed with permeable asphalt. This would maintain the required impervious surface coverage, allowing for all parking to be met onsite and no variance would be required for the parking. Maintenance of the permeable asphalt would be required. • Noise: As indicated in the code, the specified noise standards must be met at its respective property lines, but the noise standards shall also apply to receiving uses in abutting tenant spaces within a multiple tenant, if the establishment is located in such a building. While no specifications sheet for the exact construction has been submitted, the proposed indoor range will be a vendor - designed system that is constructed by Action Target. The system will include wall and ceiling baffles (which will include acoustics within them), sound abatement within the firing area to reduce echo as well as a ballistic trap to catch the bullets. o The applicant has submitted sound inspection test records from Action Target designed and constructed facilities. As submitted, those facilities demonstrate the dBA levels, at the time a shot was fired, would be less than the City of Stillwater's maximum decibels of 70 dBA during the day. Furthermore, the dBA rating inside the gun shop (outside of the firing area) was also less than the maximum decibel levels allowed by City Code. Council 8/18/2015 (Case No. 2015-15) 2159 Curve Crest Boulevard Page 6 of 10 Land Use Districts Day (8:00 a.m.-10:00 L10 Standard p.m.) L50 Standard Night 010:00 p.m. -8:00 L10 Standard a.m.) L50 Standard Residential 65 dBA 60 dBA 55 dBA 50 dBA Commercial 70 dBA 65 dBA 70 dBA 65 dBA Industrial 80 dBA 75 dBA 80 dBA 75 dBA o According to the NRA Range Source Book, the following address acceptable, discretionary and unacceptable noise levels: 3.03.3.1 As a general guide, the following categories were developed by the NRA based on field and text book work: (1) Unacceptable: If the sound level exceeds 90 dB(A) for 1 hour out or 24 or exceeds 85 dB(A) for 8 hours out of 24 and the receiver is less than 1/4 mile from the sound source. (2) Discretionary: Normally Acceptable, if the level exceeds 80 dB(A) for 8 hours out of 24 or if there are "loud" impulsive sounds (referring to sonic booms, artillery, etc.) on site and the distance from the property boundary and the receiver is one mile or more. (3) Discretionary: Normally acceptable if the level does not exceed 75 dR(A) at the property boundary more than 6 hours out of 24 hours and distance from the boundary line and the receiver is over' 1/2 mile. (4) Acceptable: If the sound levels at the receiver do not exceed 65 dB(A) more than 8 hours out of 24 or activities do not extend into the nighttime hours of 10 p.m. through 7 a.m. Active shooting is to take place during the daytime hours of 7 a.m. to 10 p.m., with curtailed, but not necessarily discontinued activities during evening hours of 7 p.m. to 10 p.m. Shooting activities should not continue into nighttime hours, between 10 p.m. and 7 a.m. unless needed for mandatory low light training by law enforcement personnel. o With this in mind, the acceptable noise level, of 65 dB(A), is in conformance with the City's noise standards. o State Statute 87A indicated "[a]llowable noise levels for the operation of a shooting range are the levels determined by replacing the steady state noise L10 and L50 state standards for each period of time within each noise area's classification with a single standard for impulsive noise that is two dB(A)lower than that of the L10 level for steady state noise." Minnesota Rules, parts 7030.0010 to 7030.0080, are also attached for Council's review. ■ City staff has reached out to the MPCA's Noise Program staff for determination of an indoor firing range classification and noise level allowances. Council 8/18/2015 (Case No. 2015-15) 2159 Curve Crest Boulevard Page 7 of 10 • Exterior changes: Section 31-319 of the Stillwater City Code requires that the Heritage Preservation Commission (HPC) conduct a design review on exterior changes, signage and waste receptacle. The applicant is aware exterior changes to the structure, including new exterior signage, will be required to obtain a Design Permit prior to the issuance of applicable Sign Permits. Comprehensive Plan Chapter 7, Local Economy, indicates a program to "encourage a mix of employment...and retail and service activities in the West Business Park area." The proposed uses are not contradictory to the Comprehensive Plan. This use is consistent with the Future Land Use Map identifying this property as having commercial use in 2030. Any additional conditions necessary for the public interest have been imposed or use and/or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The proposed Amusement and Recreational Establishment will not be nuisance or be detrimental to the public welfare of the community if conditions addressing the concerns, above, are met. ALTERNATIVES AND RECOMMENDATION The Council has the following options: 1. Variances a. Make findings practical difficulty has been established and approve, with or without conditions: a 4,040 square foot variances to City Code Section 31-515.1.1 provision the Amusement and Recreational Establishment; a 26 parking stall variance to City Code Section 31-510.1(c), Number of parking spaces required; and an 19% variance to the 60% maximum (impervious) lot coverage requirement as identified in City Code Section 31-320(c). a. Make findings practical difficulty has not been established and determine any or all of the proposed variances and deny the variance(s). 2. Special Use Permit a. Make findings the proposed use conforms to the provisions for issuance of a Special Use permit and approve the Special Use Permit with or without conditions. If the Commission would like to approve the Case No. 2015-15 with conditions, staff would recommend the following: i. No greater than 14 firing lanes shall be permitted. Five of the firing lanes shall be made available for rental to community service personnel and community education activities. Council 8/18/2015 (Case No. 2015-15) 2159 Curve Crest Boulevard Page 8 of 10 ii. The Amusement and Recreational Establishment portion of the building shall not be in operation between the hours of 10:00 pm and 7:00 am. iii. The establishment must have at least one adult employee or adult supervisory volunteer in the premises during all hours of operation. iv. Soundproofing specifications shall be submitted with the building permit application. v. The Establishment shall install appropriate and sufficient soundproofing to be in compliance with City Code Section 38-3, Noise Control and Regulation, for sound levels outside of the establishment, including but not limited to the sound produced from air handling and mechanical equipment. vi. A total of 35 additional parking spaces shall be created onsite. A permeable surface parking area and suitable base found satisfactory to the City Engineer shall be utilized for all new parking and drive areas. vii. A grading plan shall be reviewed by the City Engineering Department and a Brown's Creek Watershed District permit shall be obtained prior to the installation of the additional parking spaces. viii. Upon the sale to MN Shooting Academy and prior to the release of necessary building permits, a 15' trail easement shall be dedicated to the City of Stillwater along the eastern property boundary for future trail connection between Curve Crest Boulevard and Highway 36. ix. Conditions of a HPC issued Design Permit shall be incorporated into this Special Use Permit by reference. x. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. xi. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. b. Determine that the proposed commercial Amusement and Recreational Establishment is not consistent with the Special Use Permit provisions or the Comprehensive Plan and deny the Special Use Permit. c. Table the application requesting more information be brought back before the Council at their September 1, 2015 meeting. FINDINGS AND RECOMMENDATION Council 8/18/2015 (Case No. 2015-15) 2159 Curve Crest Boulevard Page 9 of 10 The applicant has demonstrated that, if certain conditions are met, the proposed use conforms to the requirements and the intent of the zoning code, the comprehensive plan, relevant area plans and other lawful regulations and that the use will not constitute a nuisance or be detrimental to the public welfare of the community. Furthermore, the unique size of the building allows for a greater than 3,000 square foot Amusement and Recreational Establishment to be located wholly within the existing building, a 4,040 square foot variance to the maximum Amusement and Recreational Establishment size is reasonable and provided the use, and all associated uses including mechanical equipment, complies with all noise regulations in effect, practical difficulty has been established. Therefore, staff would recommend approval of a Special Use Permit for a 7,040 square foot indoor firing range, an Amusement and Recreational Establishment, with associated classroom spaces to be used for an educational institution should be granted approval. The applicant has not demonstrated practical difficulty exists for the 35 off-street parking stall variance nor the 19% impervious surface coverage variance as other reasonable alternatives exist. Therefore, staff recommends denial of these two variances. ATTACHMENTS Memorandum, City Attorney Magnuson Appeal Information City Code Section 31-217 Appeal Letter and Attachment, Melissa Douglas Appeal Letter, Ann Kocksiek Applicant Revised Plan set (3 pages) Public Comment, Anne Siess MPCA Noise Pollution Control Planning Commission July 8, 2015, Minutes Planning Commission staff report Site Location Map Original Application Submission Narrative Request (2 pages) Plan set (3 pages) Ballistic Walls and Baffles Specifications (5 pages) Noise Exposure Assessment & Abatement Strategies Narrative (1 page) Safety Baffle Cutsheet (2 pages) Wall Baffle Cutsheet (2 pages) Action Target Sound Inspection Reports (3 pages) Council 8/18/2015 (Case No. 2015-15) 2159 Curve Crest Boulevard Page 10 of 10 MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE 324 MAIN STREET SOUTH • SUITE #260 • STILLWATER, MN 55082-5165 TELEPHONE: (651) 439-9464 • FACSIMILE: (651) 439-5641 W W W. MAGNUSONLA W FIRM.COM DAVID T. MAGNUSON AMANDA K. DREW DTMAGNUSON@MAGNUSONLAWFIRM.COM AKDREW@MAGNUSONLAWFIRM.COM MEMORANDUM TO: Mayor, City Council, and Staff FROM: David T. Magnuson DATE: August 5, 2015 RE: Shooting Range Zoning Appeal The Appeal filed by Melisa Douglas alleges it would violate State Law and our City Code that to grant a Special Use Permit for an indoor shooting range in the BP -O Zoning District because indoor shooting ranges are not an allowed or permitted Use in the BP -O Zoning District. The allegation is that a "use" variance cannot be granted. The appeal would be well founded, except for a special provision in the City Code found at Sec. 31-515.1. "Sec. 31-515.1. Amusement and recreational establishments in the BP -O District. The City of Stillwater finds that "amusement and recreational establishments" (such as armories, assembly halls, Bowling alleys, dance halls, pools and billiard parlors, skating rinks and other social, sport or recreational centers) are uses that under certain circumstances fit compatibly with other uses in the BP -O, Business Park Office Zoning District. Consequently, such uses shall be allowed by Special Use Permit " and 2(a) of that Section mandates that the establishment "shall" be a commercial use for the purpose of noise control. The listing of uses in this Section is not intended to limit the uses permitted by Special Use Permit. Instead, the list is illustrative of a type of use. It is amusement and recreational establishments that are permitted by SUP and the ordinance provides examples of the uses with the introductory clause that uses "such as" those on the list are also permitted (emphasis added). Similarly, Sec. 31-101 Sub. 30 of our City Code defines "Commercial Recreation" to include bowling alleys, skating rinks, dancehalls, pool halls, the same uses illustrated by Section 31-515.1. Sec. 31.101 Sub. 30 also notes that the list is illustrative and not limiting, by the phrase that included in the list are "tavern, theater, firearm range and similar uses" (emphasis added). Therefore, since a shooting range is a commercial amusement and recreational use, it can be permitted by Special Use Permit in the BP -O Zoning District. Page 2 August 5, 2015 Metro re: Shooting Range Zoning Appeal The Code goes on the establish certain standards for these uses, but what is important for this analysis is that the proposed use is allowed as a Special Use in the BP -O Zoning District. Therefore, it is legally permitted to consider variances associated with square footage, parking requirements and impervious lot coverage requirements, the variances requested in this application. Further, Courts will examine the denial of a Special Use Permit more closely than the denial of a variance, because a Special Use is one permitted by the Ordinance and the issue is simply whether the standards have been met. A variance may be granted only under a 5 part test established by the 201 1 State Legislation. A variance may, but is not required to be granted when an applicant has "practical difficulties" with the regulations. Practical difficulties means: property owners propose to use the property in a reasonable manner not permitted by the ordinance, the problem is due to circumstances unique to the property and not created by the landowners, and the variance will not alter the essential character of the locality. Lastly, the variance must be consistent with the Comprehensive Plan and be in harmony with the purpose and intent of the Zoning Ordinance. Finally, the Appeal cites a state law that grants certain rights to shooting ranges once they arc lawfully established and operated pursuant to the November 1999 revised addition of the National Rifle Association Range Source Book: A Guide to Planning and Construction. While it is true that this law, enacted in Minnesota in 2005. grants certain protection to shooting ranges, the law does not control the process for granting a zoning permit for the use nor should it be a basis, standing alone, for denial. Respectfully Submitted. David T. Magnuson Stillwater City Attorn Stillwater, MN Code of Ordinances about:blank DIVISION 5. - APPEALS Sec. 31-217. - Appeals. An applicant or any other interested person, dissatisfied with any action taken under the provisions of this chapter, may appeal the action and decision, as follows: (a) Where to file appeal. Appeals shall be filed with the office of the community development director as follows: (1) Appeals from a decision of the community development director or any other administrative official, in taking any of the action authorized by this chapter, must be filed at the office of the community development director. (2) The clerk shall set the appeal for hearing on the agenda for a regular meeting of the city council not less than 15 days or more than 45 days after the date of filing the appeal. (b) Procedure for appeals. Appeals procedure shall be as follows: (1) All appeals shall be made in writing and shall state the reasons for the appeal. The appeal, accompanied by the appropriate fee, must be received by the community development director or the city clerk not later than ten calendar days following the date of action from which the appeal is being taken, unless otherwise specified in this Section 31-217. (2) The community development director must place the appeal on the agenda of the appropriate commission at its next regular meeting. (3) Appeals from the decision of the planning commission or heritage preservation commission in taking any actions authorized by this title must be filed at the office of the city clerk. (4) Once filed, appeals may be withdrawn only at a public hearing and with the approval of the hearing board. (c) Stay, pending appeal. The receipt of a written appeal will stay all action and put in abeyance all approvals or permits which may have been granted, pending the effective date of the decision of the board hearing the appeal. (d) Hearing on appeal. Hearings on appeal shall be as follows: (1) Appeals will be scheduled for hearing at the earliest regular meeting of the hearing board. (2) All appeal hearings will be de novo. (3) All appeal public hearings will be conducted consistent with procedures set forth by ordinance. 1 of 1 7/20/2015 3:09 PM July 17, 2015 City of Stillwater Community Development Department 216 North Fourth Street Stillwater, MN 55082 Attention: Abbi Wittman, City Planner Bill Turnblad, Community Development Director JUL 1 7 2015 Community Development Dopamine Dear Mayor Kozlowski, Councilmember Junker, Councilmember Menikheim, Councilmember Polehna, Councilmember Weidner, City Administrator McCarty, Mr. Turnblad and Ms. Wittman: I respectfully appeal for consideration by the City Council the July 8, 2015 decision by the Stillwater Planning Commission to grant a Special Use Permit and Variances to Paul Simonet for Minnesota Shooting Academy, Case Number 2015-15. The applicants requested a Special Use Permit and Variances to convert an existing furniture showroom to an indoor shooting range. By their nature, shooting ranges may impose negative impacts upon adjoining land owners, nearby residents and the broader community including noise, lead pollution, depressed property values and even potentially physical harm. The issues surrounding this case deserve further public hearing and thorough and transparent discussion with the City Council. Sufficient information was not provided to the Planning Commission to allow full evaluation of the proposal. The basis for my appeal is as follows: 1. A shooting range is not an allowed use in the zoning district. Under the Stillwater City Code Section 31-101(30), firearms ranges are specifically defined as a commercial recreation use: Commercial recreation means bowling alley, cart track, jump center, golf, pool hall, vehicle racing or amusement, dancehall, skiing, skating, tavern, theater, firearms range and similar uses. [Emphasis added.] The property lies within the Business Park Office (BP -O) District. Commercial recreation uses are not allowed as a permitted or special use in the zoning district per Section 31-320(b)(1) and Section 31-325. The application was instead processed as an Amusement and Recreational Establishment. Amusement and Recreational Establishments are listed separately in Section 31-325 and are not interchangeable with Commercial Recreation uses. The definition of Amusement and Recreational Establishments includes a distinct subset of uses from the broader Commercial Recreation definition but does not include firearm ranges. Appeal of Case 2015-15 Paul Simonet/Minnesota Shooting Academy Special Use Permit and Variances Amusement and Recreational Establishments are allowed as a special use in the BP -O District. Section 31-207 of the Stillwater Code states that special uses "may be suitable only in certain zoning districts" because they are "of such unique and special character." Special uses are not allowed by right but only if certain required findings can be made. The zoning ordinance also limits Amusement and Recreational Establishments in the BP -O District to 3,000 square feet in size "provided the place or building in which it is operated is sufficiently sound insulated to effectively confine the noise to the premises." The intent of the zoning ordinance is clearly to allow small, specific uses without significant, noise impacts to adjacent properties. A shooting range in a 28,000 square foot building cannot be reasonably interpreted to fall within these parameters. 2. The requested variance to allow a shooting range in the BP -O district is a use variance. Use variances are not allowed by state law or city code. To allow a shooting range even under the incorrect categorization as an Amusement and Recreation Establishment, the applicants required a variance to the maximum 3,000 -square -foot size for Amusement and Recreation Establishments in the BP -O zoning district. As stated on the City's website: The variance procedure is designed to permit minor adjustment to the zoning regulations where there are special or extraordinary circumstances applying to a parcel of land or building that prevent the property from being used to the extent intended by the zoning. Special circumstances may include factors such as the size, shape, topography, vegetation, wetlands or other unique characteristics of the land. The applicants' request is effectively a use variance — using the variance process to allow a use otherwise not permitted in a specific zoning district. Use variances are not permitted under Minnesota State law or Stillwater City Code Section 31-208(b): In no case may a variance be granted to permit a use or a density other than a use or density permitted in the district. In addition, the variance application states the size of Amusement and Recreational use to be just over 7,000 square feet, including only the shooting lanes in the size calculation. The subject building is at least 26,000 square feet in size (though described as over 28,000 square feet in the original 1995 development approval). The primary use of the entire building will be a shooting range, not just the shooting lanes. The proposed retail, offices, lounge, vending area and restrooms are accessory and ancillary to the primary use as a shooting range, not independent or separate of the shooting range. The description of the shooting range as just over 7,000 square feet minimizes the discrepancy between the size of the proposed use (26,000+ square feet) and the size of Amusement and Recreational Establishments (3,000 square feet) permitted in the zoning district. 2 Appeal of Case 2015-15 Paul Simonet/Minnesota Shooting Academy Special Use Permit and Variances 3. State statutes si nificantl limit local zonin; authorit over shoatin ran es. State statutes are less strict than city standards, allowing more noise, allowing expansion by right and In 2005, the Minnesota Legislature adopted a statute that appears to greatly limit local zoning authority over shooting ranges (Minnesota Statutes 87A Shooting Ranges, attached). This statute initially directed the Commissioner of the Department of Natural Resources to develop statewide performance standards for shooting ranges through a public rule-making process. In the interim, shooting range performance standards were defined as the 1999 revised edition of the National Rifle Association's (NRA) Range Source Book. The Minnesota Legislature amended the statute in 2012 to adopt the 1999 NRA Range Source Book as the permanent state-wide standards for shooting ranges. This statute limits local authority over shooting ranges especially relating to noise standards, hours of operation, expansion, resolving complaints, permit enforcement and closure. For example, noise standards in the state statute allow more noise than city requirements. The statute also allows expansion of shooting ranges by right if in compliance with the state-wide performance standards. Closure of shooting ranges may only be accomplished by a court determination. Information on the applicability of this statute to the Paul Simonet/Minnesota Shooting Academy application, including a City Attorney opinion, was not included in the Planning Commission packet or presented at the Planning Commission meeting. 4. The required special use and variance findings cannot be made for this request. Sections 31-207(d) and 31-208(d) of the Stillwater City Code state that all required findings must be made based on evidence in the public record before approving a special use permit and any variances.. These findings include that the proposed use conforms to the requirements and intents of the zoning ordinance. The proposed Commercial Recreation use is not an allowed use in this zoning district. Other findings require that conditions be imposed to protect the public interest and public welfare. The Planning Commission did impose conditions of approval but the ability to implement and enforce these conditions appears to be significantly limited by state statute especially as it relates to noise, expansion and addressing nuisances. The potential for lead pollution, especially indoor air pollution, from the shooting range and related health impacts were not discussed or evaluated in the Planning Commission materials. A variance to the impervious surface standard and/or landscape standard is not in the public interest as it detrimentally impacts water quality, storm water runoff volume, community aesthetics and buffering of adjacent land uses. Finally, neither variance request meets the practical difficulty standard defined in Minnesota State Statutes and the Stillwater City Code: "Practical difficulties," as used in connection with the granting of a variance, means that all of the following must be found to apply: (1) The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; 3 Appeal of Case 2015-15 Paul Simonet/Minnesota Shooting Academy Special Use Permit and Variances (ii) The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and (iii) The variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute practical difficulties. The proposed Commercial Recreation use is not allowed in the BP -0 zoning district. The requested variances do not relate to any unique property characteristics but are solely created by the landowner's desire to use the property as a shooting range. When addressing the variance findings, the applicants' own project narrative acknowledges that the need for the variance "is related to the use of the property, not circumstamces unique to the property." I appreciate your consideration of this appeal and ask that you reverse the Planning Commission's decision to grant a special use permit and variances for Paul Simonet/Minnesota Shooting Academy. I request that this appeal be considered at the next available City Council meeting on July 28, 2015 to facilitate prompt resolution of this matter. Respectfully, Melissa Douglas, Resident Attachment: Minnesota Statute Chapter 87A, Shooting Ranges 4 1 87A.01 DEFINITIONS. MINNESOTA STATUTES 2014 87A.03 CHAPTER 87A SHOOTING RANGES 87A.02 SHOOTING RANGE PERFORMANCE STANDARDS; BEST PRACTICES. 87A.03 COMPLIANT RANGES; AUTHORIZED ACTIVITIES. 87A.04 MITIGATION AREA. 87A.05 NOISE STANDARDS. 87A.06 NUISANCE ACTIONS; COMPLIANCE WITH SHOOTING RANGE PERFORMANCE STANDARDS. 87A.07 CLOSURE OF SHOOTING RANGES. 87A.08 APPLICABILITY OF OTHER LAWS. 87A.09 PUBLIC SHOOTING RANGES; ACCESSIBILITY. 87A.10 TRAP SHOOTING SPORTS FACILITY GRANTS. 87A.001 MS 2006 [Renumbered 15.001] 87A.01 DEFINITIONS. Subdivision 1. Applicability. The definitions in this section apply to sections 87A.01 to 87A.08. Subd. 2. Person. "Person" means an individual, association, proprietorship, partnership, corporation, club, political subdivision, or other legal entity. Subd. 3. Shooting range or range. "Shooting range" or "range" means an area or facility designated or operated primarily for the use of firearms, as defined in section 97A.015, subdivision 19, or archery, and includes shooting preserves as described in section 97A.115 or any other Minnesota law. Subd. 4. Shooting range performance standards. "Shooting range performance standards" means the best practices for shooting range performance standards identified in section 87A.02. Subd. 5. Local unit of government. "Local unit of government" means a home rule charter or statutory city, county, town, or other political subdivision. History: 2005 c 105 s 1; 2012 c 277 art 1 s 16 87A.02 SHOOTING RANGE PERFORMANCE STANDARDS; BEST PRACTICES. Subdivision 1. [Repealed, 2012 c 277 art 1 s 91] Subd. 2. Best practices. For purposes of this chapter, the November 1999 revised edition of the National Rifle Association's Range Source Book: A Guide to Planning and Construction shall serve as best practices for shooting range performance standards. History: 2005 c 105 s 2; 2012 c 277 art 1 s 17 87A.03 COMPLIANT RANGES; AUTHORIZED ACTIVITIES. Subdivision 1. Authorized activities. A shooting range that operates in compliance with the shooting range performance standards must be permitted to do all of the following within its geographic boundaries, under the same or different ownership or occupancy, if done in accordance with shooting range performance standards: (1) operate the range and conduct activities involving the discharge of firearms; Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 87A.03 MINNESOTA STATUTES 2014 2 (2) expand or increase its membership or opportunities for public participation related to the primary activity as a shooting range; (3) make those repairs or improvements desirable to meet or exceed requirements of shooting range performance standards; (4) increase events and activities related to the primary activity as a shooting range; (5) conduct shooting activities and discharge firearms daily between 7:00 a.m. and 10:00 p.m. A local unit of government with zoning jurisdiction over a shooting range may extend the hours of operation by the issuance of a special or conditional use permit; and (6) acquire additional lands to be used for buffer zones or noise mitigation efforts or to otherwise comply with this chapter. Subd. 2. Nonconforming use. A shooting range that is a nonconforming use shall be allowed to conduct additional shooting activities within the range's lawful property boundaries as of the date the range became a nonconforming use, provided the shooting range remains in compliance with noise and shooting range performance standards under this chapter. Subd. 3. Compliance with other law. Nothing in this section exempts any newly constructed or remodeled building on a shooting range from compliance with fire safety, disability accessibility, elevator safety, bleacher safety, or other provisions of the State Building Code that have mandatory statewide ap- plication. History: 2005 c 56 s 1; 2005 c 105 s 3 87A.04 MITIGATION AREA. (a) Except for those uses, developments, and structures in existence or for which approval has been granted by October 1, 2005, or as provided in paragraph (b), no change in use, new development, or con- struction of a structure shall be approved for any portion of property within 750 feet of the perimeter property line of an outdoor shooting range if the change in use, development, or construction would cause an outdoor shooting range in compliance with this chapter to become out of compliance. (b) A change in use, new development, or construction of a structure subject to this section may be approved if the person seeking the approval or, at the discretion of the governing body, the approving authority agrees to provide any mitigation required to keep the range in compliance with this chapter. The person requesting an approval subject to this section is responsible for providing documentation if no mitigation is required under this section. Failure to provide the documentation or any mitigation required under this section exempts the range from being found out of compliance with the shooting range per- formance and noise standards of this chapter with regard to the property responsible for the mitigation if the failure to provide the documentation or required mitigation is the sole basis for the range being out of compliance with the shooting range performance standards. Any action brought by the owner of the property against the range is subject to section 87A.06. With the permission of the range operator, any mitigation required under this section may be provided on the range property. History: 2005 c 105 s 4 Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 87A.05 NOISE STANDARDS. MINNESOTA STATUTES 2014 87A.08 Allowable noise levels for the operation of a shooting range are the levels determined by replacing the steady state noise L10 and L50 state standards for each period of time within each noise area's classification with a single Leq(h) standard for impulsive noise that is two dBA lower than that of the L10 level for steady state noise. The noise level shall be measured outside of the range property at the location of the receiver's activity according to Minnesota Rules, parts 7030.0010 to 7030.0080, as in effect on May 28, 2005. For purposes of this section, "Leq(h)" means the energy level that is equivalent to a steady state level that contains the same amount of sound energy as the time varying sound level for a 60 -minute time period. History: 2005 c 105 s 5 87A.06 NUISANCE ACTIONS; COMPLIANCE WITH SHOOTING RANGE PERFORMANCE STANDARDS. A person who owns, operates, or uses a shooting range in this state that is in compliance with shooting range performance standards is not subject to any nuisance action for damages or equitable relief based on noise or other matters regulated by the shooting range performance standards. This section does not prohibit other actions. History: 2005 c 105 s 6 87A.07 CLOSURE OF SHOOTING RANGES. Subdivision 1. Closure. Except as otherwise provided in sections 87A.01 to 87A.08, a shooting range that is in compliance with shooting range performance standards and the requirements of sections 87A.01 to 87A.08 shall not be forced to permanently close or permanently cease any activity related to the primary use of the shooting range unless the range or activity is found to be a clear and immediate safety hazard by a court of competent jurisdiction. In any action brought to compel the permanent closure of any range in compliance with shooting range performance standards and this chapter, or to permanently cease any activity related to the primary use of the shooting range, there is a rebuttable presumption that the range or activity is not a clear and immediate safety hazard. If the shooting range provides evidence that the cause of a proven safety hazard can be mitigated so as to eliminate the safety hazard, the court shall not order the permanent closure of the range, or permanent ceasing of the activity found to be a clear and immediate safety hazard, unless the range operator fails to implement the necessary mitigation to remove the safety hazard by the date that is determined reasonable by the court. Subd. 2. Preliminary injunctions. Nothing in this section prohibits a court from granting a preliminary injunction against any activity determined to be a probable clear and immediate safety hazard, or against any individual determined to be the probable cause of an alleged clear and immediate safety hazard, pending the final determination of the existence of the safety hazard. Subd. 3. Permanent injunctions. A court may grant a permanent injunction only against a particular activity or person instead of permanently closing the range unless the court finds that the remaining op- erations also pose a safety hazard under this section. History: 2005 c 105 s 7 87A.08 APPLICABILITY OF OTHER LAWS. Subdivision 1. Public safety laws; zoning. (a) Nothing in this chapter prohibits enforcement of any federal law. To the extent consistent with this chapter, other state laws regarding the health, safety, and Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 87A.08 MINNESOTA STATUTES 2014 4 welfare of the public may be enforced. To the extent consistent with this chapter, a local unit of government with zoning authority jurisdiction over a shooting range may enforce its applicable ordinances and permits. Nothing in this chapter shall supersede more restrictive regulation of days and hours of operation imposed by the terms and conditions of ordinances and permits that are in effect on May 28, 2005. (b) If the operator of the shooting range shows evidence that the range can be brought into compliance with the applicable state law, local ordinance, or permit, the range may not be permanently closed unless the range operator fails to bring the range into compliance with the applicable law, ordinance, or permit under this section by the date that the court determines reasonable. Nothing in this section prohibits a court from granting a preliminary injunction against any activity determined to be a violation of a law, ordinance, or permit under this section or against any individual determined to be causing an alleged violation, pending the final determination of the existence of the violation. Subd. 2. Permanent injunctions. A court may grant a permanent injunction only against a particular activity or person instead of permanently closing the range unless the court finds that the remaining op- erations also create a violation under this section. History: 2005 c 105 s 8 87A.09 PUBLIC SHOOTING RANGES; ACCESSIBILITY. (a) A publicly owned or managed shooting range located in the seven -county metropolitan area that is funded in whole or part with public funds must be available at least twice during the spring and twice during the summer for use by participants in a Minnesota Department of Natural Resources firearms safety instruction course under section 97B.015. The shooting range must be available during hours reasonable for youth participants. The range operator may charge a fee to cover any costs directly incurred from use required under this section, but may not charge a fee to offset costs for general maintenance and operation of the facility. (b) This section does not apply to cities of the first class or a shooting range located on the same premises as a correctional or detention facility that holds or incarcerates offenders. History: 2012 c 277 art 1 s 18 87A.10 TRAP SHOOTING SPORTS FACILITY GRANTS. The commissioner of natural resources shall administer a program to provide cost -share grants to local recreational shooting clubs for up to 50 percent of the costs of developing or rehabilitating trap shooting sports facilities for public use. A facility rehabilitated or developed with a grant under this section must be open to the general public at reasonable times and for a reasonable fee on a walk-in basis. The commissioner shall give preference to projects that will provide the most opportunities for youth. History: 2014 c 290 s 13; 2014 c 312 art 13 s 18 Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. July 20, 2015 City of Stillwater 216 4th Street N Stillwater, MN 55082 Case #2015-15 Dear Planning Commission and Council Members, Fes, eived JUL 9 0 2015 Community Development Department I am a Stillwater resident and I would like to appeal the decision made by the Stillwater Planning Commission on July 8th, 2015 for approval of the variances for the MN Shooting Academy. The proposed location is 2159 Curve Crest Boulevard. . I strongly recommend a further sound study of the possible MN Shooting Academy It was not made clear by the Planning Commission on July 8th that the outside noise from any air exchangers or equipment would pass the decibel rating. They seemed to concentrate solely on the gun and range sound when the large outdoor equipment will be much louder. City Planner Wittman vacillated for what the actual rating was. The tests were also conducted by staff of Action Target one with a Radio Shack Handheld meter. Is there training needed to use these meters, along with testing of the equipment? Wouldn't an outside source for testing be required for confirmation? I would also suggest a conversation with the cities that these current facilities are located in. I am also greatly concerned about the added traffic at the intersection of Curve Crest Blvd. and Washington . I am a frequent patron of Brine's, ABC Lumber, Abrahmson's Nursery, Simonet's, Herberger's & yes, Haskell's as well. I have seen accidents and so many close calls leaving these locations that it has actually kept me away during certain hours of the business day. May I suggest a study of this area prior to final approval as everyone seemed to agree this needs to be addressed without change of ownership. Finally, I see no classrooms in the plans. If this is truly an academy and presents itself as a gun safety and teaching facility I would suggest that would need to be done in a classroom. You will find my $50.00 enclosed for this petition. Please consider more study prior to this approval. egards, Ann. ICochsiek 2151 Oak Glen Trail Stillwater, MN 55082 dun & Ana Kochsiek 2151 Oak Oa Tn l St► atei; MN 55052 PROJECT DIRECTORY OWNER XXX XXX XXX CONTACT: XXX PHONE: XXX CELL: XXX EMAIL: XXX CONTRACTOR: xxx XXX XXX CONTACT: XXX PHONE: XXX CELL: XXX FAX: XXX EMAIL: XXX ARCHITECT ARCHNET INC. 333 NORTH MAIN STREET SUITE 201 STILLWATER, MN 55082 CONTACT: MICHAEL F. DIEM PHONE: 65 I -430-0606 CELL: 65 I -271-7289 FAX: 65 I -430-24 14 EMAIL: mike@archnetusa.com STRUCTURAL ENGINEER DUFFY ENGINEERING 350 HIGHWAY 10 SOUTH ST. CLOUD, MINNESOTA 56304 CONTACT: RYAN SEAVERT 0: (320) 259-6575 F: (320) 259-6991 EMAIL: SeavertR@DuffyEng.com WEBSITE: DUFFYENG.COM LOCATION MAP Curve Crest Blvd Fob Target Curve Cre . 215g Curve Crest Blvd SITE Abrahamson Nurseries Lifl Bridge • Bering Company Tower Dr VII '1141 Fror is Vii, St 91 DRAWING INDEX SHEET# SHEET NAME GENERAL TO TITLE SKEET ARCHITECTURAL D I DEMO PLAN A1.0 FLOOR PLAN * SCHEDULES STRUCTURAL XXX XXX MN SHOOTING ACADEMY 2159 Curve Crest Boulevard, Stillwater, MN 795 SQ.FT. 3 PARKING STALLS PER CLASSROOM + I PER/ INSTRUCTOR = 8 7,500 SQ.FT. I PARKING STALLS PER 200 = 38 LOUNGE VENDING 740 SQ.FT. I PARKING STALLS PER 200 = 4 B' OCCUPANCY GUN RANGE 7,040 SQ.FT. 14 SHOOTERS AND 6 INSTRUCTORS = 20 WAREHOUSE / STORAGE 5,383 SQ.FT. I PARKING STALLS PER 1000 = 6 CURVE CREST BLVD. OSITE PLA 1" = 40'-0" 115'-2" 36 PROOF OF PARKING STALLS 11 r❑ 23 26,700 SQ. FT. 49 EXISTING PARKING STALLS + 36 PROOF OF PARKING STALLS = 85 PARKING STALLS 93' - 2" f 27 NOTE SITE PLAN IS FOR REFERENCE ONLY, ALL EXISTING SITE IONDITIONS TO REMAIN , NO NEW ADDITIONAL SITE WORK GREEN SPACE PRELIMINARY CALCULATION: 100,877 SF SITE 21,236 SF GREEN (21 %) WITH INCREASED PARKING w Q z 0 z N CODE DATA MN Shooting Academy Code Data Location Current Building Code Project Description June 16, 2015 Occupancy Classification, Chapter 3 Section 303.1.1 exception Type of Construction (existing) Table 601 Separation at indoor gun range Occupant load, Table 1004.1.2 (For exiting purposes only) Exits: Table 1015.1, 1015.2.1 Locking, Section 1008.1.9 Panic/Fire exit hardware Exit signage Section 1011.1 Emergency Lighting at means of egress, 1006.3 Accessible exterior route, MN 1341 Slope not steeper than 1:20 Accessible parking, (2015 MN Chapter 1341 adopted 1/14/15) Accessible plumbing fixtures MN Plumbing fixtures, Table 2902.1 Stillwater, Minnesota 2015 MN State Building Code adopts 2012 IBC with amendments (effective 6/2/15); unless noted otherwise, IBC sections refer to 2012 IBC 2015 MN Accessibility Code was effective 1/14/15 Remodel space within existing building Group B offices to remain, Assembly space less than 50 occupants -B occupancy (lounge/vending), Retail space Group M, warehouse/storage Group 5-2, indoor gun range S-1 occupancy (18 occupants) with hazardous materials within allowable quantity per control area Type II -B sprinklered existing with additional protective construction at indoor gun range Provide walls equivalent to 2 -hour fire rating and additional protective construction at indoor gun range Retail M occupancy 7,500 sf/30 sf per occupant = 250, Group B offices 1,925 sf/100 = 19, Lounge/vending 740 sf/15 = 49, Gun range actual 18 occupants, Warehouse/storage 6,570 sf/300 = 22 Provide 1 exit at indoor gun range, 18 occupants (1 exit allowed for max occupant load of 29), existing exterior exits 1/3 diagonal apart at warehouse/storage and retail areas, provide exit through storage area at new hall Egress doors shall be readily openable from egress side with use of key or special knowledge; indoor gun range may require special security measures Existing fire exit hardware on exterior exit doors to remain, verify with Fire Marshal Verify at existing exterior doors to remain, provide at all locations where path of egress is not immediately visible Verify at existing exterior landings of exterior doors Verify existing accessible route from accessible surface parking to main entrance Verify existing accessible parking spaces & signage, see exception for access aisle signage located in path of travel Existing to remain (1 women, 1 men) Existing to remain: women (3 toilets, 3 lays), men (2 toilets, 1 urinal, 3 lays GENERAL NOTES 1. IF ANY DISCREPANCIES EXIST BETWEEN ARCHITECTURAL, STRUCTURAL OR CIVIL DRAWINGS, CONSULT WITH ARCHITECT BEFORE COMMENCING WITH CONSTRUCTION. 2. DO NOT SCALE DRAWINGS, IF ADDITIONAL DIMENSIONS ARE REQUIRED CONTACT ARCHITECT. 3. GENERAL CONTRACTOR TO SUPPLY A FULL SET OF PLANS TO THE SUBS * SHOP SUPPLIERS. 4. GENERAL CONTRACTOR SHALL BE RESPONSIBLE TO MELD VERIFY ALL EXISTING CONDITIONS $ DIMENSIONS PRIOR TO COMMENCING WITH WORK AND TO NOTIFY ARCHITECT IMMEDIATELY OF ANY DISCREPANCIES. 5. GENERAL CONTRACTOR SHALL VERIFY AND INSURE ALL UTILITIES ARE LOCATED IN FIELD AND COORDINATE AS NECESSARY WITH NEW WORK. 6. GENERAL CONTRACTOR AND ALL SUB -CONTRACTORS SHALL PERFORM WORK IN CONFORMANCE WITH ALL APPLICABLE BUILDING CODES AND LAWS. 7. NOTIFY ARCHITECT OF ANY DISCREPANCIES BETWEEN SPECIFICATIONS, PLANS AND NOTES. CONTRACTOR SHALL BE HELD TO COMPLY WITH THE MORE STRINGENT REQUIREMENTS. 8. GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR THE COORDINATION OF ALL MECHANICAL, ELECTRICAL, PLUMBING, HVAC, FIREPROTECTION, AND STRUCTURE CONSTRUCTION AND SHALL COMPLY WITH ALL APPLICABLE CODES AS INDICATED. 9. REQUIRED MEANS OF EGRESS AND SECURITY TO SPACE SHALL BE MAINTAINED DURING CONSTRUCTION. 10. GENERAL CONTRACTOR TO NOTE CONSTRUCTION TIME LINE OF PROJECT AND THAT CONSTRUCTION MAY START IN WINTER. GENERAL CONTRACTOR SHOULD PLAN ACCORDINGLY FOR WINTER CONDITIONS. 1 I . GENERAL CONTRACTOR SHALL COORDINATE * INSTALL ALL NECESSARY BLOCKING, SHIMS $ BACKING FOR FIXTURES, EQUIPMENT, AND ACCESSORIES RELATED TO THE SCOPE OF WORK. 12. CONTRACTOR SHALL CALL FIRE INSPECTOR AT ELECTRIC R.I. TO CONFIRM LOCATION OF EXIT SIGNS AND EMERGENCY LIGHTING. EMERGENCY LIGHTING IS REQUIRED AT ALL EXIT DOORS. EXIT AND DIRECTIONAL SIGNAGE SHALL BE INSTALLED AT EVERY REQUIRED EXIT DOORWAY, INTERSECTION OF CORRIDORS AND AT OTHER SUCH LOCATIONS AND INTERVALS AS NECESSARY TO CLEARLY INDICATE THE DIRECTION OF EGRESS. 1 3. FIRE EXTINGUISHER TO BE A MINIMUM 2A I OBC, RATED WALL MTD. AT A HEIGHT TO MEET ADA CODES WITH SIGNAGE. 14. CONTRACTOR SHALL FURNISH/INSTALL FIRE EXTINGUISHERS AND F.E. WALL SIGNAGE COMPLIANT WITH CODES. ALL F.E.'S SHALL BE TAGGED, CURRENTLY DATED, EFFECTIVE FOR ONE-YEAR. FINAL QUANTITIES OF FIRE EXTINGUISHERS ARE SUBJECT TO CODES AND/OR LOCAL FIRE MARSHAL DIRECTIONS/REQUIREMENTS. 1 5. SPRINKLER INSTALLING CONTRACTOR MUST OBTAIN A FIRE SPRINKLER PERMIT FOR FIRE SPRINKLER WORK PRIOR TO SYSTEM INSTALLATION. CONSTRUCTION DOCUMENTS AND CALCULATIONS MUST BE PROVIDED BY THE SPRINKLER INSTALLER FOR REVIEW AND APPROVAL. 1 6. IT IS THE SPRINKLER SUB -CONTRACTORS RESPONSIBILITY TO DESIGN THE SPRINKLER SYSTEM TO ALL AREAS INCLUDING CONCEALED SPACES AND TO FIT WITHIN THE ROOF STRUCTURE AND AVOID LIGHT FIXTURES, FANS MECHANICAL DUCT IN THE SPACES WITH EXPOSED STRUCTURE. AS HIGH AND TIGHT TO THE DECK AS POSSIBLE. 17. SUBMIT ALL COLOR SAMPLES TO OWNER AND ARCHITECT FOR APPROVAL PRIOR TO CONSTRUCTION. ALLOW AMPLE TIME FOR SELECTIONS AND APPROVALS. 18. DESIGN -BUILD SUB -CONTRACTORS ARE TO VERIFY THAT ALL APPLICABLE WORK IS IN THEIR SCOPE OF WORK AND THEREFORE IN THEIR RESPECTIVE BID. IT IS THE RESPONSIBILITY OF THE DESIGN -BUILD SUB -CONTRACTOR TO COORDINATE THIS WITH OTHER SELECTED DESIGN -BUILD SUB -CONTRACTORS. ti� s 1111111111111111 Y �• ■ ■ ■ ■ ■ 11111111111111111 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 1 I 1 1 1 1 1 1 1 I I I I I I I 1 1 1 1 1 1 1 1 1 i1 I I I I 1 1 1 11 1 1 1 I _ NOTE ELEVATION IS FOR REFERENCE ONLY, NO NEW WORK EXISTING ELEVATION .(Th 3/32" = 1'-0" ================== !7================== �====================o==o= == ================== 111■11■11111111111111111111111111111111111111■11■11111111111111111111111111111111111111!11� II II■IHI•nII■II■IIII■■IIII■II■IIIIIIIIIIII ARCHNET u S a architecture • interiors sustainable design 333 N Main St. Ste. 201 Stillwater, MN 55082 651-430-0606 archnetusa.com MN SHOOTING ACADEMY 2159 Curve Crest Boulevard, Stillwater, MN Revisions Item REV.1 Date 8-11-15 Registration Information 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 Printed Name MICHAEL F. DIEM Signature DATE License # 8-11-15 16844 Sheet Information TITLE SHEET Project No : 15-111 Sheet Size : 24" x 36" Drawn By : CAL Checked By : RT Date : 8-11-15 Drawing No : TO ;02015 ARCHNET, Inc. DEMO WALL AND DOOR ODEMO PLAN 3/32" = 1'-O" G Al .0 I I I I I I I I u n I I I _L 77 - - - - I I I I I I I I I I I I I I u1 L i i i IL L \\ \ L r Li (G) iJ t T 1 ‘71- ttt LJ_J KEY C — — — 1 EXISTING WALL TO BE DEMO EXISTING WALL TO REMAIN NEW WALL I � (A\ ARCHNET u S a architecture • interiors sustainable design 333 N Main St. Ste. 201 Stillwater, MN 55082 651-430-0606 archnetusa.com MN SHOOTING ACADEMY 2159 Curve Crest Boulevard, Stillwater, MN Revisions Item /i' REV.1 Date 8-11-15 Registration Information 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 Printed Name MICHAEL F. DIEM Signature DATE License # 8-11-15 16844 Sheet Information DEMO SHEET Project No : 15-111 Sheet Size : 24" x 36" Drawn By : CAL Checked By : RT Date : 8-11-15 Drawing No : Di ;.2015 ARCHNET, Inc. (D) ELEC. 112 STORAGE 111 h BREAK ROOM 110 WOM 104 MEN 105 116 1OFLOOR PLAN 3/32" = 1 '-0" 115 107 WAREHOUSE 113 1 OFFICE 108 GUN SMITH (OFFICE) 109 6 Al .0 I12'-0" RETAIL SPACE 101 1 4 STORAGE I I I EXISTING BAR JOIST BEARING 116'-0" - F I N 1 101 RETAIL SPACE 7' - 0" 3' - 0" A F I LANE I 102 AIR LOCK RANGE 4 A F I I 103 GUN RANGE LANE 2' - 10" 104 WOMEN 7' - 0" 2' - 1 0" LANE 3 105 MEN 7' - 0" N N N LANE 4 106 - - - - -_ - - NOTE WALL AND CEILING STEEL PANELS FOR BULLET RICOCHET PREVENTION BY OTHERS -_ -_ -r NEW STEEL BEAMS SEE STRUCT. - - - NEW 12" CMU CORE FILLED, - SEE STRUCT. FOR- - - - - - - LANE 5 1 - REINFORCING T G 103 108 OFFICE - LANE 6 I PROVIDE NEW FOOTING AS / PC.TPI II -7 109 GUN SMITH (OFFICE) I I LANE 7 I BREAK ROOM 11 STORAGE BULLET CATCHER AREA 1 JI I 12 ELEC. SAFETY CORRIDOR A 113 0 -_ I b LANE 8 114 STORAGE L'1E9 115 CLASSROOM 116 LANE 10 - 117 CORRIDOR LANE I I LANE 12 LANE 13 O _ LANE 14 - AIR LOCK 102 KEY (5) NEW BOLLARDS VESTIBU E 0 100 LOUNGE VENDING [71 DOCK N Ep) SECTION 1/8"= 1'-0" SEE T.O.W. idu 122'-0" FLOOR PLAN 100' - 0" �I 12" CMU CORE FILLED, SEE STRUCT. FOR REINFORCING WALL TYPE I OINTERIOR WALL TYPES 1 =1-0 SEE SCHEDULE SEE SCHEDULE FI HOLLOW MTL. FRAME --}r FRAME TYPES 1/4" = 1'-0" SEE SChED. SEE SCHED. A NON -INSULATED H.M. DOOR DOOR TYPES 1/4" = 1'-0" HARDWARE LEGEND GROUP 1 INTERIOR LATCH SET, BUTTS A5 REQ'D I EA CLOSER I EA DOOR STOP I EA LATCH SET NOTES: I . DOOR AND ROOM FINISH SCHEDULE ARE FOR REFERENCE ONLY VERIFY ALL FINISHES WITH OWNER 2.NOTE: ALL HARDWARE GROUPS ARE FOR REFERNCE ONLY VERIFY ALL HARDWARE WITH OWNER Number NAME WALL FINISH EXISTING WALL TO BE DEMO EXISTING WALL TO REMAIN NEW WALL C ) ROOM FINISH SCHEDULE FLOOR FINISH BASE CEILING FINISH CEILING HEIGHT COMMENTS 100 EXISTING BAR JOIST BEARING 118'-0" I I EXISTING BAR JOIST BEARING 116'-0" - F I I 101 RETAIL SPACE 7' - 0" 3' - 0" A F I I 102 AIR LOCK 7' - 0" 3' - 0" A F I I 103 GUN RANGE 7' - 0" 2' - 10" 104 WOMEN 7' - 0" 2' - 1 0" 105 MEN 7' - 0" 2' - 10" 106 - - - - -_ - - NOTE WALL AND CEILING STEEL PANELS FOR BULLET RICOCHET PREVENTION BY OTHERS -_ -_ -r NEW STEEL BEAMS SEE STRUCT. - - - NEW 12" CMU CORE FILLED, - SEE STRUCT. FOR- - - - - - - OFFICE - - REINFORCING T - - 108 OFFICE - I PROVIDE NEW FOOTING AS / PC.TPI II -7 SECTION 1/8"= 1'-0" SEE T.O.W. idu 122'-0" FLOOR PLAN 100' - 0" �I 12" CMU CORE FILLED, SEE STRUCT. FOR REINFORCING WALL TYPE I OINTERIOR WALL TYPES 1 =1-0 SEE SCHEDULE SEE SCHEDULE FI HOLLOW MTL. FRAME --}r FRAME TYPES 1/4" = 1'-0" SEE SChED. SEE SCHED. A NON -INSULATED H.M. DOOR DOOR TYPES 1/4" = 1'-0" HARDWARE LEGEND GROUP 1 INTERIOR LATCH SET, BUTTS A5 REQ'D I EA CLOSER I EA DOOR STOP I EA LATCH SET NOTES: I . DOOR AND ROOM FINISH SCHEDULE ARE FOR REFERENCE ONLY VERIFY ALL FINISHES WITH OWNER 2.NOTE: ALL HARDWARE GROUPS ARE FOR REFERNCE ONLY VERIFY ALL HARDWARE WITH OWNER Number NAME WALL FINISH EXISTING WALL TO BE DEMO EXISTING WALL TO REMAIN NEW WALL C ) ROOM FINISH SCHEDULE FLOOR FINISH BASE CEILING FINISH CEILING HEIGHT COMMENTS 100 VESTIBULE 7' - 0" 3' - 0" A F I I 101 RETAIL SPACE 7' - 0" 3' - 0" A F I I 102 AIR LOCK 7' - 0" 3' - 0" A F I I 103 GUN RANGE 7' - 0" 2' - 10" 104 WOMEN 7' - 0" 2' - 1 0" 105 MEN 7' - 0" 2' - 10" 106 OFFICE 107 OFFICE 108 OFFICE 109 GUN SMITH (OFFICE) I 10 BREAK ROOM 11 STORAGE I 12 ELEC. 113 WAREHOUSE 114 STORAGE 115 CLASSROOM 116 CLASSROOM 117 CORRIDOR DOOR # FROM ROOM: NAME HEIGHT DOOR SCHEDULE WIDTH DOOR TYPE FRAME TYPE HDWR GROUP COMMENTS 102 RETAIL SPACE 7' - 0" 3' - 0" A F I I 1 02A AIR LOCK 7' - 0" 3' - 0" A F I I 114 RETAIL SPACE 7' - 0" 3' - 0" A F I I I 15 CLASSROOM 7' - 0" 2' - 10" I 1 E. CLASSROOM 7' - 0" 2' - 1 0" I 17 WAREHOUSE 7' - 0" 2' - 10" ARCHNET u S a architecture • interiors sustainable design 333 N Main St. Ste. 201 Stillwater, MN 55082 651-430-0606 archnetusa.com MN SHOOTING ACADEMY 2159 Curve Crest Boulevard, Stillwater, MN Revisions Item REV.1 Date 8-11-15 Registration Information 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 Printed Name MICHAEL F. DIEM Signature �l- DATE License # 8-11-15 16844 Sheet Information FLOOR PLAN Project No : 15-111 Sheet Size : 24" x 36" Drawing No : Drawn By : CAL Checked By : RT A1.0 Date : 8-11-15 ©2015 ARCHNET, Inc. Abbi Wittman From: A. Sundberg Siess <afsundberg@yahoo.com> Sent: Thursday, August 13, 2015 12:04 PM To: Abbi Wittman; Bill Turnblad Cc: Anne Siess Subject: Case 2015-15 Abbi, Please share this with the council for Case 2015-15. ************** Stillwater City Council, I am a current member of the Stillwater Planning Commission; this is the second case regarding guns during my tenure. Part of the difficulty in assessing these cases is Stillwater's lack of ordinance regarding guns. Due to lack of ordinance, the city is left to compare the use/regulation to that of other businesses that are arguably ironic. I urge you to read the minutes of case 2011-25 where the request to sell guns to customers out of a residence was compared to a hair salon. The case before you tonight is lumped into an entertainment use, which is comparable to a roller rink, bowling alley, etc. A gun to a shampoo bottle/roller skate is like apple to orange. My hope is for the city to thoughtfully plan the use/sale of guns with wise ordinances that are fair/reasonable to all parties and promote safety. Pasted below is an indoor gun range ordinance for Chanhassen, Minnesota for your consideration. Respectfully, Anne Siess 170 Interlachen Way Court, Stillwater • Sec. 20-298.5. - Gun range, indoor. (1) (2) (3) (4) The gun range shall not be located on any lot adjacent to an existing residential district. The gun range when established shall not be located within 1,000 lineal feet, measured from building to building, of an establishment licensed to dispense intoxicating or nonintoxicating liquor. Indoor gun ranges shall not sell or dispense intoxicating liquors, nor shall they be in a building which contains a business that sells or dispenses nonintoxicating or intoxicating liquors. The use, occupancy and construction of the building shall conform to the Minnesota State Building Code. The building and method of operation shall comply with M.S. ch. 87A. 1 (5) (6) (7) (8) (9) (10) (12) The building and method of operation shall conform to the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emission into the atmosphere, indoor sound levels, lead containment and outside noise standards. The design and construction of the gun range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the gun range shall be certified by a registered engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine. No ammunition shall be used in the range that exceeds the certified design and construction specifications of the gun range. Firearms shall not be stored on the premises when the range is closed for business, unless they are stored in an acceptable gun safe or other secure locking device. On-site supervision shall be supplied at all times by an adult who is an experienced range operator. The range operator shall be responsible for the conduct of their place of business and the conditions of safety and order in the place of business and on the premises. Each range shall have a clear and concise safety plan. The plan must be signed, published, and reviewed at specific intervals and distributed to all range users to study and use. The range operator shall provide and maintain proof of liability insurance which shall require the insurer notify the city manager in writing of cancellation of the policy, a change in the limit of the policy, and/or a change in policy ownership. Said policy shall be available for inspection by the city manager and/or his/her assigns at all times. 2 (13) (14) (15) (16) (17) On-site instruction shall be given only by firearms instructors certified within the prior five years by an organization or government entity that has been approved by the Minnesota Department of Public Safety. Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and available for public inspection. An outside security plan for the general grounds shall be submitted to the city for review and approval. The transport of firearms on the premises, to the premises, and from the premises shall conform to state law. Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult instructor. In the industrial office park district, retail sales and rental shall be limited to gun -related material and equipment with a maximum display area of 20 percent of the floor area. In multi -tenant buildings, the gun range shall be soundproofed to prevent the sound from being heard by persons in adjoining units. (Ord. No. 527, § 2, 8-22-11) 3 1 CHAPTER 7030 MINNESOTA POLLUTION CONTROL AGENCY NOISE POLLUTION CONTROL GENERALLY 7030.0010 INCORPORATION BY REFERENCE. 7030.0020 DEFINITIONS. 7030.0030 NOISE CONTROL REQUIREMENT. 7030.0040 NOISE STANDARDS. 7030.0050 NOISE AREA CLASSIFICATION. 7030.0060 MEASUREMENT METHODOLOGY. 7030.0070 SOUND ATTENUATION MEASUREMENT METHODOLOGY. 7030.0080 VARIANCE. MOTOR VEHICLE NOISE LIMITS 7030.1000 DEFINITION. 7030.1010 PROHIBITIONS. 7030.1020 SCOPE. 7030.1030 EXCEPTIONS. 7030.1040 NOISE LIMIT FOR VEHICLES OVER 10,000 POUNDS. 7030.1050 MOTOR VEHICLE NOISE LIMITS FOR MOTORCYCLES. 7030.1060 NOISE LIMITS FOR OTHER VEHICLES. GENERALLY 7030.0010 INCORPORATION BY REFERENCE. For the purpose of chapter 7030, American National Standards Institute, Specification for Sound Level Meters, S1.4-1983 is incorporated by reference. This publication is available from the American National Standards Institute, 1430 Broadway, New York, N.Y. 10018 and can be found at: the offices of the Minnesota Pollution Control Agency, 1935 West County Road B-2, Roseville, Minnesota 55113; the Government Documents Section, Room 409, Wilson Library, University of Minnesota, 309 19th Avenue South, Minneapolis, Minnesota 55454; and the State of Minnesota Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. This document is not subject to frequent change. The Federal Highway Administration publication, Sound Procedures for Measuring Highway Noise: Final Report, FHWA-DP-45-1R (August 1981) is incorporated by reference. This publication is available from the United States Department of Transportation, Federal Highway Administration, 1000 North Globe Road, Arlington, Virginia 22201 and can be found at: the offices of the Minnesota Pollution Control Agency, 1935 West County Road B-2, Roseville, Minnesota 55113; the Government Documents Section, Room 409, Wilson Library, University of Minnesota, 309 19th Avenue South, Minneapolis, Minnesota 55454; and the State of Minnesota Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. This document is not subject to frequent change. Copyright ©2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7030.0030 NOISE POLLUTION CONTROL 2 Statutory Authority: MS s 116.07 History: 11 SR 43; 18 SR 614 Published Electronically: December 12, 2003 7030.0020 DEFINITIONS. Subpart 1. Application. The terms used in this chapter have the meanings given them in this part. Subp. 2. A -weighted. "A -weighted" means a specific weighting of the sound pressure level for the purpose of determining the human response to sound. The specific weighting characteristics and tolerances are those given in American National Standards Institute S1.4-1983, section 5.1. Subp. 3. Daytime. "Daytime" means those hours from 7:00 a.m. to 10:00 p.m. Subp. 4. dB(A). "dB(A)" means a unit of sound level expressed in decibels (dB) and A -weighted. Subp. 5. Decibel. "Decibel" means a unit of sound pressure level, abbreviated as dB. Subp. 6. Impulsive noise. "Impulsive noise" means either a single sound pressure peak (with either a rise time less than 200 milliseconds or total duration less than 200 milliseconds) or multiple sound pressure peaks (with either rise times less than 200 milliseconds or total duration less than 200 milliseconds) spaced at least by 200 millisecond pauses. Subp. 7. Li0. "L10" means the sound level, expressed in dB(A), which is exceeded ten percent of the time for a one hour survey, as measured by test procedures approved by the commissioner. Subp. 8. L50. "L50" means the sound level, expressed in dB(A), which is exceeded 50 percent of the time for a one hour survey, as measured by test procedures approved by the commissioner. Subp. 9. Municipality. "Municipality" means a county; a city; a town; a regional planning and development commission established under Minnesota Statutes, chapter 473; the metropolitan council; or other governmental subdivision of the state responsible by law for controlling or restricting land use within its jurisdiction. Subp. 10. Nighttime. "Nighttime" means those hours from 10:00 p.m. to 7:00 a.m. Subp. 11. Person. "Person" means any human being, any municipality or other governmental or political subdivision or other public depai tiiient or agency, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agency, legal entity, other than a court of law, or any legal representative of any of the foregoing, but does not include the agency. Subp. 12. Sound pressure level. "Sound pressure level", in decibels, means 20 times the logarithm to the base 10 of the ratio of the pressure to the reference pressure. The reference pressure shall be 20 micronewtons per square meter. Statutory Authority: MS s 116.07 History: 11 SR 43; L 1987 c 186 s 15; 18 SR 614 Published Electronically: December 12, 2003 7030.0030 NOISE CONTROL REQUIREMENT. No person may violate the standards established in part 7030.0040, unless exempted by Minnesota Statutes, section 116.07, subdivision 2a. Any municipality having authority to regulate land use shall take Copyright ©2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 NOISE POLLUTION CONTROL 7030.0050 all reasonable measures within its jurisdiction to prevent the establishment of land use activities listed in noise area classification (NAC) 1, 2, or 3 in any location where the standards established in part 7030.0040 will be violated immediately upon establishment of the land use. Statutory Authority: MS s 116.07 History: 11 SR 43; 18 SR 614 Published Electronically: December 12, 2003 7030.0040 NOISE STANDARDS. Subpart 1. Scope. These standards describe the limiting levels of sound established on the basis of present knowledge for the preservation of public health and welfare. These standards are consistent with speech, sleep, annoyance, and hearing conservation requirements for receivers within areas grouped according to land activities by the noise area classification (NAC) system established in part 7030.0050. However, these standards do not, by themselves, identify the limiting levels of impulsive noise needed for the preservation of public health and welfare. Noise standards in subpart 2 apply to all sources. Subp. 2. Noise standards. Noise Area Classification Daytime Nighttime L50 L10 L50 L10 1 60 65 50 55 2 65 70 65 70 3 75 80 75 80 Statutory Authority: MS s 116.07 History: 11 SR 43; 18 SR 614 Published Electronically: December 12, 2003 7030.0050 NOISE AREA CLASSIFICATION. Subpart 1. Applicability.The noise area classification is based on the land use activity at the location of the receiver and determines the noise standards applicable to that land use activity unless an exception is applied under subpart 3. Subp. 2. Noise area classifications. The noise area classifications and the activities included in each classification are listed below: Noise Area Classification Land Use Activities 1 Household Units (includes farm houses) Copyright ©2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7030.0050 NOISE POLLUTION CONTROL 4 2 Group quarters Residential hotels Mobile home parks or courts Transient lodging Other residential Motion picture production Medical and other health services Correctional institutions Educational services Religious activities Cultural activities and nature exhibitions Entertainment assembly Camping and picnicking areas (designated) Resorts and group camps Other cultural, entertainment, and recreational activities. Railroad terminals (passenger) Railroad terminals (passenger and freight) Rapid rail transit and street railway passenger terminals Bus passenger terminals (intercity) Bus passenger terminals (local) Bus passenger terminals (intercity and local) Other motor vehicle transportation Airport and flying field terminals (passenger) Airport and flying field terminals (passenger and freight) Marine terminals (passenger) Marine terminals (passenger and freight) Automobile parking Telegraph message centers Transportation services and arrangements Wholesale trade Retail trade — building materials, hardware, and farm equipment Retail trade — general merchandise Retail trade — food Retail trade — automotive, marine craft, aircraft, and accessories Copyright ©2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 5 NOISE POLLUTION CONTROL 7030.0050 3 Retail trade — apparel and accessories Retail trade — furniture, home furnishings, and equipment Retail trade — eating and drinking Other retail trade Finance, insurance, and real estate services Personal services Business services Repair services Legal services Other professional services Contract construction services Governmental services (except correctional institutions) Miscellaneous services (except religious activities) Public assembly (except entertainment assembly and race tracks) Amusements (except fairgrounds and amusement parks) Recreational activities (except designated camping and picnicking areas) Parks. Food and kindred products — manufacturing Textile mill products — manufacturing Apparel and other finished products made from fabrics, leather, and similar materials — manufacturing Lumber and wood products (except furniture) — manufacturing Furniture and fixtures — manufacturing Paper and allied products — manufacturing Printing, publishing, and allied industries Chemicals and allied products — manufacturing Petroleum refining and related industries Rubber and miscellaneous plastic products — manufacturing Stone, clay, and glass products — manufacturing Primary metal industries Fabricated metal products — manufacturing Professional, scientific, and controlling instruments; photographic and optical goods; watches and clocks — manufacturing Miscellaneous manufacturing (except motion picture production) Copyright ©2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7030.0050 NOISE POLLUTION CONTROL 6 Railroad, rapid transit, and street railway transportation (except passenger terminals) Motor vehicle transportation (except passenger terminals) Aircraft transportation (except passenger terminals) Marine craft transportation (except passenger and freight terminals) Highway and street right-of-way Communication (except telegraph message centers) Utilities Other transportation, communication, and utilities (except transportation services and arrangements) Race tracks Fairgrounds and amusement parks Agricultural Agricultural and related activities Forestry activities and related services (including commercial forest land, timber production, and other related activities) Fishing activities and related services Mining activities and related services Other resource production and extraction All other activities not otherwise listed. 4 Undeveloped and unused land area (excluding noncommercial forest development) Noncommercial forest development Water areas Vacant floor area Under construction Other undeveloped land and water areas. Subp. 3. Exceptions. The noise area classification for a land use may be changed in the following ways if the applicable conditions are met. A. The daytime standards for noise area classification 1 shall be applied to noise area classification 1 during the nighttime if the land use activity does not include overnight lodging. B. The standards for a building in a noise area classification 2 shall be applied to a building in a noise area classification 1 if the following conditions are met: (1) the building is constructed in such a way that the exterior to interior sound level attenuation is at least 30 dB(A); (2) the building has year-round climate control; and (3) the building has no areas or accommodations that are intended for outdoor activities. Copyright ©2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7 NOISE POLLUTION CONTROL 7030.0060 C. The standards for a building in a noise area classification 3 a noise area classification 1 if the following conditions are met: (1) the building is constructed in such a way that the attenuation is at least 40 dB(A); (2) the building has year-round climate control; and shall be applied to a building in exterior to interior sound level (3) the building has no areas or accommodations that are D. The standards for a building in a noise area classification 3 a noise area classification 2 if the following conditions are met: (1) the building is constructed in such a way that the attenuation is at least 30 dB(A); (2) the building has year-round climate control; and (3) the building has no areas or accommodations that are Statutory Authority: MS s 116.07 History: 11 SR 43; 18 SR 614 Published Electronically: December 12, 2003 intended for outdoor activities. shall be applied to a building in exterior to interior sound level intended for outdoor activities. 7030.0060 MEASUREMENT METHODOLOGY. Subpart 1. Measurement location. Measurement of sound must be made at or within the applicable NAC at the point of human activity which is nearest to the noise source. All measurements shall be made outdoors. Subp. 2. Equipment specifications. All sound level measuring devices must meet Type 0, I, II, or S specifications under American National Standards Institute S1.4-1983. Subp. 3. Calibration. All sound level measuring devices must, at a minimum, be externally field calibrated before and after monitoring using a calibration device of known frequency and sound pressure level. Subp. 4. Measurement procedures. The following procedures must be used to obtain representative sound level measurements: A. Measurements must be made at least three feet off the ground or surface and away from natural or artificial structures which would prevent an accurate measurement. B. Measurements must be made using the A -weighting and fast response characteristics of the sound measuring device as specified in American National Standards Institute S 1.4-1983. C. Measurements must not be made in sustained winds or in precipitation which results in a difference of less than ten decibels between the background noise level and the noise source being measured. D. Measurements must be made using a microphone which is protected from ambient conditions which would prevent an accurate measurement. Subp. 5. Data documentation. A summary sheet for all sound level measurements shall be completed and signed by the person making the measurements. At a minimum, the summary sheet shall include: Copyright ©2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7030.0080 NOISE POLLUTION CONTROL 8 A. date; B. time; C. location; D. noise source; E. wind speed and direction; F. temperature; G. humidity; H. make, model, and serial number of measuring equipment; I. field calibration results; J. monitored levels; and K. site sketch indicating noise source, measurement location, directions, distances, and obstructions. Statutory Authority: MS s 116.07 History: 11 SR 43; 17 SR 1279; 18 SR 614 Published Electronically: December 12, 2003 7030.0070 SOUND ATTENUATION MEASUREMENT METHODOLOGY. Subpart 1. Purpose. Sound level measurements made for assessing sound attenuation as specified in part 7030.0050, subpart 3, item B, C, or D, shall be made according to the requirements of this part. Subp. 2. Equipment. The equipment shall meet the requirements specified in part 7030.0060, subpart 2. Subp. 3. Calibration. The equipment must meet the calibration requirements specified in part 7030.0060, subpart 3. Subp. 4. Measurement procedure. The measurement procedure described in FHWA-DP-45-1R, section 8 must be used for determination of the sound attenuation. Subp. 5. Equivalent methods. Methods equivalent to those described in subpart 4 may be used provided they are approved by the commissioner of the Minnesota Pollution Control Agency. The commissioner shall approve an alternative method if the commissioner finds that the method will produce representative data and results which are as reliable as the methods specified in subpart 4. Statutory Authority: MS s 116.07 History: 11 SR 43; L 1987 c 186 s 15; 18 SR 614 Published Electronically: December 12, 2003 7030.0080 VARIANCE. If, upon written application of the responsible person, the agency finds that by reason of exceptional circumstances strict conformity with any provisions of any noise rule would cause undue hardship, would be unreasonable, impractical, or not feasible under the circumstances, the agency may permit a variance upon Copyright ©2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 9 NOISE POLLUTION CONTROL 7030.1010 the conditions and within the time limitations as it may prescribe for the prevention, control, or abatement of noise pollution in harmony with the intent of the state and any applicable federal laws. Statutory Authority: MS s 116.07 History: 11 SR 43; 18 SR 614 Published Electronically: December 12, 2003 MOTOR VEHICLE NOISE LIMITS 7030.1000 DEFINITION. "Motor vehicle" means any self-propelled vehicle not operated exclusively upon railroad tracks and any vehicle propelled or drawn by a self-propelled vehicle and includes vehicles known as trackless trolleys which are propelled by electric power obtained from overhead trolley wires but not operated upon rails, except snowmobiles. Statutory Authority: MS s 116.07 History: 18 SR 614 Published Electronically: December 12, 2003 7030.1010 PROHIBITIONS. Subpart 1. Operation of vehicle. No person shall operate either a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 at any time or under any condition of grade, load, acceleration, or deceleration in such a manner as to exceed the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. Subp. 2. Sale of vehicle. No person shall sell or offer for sale a new motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 which when maintained according to the manufacturer's specifications would exceed the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. Subp. 3. Modification of vehicle. No person shall modify a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 in a manner which will amplify or increase the noise emitted by the vehicle, above the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. No person shall operate a motor vehicle so modified. Subp. 4. Sale of parts. No person shall sell or offer for sale replacement or additional parts for a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 which when installed in the vehicle will amplify or increase the noise emitted by the vehicle, above the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. No person shall operate a motor vehicle incorporating such parts. Copyright ©2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7030.1040 NOISE POLLUTION CONTROL 10 Statutory Authority: MS s 116.07 History: L 1987 c 186 s 15; 18 SR 614 Published Electronically: December 12, 2003 7030.1020 SCOPE. This chapter applies to the total noise from a vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 and shall not be construed as limiting or precluding the enforcement of any other provision of law relating to motor vehicle exhaust noise. Statutory Authority: MS s 116.07 History: 18 SR 614 Published Electronically: December 12, 2003 7030.1030 EXCEPTIONS. Vehicles under parts 7030.1050 and 7030.1060 are allowed to exceed the noise limits contained herein when performing acceleration maneuvers for safety purposes. Statutory Authority: MS s 116.07 History: 18 SR 614 Published Electronically: December 12, 2003 7030.1040 NOISE LIMIT FOR VEHICLES OVER 10,000 POUNDS. Motor vehicle noise limits for vehicles with a manufacturer's gross vehicle weight rating of more than 10,000 pounds and any combination of vehicles towed by such motor vehicle. Sound Level in dBA 100 90 80 10 60 2 3 , 5 -o 9002 .a arc Faet From the Center of the. Lorre of Trove,: 1001000 A. Speed limits greater than 35 mph. B. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines). For stationary run-up tests on all -paved surfaces, add 2 dBA. Copyright ©2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. moo: �.--=--- MEM _ u_Iirryr-1ai simimma MOIR 2 3 , 5 -o 9002 .a arc Faet From the Center of the. Lorre of Trove,: 1001000 A. Speed limits greater than 35 mph. B. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines). For stationary run-up tests on all -paved surfaces, add 2 dBA. Copyright ©2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 11 NOISE POLLUTION CONTROL 7030.1060 C. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines), for vehicles manufactured on or after January 1, 1978. For stationary run-up tests on all -paved surfaces, add 2 dBA. D. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines), for vehicles manufactured on or after January 1, 1982. For stationary run-up tests on all -paved surfaces, add 2 dBA. Statutory Authority: MS s 116.07 History: 18 SR 614 Published Electronically: December 12, 2003 7030.1050 MOTOR VEHICLE NOISE LIMITS FOR MOTORCYCLES. 1975. Sound Level in dBA 100 90 80 70 60 0 2 3 4 56789100 2 3 4 567891000 Distance in Feet From the Center of the Lane of Travel A. For vehicles manufactured before January 1, 1975. B. Speed limits greater than 35 mph for vehicles manufactured on or after January 1, 1975. C. Speed limits equal to or less than 35 mph for vehicles manufactured on or after January 1, Statutory Authority: MS s 116.07 History: 18 SR 614 Published Electronically: December 12, 2003 7030.1060 NOISE LIMITS FOR OTHER VEHICLES. Motor vehicle noise limits for any other motor vehicle not included under parts 7030.1040 and 7030.1050 and any combination of vehicles towed by such motor vehicle. Copyright ©2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 1 A 1 1 I B ._v1 1 9 0 2 3 4 56789100 2 3 4 567891000 Distance in Feet From the Center of the Lane of Travel A. For vehicles manufactured before January 1, 1975. B. Speed limits greater than 35 mph for vehicles manufactured on or after January 1, 1975. C. Speed limits equal to or less than 35 mph for vehicles manufactured on or after January 1, Statutory Authority: MS s 116.07 History: 18 SR 614 Published Electronically: December 12, 2003 7030.1060 NOISE LIMITS FOR OTHER VEHICLES. Motor vehicle noise limits for any other motor vehicle not included under parts 7030.1040 and 7030.1050 and any combination of vehicles towed by such motor vehicle. Copyright ©2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7030.1060 NOISE POLLUTION CONTROL 12 Sound Level in dBA 100 90 111 j1111 80 NN.. CCC.r.' 70 ME!!! • M.EHE 60 !IIII. -MINIMMIFMME- �I1=W . 10 2 3 4 56789100 2 3 4 567891000 Distance .anter n Feet From -tha.._ Lane of Travel Statutory Authority: MS s 116.07 History: 18 SR 614 Published Electronically: December 12, 2003 Copyright ©2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. ivater- TNE 1INTN►LACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES July 8, 2015 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:02 p.m. Present: Chairman Kocon, Commissioners Collins, Fletcher, Hade, Hansen, Kelly, Lauer, Middleton, Siess, Council Representative Junker Absent: None Staff: City Planner Wittman, Community Development Director Turnblad APPROVAL OF MINUTES Possible approval of June 10, 2015 meeting minutes Commissioner Hansen pointed out the minutes should be corrected to reflect that Chairman Kocon called the meeting to order. Motion by Commissioner Hansen, seconded by Commissioner Fletcher, to approve the June 10, 2015 meeting minutes as corrected. All in favor, 9-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2015-15. Special Use Permit and associated variances for Minnesota Shooting Academy to redesign the existing building into an amusement and recreational establishment, located at 2159 Curve Crest Boulevard. Mark Kamas, MN Shooting Academy, applicant and Paul Simonet, owner. City Planner Wittman explained that the applicant is requesting a Special Use Permit for an indoor target practice range to be located in the existing Simonet Furniture building. The use would require: 1) a 4,040 square foot variance to the maximum 3,000 square feet allowed for a Commercial Recreational Establishment; 2) a 26 -stall parking variance; and 3) an 18% variance to the 60% maximum impervious lot coverage allowed by City Code. In addition to the specially -permitted use, MN Shooting Academy is proposing retail sales, a lounge and vending area, warehouse space and space for administrative offices, which are all permitted uses. The application included information about sound baffling and test records from similar facilities which indicate decibel levels will be compliant with City noise ordinance provisions. Staff recommends approval of the 4,040 square foot variance, as practical difficulty and uniqueness of circumstance have been established, and approval of the Special Use Permit with conditions. Planning Commission July 8, 2015 Chairman Kocon asked what recourse the City has if dba thresholds are exceeded. City Planner Wittman said the establishment would be under noise ordinance regulations as well as State statute provisions allowing for temporary closures and injunctions against the business if it violates noise standards. Chairman Kocon asked what kind of maintenance is done on a permeable surface. City Planner Wittman said an underground tank system needs to be vacuumed out. Barry Schalkle, representing the applicant, noted there are very strict OSHA requirements for handling lead. When air goes out of the building it is filtered, so it is cleaner than when it is drawn in. Regarding the proposed conditions, 14 lanes are now proposed, rather than 12; the additional 2 lanes will be used for law enforcement. Square footage would remain the same. Roger Tomten, Archnet, project architect, addressed the proposed condition about parking. The majority of parking stalls required relate to the retail component of the space. Recognizing this use will be less popular than other types of retail uses, they would like to use the "proof of need for parking" approach, using the existing spaces and agreeing to provide more parking at a later date if it is warranted. To address sound concerns, the building has 12" thick masonry walls. A concrete box will be constructed within the building with 12" thick concrete walls with a concrete cap. The sound will be encapsulated within the first shell of concrete. Regarding the proposed condition about the trail easement, Mr. Schalkle noted if they are the only business on the block, it doesn't make sense. City Planner Wittman replied that the easement would be on the Washington Avenue side to install future pedestrian improvements, in conjunction with the City's Master Trail Plan. Commissioner Fletcher asked about public safety. Mark Kamas, applicant, replied that State safety laws govern handling of firearms outside the building. Good business practices must be used such as not bringing in uncased weapons. There will be a safety officer present at all times to ensure compliance. Commissioner Collins asked about hours of operation. Mr. Schalkle replied the hours would be Monday through Friday 10 a.m. - 9 p.m., closing earlier on Saturday and Sunday. Commissioner Lauer asked how the law enforcement lanes will be allocated. Mr. Kamas replied they are working with other agencies to design the law enforcement lanes. If not used by law enforcement, those lanes would be open to members. Commissioner Siess asked if this is a common type of location for a shooting range. Mr. Kamas replied that usually, you see ranges in industrial parks, but they are trying to be more mainstream to be more like other entertainment/sports establishments. Commissioner Middleton asked what percentage would be used by members versus law enforcement. Mr. Kamas replied that police usually shoot on off -hours, either early in the morning or late at night. There would be special hours for police. There is a lot of interest because the law enforcement agencies have a hard time finding places to shoot. Page 2 of 18 Planning Commission July 8, 2015 Commissioner Fletcher asked if there are restrictions on type of firearms that can be discharged in the facility. Mr. Kamas replied it is more the type of ammunition than the firearms themselves. Mr. Schalkle noted that education is an important part of the proposal. In addition to firearms safety, there will be safety classes focusing on general home safety and protection when in public. Commissioner Fletcher asked about compliance requirements for federal regulations. Mr. Kamas replied the facility must be evaluated by OSHA, EPA and ATF regularly and in random checks. Commissioner Collins asked if only one set of doors can be open at a time. Mr. Kamas replied that is correct. Chairman Kocon opened the public hearing. Diane Dietz, 2221 Oak Ridge Road, Stillwater, expressed concerns about adding to the existing noise from traffic. The establishment will bring a potential nuisance to the area because there is no other shooting range on this side of the metro area. If the business is not viable, what will happen to the building? She also is concerned about its impacts on nearby Stillwater Veterinary Clinic and Stillwater Medical Group. She is concerned about the proposed lounge and whether it will sell liquor, about the loss of green space and devaluation of property. She urged the Commission to deny the proposal. Brian Naughton, 1457 Case Avenue, St. Paul, who is in the medical field with clients throughout the metro area, spoke to some of the economic and societal benefits of a shooting range. Shooting sports retailers provide a variety of firearms designed for all shooters. Compared to skiing, biking and skateboarding, shooting is not limited to the physically trained athlete. Safety training and education make shooting sports quite safe. There is a much greater risk from motor vehicles. The Minnesota Shooting Academy has conveyed its long range plans for a program to ensure all members and guests are trained in safe gun handling. Neighborhood and community relations will also be part of their long range plan. He presented figures confirming the economic benefits of shooting ranges. He is VP of the Minnesota Second Amendment Association. He urged the Commission to approve the proposal. David Kalinoff, Woodbury, said he grew up in Stillwater. He is a full time police officer and an avid participant in shooting sports. An indoor range is a safe and clean place to shoot. He has taught his wife and children firearms safety. The educational benefits for the public are great. The classes also teach legal concepts involved in handling firearms. George Riley, Upper 36th Street North, Oakdale, spoke in support of Mr. Schalkle and Mr. Kamas as ethical longstanding community service leaders and knowledgeable instructors with a wide range of experience. He feels the proposal is well thought-out. Carrie Brockman, 5995 Oren Avenue, Stillwater, noted her CPA office has had a number of clients express concerns to her that the proposal will detrimentally affect their businesses. She expressed concerns about noise from air blowers located on the roof, how emergency personnel would get into the facility, and how much more traffic will be generated. Traffic on that corner is heavy already. Don Slinger, 4620 Lake Elmo Avenue North, Lake Elmo, retired training and planning coordinator for the DNR, stated it is hard to find individuals qualified to work in the conservation field who are knowledgeable about firearms. It is difficult to find ranges where re -certification can be obtained. Page 3 of 18 Planning Commission July 8, 2015 Brian Simonet, 79 Maryknoll Drive, Stillwater, one of the many owners of Simonet Furniture, refuted a statement made previously about the relationship between the ownership of Simonet Furniture and the current lessee. Tiffany Britz, 13991 60th Street Court North, Stillwater, a certified NRA firearms instructor, said having an indoor range in Stillwater would be great, but she feels it is not a good location due to the noise and traffic it would generate. There will be a woman -owned firearms range located in the area soon that is in the final stages, in which she has an interest. Paul Simonet, owner of Simonet Furniture and Carpet Company, stated they have been trying to sell the building since 2009 when the store went out of business. After lowering the price in the last year and a half, they have finally seen some interest. The furniture store never had a problem with fire trucks getting into the parking lot. He has been hearing a lot of misinformation. He owns a gun and goes to shooting ranges. They teach a lot about safety. As for traffic, signal lights are needed at that intersection. Traffic has always been a problem there. Greg Clark, 3701 Oakgreen Avenue, Baytown, asked about plans for the rest of the building, if there are sprinklers for the firing range, and if the ventilation system will be on the ground or the rooftop. The unit is about the size of a semi trailer and runs at 80 DBA. If more lanes are added, and another ventilation unit would be added, where would it be installed? Chairman Kocon closed the public hearing. City Planner Wittman replied that the exchange system would be required to follow the noise ordinance, 70 dba from 8:00 a.m. - 10:00 p.m., 65 dba at night from 10:00 p.m. - 8:00 a.m. A larger range would require an amendment to the Special Use Permit. If the range were doubled in size, another variance would be required as well. Everyone within 350 feet would be noticed. She believes the building code would require sprinklers. The applicants would work with the Building Department to ensure compliant fire suppression. Commissioner Kelly stated he has a conflict and won't participate in the discussion or vote. Chairman Kocon said he is not a big gun fan, but the discussion is about meeting ordinances and restrictions. It's a business decision. He views the proposal as viable with the 11 stated conditions. Commissioner Fletcher said she is not against guns but other cities have had significant discussion before approving indoor shooting ranges. She is concerned there is not an ordinance in place to specifically address indoor shooting ranges. Because there is not a restriction on the type of firearms used, she interprets to mean this facility will allow high powered automatic weapons. She feels there should be more discussion as a City before allowing the use. Commissioner Collins stated he lives just a couple blocks away from the site. He doesn't believe there will be an adverse effect on traffic. He does not own a gun but went to a gun range the other day to familiarize himself. It wasn't as loud as he thought it would be, inside or outside. The proprietors have not had an incident since it opened in 2003. He is passionate about education and is in favor of firearms education. This facility could be a good thing for the community Commissioner Lauer stated that, as Chairman Kocon said, it is a business decision. If guns were taken out of the equation, the public safety aspect probably turns in the other direction when considering the Page 4 of 18 Planning Commission July 8, 2015 education. Those who shoot at a gun range are responsible gun owners. Noise is the biggest issue for him. It seems as if it can be addressed if requirements are not met. He is comfortable with the proposal. Commissioner Siess stated she has gun safety certification but feels this is not a proper location for this type of business. She feels it will alter the essential character of the neighborhood and she cannot support the proposal. Commissioner Middleton commented he too is concerned about the noise which could be very unnerving. He cannot support the request. Commissioner Hansen noted he is generally in favor of granting the request but he would not feel comfortable letting the applicant do parking mitigation later. It sounds as if parking should be addressed now. Chairman Kocon reminded the Commission that he too would like the parking addressed now. Commissioner Hansen pointed out the future comprehensive plan includes retail use for this area, but there are many other uses. There are other industrially zoned properties that are closer to residential neighborhoods with similar traffic issues. City Planner Wittman confirmed there is quite a mix of uses, for instance a clinic in an industrial zone, retail in office zone. It has a future land use designation of commercial. Motion by Chairman Kocon, seconded by Commissioner Hade, to approve Case No. 2015-15, a Special Use Permit and a 4,040 square foot variance for Minnesota Shooting Academy, located at 2159 Curve Crest Boulevard, with the following conditions: a. No greater than 14 firing lanes shall be permitted. A minimum of five of the firing lanes shall be made available for rental to community service personnel and community education activities. b. The establishment must have at least one adult employee or adult supervisory volunteer in the premises during all hours of operation. c. Soundproofing specifications shall be submitted with the building permit application. d. The establishment shall install appropriate and sufficient soundproofing to be in compliance with City Code Section 38-3, Noise Control and Regulation, for sound levels outside of the establishment. e. A total of 26 parking spaces shall be created onsite. A permeable surface parking area and suitable base found satisfactory to the City Engineer shall be utilized for all new parking and drive areas. f. A grading plan shall be reviewed by the City engineering Department and a Brown's Creek Watershed District permit shall be obtained prior to the installation of the additional parking spaces. g. Upon the sale to Minnesota Shooting Academy and prior to the release of necessary building permits, a 15' trail easement shall be dedicated to the City along the eastern property boundary for future trail connection between Curve Crest Boulevard and Highway 36. h. Conditions of a HPC -issued Design Permit shall be incorporated into this Special Use Permit by reference. i. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. j. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. k. Quarterly maintenance of the permeable pavement and documentation of maintenance shall be submitted to the City quarterly. Motion passed 5-3, with Commissioners Fletcher, Middleton and Siess voting nay and Commissioner Kelly abstaining. Page 5 of 18 Planning Commission July 8, 2015 Asked by Commissioner Hade, City Planner Wittman acknowledged that any interested party or Commissioner may appeal the decision to the City Council. Case No. 2015-16. Special Use Permit for construction of a detached garage and accessory dwelling unit, located at 912 5th Street South. Eileen Gibson and Larry Wheeler, owners. City Planner Wittman explained that the applicants have applied for a Special Use Permit for an Accessory Dwelling Unit to be located above a two -car garage that they plan to build. The property owner adjacent who shares the driveway has expressed concerns about adding a dwelling unit, the potential for access to be blocked during or after construction, and potential drainage issues. Staff recommends approval with conditions which address the neighbor's concerns. Eileen Gibson and Larry Wheeler, applicants, stated they are custom home builders who specialize in traditional homes. They want to adhere to the requirements, do a good job and enhance the property. The home is currently vacant. Commissioner Lauer asked if the applicants have spoken with the adjacent landowner. Mr. Wheeler said he was not part of the easement agreement 34 years ago. He would prefer to separate the driveways if that is the desire of the Commission and the neighbor. Chairman Kocon opened the public hearing. David Harrison, 920 5th Street South, who shares the driveway with the applicant, stated he sees the carriage house as a rental property with double the traffic and the people. The driveway has a 10% grade so the water will erode it more. It gets very icy in the winter. Chairman Kocon closed the public hearing. Commissioner Hansen pointed out it is refreshing to address a Special Use Permit that doesn't require a variance. He supports the proposal. Commissioner Middleton said he has a minor concern about the neighbor's conflict, but it appears Mr. Wheeler is amenable to resolving it. He supports the request. Commissioner Collins noted that the site plan looks good. He favors approval. Motion by Commissioner Collins, seconded by Commissioner Middleton, to approve Case No. 2015-16, a Special Use Permit for construction of a detached garage and accessory dwelling unit, located at 912 5th Street South, with the following conditions: a. The shared driveway shall not be blocked at any point during construction. b. The shared driveway shall be kept free and clear of debris during construction. c. A grading plan shall be submitted and approved by the City Engineering Department and a grading escrow, in an amount deemed sufficient by the Engineering Department for the new construction shall be submitted. d. To the greatest extent possible, drainage on the south side of the garage shall be retained onsite. e. The maximum size of the Accessory Dwelling Unit shall be 800 square feet. f. A Design Permit shall be obtained from the Heritage Preservation Commission prior to the submittal of a building permit. Page 6 of 18 PLANNING COMMISSION MEETING DATE: July 8, 2015 CASE NO.: 2015-15 APPLICANT: Paul Simonet, property owner, representing MN Shooting Academy REQUEST: Request for a Special Use Permit and associated Variances for a Commercial Amusement and Recreational Establishment to be located in the existing structure located at 2159 Curve Crest Boulevard ZONING: BP -O: Business Park Office COMP PLAN DISTRICT: Commercial PREPARED BY: Abbi Jo Wittman, City Planner REQUEST The applicant is requesting a Special Use Permit for an Amusement and Recreational Establishment to be located in the existing Simonet Furniture building at 2159 Curve Crest Boulevard. The use would be an indoor target practice range and would necessitate the following: 1. A 4,040 square foot variances to City Code Section 31-515.1.1 provision the Commercial Recreational Establishment may occupy no more than 3,000 square feet; and 2. A 26 parking stall variance to City Code Section 31-510.1(c), Number of parking spaces required; or 3. An 18% variance to the 60% maximum (impervious) lot coverage requirement as identified in City Code Section 31-320(c). In addition to the specially -permitted use, MN Shooting Academy is proposing retail sales, a lounge and vending area, warehousing space as well as space for administrative offices. These uses are permitted by right. APPLICABLE REGULATIONS AND REGULATIONS Section 31-325 indicates Amusement and Recreational Establishments (including other social, sport or recreational centers) in the Business Park - Office District require a Special Use Permit. The Code further indicates the use must conform to the provisions found in Section 31-515.1: 1. The establishment may occupy no more than 3,000 square feet. 2. (The establishment must operate in compliance with the noise standards as specified in City Code Chapter 38, Section 38-3. (a) The establishment shall be considered a "commercial" use pursuant to City Code Chapter 38, Section 38-3, Subdivision 4. (b) Not only shall the establishment meet the specified noise standards at its respective property lines, but the noise standards shall also apply to receiving uses in abutting tenant spaces within a multiple tenant, if the establishment is located in such a building. 3. Prior to issuance of a Certificate of Occupancy for the establishment, a qualified professional shall certify that the establishment will, under normal operating conditions, meet the noise standards specified in City Code Chapter 38, Section 38-3. 4. The amusement or recreational activities offered by the establishment must operate exclusively indoors. 5. The establishment must have at least one adult employee or adult supervisory volunteer in the premises during all hours of operation. Section 31-208, Variances, indicates the Planning Commission may grant a variance, but only when all of the following conditions are found: 1. The variance is in harmony with the general purposes and intent of this chapter. o The general purpose and intent of the Zoning Code is to regulate and restrict use of land for the protection of public health, safety and welfare. • The purpose of Section 31-325 limitations to the maximum size of the establishment is to ensure the development of the office park into office space. • The purpose of Section 31-510 is to ensure that a property provides sufficient on-site parking spaces to accommodate its needs and not create a burden on the neighborhood through on -street parking. • The purpose of Section 31-320(c) is to ensure adequate drainage and open space area is preserved. o The general purpose and intent of the Zoning Code may be met if certain conditions of approval are met. 2. The variance is consistent with the comprehensive plan. No application elements are contradictory to the Comprehensive Plan. 3. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. "Practical difficulties," as use in connection with the granting of a variance, means that all of the following must be found to apply: • The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not CPC 7/8/2015 (Case No. 2015-15) 2159 Curve Crest Boulevard Page 2 of 6 permitted by other official controls; the use of the property for a Commercial Recreation and Amusement Establishment, with appropriate parking and onsite infiltration, is reasonable. • The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and The unique circumstance of the property are the boundaries of the property, the size of the structure on the property and the existing parking and drive areas. a. The proposed 4,040 square foot variance for the Recreational and Amusement Establishment helps support the business's desire to have 42% of the 12 lanes dedicated to be reserved for community service endeavors. The uniqueness exists in this large space can accommodate for the increase Establishment area, providing a service to local law enforcement practice and community safety education, wholly within the existing structure's footprint. b. The property owner is not able to create additional parking next to this existing parking and drive area without a reduction in open space and infringement on the neighboring properties. • The variance, if granted, will not alter the essential character of the locality. The essential character of the neighborhood will not be altered with the additional 4,040 square feet of Establishment space, nor the additional parking area. Section 31-208 further indicates: • Economic considerations alone do not constitute practical difficulties. • A previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits. Section 31-207 establishes the review standards for Special Use Permits: 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. The proposed use is allowed within the subject zoning district, if it is found compatible with surrounding uses. In review of the request with City staff, the following item was determined to be an item of concern: • Parking: The property currently contains 49 parking spaces but is required to meet 75 parking spaces onsite. The applicant has shown proof of parking for an additional 28 spaces. However, the installation of this parking would necessitate a variance to the maximum impervious surface coverage requirement. o As there is no off-street parking in this area, the installation of 26 parking spaces should be required. If installed with a permeable surfacing CPC 7/8/2015 (Case No. 2015-15) 2159 Curve Crest Boulevard Page 3 of 6 material, then the need for a variance to the impervious surface coverage will not be necessary. • Impervious Surface Coverage and Drainage: The applicant is not proposing to change the landscaping, impervious surface coverage or drainage to the site. However, if the applicant was to increase the parking area, the surface coverage would necessitate a variance. o To offset the increase in impervious surface coverage, City Engineering Department staff indicate the new parking area could be constructed with permeable asphalt. This would maintain the required impervious surface coverage, allowing for all parking to be met onsite and no variance would be required for the parking. • Noise: As indicated in the code, the specified noise standards must be met at its respective property lines, but the noise standards shall also apply to receiving uses in abutting tenant spaces within a multiple tenant, if the establishment is located in such a building. While no specifications sheet for the exact construction has been submitted, the proposed indoor range will be a vendor - designed system that is constructed by Action Target. The system will include wall and ceiling baffles (which will include acoustics within them), sound abatement within the firing area to reduce echo as well as a ballistic trap to catch the bullets. o The applicant has submitted sound inspection test records from three Action Target designed and constructed facilities which indicate decibel noise levels on the property, outside the building and on adjacent parcels to be meet the threshold of the City of Stillwater's maximum decibels of 70 db during the day and 65 db at night. • Exterior changes: Section 31-319 of the Stillwater City Code requires that the Heritage Preservation Commission (HPC) conduct a design review on exterior changes, signage and waste receptacle. The applicant is aware exterior changes to the structure, including new exterior signage, will be required to obtain a Design Permit prior to the issuance of applicable Sign Permits. Comprehensive Plan Chapter 7, Local Economy, indicates a program to "encourage a mix of employment...and retail and service activities in the West Business Park area." The proposed uses are not contradictory to the Comprehensive Plan. This use is consistent with the Future Land Use Map identifying this property as having commercial use in 2030. Any additional conditions necessary for the public interest have been imposed or use and/or structure will not constitute a nuisance or be detrimental to the public welfare of the community. CPC 7/8/2015 (Case No. 2015-15) 2159 Curve Crest Boulevard Page 4 of 6 The proposed Commercial Recreational and Amusement Establishment will not be nuisance or be detrimental to the public welfare of the community if conditions addressing the concerns, above, are met. ALTERNATIVES AND RECOMMENDATION The Commission has the following options: 1. Variances a. Approve, with or without conditions, a 4,040 square foot variances to City Code Section 31-515.1.1 provision the Commercial Recreational Establishment, a 26 parking stall variance to City Code Section 31-510.1(c), Number of parking spaces required and an 18% variance to the 60% maximum (impervious) lot coverage requirement as identified in City Code Section 31-320(c). a. Determine any or all of the proposed variances have not established practical difficulty and deny the variance. 2. Special Use Permit a. Approve the Special Use Permits with or without conditions. If the Commission would like to approve the Case No. 2015-15 with conditions, staff would recommend the following: i. No greater than 12 firing lanes shall be permitted. Five of the firing lanes shall be made available for rental to community service personnel and community education activities. ii. The establishment must have at least one adult employee or adult supervisory volunteer in the premises during all hours of operation. iii. Soundproofing specifications shall be submitted with the building permit application. iv. The Establishment shall install appropriate and sufficient soundproofing to be in compliance with City Code Section 38-3, Noise Control and Regulation, for sound levels outside of the establishment. v. A total of 26 parking spaces shall be created onsite. A permeable surfaceparking area and suitable base found satisfactory to the City Engineer shall be utilized for all new parking and drive areas. vi. A grading plan shall be reviewed by the City Engineering Department and a Brown's Creek Watershed District permit shall be obtained prior to the installation of the additional parking spaces. vii. Upon the sale to MN Shooting Academy and prior to the release of necessary building permits, a 15' trail easement shall be dedicated CPC 7/8/2015 (Case No. 2015-15) 2159 Curve Crest Boulevard Page 5 of 6 to the City of Stillwater along the eastern property boundary for future trail connection between Curve Crest Boulevard and Highway 36. viii. Conditions of a HPC issued Design Permit shall be incorporated into this Special Use Permit by reference. ix. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. x. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. b. Determine that the proposed commercial Recreational and Amusement Establishment is not consistent with the Special Use Permit provisions or the Comprehensive Plan and deny the Special Use Permit. c. Table the application requesting more information be brought back before the Commission at their August 12, 2015 meeting. Staff recommends the Commission move to grant a 4,040 square foot variance to the 3,000 square foot maximum provision of City Code Section 31-515.1.1 as practical difficulty has been established and move to approve the Special Use Permit for the Commercial and Recreational Establishment to be located at 2159 Curve Crest Boulevard. ATTACHMENTS Site Location Map Narrative Request (2 pages) Plan set (3 pages) Ballistic Walls and Baffles Specifications (5 pages) Noise Exposure Assessment & Abatement Strategies Narrative (1 page) Safety Baffle Cutsheet (2 pages) Wall Baffle Cutsheet (2 pages) Action Target Sound Inspection Reports (3 pages) CPC 7/8/2015 (Case No. 2015-15) 2159 Curve Crest Boulevard Page 6 of 6 "1,631" �_ lCi � *v" " � 9440 1401, 1420 ah r T ..."\--.„. I lwa t er ....,„„ \ _, 1 J 1 s ` Y'r��a ` The Birthplace of Minnesota N E 2159 Curve Crest Boulevard 1150 +_� - lir Jam'. _ 4/./ 1500 Subject Proeprty Parcel Boundaries ...'" Municipal Boundary ,1674 , O a. 55 ��aA" 1732Q CO o i �"°l • e 44/ .A j� a 1754 2020 0 180 360 720 Feet 54.'$'" ,' s �° �" . , in251101 q a , 141 i1 ^1p t i ea a 4 General Site Location CURVE CREST BOUL YARD —•k m . -i 41 AA ,, Bat B9 912;n;= ,� e. .R ,� - _ -. aA"g, '' ws :. a - � ,I - • e•Y PHI I �a��� 4 4 ya �� dial 2225 — 2 159= -• �. 1 �� 11 ° - 00 0 � j� m • �' VD C* s��- 14' 1 � a' 4J�, -10-1 y AAar - 184 ia a a p ,a,si4 "Ia: _ , _ 2000 ,* — 4 _ 21,00 11 TOWER DRIVE o ..1 1 OC ° ®I 1 V ® . �i A♦.. • �,: ► Id 1,-I 901 i - .. ; ,4 55 2251 a .194, i• 1..... La ._ _ * •) 4 r x _ .� _ ....1 ._+� %s,.. - 1986 , . •'i1 :� Stillwater Planning Commission Our proposal is to retro -fit the old Simonets Furniture building into an outdoor sporting goods retailer and range similar to (Cabela's and Gander Mountain) the building is approximately 26,000 square feet. It is located on the corner of Washington Avenue. The building will include approximately 7500 sq feet of retail space which will include (sales counter, display cases, waiting lounges, commercial sales area) The first level will also host restrooms, lounge, training rooms and 2 offices, gunsmith room and warehouse area. The south side of the building would include a two range bays will be divided up into an public range with 7 state of the art shooting lanes, and a separate 6 lanes for use of private members and law enforcement. The actual shooting range length would be 75 feet. There would also be a bullet trap area, The Rubber Berm Trap's design allows for collection of spent rounds for salvage or recycling. The trap may be cleaned at anytime and requires no rear access for cleaning or service. The trap typically requires cleaning between 80,000 to 100,000 spent rounds per lane. Exceeding the recommended cleaning time can result in excessive bullet fragmentation and adhesion. The range walls would be made of 8 -inch thick solid concrete. The ceiling would have AR300 steel baffles that act as a ceiling barrier and sound dampening. The bullet trap and firing range components would be constructed by Action Target, a national fabricator of law enforcement grade firing ranges. The range area is required to be constructed in accordance with federal, state and local building codes. Recycling happening in two steps; the bass cartridges will be recycled by Metro Metals Recycling in St Paul, MN and the spent lead will be recycled by Metro Metals Recycling, Eau Claire, WI Training will be a large part of the day to day operations. With over 1 million firearms sold in 2014, we would like to ensure the citizens that live in and around the twin cities as well as western Wisconsin have the best possible training available to them. Guardian Tactical Solutions will head all our training classes. Our classes range from introductory to firearms, basic firearms course and higher level conceal and carry courses. As of today we have 10 NRA certified instructors. There will be a training room and range times set aside for Law Enforcement qualifications and training. Sound abatement is a critical concern of the comfort level of our customer both inside and outside the range. The applicant assured city staff the building materials would not allow audible noises to be heard from adjacent businesses. The applicant will be including additional sound proofing measures so the decibel level would be reduced to less than that of a passing vehicle to the while standing in the parking lot. We do this thought construction of the range wall leaving a sound barrier between the existing building wall and the internal range walls. We will also using sound proofing wall panels and ceiling panels. Mark Kamas MN Shooting Academy MN Shooting Academy June 17, 2015 Project Narrative Request for Variance Special Use Permit Project Use: MN Shooting Academy, LLC proposes to purchase the existing 27,000 sf 1 -story Type II -B (non-combustible sprinklered) building located on Curve Crest Boulevard. No new exterior modifications or additions are proposed. Planned internal remodeling shall be for purposes of providing a practice target range and associated retail and back -of -house functions. As per requirements for request for a variance to the Special Use Permit (City Code Section 31- 515.1 Amusement and recreational establishments, non-compliant item 1- limit of 3,000 sf, compliant with items 2 through 5), we have noted the following: 1. The variance is in harmony with the general purposes and intent of this chapter. (It is understood that an indoor target practice range is an allowed use under Commercial Entertainment). Recreational sport shooting, both individually and league. 2. The variance is consistent with the comprehensive plan. (It is understood that this use is consistent with the comprehensive plan for BP -O district). 3. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. "Practical difficulties," as used in connection with the granting of a variance, means that all of the following must be found to apply. a. The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls. (MN Shooting Academy proposed square footage for the indoor gun range is 7,000 sf; however, local zoning only permits 3,000 sf for commercial entertainment use. Our square footage is greater than allowed for the following reasons: i. The entertainment area proper is considered to be from the staging area to the firing line; all human activity is prohibited forward of the firing line. ii. The shooting gallery is divided into 12 lanes; 5 of these lanes (Approximate 7,000 square footage) shall be reserved at specified times and dates for community service, not commercial entertainment. Community services could include law enforcement practice and community safety education. b. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner, and (N/A, The plight of the circumstances is related to the use of the property, not circumstances unique to the property). c. The variance, if granted, will not alter the essential character of the neighborhood. (The proposed remodel/use is internal only. Additionally, the proposed gun range use is an accessory use, as it only occupies approximately of the total building area). MN Shooting Academy June 17, 2015 Narrative for required parking Project Use: MN Shooting Academy proposes to purchase the existing 27,000 sf 1 -story Type II- B (non-combustible sprinklered) building located on Curve Crest Boulevard. Planned internal remodeling shall be for purposes of providing a practice target range and associated retail and back -of -house functions. MN Shooting Academy proposes no parking lot expansion or remodeling to the existing parking lot. Our experience has shown that the existing 49 parking spaces will be more than adequate to meet our customers' needs. It is not our desire or our intent to under -park this facility. We have enclosed a check for $525 should the planning commission determine additional parking be installed. Please see sheet T1 for graphic analysis of parking requirements (as per city off- street parking ordinance 31-510). Should the planning commission determine that additional parking must be installed, a variance will be required for green space. Providing 77 stalls will result in an overall green space of 22% (less than 40% required for this district). The check submitted could be used for a variance for either parking stall reduction or green space reduction. 7 PROJECT DIRECTORY OWNER XXX XXX XXX CONTACT: XXX PHONE: XXX CELL: XXX EMAIL: XXX CONTRACTOR: xxx XXX XXX CONTACT: XXX PHONE: XXX CELL: XXX FAX: XXX EMAIL: XXX ARCHITECT ARCHNET INC. 333 NORTH MAIN STREET SUITE 201 STILLWATER, MN 55082 CONTACT: MICHAEL F. DIEM PHONE: 65 I -430-0606 CELL: 65 I -271-7289 FAX: 65 I -430-24 14 EMAIL: mike@archnetusa.com STRUCTURAL ENGINEER DUFFY ENGINEERING 350 HIGHWAY 10 SOUTH ST. CLOUD, MINNESOTA 56304 CONTACT: RYAN SEAVERT 0: (320) 259-6575 F: (320) 259-6991 EMAIL: SeavertR@DuffyEng.com WEBSITE: DUFFYENG.COM LOCATION MAP Curve Crest Blvd Fob Target ei Curve Cre O-215g Curve Crest Blvd SITE Abrahamson Nurseries Lifl Bridge • Bering Company Tower Dr VII Fror is 11 Y 6.001 St 91 DRAWING INDEX SHEET# SHEET NAME GENERAL TO TITLE SKEET ARCHITECTURAL D I DEMO PLAN A1.0 FLOOR PLAN * SCHEDULES STRUCTURAL XXX XXX MN SHOOTING ACADEMY 2159 Curve Crest Boulevard, Stillwater, MN .n-0- 1117 CURVE CREST BLVD. 13 13 21 I I RETAIL SPACE LOUNGE VENDING '5' OCCUPANCY GUN RANGE 7,500 SQ.FT. I PARKING STALLS PER 200 = 38 740 SQ.FT. I PARKING STALLS PER 200 = 4 7,040 SQ.FT. 12 SHOOTERS AND 6 INSTRUCTORS = 18 WAREHOUSE / STORAGE 6,570 SQ.FT. I PARKING STALLS PER 1000 = 7 EMPLOYEES ONLY I ,924 SQ.FT. 8 EMPLOYEES TOTAL PARKING STALLS REQUIRED = 75 26,700 SQ. FT. 49 EXISTING PARKING STALLS + 28 PROOF OF PARKING STALLS = 77 PARKING STALLS 23 93' - 2" w z 0 z_ I � 27 NOTE SITE PLAN IS FOR REFERENCE ONLY, ALL EXISTING SITE CONDITIONS TO REMAIN , NO NEW ADDITIONAL SITE WORK GREEN SPACE PRELIMINARY CALCULATION: 100,877 SF SITE 22,636 SF GREEN (22%) WITH INCREASED SITE PLAN PARKING 1" = 40'-0" N CODE DATA MN Shooting Academy Code Data Location Current Building Code Project Description June 16, 2015 Occupancy Classification, Chapter 3 Section 303.1.1 exception Type of Construction (existing) Table 601 Separation at indoor gun range Occupant load, Table 1004.1.2 (For exiting purposes only) Exits: Table 1015.1, 1015.2.1 Locking, Section 1008.1.9 Panic/Fire exit hardware Exit signage Section 1011.1 Emergency Lighting at means of egress, 1006.3 Accessible exterior route, MN 1341 Slope not steeper than 1:20 Accessible parking, (2015 MN Chapter 1341 adopted 1/14/15) Accessible plumbing fixtures MN Plumbing fixtures, Table 2902.1 Stillwater, Minnesota 2015 MN State Building Code adopts 2012 IBC with amendments (effective 6/2/15); unless noted otherwise, IBC sections refer to 2012 IBC 2015 MN Accessibility Code was effective 1/14/15 Remodel space within existing building Group B offices to remain, Assembly space less than 50 occupants -B occupancy (lounge/vending), Retail space Group M, warehouse/storage Group 5-2, indoor gun range S-1 occupancy (18 occupants) with hazardous materials within allowable quantity per control area Type II -B sprinklered existing with additional protective construction at indoor gun range Provide walls equivalent to 2 -hour fire rating and additional protective construction at indoor gun range Retail M occupancy 7,500 sf/30 sf per occupant = 250, Group B offices 1,925 sf/100 = 19, Lounge/vending 740 sf/15 = 49, Gun range actual 18 occupants, Warehouse/storage 6,570 sf/300 = 22 Provide 1 exit at indoor gun range, 18 occupants (1 exit allowed for max occupant load of 29), existing exterior exits 1/3 diagonal apart at warehouse/storage and retail areas, provide exit through storage area at new hall Egress doors shall be readily openable from egress side with use of key or special knowledge; indoor gun range may require special security measures Existing fire exit hardware on exterior exit doors to remain, verify with Fire Marshal Verify at existing exterior doors to remain, provide at all locations where path of egress is not immediately visible Verify at existing exterior landings of exterior doors Verify existing accessible route from accessible surface parking to main entrance Verify existing accessible parking spaces & signage, see exception for access aisle signage located in path of travel Existing to remain (1 women, 1 men) Existing to remain: women (3 toilets, 3 lays), men (2 toilets, 1 urinal, 3 lays GENERAL NOTES 1. IF ANY DISCREPANCIES EXIST BETWEEN ARCHITECTURAL, STRUCTURAL OR CIVIL DRAWINGS, CONSULT WITH ARCHITECT BEFORE COMMENCING WITH CONSTRUCTION. 2. DO NOT SCALE DRAWINGS, IF ADDITIONAL DIMENSIONS ARE REQUIRED CONTACT ARCHITECT. 3. GENERAL CONTRACTOR TO SUPPLY A FULL SET OF PLANS TO THE SUBS * SHOP SUPPLIERS. 4. GENERAL CONTRACTOR SHALL BE RESPONSIBLE TO FIELD VERIFY ALL EXISTING CONDITIONS $ DIMENSIONS PRIOR TO COMMENCING WITH WORK AND TO NOTIFY ARCHITECT IMMEDIATELY OF ANY DISCREPANCIES. 5. GENERAL CONTRACTOR SHALL VERIFY AND INSURE ALL UTILITIES ARE LOCATED IN FIELD AND COORDINATE AS NECESSARY WITH NEW WORK. 6. GENERAL CONTRACTOR AND ALL SUB -CONTRACTORS SHALL PERFORM WORK IN CONFORMANCE WITH ALL APPLICABLE BUILDING CODES AND LAWS. 7. NOTIFY ARCHITECT OF ANY DISCREPANCIES BETWEEN SPECIFICATIONS, PLANS AND NOTES. CONTRACTOR SHALL BE HELD TO COMPLY WITH THE MORE STRINGENT REQUIREMENTS. 8. GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR THE COORDINATION OF ALL MECHANICAL, ELECTRICAL, PLUMBING, HVAC, FIREPROTECTION, AND STRUCTURE CONSTRUCTION AND SHALL COMPLY WITH ALL APPLICABLE CODES AS INDICATED. 9. REQUIRED MEANS OF EGRESS AND SECURITY TO SPACE SHALL BE MAINTAINED DURING CONSTRUCTION. 10. GENERAL CONTRACTOR TO NOTE CONSTRUCTION TIME LINE OF PROJECT AND THAT CONSTRUCTION MAY START IN WINTER. GENERAL CONTRACTOR SHOULD PLAN ACCORDINGLY FOR WINTER CONDITIONS. 1 I . GENERAL CONTRACTOR SHALL COORDINATE * INSTALL ALL NECESSARY BLOCKING, SHIMS $ BACKING FOR FIXTURES, EQUIPMENT, AND ACCESSORIES RELATED TO THE SCOPE OF WORK. 12. CONTRACTOR SHALL CALL FIRE INSPECTOR AT ELECTRIC R.I. TO CONFIRM LOCATION OF EXIT SIGNS AND EMERGENCY LIGHTING. EMERGENCY LIGHTING IS REQUIRED AT ALL EXIT DOORS. EXIT AND DIRECTIONAL SIGNAGE SHALL BE INSTALLED AT EVERY REQUIRED EXIT DOORWAY, INTERSECTION OF CORRIDORS AND AT OTHER SUCH LOCATIONS AND INTERVALS AS NECESSARY TO CLEARLY INDICATE THE DIRECTION OF EGRESS. 1 3. FIRE EXTINGUISHER TO BE A MINIMUM 2A I OBC, RATED WALL MTD. AT A HEIGHT TO MEET ADA CODES WITH SIGNAGE. 14. CONTRACTOR SHALL FURNISH/INSTALL FIRE EXTINGUISHERS AND F.E. WALL SIGNAGE COMPLIANT WITH CODES. ALL F.E.'S SHALL BE TAGGED, CURRENTLY DATED, EFFECTIVE FOR ONE-YEAR. FINAL QUANTITIES OF FIRE EXTINGUISHERS ARE SUBJECT TO CODES AND/OR LOCAL FIRE MARSHAL DIRECTIONS/REQUIREMENTS. 1 5. SPRINKLER INSTALLING CONTRACTOR MUST OBTAIN A FIRE SPRINKLER PERMIT FOR FIRE SPRINKLER WORK PRIOR TO SYSTEM INSTALLATION. CONSTRUCTION DOCUMENTS AND CALCULATIONS MUST BE PROVIDED BY THE SPRINKLER INSTALLER FOR REVIEW AND APPROVAL. 1 6. IT IS THE SPRINKLER SUB -CONTRACTORS RESPONSIBILITY TO DESIGN THE SPRINKLER SYSTEM TO ALL AREAS INCLUDING CONCEALED SPACES AND TO FIT WITHIN THE ROOF STRUCTURE AND AVOID LIGHT FIXTURES, FANS MECHANICAL DUCT IN THE SPACES WITH EXPOSED STRUCTURE. AS HIGH AND TIGHT TO THE DECK AS POSSIBLE. 17. SUBMIT ALL COLOR SAMPLES TO OWNER AND ARCHITECT FOR APPROVAL PRIOR TO CONSTRUCTION. ALLOW AMPLE TIME FOR SELECTIONS AND APPROVALS. 18. DESIGN -BUILD SUB -CONTRACTORS ARE TO VERIFY THAT ALL APPLICABLE WORK IS IN THEIR SCOPE OF WORK AND THEREFORE IN THEIR RESPECTIVE BID. IT IS THE RESPONSIBILITY OF THE DESIGN -BUILD SUB -CONTRACTOR TO COORDINATE THIS WITH OTHER SELECTED DESIGN -BUILD SUB -CONTRACTORS. ti� s 1111111111111111 Y �• .mm... .. ....... 11111111111111111 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 1 I 1 1 1 1 1 1 1 I I I I I I I 1 1 1 1 1 1 1 1 1I I I I 1 1 1 11 1 1 1 I NOTE ELEVATION IS FOR REFERENCE ONLY, NO NEW WORK EXISTING ELEVATION .(Th 3/32" = 1'-0" 111■11■11111111111111111111111111111111111111■11■11111111111111111111111111111111111111!11� II II■IHI•nII■II■IIII■■IIII■II■IIIIIIIIIIII ARCHNET u S a architecture • interiors sustainable design 333 N Main St. Ste. 201 Stillwater, MN 55082 651-430-0606 archnetusa.com MN SHOOTING ACADEMY 2159 Curve Crest Boulevard, Stillwater, MN Revisions Item Date Registration Information 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 Owner Printed Name MICHAEL F. DIEM Signature DATE 6-16-15 License # Project Status Sheet Information TITLE SHEET Project No : 15-111 Sheet Size : 24" x 36" Drawn By : CAL Checked By : RT Date : 6-16-15 C;2015 ARCHNET, Inc. Drawing No : TO ODEMO PLAN 3/32" = 1'-O" I I I I I I I I G Al .0 I I I I I I I I u n I I I I I _L 77 - - - - I I I I I I I I I I I I I I u1 L i i i IL L \\ \ L r Li (G) iJ t T 1 ‘71- ttt LJ_J KEY C — — — 1 EXISTING WALL TO BE DEMO EXISTING WALL TO REMAIN NEW WALL ARCHNET u S a architecture • interiors sustainable design 333 N Main St. Ste. 201 Stillwater, MN 55082 651-430-0606 archnetusa.com MN SHOOTING ACADEMY 2159 Curve Crest Boulevard, Stillwater, MN Revisions Item Date Registration Information 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 Owner Printed Name MICHAEL F. DIEM Signature DATE 6-16-15 License # Project Status Sheet Information DEMO SHEET Project No : 15-111 Drawing No : Sheet Size : 24" x 36" Drawn By : CAL Checked By : RT D 1 Date : 6-16-15 C;2015 ARCHNET, Inc. ELEC. 112 STORAGE 111 WOM WAREHOUSE 113 OFFICE 108 GUN SMITH (OFFICE) 109 22' - 0" 6 1 1 1 o 75' - 0" RETAIL SPACE 101 15'-0" 8'-0" 1 STOFIAGE 1 4 \ \ OFLOOR PLAN 3/32" = 1'-0" \ \ • 102 AIR LOCK 102 4 (lir - (5) NEW BOLLARDS VESTIBU E 100 LOUNGE VENDING KEY C==-� EXISTING WALL TO BE DEMO EXISTING WALL TO REMAIN NEW WALL 4 (5) N 1/\ 0B) Ep) _ EXISTING BAR JOIST BEARING 118'-0" NAME EXISTING BAR JOIST BEARING 116'-0" — _ — — — —_ —_ _ CEILING FINISH CEILING HEIGHT COMMENTS RETAIL SPACE 102 AIR LOCK LANE I N RANGE GUN RANGE — — NOTE WALL AND CEILING STEEL PANELS FOR BULLET RICOCHET PREVENTION BY OTHERS —_ — -r NEW STEEL BEAMS SEE STRUCT. - - NEW 12" CMU CORE FILLED, _'" SEE STRUCT. FOR — — — LANE 2 REINFORCING — MEN IMI I �, --------- PP(l\/If1F NIFIA/ F/l(1TInI(9 Ac. 106 LANE 3 G 107 OFFICE LANE 4 108 OFFICE 103 109 GUN SMITH (OFFICE) LANE 110 BREAK ROOM ,, ,\__7 ` ,\__.., \.- BULLET CATCHER AREA -I -pS \,_\-`. \ _\__\-\_\_`„ I 12 _.\_\ __.,,, \_\_\- \-\\` _,.\_- SAFETY CORRIDOR A 113 WAREHOUSE O LANE 6 STORAGE LANE 7 LANE 8 LANE 9 LANE 10 LANE 1 I IN LANE 12 OFLOOR PLAN 3/32" = 1'-0" \ \ • 102 AIR LOCK 102 4 (lir - (5) NEW BOLLARDS VESTIBU E 100 LOUNGE VENDING KEY C==-� EXISTING WALL TO BE DEMO EXISTING WALL TO REMAIN NEW WALL 4 (5) N 1/\ 0B) Ep) _ EXISTING BAR JOIST BEARING 118'-0" NAME EXISTING BAR JOIST BEARING 116'-0" — _ — — — —_ —_ _ CEILING FINISH CEILING HEIGHT COMMENTS RETAIL SPACE 102 AIR LOCK 103 GUN RANGE — — NOTE WALL AND CEILING STEEL PANELS FOR BULLET RICOCHET PREVENTION BY OTHERS —_ — -r NEW STEEL BEAMS SEE STRUCT. - - NEW 12" CMU CORE FILLED, _'" SEE STRUCT. FOR — — — REINFORCING — MEN IMI I �, --------- PP(l\/If1F NIFIA/ F/l(1TInI(9 Ac. ©SECTION 1/8" = 1'-0" REQUIRED SEE STRUCT. 122''-0" A. FLOOR PLAN 100'-0" 1 2" CMU CORE FILLED, SEE STRUCT. FOR REINFORCING WALL TYPE I OINTERIOR WALL TYPES 1 =1-0 SEE SCHEDULE SEE SCHEDULE FI HOLLOW MTL. FRAME ® FRAME TYPES 1/4" = SEE SCHED. SEE SCHED. A NON -INSULATED H.M. DOOR DOOR TYPES 1/4" = 1'-0" HARDWARE LEGEND GROUP 1 INTERIOR LATCH SET, BUTTS AS REQ'D I EA CLOSER I EA DOOR STOP I EA LATCH SET NOTES: I . DOOR AND ROOM FINISH SCHEDULE ARE FOR REFERENCE ONLY VERIFY ALL FINISHES WITH OWNER 2.NOTE: ALL HARDWARE GROUPS ARE FOR REFERNCE ONLY VERIFY ALL HARDWARE WITH OWNER ROOM FINISH SCHEDULE Number NAME WALL FINISH FLOOR FINISH BASE CEILING FINISH CEILING HEIGHT COMMENTS 100 VESTIBULE FROM ROOM: NAME HEIGHT FRAME WIDTH DOOR TYPE 1 TYPE HDWR GROUP COMMENTS 101 RETAIL SPACE 102 AIR LOCK 103 GUN RANGE 104 WOMEN 105 MEN 106 OFFICE 107 OFFICE 108 OFFICE 109 GUN SMITH (OFFICE) 110 BREAK ROOM 11 STORAGE I 12 ELEC. 113 WAREHOUSE 114 STORAGE DOOR SCHEDULE DOOR # FROM ROOM: NAME HEIGHT FRAME WIDTH DOOR TYPE 1 TYPE HDWR GROUP COMMENTS 102 RETAIL SPACE 102A AIR LOCK 7'-011 3'-0" A 7'-011 3' - 0" A FI FI 114 RETAIL SPACE 7'-011 3'-01' A FI ARCHNET u S a architecture • interiors sustainable design 333 N Main St. Ste. 201 Stillwater, MN 55082 651-430-0606 archnetusa.com MN SHOOTING ACADEMY 2159 Curve Crest Boulevard, Stillwater, MN Revisions Item Date Registration Information 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 Owner Printed Name MICHAEL F. DIEM Signature DATE 6-16-15 License # Project Status Sheet Information FLOOR PLAN Project No : 15-111 Drawing No : Sheet Size : 24" x 36" Drawn By : CAL Checked By : RT A1.0 Date : 6-16-15 C;2015 ARCHNET, Inc. Ballistic & Acoustic Ballistic Rubber Protection and Acoustic Systems The primary purpose of ballistic protection in a range is to help prevent injury and protect property from damage. Traditional ballistic systems are designed to simply redirect misfires and ricochets, not necessarily to stop their path and contain them. Range Systems ProTactTM ballistic protection systems provide a safer range environment by eliminating these hazards with full encapsulation of errant rounds and ricochets. Our proprietary ballistic rubber allows us to create the safest, cleanest and quietest ranges in the industry today. Here are some of the ballistic protection products where we use our ProTact systems: • Baffles • Safety Ceiling • Ballistic Sidewall Protection • Shooting Lane Dividers • Free -Standing Ballistic Shields • Acoustic Systems Baffles Range Systems has a variety of baffle designs and options to suit your needs. The baffles on a range must be matched with the capabilities of the ammunition being fired on the range. While we have several levels of ballistic protection, with our proprietary ballistic rubber, we not only can provide you the safest shooting environment possible, but also improve the overall appearance of your range. Whether you train from a fixed firing line or advance downrange, Range Systems baffle systems can be installed in a "no -blue sky" configuration so errant rounds cannot escape the perimeters of the range. Our baffles also protect downrange lights, columns, utilities or any type of protuberance that is in the line of fire. Simply put, Range Systems has the widest range of baffle options in the industry allowing you to choose both your level of protection and safety. Sidewall Systems ProTactsTM Ballistic Sidewall System is ideal for tactical training, close range fire, angled fire, and any environment where shooters advance downrange. Our ballistic Sidewall System eliminates the potential hazard of ricochets and splatter from bullets impacting the sidewalls of the range. This allows you to not only advance down range, but have 270° range of fire, shoot cross lane as well as engage multiple targets at once. • Tactical Training • Angled Fire • Close Range Fire • Shoot Cross Lane Ceiling System One of the most critical areas in a range where a misdirected shot could compromise personnel safety is the area from the firing line extending to twelve feet downrange. Range Systems ProTactsTM ballistic rubber ceiling system reduces the risk of injury of a vertically misdirected shot by stopping the path of the round and safely containing it. Acoustic Systems There are many hazards on a shooting range, and one of the most overlooked is the noise. Obviously you have the noise of the guns firing, but also noise from bullet impact and reverberations. An effective noise control measure for firing ranges is ballistic rubber. Unlike steel and plywood ranges, ranges with ballistic rubber nearly eliminate bullet impact noise. In addition, our Acoustic Dura-PanelTM rubber with channeled exterior reduces reverberation as well. Noise is absorbed as the channels disrupt sound wave patterns so they quickly dissipate resulting in a noise reduction. Acoustic Dura -Panel has a Noise Reduction Coefficient (NRC) rating of 0.65. When used as a component of a ballistic containment system, Acoustic Dura - Panel will capture and encapsulate bullets and fragments, prevent ricochet from trajectory angles as shallow as 12 degrees from the rubber surface, and reduce airborne lead particles. Noise exposure assessment and abatement strategies for a indoor firing range. Exposure to impulse noise is common during the firing of weapons at indoor firing ranges. The aims of this study were to characterize the impulse noise environment at a law enforcement firing range; document the insufficiencies found at the range from a health and safety standpoint; and provide noise abatement recommendations to reduce the overall health hazard to the auditory system. Ten shooters conducted a typical live -fire exercise using three different weapons --the Beretta.40 caliber pistol, the Remington.308 caliber rifle, and the M4.223 caliber rifle. Measurements were obtained at 12 different positions throughout the firing range and adjacent areas using dosimeters and sound level meters. Personal and area measurements were recorded to a digital audio tape (DAT) recorder for further spectral analysis. Peak pressure levels inside the firing range reached 163 decibels (dB) in peak pressure. Equivalent sound levels ranged from 78 decibels, A -weighted (dBA), in office area adjacent to the range to 122 dBA inside the range. Noise reductions from wall structures ranged from 29-44 dB. Noise abatement strategies ranged from simple noise control measures to elaborate design modifications to eliminate structural -borne sounds using acoustical treatments. Acoustical treatment of exposed walls, overhead baffles, safety ceilings, shooting stalls, and the range floor changes the surfaces from reflective to absorptive and significantly reduces the noise level in the range. These acoustical applications are specifically designed to absorb the loud reverberation of indoor gunfire, decrease the sound level within the range, and reduce noise transmission outside of the range. INDOOR RANGES ; U.S. PATENT # 5822936 J SAFETY BAFFLESTM In addition to keeping fired bullets from exiting the range, baffles offer protection for overhead lights, pipes, ventilation ducts, and other structures. A critical safety concern on any indoor range is making sure bullets cannot escape to the outside. Using an innovative combination of steel, wood, and acoustical tile, Action Target Safety Baffles provide ballistic protection, sound abatement, and a polished, professional appearance. "ACTION \I}TARGET. T WWW.ACTIONTARGET.COM ® PO BOX 636 ® PROVO, UT 84603 ® P 801.377.8033 ® F 801.377.8096 To ensure you get exactly what you need for your specific range requirements, Action Target Safety Baffles come in four levels of protection. LEVEL 1: Baffles are made of 10 -gauge steel and will deflect and contain most standard handgun rounds fired at an angle of at least 45 degrees from perpendicular. Some damage to the steel plate may occur. Repeated rounds impacting in the same area may breach the baffle. LEVEL 2: Baffles are made of 1/4" mild steel and will deflect and contain standard handgun rounds fired at an angle of at least 45 degrees from perpendicular with little or no damage to the steel plate. Baffle will also deflect and contain standard handgun rounds fired at a perpendicular angle with some potential damage to the steel plate. Performance Characteristics LEVEL 3: Baffles are made of 1/4" AR steel and will deflect and contain standard handgun rounds fired at a perpendicular angle with no damage to the steel plate. Baffle will also deflect and contain high power rounds (.223 and .308) fired at an angle of at least 45 degrees from perpendicular. Some damage to the steel plate may occur. LEVEL 4: Baffles are made of 3/8" AR steel and will deflect and contain standard handgun rounds fired at a perpendicular angle with no damage to the steel plate. Baffle will also deflect and contain high power rounds (.223 and .308) fired at a perpendicular angle. High power rounds fired at a perpendicular angle will cause damage to the steel plate. Repeated high power rounds fired at a perpendicular angle impacting in the same area may breach the baffle. ® Nearly impenetrable barrier ® Protect lighting, ventilation, and other utilities and equipment ® Help control acoustics and other sound issues ® Match the grade of baffles to the scope of the range be it handguns or rifles. ® Fixed firing line baffles: calculate line of sight from standing, kneeling, and prone positions ® Tactical movement baffles: entire ceiling must be completely protected - not just certain areas ® Baffles are different than deflectors WWW.ACTIONTARGET.COM ® PO BOX 636 ® PROVO, UT 84603 ® P 801.377.8033 ® F 801.377.8096 i\ACTION TARGET. INDOOR RANGES WALL BAFFLE Complete ballistic containment that will safely direct ricochet and splatter away from the shooter. Available in handgun and rifle rated configurations. Action Target's Wall Baffle system is designed to keep errant rounds safely contained within the shooting range while not damaging the structure of the building. Wall Baffles are available in configurations capable of containing both handgun and standard rifle calibers (5.56, 7.62, etc.). "ACTION \I}TARGET. T WWW.ACTIONTARGET.COM • PO BOX 636 • PROVO, UT 84603 • P 801.377.8033 • F 801.377.8096 All impact surfaces on the Wall Baffles are made of through hardened AR500 steel. The joint system provides an overlapping and continuous barrier eliminating any gaps through which rounds may escape. The overlapping joint design also allows wall baffles to be modular to fit any range. Wall Baffle panels are available in 1/4" and 3/8" thicknesses depending on the range requirements. In order to contain impacts from rifle calibers at various angles (including perpendicular shots), 3/8" steel must be used. All steel panels are cut on computer controlled, high- definition plasma cutters and are prepped and painted to meet SP -6 specifications. No flame cutting of any type is used. Standard Accessories Optional Accessories Mounting Requirements Height Width Thickness • Plywood • Acoustic paneling • Rubber covering • Various acoustic tiling options • CMU / Concrete wall / drywall / plywood styuds / self supporting wall • 4' to 40' • Unlimited • 2" to 8" WWW.ACTIONTARGET.COM • PO BOX 636 • PROVO, UT 84603 • P 801.377.8033 • F 801.377.8096 i\ACTION TARGET. Shooting Range Sound Test Action Target conducted a test on Saturday December 7, 2002 to determine the level of sound emitting from an uninsulated indoor range. We used the facilities of Rangemasters of Utah located at: 712 West 1300 North Springville, UT 84663. The range is a standard 25 yard fixed position commercial range with a Total Containment Trap, 9 rows of overhead baffles (7 with fascia), and shooting stalls. The walls are solid grout CMU block. Above the baffles is a wood truss assembly with standard roof construction and no insulation. This range is located in a light industrial area. There is one City access road to the north about 200' that has moderate traffic. Other roads in the area are south of the range with very little traffic. We took our sound measurements moving away from the building to the west through an open lot. The next building to the west is 500' away. The lane we used for our testing in the range was just inside the western wall shooting to the north. The equipment used for this test was a Larson -Davis hand held meter, model DSP80 (see attached spec sheet). In order to produce the worst case scenario we used a 50 caliber BMG rifle. The rounds fired were TTI Armory FMJ Ball 647 gr. (see attached spec sheet). All shots were fired from the 25 yard line. The test was conducted from six positions outside the range. At each distance three measurements were taken; ambient sound, normal conversation, and peek levels with a single shot fired in the range. The results are as follows: Distance Ambient db Conversation db Shot Fired db 10' 50 75.2 84.3 Traffic 55 100' 50 74.9 71.9 200' 50 72 66.9 300 47 72.6 59.2 400 45.5 71.5 54.3 450 43.5 72.5 56.9 The reading from 450' when the shot was fired increased slightly from the reading at 400'. We believe this was due to reverberation off the building to the west. This test was conducted by employees of Action Target namely; Layne Ashby, Ernie John, Justin Briggs, and Jarom Xochimitl. Sincerely, Layne Ashby Action Target, Inc. Shooting Range Sound Test Action Target conducted a test on Friday April 18, 2008 to determine the level of sound emitting from an insulated indoor range. This test was conducted on the shooting range listed: Get Some Guns 6651 S. State Street Murray, UT 84107 The range is a standard 25 yard fixed position commercial range with a Total Containment Trap, 9 rows of overhead baffles (7 with fascia), and shooting stalls. The walls are solid grout CMU block. Above the baffles is a steel truss assembly with standard roof construction and fiberglass insulation. This range is equipped with sound absorbing panels with a .95 NRC rating to reduce reverberation time. This range is located in a commercial area. State Street is west of the range about 20' and has heavy traffic. Other roads in the area are on all sides of the range with little traffic. We took our sound measurements moving away from the building to the north, west and east through the parking lots. The closest buildings to the range are: North Sam's Club 500+' away South Commercial strip center 25' away West Commercial strip center 100' away East Residential homes 70' away There were 4 shooters in lanes in the south bay of the range just inside the southern wall shooting to the east. The shooters were shooting 9mm and 40 cal handguns. The equipment used for this test was a RadioShack digital hand held meter. Sound levels were measured in the A -weighting scale with frequencies from 500 to 10,000 Hz. The test was conducted from five positions outside the range and readings at the shooting line in the range. At each distance three measurements were taken; ambient sound, traffic, and peek levels with shots fired in the range. The results are as follows: Distance Ambient db Traffic db Shot Fired db In the range 79 107 In the Gun store 64 68 72 10' south 61 68 67 50' east 56 63 61 State St. sidewalk 53 64 54 200'north 54 63 55 The readings from 50' east and 10' south increased slightly from the other readings. We believe this was due to reverberation between the buildings. This test was conducted by Layne Ashby of Action Target with assistance from Skyler Wallin of Get Some Guns. Shooting Range Sound Test Action Target conducted a test on Friday May 2, 2008 to determine the level of sound emitting from a well insulated concrete tilt -up indoor range. This test was conducted on the shooting range listed: Whistling Pines Gun Club 1418 Woolsey Heights Colorado Springs, CO 80915 The range is a standard 25 yard fixed position commercial range with a Total Containment Trap, 9 rows of overhead baffles (7 with fascia), and shooting stalls. The walls are solid tilt -up concrete. Above the baffles is a steel truss assembly with standard roof construction and fiberglass insulation. This range is equipped with sound absorbing panels with a .95 NRC rating to reduce reverberation time. This range is located in an industrial area. Markshuffle Street is east of the range about 500' and Hwy 124 is South about 1000', both with heavy traffic. Other roads in the area are on all sides of the range with little traffic. We took our sound measurements moving away from the building to the north, south, west and east through the parking lots. The closest buildings to the range are: North Storage yard 300' away South Open field West Industrial offices 200' away East Industrial offices 200' away There were 6 shooters in lanes in the east bay of the range just inside the eastern wall shooting to the north. The shooters were shooting 9mm handguns. The equipment used for this test was a RadioShack digital hand held meter. Sound levels were measured in the A -weighting scale with frequencies from 500 to 10,000 Hz. The test was conducted from 10 positions outside the range and readings at the shooting line in the range. At each distance three measurements were taken; ambient sound, traffic, and peek levels with shots fired in the range. The results are as follows: Distance Ambient db Traffic db Shot Fired db In the range 76 102 In the Gun store 50 62 10' east 63 67 68 50' east 54 68 67 100' east 61 68 66 50' west 62 66 65 100' west 63 67 65 50'north 77 100'north 58 60 59 50' south 63 67 66 100' south 64 66 66 It was very windy the day of this test which made it very difficult to collect these reading. The wind gusts were much louder than the traffic or shots fired. The readings on the north side of the building were higher due to the HVAC equipment. The shots fired were nearly undetectable as we moved away from the range building. We believe this is due to the construction type and insulation of the building. This test was directed by Layne Ashby and conducted by Wayne Ashby of Action Target with assistance from Kevin Klesser of Whistling Pines Gun Club. VENTILATION AND HVAC ACTIO NTM TARGET SAFE / CLEAN / CUSTOMIZABLE ActionTarget.com CLEAN AIS EFFICIENT SHOOTING RANGE VENTILATION Ventilation in a shooting range is an essential and vital component of the overall range design. Proper ventilation improves the shooter's experience and provides a safe atmosphere for both employees and customers. Action Target provides unique, Clean Air: Range aft is cleaned from lead dust before being reintroduced to the range or released back into the atmosphere. OACTION,. TARGET 1••I Prftege /'\I Air Flow: Down range air flow moves particulate away from shooter's respiratory zone keeping shooting area comfortable for the shooter. ceiling mounted 180 degree air delivery ventilation systems that meet OSHA, EPA, and NIOSH regulations and direct lead dust and particles away from the shooter. dlb /1/1/ Climate Control: Systems adapt to changing environmental conditions to maintain required air speed and pressure conditions. f Custom Options: Systems are custom designed for each shooting range. Revolutionary design makes plenum walls obsolete. Ventilation is part of Action Target's complete range solution. Learn more at ActionTarget.com/Indoor-Shooting-Products 1 SYSTEM CONTROL • Available in digital and analog formats • Sounds alarm under unsafe conditions • Users can view the system remotely, check alarms, reset maintenance alarms, and view the overall system operation • Provides necessary maintenance and warning messages • Allows for range employees to quickly identify and resolve issues 2 LAMINAR DIFFUSION Clean air is introduced to the range behind the shooting line. A radial diffuser ensures this air is evenly distributed. • Critical to creating laminar air flow within the range • Proven technology for range usage ■ First step in creating a safe and clean atmosphere for shooters 100% PURGE, HEATING ONLY • Affordable heating system • Has two units: Make up air (MAU) and Range Exhaust Fan (REF) • Primarily for colder, more humid climates (Northeast, Midwest, Atlantic, Great Lakes, and Northwest) • Utilizes prefilters that are changed monthly and HEPA filters that are changed every 2,400 hours 100% PURGE, HEATING AND EVAPORATIVE COOLING ■ Affordable cooling system ■ Primarily for warmer, dry climates (Southwest area) ■ Direct fire gas heating: heats the air before entering the diffusers • Utilizes prefilters and HEPA filters 3 AIR FLOW Negative air pressure draws hazardous lead dust safely away from shooter towards the bullet trap where it is collected for recycling. Air is then drawn into filtration system for final cleaning process. 4 FILTRATION Available purge and recirculating systems filter and collect contaminated air, meeting OSHA, EPA, and NIOSH requirements. • Available with heating and/or cooling • A variety of systems can be installed to operate in individual climates • Both internal and external systems exist RECIRCULATING HEAT AND MECHANICAL COOLING • 75% recirculation and 25% outside air mix • Triple filtration (pre, mid, HEPA) • Train, Mecquay, Carrier Cooling Units SHOOTING RANGE PRODUCTS TARGET RETRIEVERS BULLET TRAPS AND BAFFLES " ACT 1 O N TM TARGET BETTER EQUIPPED. BETTER PREPAREDTM 3411 S. MOUNTAIN VISTA PKWY / PROVO, UT 84606 P 801.377.8033 / F 801.377.8096 / ACTIONTARGET.COM LEAD COLLECTION EQUIPMENT ACTION,. TARGET ActionTarget.com 0 kw > COMPLETE RANGE SOLUTIONS 1 VENTILATION Ventilation in a shooting range is an essential and vital component of the overall range design. Proper ventilation provides a safe atmosphere and improves the shooter's experience. Action Target's industry leading air delivery and purification systems provide complete range ventilation, including a unique, ceiling mounted, 180 degree air delivery systems that meet OSHA, EPA, and NIOSH regulations. 2 DEFENDER' SHOOTING STALLS Action Target's Defender" Shooting Stalls are the safest and most modifiable shooting stalls available. Independent ballistic testing and advanced designs ensure the shooter stays safe and comfortable in your range. Attachable accessories, interchangeable ballistic panels, and multiple table configurations work together to create the ideal shooting experience for your customers. 3 RANGE CONTROL SYSTEMS Whether it's the target systems, the lighting, or training scenarios, range control systems enhance ease of use and functionality for the range owner and customer. Action Target offers a variety of control systems that can be customized to fit any range scenario. INDIVIDUAL LANE CONTROL Key pads installed inside individual stalls provide the opportunity for shooters to control their target. These systems vary between simple toggle switches to touch screens that offer advanced functionality such as customizable training scenarios, lighting modes, and preprogrammed drills. MASTER RANGE CONTROL Master control software systems provide range control for the range master. These systems can provide simple lane control or create training sequences. With the ability to build and save programs, range masters and firearms trainers are able to build effective training programs and scenarios. WIRELESS RANGE CONTROL Action Target offers a number of wireless systems to provide range control from anywhere in the range. ■ Air Command ■ Mancom Control Switch ■ Mancom Wireless Cart 4 TARGET SYSTEMS Action Target revolutionized the reactive and turning target concepts when we introduced air powered, individually controlled target systems. This innovation expanded into target retrievers, and running targets. Across commercial, law enforcement, and military markets we have the target system to meet your needs. TURNING TARGETS Pneumatic and electric turning target systems are both available with a variety of features depending on range usage and training purposes. ■ Mancom Fixed ■ Mancom Fixed Turning Target Lateral Stand ■ Power -90 ■ D -Ta PS ■ Tandem -90 RUNNING TARGETS Horizontally running targets add another dimension of training to a range. Used in conjunction with turning targets, they simulate real-world situations. ■ Mancom Dual Running Man ■ Track Runner TARGET RETRIEVERS Target retrievers are essential for providing shooters control of their own experience. Action Target's line of retrievers has varying features to accommodate any need: ■ SRET ■ Mancom Touch N' Go ■ Mancom Touch Plus ■ Mancom AWD REACTIVE STEEL TARGETS Reactive steel targets are an ideal training tool because shot accuracy is immediately identified from any distance. Action Target's reactive targets enhance any training program. ■ Bobber ■ Bobber XTreme ■ Steel KD 5 BAFFLES Sc DEFLECTORS Action Target offers a number of different baffle and deflector configurations, for both tactical and fixed position firing to protect overhead lights, pipes, ventilation ducts, and most importantly, to safely deflect errant shots. 6 BULLET TRAPS Action Target understands the science of bullet containment. With over 20 years experience in trap design and construction, we are the industry leader in lead collection and containment. Our steel and rubber traps are built for safety, reliability, and durability. RUBBER BERM TRAP Action Target's Rubber Berm Trap works with standard pistol, shotgun slug, and rifle rounds up to .50 BMG (tracer and other incendiary rounds not recommended). The trap allows for tactical close -range and cross -lane shooting. The trap is ASTM E108-11 compliant, the best fire treatment rating on the market. TOTAL CONTAINMENT TRAP The Total Containment Trap' is the industry standard for steel traps. Patented in 1994, this trap uses angled steel plates that break up bullets and funnel the splatter into a chamber where they are decelerated and collected for recycling. The trap is constructed from AR550 steel and safely handles pistol and rifle rounds. The Total Containment Trap' also allows for tactical close -range and cross -lane shooting. 7 DECELERATION AND LEAD CONTAINMENT The Total Containment Trap' offers two ways of collecting spent lead that can then be safely recycled. The Screw Conveyor System moves lead using an auger system until it is collected in a barrel. When the barrel is ready to be recycled it simply needs to be capped and picked up by the recycler. This method minimizes the contact with lead. The other method uses canisters which need to be emptied periodically into a larger barrel which can then be picked up and recycled. 8 LEAD OUST COLLECTION UNIT A dust collection unit is the last piece to making your shooting range safe for your shooters, and compliant with clean air regulations. Our units utilize negative pressure to vacuum up lead dust that exists in the range. The lead is collected for recycling. To see our full line of indoor and outdoor range products and services visit ActionTarget.com OTHER PRODUCTS & SERVICES MATCHTM SHOOT HOUSE MATCHr" (Modular Armored Training Combat House) set the standard for live fire shoot houses. With a number of available configurations, accessories (including hiding spaces, breach doors, and after action review), and safe bullet containment, MATCHTM provides the best in real world training for both law enforcement and military. PORTABLE STEEL TARGETS Action Target has been manufacturing portable steel targets for over 20 years. We make the safest and best portable steel targets available. See the full line of Action Target portable steel targets at LETargets.com TRAINING COURSES Building and running a range can be intimidating. Action Target is dedicated to simplifying this process by providing training opportunities for both law enforcement and commercial range owners, Details and registration for these training courses can be found at ActionTarget.com/shooting-academy LETC (Law Enforcement Training Camp) LETC is a training camp for agency firearm trainers. Action Target partners with some of the best training agencies in the country, including Glock, Spartan, and Hoffner's, to provide the latest in tactical training. Range Development and Design Seminar These seminars are geared towards making sense of the range building process. Learn from experts in planning, development, equipping, and building your shooting range. Seminars take place at various locations throughout the year. RANGE MAINTENANCE & SUPPLIES Action Target offers Range Maintenance plans for a variety of products and cleaning services. We can provide a complete range maintenance plan, or service a part of the range. Whatever your needs are, we can provide a solution. We also carry range supplies. Visit LETargets.com to view our complete product offering. \')TAR AC BETTER EQUIPPED. BETTER PREPARED. 3411 S. MOUNTAIN VISTA PKWY / PROVO, UT 84606 P 801.377.8033 / F 801.377.8096 / ActionTarget.com 1 At Action Target each step of the shooting range build process is handled by in-house professionals with years of expertise and industry knowledge. From manufacturing, to the initial range designs, to product development, everything is done on-site at our Provo, Utah facility. No matter your shooting range needs, Action Target provides solutions to keep you better prepared for whatever lies ahead. CONSULT: Action Target's knowledgeable range consultants are there to guide you through each step of the process. DESIGN: No two shooting ranges are the same. The Range Design and Drafting team will turn your ideas into drawings and a range that fits your needs. ENGINEER & MANUFACTURE: Our team ensures products are compliant with engineering standards. These products are manufactured in our 125,000 square foot facility. lr INSTALL: Our experienced and certified install teams work quickly and efficiently to make your range operational. SERVICE: The story doesn't end when your range opens. Action Target's customer service team is there to keep your range in top condition. SUPPLY AND MAINTAIN: Through our subsidiary, Law Enforcement Targets, Action Target provides everything to keep your range running with our range supply and maintenance programs. iliwater THE OTRIMPEAGE OF MINNESOTA Planning Report DATE: TO: APPLICANT: LANDOWNER: REQUEST: LOCATION: August 13, 2015 Mayor & Council Members Todd Baumgartner, WB Development, LLC Jon Whitcomb CASE NO.: 2015-20 1) Approval of a Preliminary Plat for a 15 lot Residential Subdivision 2) Conditional Use Permit (CUP) to allow cluster residential development in the South Twin Lake Shoreland District, and the Brown's Creek Stream Shoreland District NW Quadrant of Neal Avenue and McKusick Road 8602 & 8528 Neal Avenue COMPREHENSIVE PLAN: ZONING: REVIEWERS: LDR, Low Density Residential 1) Base Zoning District: TR, Traditional Residential 2) Overlay District: NE, Natural Environment Lake Shoreland Management District for South Twin Lake 3) Overlay District: Stream Shoreland Management District for Brown's Creek. Public Works Director, City Planner, Deputy Fire Chief, Washington Co. Public Works Department, Brown's Creek Watershed District, Minnesota Department of Natural Resources PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Todd Baumgartner of WB Development LLC has submitted a preliminary plat for a 15 lot single- family residential development to be known as BROWN'S CREEK COVE. The property is located at the northwest quadrant of the intersection of Neal Avenue North and McKusick Road North. The project has a total gross area of 8.91 acres. Lots range in size from 10,070 square feet to 19,917 square feet. Two of the 15 lots will include the two existing homes on the property. The Brown's Creek Cove August 13, 2015 Page 2 development density is 2.93 homes per developable acres. This is consistent with the Comprehensive Plan's guided development density for the property, which is Low Density Residential (1 - 4.4 homes per acre). The project represents the continuation of infrastructure and development pattern established by the Millbrook neighborhood abutting the property immediately to the north. This includes: • A cul-de-sac that intersects with the Millbrook's White Pine Way; • An 8' wide bituminous trail that would continue from Millbrook along Brown's Creek to McKusick Road; • Continuation of utilities; and • Addition to greenway along Brown's Creek. 3.79 acres of the property (42.5%) are proposed to be platted as an outlot and remain open space in perpetuity. This open space area includes: a stormwater pond; a stretch of Brown's Creek; the wetlands and wetland buffers abutting Brown's Creek; and an 8 foot wide bituminous trail that will be open to the public. The trail segment is a critical part of the City's trail system, as it will close the gap in the Millbrook neighborhood system. Zoning of the property is a bit complicated. In addition to the base zoning of TR, Traditional Residential, the property is also encumbered partially by two overlay districts. (See the attached maps.) They are the Natural Environment Lake Shoreland Management Overlay District (referred to as the "Lake Overlay District") and the Brown's Creek Stream Shoreland Management Overlay District (referred to as the "Stream Overlay District"). The proposed single-family use and density are allowed within the overlay districts with a Conditional Use Permit (CUP), which has been requested. SPECIFIC REQUEST In order to develop the property as proposed, the applicant has made the following specific requests: 1) Approval of a Preliminary Plat for a 15 lot single-family residential subdivision, to be known as BROWN'S CREEK COVE; and 2) Approval of a Conditional Use Permit to allow cluster residential development in the South Twin Lake Shoreland District, and within the Brown's Creek Stream Shoreland District. EVALUATION OF REQUEST I. PRELIMINARY PLAT A. Minimum Dimensional Standards Lake Overlay District standards 'For this project the developable area is what remains after subtracting Outlot A. Brown's Creek Cove August 13, 2015 Page 3 • Minimum lot size - Within the Natural Environmental Lake Overlay District the standard lot size with sanitary sewer is 40,000 square feet. And if the lot lies directly on the lake, it must be at least that size. But, for property such as Brown's Creek Cove without shoreline on the lake, lots can be smaller with a Conditional Use Permit.2 o The lot size with a CUP can be reduced to that of the base zoning district. The base zoning of the property is TR, Traditional Residential, which allows 10,000 square foot lots. All 15 of the proposed lots exceed this minimum size. • Impervious surface - Lots in Lake Overlay Districts may have no more than 25% impervious surface. o This standard will have to be met when building permits are requested. But, with careful building pad planning, this standard can be met for the proposed lots. o For the two lots that will inherit the existing homes, the impervious surface standard is met for Lot 4 (24.5%) but not for Lot 8 (29.2%). However, the developer has agreed to enlarge Lot 8 a bit and to eliminate a portion of the driveway's turnaround surface. A condition of preliminary plat approval will be that final plat and plans must show only 25 % coverage on Lot 8. • DNR Review - The Minnesota Department of Natural Resources has reviewed the CUP request. Since over 40 % of the site will be an open space outlot, the property is in the furthest tier removed from South Twin Lake, half of the site is outside of the Lakeshore Overlay District (including developable property), and no more than 25% of each lot will have impervious cover, the DNR is satisfied with the proposal. Stream Overlay District standards • In addition to the standards found in the Lake Overlay District, addressed above, the Stream Overly District requires a 40 foot setback from the top of the steep slopes. There are slopes that meet the definition of "steep" in the south central part of the site. (See the attached erosion control plan - Plan C4.) They are located wholly within Outlot A and no homes will have a difficulty meeting the required 40 foot setback. • Also, a wetland buffer of 100 feet is required from centerline of creek, or 25 feet from edge of wetland, whichever is greater. o Exceptions allowed for construction of utilities, (if there are no practical alternate locations and impact is minimized), drainage facilities and trails. Any buffer zone that is disturbed must be reestablished with natural plantings approved by the City. ■ Parts of the stormwater pond are located partly within the 100 foot buffer. This is allowed per the Code exceptions. 2 City Code Ch. 31-402, Subd 4(b)(2). Brown's Creek Cove August 13, 2015 Page 4 ■ The landscape shows dense tree plantings along the stormwater pond, but does not specify ground cover. To the extent that this lies within the 100 buffer, reestablished vegetation will need to be something more natural than turf. The landscape plan should show this detail in the final plat application. Base Zoning District Lot standards Minimum lot standards for the proposed TR zoning district are compared below with the lot dimensions proposed by the developer. As can be seen, all minimum lot standards are met. Lot Standards Area Width3 Frontage Depth Required 10,000 s.f. average 65' 35' NA Proposed 12,556 s f average All >1= 65' All >/=35' NA All lots meet the TR District minimum standards. Also, setbacks for the two existing homes meet all TR District minimums. It appears that the lots will all have reasonable building pads. But to assure that they will meet all setback requirements, the developer should submit pad dimensions and setbacks with the Final Plat application materials. B. Civil Engineering The City Engineer has reviewed the plans and finds them satisfactory with the following conditions: • Two street lights, to be approved by the City Engineer, shall be installed: one at the entrance and one at the end of the cul-de-sac. These lights must be included in the final plat application materials. • All storm sewer pipe under the roadway, as well as all manholes, catch basins and aprons shall be concrete. This detail must be included in the final plat application materials. • Infiltration basins shall not be constructed until vegetation has been established on the site. All basins shall be maintained and operated by the Developer or the Home Owner's Association. • Drainage calculations were not submitted. These must be submitted with final plat application materials and found satisfactory by the City Engineer prior to release of the final plat for filing with Washington County. • The existing home on Lot 8 must connect to City sewer and water. • This development will be responsible for paying a trout stream impact fee, a transportation adequacy impact fee, and trunk utility fees. Based upon 6.3 acres of developed land (lots, street and grading in Outlot A), the fees will be as follows: 3 Measured at midpoint of lot. Brown's Creek Cove August 13, 2015 Page 5 Fee Fee per acre Acres Total fee Trout Stream impact fee $5,675 5.594 $31,723.25 Transportation impact fee $7,379 5.594 $41,248.61 Trunk sewer & water $16,542 6.015 $99,417.42 These development fees must be paid prior to release of the final plat for recording with Washington County. • All electrical and communication utility lines are required to be buried. • The Washington County Highway Department requires that the final plat include a notation that access will be restricted along McKusick Road. • Brown's Creek Watershed District will have to complete a review of the project, and a grading permit will be required from them. • Length of cul-de-sac is 568'; 600' is allowed. C. Fire Protection The Fire Marshal has reviewed the plans and has found them satisfactory as proposed. D. Tree Removal, Replacement & Landscaping A considerable portion of the upland area will be graded, as will the infiltration pond area in Outlot A. However, no grading or tree removal will take place on slopes that are defined as steep, nor (with the exception of the infiltration pond) will any grading occur within the wetland buffer area. Less than 35% of the tree canopy will be removed, so 10 trees will be required for each of the 2.5 acres of tree canopy that will be removed. (If 35 % or more is removed, then each significant three that is removed is required to be replaced). This will require 25 trees. In addition, Code Section 32-1, Subd. 6 (q) (1) requires three trees per lot, or 45 trees for this subdivision. That is a total of 70 trees. The landscaping plan shows 91 trees being proposed. 71 of these meet the species and size requirements of the Code. Therefore, the proposed tree replacement is Code compliant. E. Park and Trail Dedication The developer proposes to donate Outlot A to the public to fulfill his public park dedication requirement. The outlot includes an 8 foot wide public bituminous trail along the edge of the Brown's Creek wetland buffer that would serve as a connecting link between the Millbrook trails to the north and both the future Neal Avenue trail and the McKusick trail. 4 Lots 4 and 8 with existing homes exempt. 51,000 sf of Outlot A that are disturbed for infiltration pond are included. 5 Lot 4 with existing home exempt. 51,000 sf of Outlot A disturbed for infiltration pond are included. Brown's Creek Cove August 13, 2015 Page 6 The trail would fulfill the subdivision's public trail dedication obligation. Actually, the trail's length and winding route along the edge of the wetland buffer will drive up its cost. Consequently, staff suggests that any cost above the standard trail dedication fee could be credited toward the public park dedication requirement. The Park Commission reviewed a similar plan in 2006 and determined that Outlot A should be private and not public. The Comprehensive Plan shows no public park needs on this site. So, City staff concurs with the recommendation. Instead, the public park obligation should be satisfied by fee in lieu of land. The fee currently is $2,000 for each of the 13 new homes being added to the park system, for a total of $26,000. Payment of this fee would be required prior to release of the final plat for recording with Washington County. F. Wetland and Stream Buffering As mentioned above, there are wetlands along Brown's Creek. The delineated edge of the wetlands has been included in the attached plan set. No wetland impacts are proposed, and therefore no mitigation is necessary. The stream and wetlands have two sets of buffering standards. One set is promulgated by the Department of Natural Resources and is regulated by the City's Shoreland Management section of the Zoning Ordinance. The other is from the Brown's Creek Watershed District. The Shoreland Management rules require establishing a 100 foot wide buffer measured from the centerline of Brown's Creek. Brown's Creek Watershed District (BCWD) Rules require a 100 foot buffer measured from the delineated edge of the wetlands abutting Brown's Creek. This encompasses an area wider than the Shoreland Management rules. No grading or other impacts are allowed in the BCWD mandated buffer. But, the watershed district allows "buffer averaging". The developer proposes to provide the required wetland buffering by means of averaging. The edge of the averaged buffer must be approved by the BCWD Board prior to submission of the Final Plat application for this development. G. Model Home Typically the City allows one model home to be built per development, or development phase. The building permit for the model would be issued after filing the plat with Washington County and upon payment of development fees to the City. The one model home will be constructed on either Lot 11 or Lot 12. The building pads for these lots are already at or near final grade, and are located directly on the construction access to the project. This allows for materials delivery and public safety access at all times during site development. Brown's Creek Cove August 13, 2015 Page 7 III. CONDITIONAL USE PERMIT The Shoreland Management Overlay District section of the City Code (Sec 31-402) says in Subdivisions 4 (b)(2) and 4 (c)(2) that if a Conditional Use Permit is requested and approved by the City, "cluster residential development" can occur. The density of the clustered development is "not to exceed the development regulations of the zoning district". The City's Zoning Code does not define "cluster residential development", nor is it clear from this citation what is specifically meant by "regulations of the zoning district". Which district is meant by that? Is it the base zoning district or the shoreland management overlay district? Since State shoreland management rules are more or less clear about allowing increased density the further a property is away from the protected lake, the following interpretations are applied here (reviewed and approved by the City Attorney): 1. Since Sec 31-402 is dedicated to shoreland management, the reference to "the zoning district" is taken to mean the underlying base zoning district. If the overlay shoreland management district had been meant, the language would more appropriately have been "this overlay district", or something to that effect. 2. If the property is adjacent to the lake, State rules and City Code are clear that the lots along the lake must meet the minimum standard, which on South Twin Lake would be 40,000 square feet. (There is even an exception allowed by the DNR to this, which would be through the use of a Planned Unit Development approach.) 3. Beyond the shoreline tier of lots, the density development can increase by State rules. But, in no instance can the density increase beyond that allowed by "the (base) zoning district". So, on this property, since there is no lakeshore involved, and the land is on the periphery of the 1,000 foot wide Lake Overlay District, the lot sizes would be regulated by the base zoning district, which is TR, Traditional Residential. In addition to lot sizes, Section 31-402 addresses uses of land. The single-family residential use is specifically permitted. Therefore, since use and lot size are consistent with City Code, the Conditional Use Permit for "cluster residential development" could be approved. ALTERNATIVES A. Approval If the City Council finds the proposal to be satisfactory, it could approve the Preliminary Plat and CUP by adopting the attached Resolution of Approval, which includes the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Existing Conditions Sheet C2 dated 6/19/15 • Site Layout Plan Sheet C3 dated 6/19/15 Brown's Creek Cove August 13, 2015 Page 8 • Erosion Control Plan Sheet C4 dated 6/19/15 • Grading Plan Sheet C5 dated 6/19/15 • Street Plan & Profile Sheet C6 dated 6/19/15 • Sanitary sewer & Water Plan Sheet C7 dated 6/19/15 • Storm sewer plan & profile Sheet C8 dated 6/19/15 • Details Sheet C9, C10, C11, C12 dated 6/19/15 • Landscape Plan Sheet L1 dated 6/19/15 2. The Final Plat application materials must document a maximum of 25% impervious cover on Lot 8. Excess impervious surface must be removed prior to release of development sureties. 3. The landscape plan submitted with Final Plat application materials must specify proposed ground cover in all disturbed areas. To the extent that this lies within the creek and wetland buffer, reestablished vegetation will need to be native grasses and vegetation rather than turf. 4. The Final Plat application materials must detail the dimensions and setbacks of the building pads on all of the lots. 5. The development impact fees and trunk utility fees (a total of $172,389.28) must be paid to the City prior to release of the final plat for recording with Washington County. 6. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 7. The Washington County Highway Department requires that the Final Plat include a notation that access will be restricted along McKusick Road. 8. Review comments from the Brown's Creek Watershed District must be addressed in the Final Plat application materials. This includes review and approval of the location of the averaged wetland buffer limits. 9. A trail easement found satisfactory in form and content to the City Attorney shall encumber the trail alignment over Outlot A in favor of the public, and shall be filed at Washington County together with the Final Plat. 10. A trail easement found satisfactory in form and content to the City Attorney shall encumber the trail alignment over Lot 2 in favor of the public, and shall be filed at Washington County together with the Final Plat. 11. On the Final Plat application materials, Outlot A must be shown as private rather than a public park. 12. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction prior to release of the Final Plat for filing with Washington County. 13. Prior to release of the final plat for recording with Washington County, a $26,000 park dedication fee shall be submitted to the City (minus any credit for pre -approved excess trail costs). In the alternative, the developer may pay the $26,000 park dedication fee prior to release of the plat, and upon completion of the trail any credit determined to be applicable by the City Engineer would then be reimbursed to the developer. 14. One model home may be constructed on either Lot 11 or Lot 12. The building permit for the one model will only be issued after filing the plat with Washington and after development fees are paid to the City. Brown's Creek Cove August 13, 2015 Page 9 C. Table If the City Council finds that the preliminary plat application is not complete enough to make a decision, it could continue the review for additional information. D. Denial If the City Council finds the proposal to be unsatisfactory, it could be denied. With a denial, the basis of the action should be given. RECOMMENDATIONS The Planning Commission unanimously recommends approval of the Preliminary Plat and CUP requests with the conditions found above. Staff also recommends approval of the Preliminary Plat and Conditional Use Permit with the conditions found in Alternative A above. cc Todd Baumgartner Todd Erickson Attachments: Resolution of Approval Location Map Zoning Maps Lot 8 Impervious Surface sketch Development Plan Set CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION APPROVING THE PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR BROWN'S CREEK COVE, A SINGLE-FAMILY DEVLOPMENT LOCATED ON NEAL AVENUE NORTH CASE NO. 2015-20 WHEREAS, Todd Baumgartner of WB Development, LLC has made application for approval of a Preliminary Plat for a 15 lot single-family development, and a Conditional Use Permit for "cluster residential development" on property legally described as follows: See Exhibit A; and WHEREAS, on July 8, 2015 the Planning Commission held a public hearing on the case and on a unanimous vote recommended approval of both the Preliminary Plat and Conditional Use Permit; and WHEREAS, on August 18, 2015 the City Council held a public hearing to consider the development proposal; and WHEREAS, the Preliminary Plat and Conditional Use Permit are consistent with the City's Zoning and Subdivision Ordinances, and the City's infrastructure can support the proposed development. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the requested Preliminary Plat and Conditional Use Permit for BROWN'S CREEK COVE with the following conditions: Res No. 2015 - Page 2 of 4 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Existing Conditions • Site Layout Plan • Erosion Control Plan • Grading Plan • Street Plan & Profile • Sanitary sewer & Water Plan • Storm sewer plan & profile Sheet C2 dated 6/19/15 Sheet C3 dated 6/19/15 Sheet C4 dated 6/19/15 Sheet C5 dated 6/19/15 Sheet C6 dated 6/19/15 Sheet C7 dated 6/19/15 Sheet C8 dated 6/19/15 • Details Sheet C9, C10, C11, C12 dated 6/19/15 • Landscape Plan Sheet L1 dated 6/19/15 2. The Final Plat application materials must document a maximum of 25 % impervious cover on Lot 8. Excess impervious surface must be removed prior to release of development sureties. 3. The landscape plan submitted with Final Plat application materials must specify proposed ground cover in all disturbed areas. To the extent that this lies within the creek and wetland buffer, reestablished vegetation will need to be native grasses and vegetation rather than turf. 4. The Final Plat application materials must detail the dimensions and setbacks of the building pads on all of the lots. 5. The development impact fees and trunk utility fees (a total of $172,389.28) must be paid to the City prior to release of the final plat for recording with Washington County. 6. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 7. The Washington County Highway Department requires that the Final Plat include a notation that access will be restricted along McKusick Road. 8. Review comments from the Brown's Creek Watershed District must be addressed in the Final Plat application materials. This includes review and approval of the location of the averaged wetland buffer limits. 9. A trail easement found satisfactory in form and content to the City Attorney shall encumber the trail alignment over Outlot A in favor of the public, and shall be filed at Washington County together with the Final Plat. 10. A trail easement found satisfactory in form and content to the City Attorney shall encumber the trail alignment over Lot 2 in favor of the public, and shall be filed at Washington County together with the Final Plat. 11. On the Final Plat application materials, Outlot A must be shown as private rather than a public park. 12. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction prior to release of the Final Plat for filing with Washington County. 13. Prior to release of the final plat for recording with Washington County, a $26,000 park dedication fee shall be submitted to the City (minus any credit for pre -approved excess trail costs). In the alternative, the developer may Res No. 2015 - Page 3 of 4 pay the $26,000 park dedication fee prior to release of the plat, and upon completion of the trail any credit determined to be applicable by the City Engineer would then be reimbursed to the developer. 14. One model home may be constructed on either Lot 11 or Lot 12. The building permit for the one model will only be issued after filing the plat with Washington and after development fees are paid to the City. Enacted by the City Council of the City of Stillwater, Minnesota this 18TH day of August, 2015. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane Ward, City Clerk Res No. 2015 - Page 4 of 4 Exhibit A 0 The Birthplace of Minnesota Brown's Creek Cove 8528 and 8602 Neal Avenue North Subject Properties Parcel Boundaries 0-- Municipal Boundary 470 940 General Site Location u 1,880 Feet OD 04 O O < O 0 NM N sir 1 Lo \ �.._. Sx /7.1. South Twin Lake 2720 12770 12850 6692 Sugect prapert 8528 1690 1840 1829 t`i' 1780 7140 1800 1801 174,4111/Matek. 15 1745 5794 TVr C CRi t ad - 13033 13093 13121 13277 8400 8077 1205 1201 2401 8190 2359 114* �r z399 440frdraiL '. r OEMB 1 � 1218 rr r41 1200. 1 2419 ,., .. 2280 4109 11 09 au The Birthplace of Minnesota Brown's Creek Cove Preliminary Plat Zoning & Location Zoning Districts A -P, Agricultural Preservation RA - Single Family Residential RB - Two Family TR, Traditional Residential LR, Lakeshore Residential CR, Cottage Residential CTR, Cove Traditional Residential ▪ CCR, Cove Cottage Residential CTHR, Cove Townhouse Residential ▪ TH, Townhouse RCM - Medium Density Residential RCH - High Density Residential VC, Village Commercial ▪ CA - General Commercial - COD -, Central Business District BP -C, Business Park - Commercial - BP -O, Business Park - Office BP -I, Business Park - Industrial _ IB - Heavy Industrial ▪ CRD - Campus Research Development Mr PA - Public Administration MIPROS - Park, Rec or Open Space Public Works Facility ROAD WATER South Twin Lake Subject Property To 4) Z McKusick Road 872' apprx edge of floodplain INE SIflHI LACE OF MINN1150T1 Brown's Creek Cove Preliminary Plat Zoning //� Lake Shoreland Overlay District Stream Shoreland Overlay District Zoning Districts A -P, Agricultural Preservation RA - Single Family Residential RB - Two Family TR, Traditional Residential • LR, Lakeshore Residential CR, Cottage Residential ▪ CTR, Cove Traditional Residential ▪ CCR, Cove Cottage Residential CTHR, Cove Townhouse Residential TH, Townhouse RCM - Medium Density Residential RCH - High Density Residential VC, Village Commercial - CA - General Commercial ▪ CBD - Central Business District BP -C, Business Park - Commercial I. BP -O, Business Park - Office BP -I, Business Park - Industrial • IB - Heavy Industrial • CRD - Campus Research Development - PA- Public Administration PROS - Park, Rec or Open Space ® Public Works Facility ROAD WATER EXISTING HOME TO REMAIN All Rights Reserved © 2015 - T. Erickson, LLC - Ericks BROWNS CREEK COVE LAKE EL1o, _MINNESOTA PRELIMINARY PLAT JUNE 19, '013 OUTLOT H N89°23'08"W 667.83 OAK GLEN TRA/L \ LOT 1 \ \ \ LOT 2 LOT 11 LOT 10 by LOT 9 o CO RK OUTLOTA EXISTING HOME TO REMAIN LOT 8 ? =5°00'00'2 - 216.46 N89°44' 27"E' EXCEPTION I A/ /1 V DI A T Ain 84 15 TJNIT SINGLE FAMILY RESIDENTIAL SUBDIVISION 50 0 50 100 150 FEET GRAPHIC SCALE Site Location Map Section 19, T3ON - R2OW Washington County, Minnesota NW Y4 SW PLAN SHEET INDEX: 19 NE% SITE- - SE Neal Avenue North SHEET NO. SHEET ID DESCRIPTION 1 C1 TITLE SHEET 2 C2 EXISTING CONDITIONS & DEMO PLAN 3 C3 SITE LAYOUT PLAN 5 C5 EROSION CONTROL PLAN 6 C6 GRADING PLAN 7 C7 STREET PLAN & PROFILE 8 C8 SANITARY SEWER & WATERMAIN PLAN 9 C9 STORM SEWER PLAN 10 C10 DETAILS 11 C11 DETAILS 12 C12 DETAILS NOTE: ALL CONSTRUCTION SHALL COMFORM TO THE STANDARDS OF THE CITY OF STILLWATER ERICKSON CIVIL 333 North Main Street, Suite 201 Stillwater, Minnesota 55082 Phone (612) 309-3804 www.ericksoncivilsite.com DRAWING PHASE: THE STA F MINNESOTA OWNER REVIEW Ai AGENCY REVIEW LICENSE NO. BID DOCUMENT DATE: FOR CONSTRUCTION AS -BUILT DOCUMENT 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 PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STA F MINNESOTA Ti• DD A. RICKSON, PE 40418 LICENSE NO. 06/19/2015 DATE: OWNER/DEVELOPER U J � J c) co C) ) Z cn Lll 115 CO c co o CL a O�c o c w o co L1.1 2c1) CCI co Dow PROJECT TITLE LIJ I— O 0 Q w Z w� �Q U Z_ Z J Q a- J ca JOB NO. 14-172 SHEET TITLE TITLE SHEET SHEET NO. C1 SHEET 1 OF 12 REVISION DESCRIPTION 0 z JOB NO. 14-172 SHEET TITLE TITLE SHEET SHEET NO. C1 SHEET 1 OF 12 it - All Rights Reserved © 2015 - T. Erickson, LLC - Ericks BF 902.1 (902.p) --SAN WO BF 901.2 (900.7) 1.2" VALVE (0+50) GF 9U/.3 LO LO 902.0 BF 899.0 WO BF 899.0 WO BF 901.0 v„Vs LO LO 906.0 BF 903.0 (905.5) (901.5) (900.5) / (895) L B R 0 0 K 0(17-01- (901.5) vTL0T CUSTOM F. 944 SAN SAN SAN SET LATH ON PARCEL LINE --, '" IRON' AT #r 61r4 r NIF Nt,,,V. 41* A- 4\ FOUND 1/2" IRON PIPE MARKED RLS 12294 AT PARCEL CORNER ----- - - OAK GLEN TR •• i 44) • • 4.6 • 40 • 218 4 4, 41 • 414‘ ;�� / FOUND 'N2" IRON-'/ FOUND 1/2" IR� PIWE MARKED PV'E / -ALS 12294 ON PARCEL LINF 1 i ON _INE IRND ON DE DRAINAGE EASEMENT PER DOC. NO. 714998 FOUND WASH. CO. R/W DISC. B -1U1 113.68 R-1343.16 ' WR4°4427"E PARCEL NO. 5 PER WASHINGTON EXCEP T/ON,---COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 84 PARCEL NO. 5 PER WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 84 z WA SHlNG TON COUNTY Y HIGHWAY RIGHT OF WAY PLAT NO. 84 40 0 40 80 120 FEET GRAPHIC SCALE Legend Keyed Notes PROPERTY BOUNDARY EXISTING 2 -FT CONTOUR TREE/BRUSH REMOVAL AREA SIGNIFICANT TREES SCHEDULED FOR REMOVAL SIGNIFICANT TREES TO REMAIN ORANGE TREE PROTECTIVE FENCING HEAVY DUTY SILT FENCING sos EXISTING WATER SERVICE SHALL BE CRIMPED SEALED AT LOT LINE AND REMOVED TO EXISTING HOME. EXISTING GARAGE SHALL BE DEMOLISHED AND REMOVED FROM SITE. EXISTING SHED SHALL BE DEMOLISHED AND REMOVED FROM SITE. EXISTING OVERHEAD ELECTRICAL LINES SHALL BE REMOVED AND NEW POWER SHALL BE ROUTED TO EXISTING HOME. COORDINATE WITH EXISTING OWNER FOR TIMING OF CHANGE OVER. EXISTING WELL SHALL BE ABANDONED PER MINNESOTA DEPARTMENT OF HEALTH REQUIREMENTS. WELL CASING SHALL BE REMOVED A MINIMUM OF 20 -FT BELOW GRADE AND CAPPED. EXISTING BIT. DRIVE SHALL BE REMOVE AS INDICATED. REMOVE EXISTING POWER POLE REMOVE EXISTING CURB. REMOVE EXISTING CURB STOP AND BOX AND BLOW OFF FOR WATERMAIN CONNECTION. Note: 1) Prior to the removal of any trees, first contact the City Landscape Architect for a review and approval of tree protection measures. 2) Tag all trees to be removed in field with bright ribbon as well as install all tree protection fencing/measures for City Review and Approval prior to any tree removal activities. 3) Tree Planting Contractor to Field Stake all Trees located on City Outlots and All Right of Way Areas for Approval by City Landscape Architect Prior to Planting. Notify City Landscape Architect via writing once tree locations are staked and allow for up to two weeks for Landscape Architect to schedule and complete on-site review with Tree Planting Contractor. ERICKSON CIVIL 333 North Main Street, Suite 201 Stillwater, Minnesota 55082 Phone (612) 309-3804 www.ericksoncivilsite.com DRAWING PHASE: THE STAT F MINNESOTA OWNER REVIEW ti AGENCY REVIEW LICENSE NO. BID DOCUMENT DATE: FOR CONSTRUCTION AS -BUILT DOCUMENT 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 PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STAT F MINNESOTA T46/1/:-/-4/ DD RICKSON, PE 40418 LICENSE NO. 06/19/2015 DATE: OWNER/DEVELOPER O co Q)O) co� co Lc) -o co \�\ cc i)) W Al c o c o w C'7 ti PROJECT TITLE w I— O 0 U Q � � Z w >- -- L.1- U Z ID Z J Q rIa m 1- DATE REVISION DESCRIPTION 0 JOB NO. 14-172 SHEET TITLE EXISTING CONDITIONS SHEET NO. C2 SHEET 2 OF 12 All Rights Reserved © 2015 - T. Erickson, LLC - Ericks c � 0 O O f) 134.6 LOT 1 10,301 sq.ft. I 1 \ \ 143.5 MILLB N89°23'08"W 667.83 ROOK OUTLOT H 92.1 LOT 15 / / i 10,070 sq.ft. / / I / "O // ---114:0- — / / / / / / r •I \ —i—\ LOT 14 10,108 sq.ft. 61.2 7 r 124.0 LOC 1 , , LOT 13 10,495 sq.ft. / / / LOT 12 13,244 sq.ft. / s 177 \\ LOT 2 / 727 \ 10,551 sq.ft. \ / I / / 1 L 25 4 ------ —� 67.8 / / / LOT 11 13,730 sq.ft. 5e� 58. 28 / / / EXISTING HOME / TO REMAIN LOT 4 12,373 sq.ft. /' \ / 1 82.50 -' N89°48'59"E cp T 0E / / / yNE 46 2 \ / / / / \ \ LOT 7 \ \ 212- 7 2:2 LOT 110 11,352 sq.ft LOT 9 l 19,917 sq.ft. / 14,854 sq.ft. \ CKI \ \ PARK 164,889 sq. ft. \ \ / \ \ _ I\ \ \ -_ ' G \ \ \ 600 /1).. \ \ +0941 \\ ts 617C95; \ 9sF \ mac(` ----\ \ T'OF OUTLOT.-, 15 DRAINAGE EASEMENT PER =v= \ DOC. NO. 714998 .'.�\ \ / / / / / / / � /' /i / / /� / / / / / / / / / 1/ / / I / r I _ ' /1 , , 113.68 -L=129.08' ?=5°30'22;" I R=1343.16 ---- ' PARCEL NO. 5 PER WASHINGTON EXCEP T/ON,- -COUNTY HIGHWAY RIGHT OF WAY / PLAT NO. 84N84°4427"E 36.1 / / 93.6 EXISTING HOME TO REMAIN LOT 8 18,350 sq.ft. 82.8 50 O CO N ?=5°00'00'= L=127.68 R=1463.16 MCKUSICK ROAD NORTH (CO, RD. NO, 64) EXCEPTION 0 WA SHING TON COUNTY Y HIGHWA Y RIGHT OF WAY PLA T NO. 84 216.46 N89°44'27"E PARCEL NO. 5 PER WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 84 NOO°16'01"W OAK GLEN TRAIL LLI P b z 40 0 40 80 120 FEET GRAPHIC SCALE Legend PROPERTY BOUNDARY Development Standards FRONT SETBACK FRONT SETBACK GARAGE FRONT FACING FRONT SETBACK GARAGE SIDE FACING GARAGE SIDE SETBACK SIDE SETBACK (CORNER LOTS) HOUSE SIDE SETBACK REAR SETBACK TYPICAL LOT WIDTH: TYPICAL LOT DEPTH: SIDE YARD EASEMENT: FRONT AND REAR EASEMENT: MINIMUM LOT SIZE: AVERAGE LOT SIZE: * UNLESS SHOWN ON PRELIMINARY LAYOUT 20' 27' 20' 5' 15' HOUSE, 20' GARAGE 10' 25' 75' VARIES 5' * 10' * 10,070 SQ. FT. 12,556 SQ. FT. NOTE: DRAINAGE AND UTILITY EASEMENTS SHOWN FOR 100 -YEAR HWL OF PONDING AREAS D&U EASEMENT @ 100 YEAR HWL, L TRAIL OR UTILITY EASEMENT LOT WIDTH AT REAR OF LOT BLOCK NUMBER AREA OF LOT IN SQUARE FEET LOT WIDTH AT RIGHT OF WAY TYPICAL LOT DETAIL FRONT OF LOT REAR OF LOT PROPOSED TYPICAL EASEMENT DETAIL NOTE: EASEMENTS GREATER THAN THE TYPCIAL WIDTHS SHOWN ABOVE WILL BE DEPICTED ON THE PLAN FOR STORM POND 100 -YEAR HWL AND FOR ADDTIONAL WIDTH FOR ACCESS TO PIPES AND PONDS. SEE DETAIL ABOVE FOR DEPICTION OF THIS TYPE OF EASEMENT. ERICKSON CIVIL 333 North Main Street, Suite 201 Stillwater, Minnesota 55082 Phone (612) 309-3804 www.ericksoncivilsite.com DRAWING PHASE: THE STA F MINNESOTA. OWNER REVIEW If AGENCY REVIEW LICENSE NO. BID DOCUMENT DATE: FOR CONSTRUCTION AS -BUILT DOCUMENT 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 PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STA F MINNESOTA. • Ti/Dib A. RICKSON, PE 4041 8 LICENSE NO. 06/1 9/201 5 DATE: OWNER/DEVELOPER 0 0 I:1 co c13 0 PROJECT TITLE BROWNS CREEK COVE PRELMINARY PLAT STILLWATER, MINNESOTA DATE REVISION DESCRIPTION o z SHEET TITLE SITE LAYOUT PLAN SHEET NO. C3 SHEET 3 OF 12 I I I V I II a- 11 J <<, ,'TR -Q -0K I OUTLOT SAIL - ..6A ` N89°23'08"W 667.83 \ \00 i \i C0 02 I \\ COI I \\ I r 7 / V pa • oo 1/ A 906 ce 12e— it - All Rights Reserved kson, LLC - Er © 2015 - T. E cP i '1i101 0 A' ,*A. $' • Pi` v 4A:,24,4,,, :A ‘ ,",i'' 44/#-Af0J4 s4 c0,,_.4‘ • cP 910 A • • 7 44 TELE. PED • irj TELE. ED 1 • 11 • • • • • • DRAINAGE EASEMENT PER DOC. NO. 714998 / 1 - EL NO. 51611PER6W8ASH I NGTON EX°HCL--EP 7/0 N,71 PCLOAUTNNTOY,H814GHWAY RIGHT OF WAY —868 OHL • • • • • • • • : • • • • • • • • • • 00 • • MCKUSICK ROAD NORTH • 1— • • • • • • • • METER • GAS METER • / • • • • • • • • • OH z„. pCLOAUTNNT0Y.„..H84.IGHWArRIGHT • • • • • • la e ti \ 0 • LEGEND 1030 444 • • PROPERTY BOUNDARY EXISTING 2 -FT CONTOUR INTERVAL PROPOSED 2 -FT CONTOUR INTERVAL PROPOSED STORM SEWER (SIZE INDICATED ON PLANS) HEAVY DUTY SILT FENCE INSTALL DITCH CHECK (MNDOT SPEC. 9" BIO LOG) ROCK CONSTRUCTION ENTRANCE EROSION CONTROL BLANKET (CAT. 2, WOOD FIBER) (CAT. 4, IN BOTTOM OF SWALES) 50 0 50 100 150 FEET SEEDING: 1) LOTS AND OPEN SPACE, LOW GROW FESCUE @ 220 LBS./ACRE. 2) OPEN SPACE TO INCLUDE 1 LB./ACRE LIATRIS, CONE FLOWER, BLACK EYED SUSAN & BUTTERFLY WEED. 3) INFILTRATION AREA, MN/DOT TYPE 33-261 @ 35 LBS./ACRE WITH 1 LB. PER ACRE SWAMP MILKWEED. TOPSOIL: 6" MINIMUM DEPTH, MEETING MNDOT SPEC. FOR TOPSOIL BORROW. GRADING AND EROSION CONTROL NOTES: GRAPHIC SCALE 1) SPOT ELEVATIONS ARE ALL GUTTER LINE OR FINISHED ELEVATION UNLESS NOTED OTHERWISE. 2) ELEVATIONS/CONTOURS SHOWN AS FINISHED GRADE ELEVATIONS. 3) REFER TO GEOTECHNICAL REPORT FOR ADDITIONAL REQUIREMENTS. 4) WASHINGTON COUNTY PERMIT REQUIRED FOR GRADING AND ACCESS TO COUNTY RIGHT OF WAY. 5) DO NOT SPREAD TOPSOIL WHILE IT IS FROZEN OR MUDDY OR WHEN THE SUBGRADE IS WET OR FROZEN. CORRECT ANY IRREGULARITIES IN THE SURFACE THAT RESULT FROM TOPSOIL SPREADING OR OTHER OPERATIONS TO PREVENT THE FORMATION OF DEPRESSIONS OR WATER POCKETS. BERMING OR DOUBLE LAYERING OR BIO LOG MAY BE REQUIRED TO CONTAIN RUNOFF IF SILT FENCING CANNOT BE INSTALLED PROPERLY DURING FROZEN CONDITIONS. 6) CONTRACTOR SHALL SCHEDULE SOILS TESTING FOR EACH STRUCTURAL FILL AREA, PAD AND STREET AREA. 7) PRIOR TO ROUGH GRADING, INSTALL FIBER ROLLS AND SILT FENCE IN LOCATIONS SHOWN OR AS DIRECTED BY THE ENGINEER OR CITY STAFF. 8) AS EACH AREA OUTSIDE OF THE STREET IS GRADED, PROVIDE 6" OF NATIVE TOPSOIL, SEED AND MULCH ANCHORED WITH A STRAIGHT DISC WITHIN 48 HOURS OF FINE GRADING. 9) SLOPES 3:1 AND GREATER SHALL BE STABILIZED WITH FIBER BLANKET 10) MAINTAIN AND REPAIR FIBER ROLL AND SILT FENCE (INCLUDING REMOVAL OF ACCUMULATED SILT WITHIN 24 HOURS UPON DETECTION OR NOTIFICATION) UNTIL VEGETATION IS 70% ESTABLISHED. KEYED NOTES 11) CONTRACTOR TO INSPECT AND DOCUMENT EROSION CONTROL A MINIMUM OF ONCE EVERY SEVEN DAYS AND WITHIN 24 HOURS OF ANY RAIN EVENT GREATER THAN 1/2 INCH IN 24 HOURS AND WITHIN SEVEN DAYS AFTER THAT EVENT. 12) FIBER ROLL AND SILT FENCE FOUND DAMAGED MUST BE REPAIRED OR REPLACED W/IN 24 HOURS UPON DISCOVERY. REMOVAL OF FIBER ROLL AND SILT FENCE REQUIRED AFTER SITE IS STABILIZED (AT DIRECTION OF ENGINEER). 13) ALL PUBLIC STREETS SHALL BE KEPT FREE OF SEDIMENT AND DEBRIS. ANY SEDIMENT OR DEBRIS DETECTED MUST BE REMOVED WITHIN 24 HOURS OR AS DIRECTED BY CITY. 14) ALL EXPOSED SOIL SHALL BE STABILIZED AS SOON AS POSSIBLE, BUT NO LATER THAN 14 DAYS AFTER CONSTRUCTION ACTIVITY HAS TEMPORARILY OR PERMANENTLY CEASED. 15) ALL PROPOSED AND EXISTING CATCH BASINS WITHIN PROJECT AREA SHALL BE PROVIDED INLET PROTECTION. REGULAR CLEANING OF PROTECTION SHALL OCCUR AND SHALL BE INCLUDED IN THE UNIT PRICE OF INLET PROTECTION. 16) ANY DEBRIS FOUND OR UNEARTHED ON THE SITE SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR FOR DISPOSAL AND PAID FOR AT THE UNIT PRICE PER CU. YD. OF DEBRIS REMOVAL. 17) 18) ON- SITE BURY OF TREES SHALL BE SCRICTLY PROHIBITED. TREES MAY BE BURNED WITH PROPER PERMITTING AND APPROVAL FROM CITY. ALL PIPE OUTFALLS SHALL BE PROTECTED WITH RIPRAP PER CITY DETAIL. 19) ALL CITY STANDARD NOTES SHALL BE FOLLOWED. INSTALL HEAVY DUTY SILT FENCE INSTALL ROCK CONSTRUCTION ENTRANCE INSTALL MNDOT SPEC. 9" BIO LOG INSTALL INLET PROTECTION INSTALL EROSION CONTROL BLANKET TYPE CAT. 2 WOOD FIBER AREA SHALL BE UNCOMPACTED WITH HARROW OR OTHER MEANS TO LOOSEN SOIL AND ALLOW FOR INFILTRATION. COMPOST/TOPSOIL SHALL BE MIXED WITH EXISTING CLEAN SAND FREE OF FINES AS APPROVED BY ENGINEER TO ACHIEVE A 80% SAND / 20% COMPOST MIXTURE. MATERIAL SHALL BE PLACED LOOSLY ON EXCAVATED AREA OF INFILRATION BASIN AND THEN LOOSENED WITH DISC TO A DEPTH OF 18 INCHES PRIOR TO SEEDING. ALL SHRUB PLANTINGS SHALL BE IN PLACE PRIOR TO FINAL DISC AND SEEDING OPERATION. ANY SILT FOUND IN BASIN SHALL BE REMOVED PRIOR TO PLACEMENT OF SAND/TOPSOIL MIXTURE. ERICKSON CIVIL 333 North Main Street, Suite 201 Stillwater, Minnesota 55082 Phone (612) 309-3804 DRAWING PHASE: THE STAT F MINNESOTA OWNER REVIEW li AGENCY REVIEW LICENSE NO. BID DOCUMENT DATE: FOR CONSTRUCTION AS -BUILT DOCUMENT 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 PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STAT F MINNESOTA T DD A. RICKSON, PE 40418 LICENSE NO. 06/19/2015 DATE: OWNER/DEVELOPER 0 0 LO LO if co PROJECT TITLE LLJ I— > 0 co 1— JOB NO. 14-172 SHEET TITLE EROSION CONTROL PLAN SHEET NO. C4 SHEET 4 OF 12 All Rights Reserved © 2015 - T. Erickson, LLC - Ericks / / / - i l -Q -0 K -SAN- AN N89°23'08" W 667.83 OUTL'OT H 895.4 O 0 O 00 / \ a co CO 0_, --14) T39 It rn cD CP to CP cg col CO AzsociraTi 5 _ ---'/ /— I/ A FIB \\/' \ Os 901.0 BF 900.7 92.0 / /\ / / o / N LOT() 4 FIB . /' TOB 903.0 \ E 902.7 \/ / 894.0 / G / / \ / 7 / 00 / rn \ LOT12 FIB l `.5)\e 9\ l F 09 / / \ \�10 J 6A -.874 '876- \ i►— IGN 902 '905r WL 902. ED 905.5 LO •\ • \ \,0 i N89°48'59"E TELE. PED lb \ \\ •4/o -v \ \ \\ \ \ N \\ • 0s cgr d' N \ \ c9Ir 1� \ \\ \ '9 \ \ \ \\\e\\d" \ \\ \\ \\ �� \ \ \ /� \ \ \ \ \\ \ T.o� s \ \ \ \ \ \\ \ \ \ \ \'R ' \ :\ \ \ \ N \\ \ \\ \ \ \ \ \ \ \ \ \ \ \\\ \ \ \\ \ \ \ \ \ \ \ / \\\ \ \;�\ \ \ ."-\\ \ \ \\ 1%/ \ "\ \ \ \ \ \ \ \ \\\ N \\ \ \ \ GAS / METER rzo EXISTING HOME \ TO REMAIN \ LOT 8 ELEC. METER 21 � I \ TLE. 1�7EDI / It 11 /1 / I I II r 1 1 \ / DRAINAGE EASEMENT PER =v=_, DOC. NO. 714998 III I \ III \ —L=129.08?=5°30'22''43.16 ' R-13 EXCEPTION_____ 0 \ 113.68 N84°44'277 E: PARCEL NO. 5 PER WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 84 L=127.68' ?; 5°00'00-- OHL--EXCE/ I `--10 OHL 0 WASHINGTON COUNTY HIGHVVAY RIGHT OF WAY PLAT NO. 84 N8 \ PARC4 NO. 5 RER \ COUNTY\HIGHWAY-RICHT PLAT NO. 84 GTON 0,4K GLEN TRAIL LLI LLI LLI Lc) 50 50 100 150 FEET GRAPHIC SCALE LEGEND - - - 1030 - - - 922.85 LP I HP EOF 1030 PROPERTY BOUNDARY EXISTING 2 -FT CONTOUR INTERVAL HIGH OR LOW POINT OF STREET PROFILE LOCATION AND ELEVATION HP = HIGH POINT, LP = LOW POINT, EOF = EMERGENCY OVERFLOW PROPOSED 2 -FT CONTOUR INTERVAL PROPOSED DRAINAGE ARROW E-110-00-411 PROPOSED STORM SEWER, STRUCTURES AND NUMBER REF. GRADING NOTES: 1) 2) 3) 4) 5) SPOT ELEVATIONS ARE ALL GUTTER LINE OR FINISHED ELEVATION UNLESS NOTED OTHERWISE. ELEVATIONS/CONTOURS SHOWN AS FINISHED GRADE ELEVATIONS. REFER TO GEOTECHNICAL REPORT FOR ADDITIONAL REQUIREMENTS. WASHINGTON COUNTY PERMIT REQUIRED FOR GRADING AND ACCESS TO COUNTY RIGHT OF WAY. DO NOT SPREAD TOPSOIL WHILE IT IS FROZEN OR MUDDY OR WHEN THE SUBGRADE IS WET OR FROZEN. CORRECT ANY IRREGULARITIES IN THE SURFACE THAT RESULT FROM TOPSOIL SPREADING OR OTHER OPERATIONS TO PREVENT THE FORMATION OF DEPRESSIONS OR WATER POCKETS. BERMING OR DOUBLE LAYERING OR FIBER ROLL MAY BE REQUIRED TO CONTAIN RUNOFF IF SILT FENCING CANNOT BE INSTALLED PROPERLY DURING FROZEN CONDITIONS. 6) CONTRACTOR SHALL SCHEDULE SOILS TESTING FOR EACH STRUCTURAL FILL AREA, PAD AND STREET AREA. 7) POND SHALL BE LINED PER DETAIL 7/C11 8) SEE DETAIL(S) FOR PAD CONSTRUCTION, SHEET C12 9) ALL CITY STANDARD NOTES AS FOUND ON SHEET C2 SHALL BE FOLLOWED. ERICKSON CIVIL 333 North Main Street, Suite 201 Stillwater, Minnesota 55082 Phone (612) 309-3804 www.ericksoncivilsite.com DRAWING PHASE: THE STA F MINNESOTA. OWNER REVIEW If AGENCY REVIEW LICENSE NO. BID DOCUMENT DATE: FOR CONSTRUCTION AS -BUILT DOCUMENT 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 PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STA F MINNESOTA. • Ti(Dib A. RICKSON, PE 40418 LICENSE NO. 06/19/2015 DATE: OWNER/DEVELOPER 0 0 1-0 I:1 CD C13 0 co PROJECT TITLE BROWNS CREEK COVE PRELMINARY PLAT STILLWATER, MINNESOTA JOB NO. 14-172 SHEET TITLE GRADING PLAN SHEET NO. C5 SHEET 5 OF 12 All Rights Reserved © 2015 - T. Erickson, LLC - Ericks 50 0 50 100 150 FEET GRAPHIC SCALE Legend EXTERIOR PROPERTY BOUNDARY DENOTES PROPOSED DECIDUOUS TREE DENOTES PROPOSED CONIFEROUS TREE DENOTES EXISTING DECIDUOUS TREE TO REMAIN DENOTES EXISTING CONIFEROUS TREE TO REMAIN Notes • 1) INSTALLING CONTRACTOR SHALL WARRANTY EACH TREE FOR A PERIOD OF TWO YEARS. 4" LAYER OF SHREDDED HARDWOOD MULCH. (UNLESS OTHERWISE NOTED) 6" SOIL SAUCER AROUND TREE. TRENCH. VERTICALLY CUT EDGE. THE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING THE PLUMBNESS OF TREES THROUGHOUT THE GUARANTEE PERIOD, THEREFORE STAKING IS AT THE CONTRACTOR'S DISCRETION. Ad�llllllllllllllllllllllllliijjllll BALL DIA. + 24" POLY STRAP 2/3 UP TREE. DOUBLE STRAND 14 GA. GUY WIRE. TOP OF ROOTBALL SHALL BE 3" ABOVE FINISH GRADE BEFORE BACKFILLING. GALVANIZED TURNBUCKLE. SEE SPECS. CUT AND REMOVE BURLAP, TWINE, AND/ OR WIRE FROM TOP 1/3 OF ROOT BALL. FLAG (ONE PER WIRE). EXISTING GRADE. GUYING STAKE DRIVEN BELOW FINISH GRADE. PLANTING MIXTURE. SEE SPECS. LOOSEN HARDPAN (8" MIN.) CONIFEROUS TREE PLANTING THE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING THE PLUMBNESS OF TREES THROUGHOUT THE GUARANTEE PERIOD, THEREFORE STAKING IS AT THE CONTRACTOR'S DISCRETION. POLY STRAP 2/3 UP TREE OR TO 1ST BRANCH. DOUBLE STRAND 14 GA. GUY WIRE. FLAG (ONE PER WIRE). TREE WRAP ni0ollfil411111111111111miiIMIIIIIiiiil""" "" 1 1"' _ ,1L�1, -,��u- � �''II,IIIIIIIIIIInWuunuunn ''��u�.. -IIF �L0IL=�J= ����' _��II�h :=7 _h.. =11=11=11'�O ��' II=.II' ILS��IIII�.:11, I r, 11-11 .11u=ku=�11=11=11=1111(=a= IAIL=u:=:a=.unit=,— -11=1=.1=.a== 'Ile& 11=11=n=11=11=11II-,:1=1=II=Iloll�. gina1.=Il--11=1=,'1'' II�IEI1,u — _Tollorll=� I 11= 11=1r-llaNan'=II'=11=11IY '01111 =Isar:i=lw ow..Vii - I:i =H :�I,I' 3" SOIL SAUCER AROUND TREE. BALL DIA. + 24" DO NOT CUT LEADER. GALVANIZED TURNBUCKLE. OPTIONAL, SEE SPECS. GUYING CABLE @ 3 GUYS PER TREE AS REQUIRED. OPTIONAL, SEE SPECS. FINISH GRADE BEFORE BACKFILLING. CUT AND REMOVE BURLAP, TWINE, AND/ OR WIRE FROM TOP 1/3 OF ROOT BALL. SEE PLAN FOR MULCH TYPE EXISTING GRADE. TOP OF ROOT BALL SHALL BE 3" ABOVE GUYING STAKE TO BE DRIVEN BELOW FINISH GRADE. PLANTING MIXTURE. SEE SPECS. LOOSEN HARDPAN (8" MIN.) STAKE TO BE 18" BELOW TREE PIT IN UNDISTURBED GROUND. DECIDUOUS TREE PLANTING ERICIiSON CIVIL 333 North Main Street, Suite 201 Stillwater, Minnesota 55082 Phone (612) 309-3804 www.ericksoncivilsite.com DRAWING PHASE: Plant Name Latin Name Quantity Size Type A Red Maple Acer Rubrum 11 2-1/2" DIA. B&B B Northern Pin Oak Quercus ellipsoidalis 3 2-1/2" DIA. B&B C Balsam Fir Abies balsamea 8 8—FT B&B D Black Hills White Spruce Picea glauca 21 8—FT B&B E Black Walnut Juglans nigra 9 2-1/2" DIA. B&B F Regal Prince Oak Quercus 'Regal Prince' 5 2-1/2" DIA. B&B G Sunburst Honey Locust Gleditsia triacanthos 'Suncole' 3 2-1/2" DIA. B&B H River Birch Clump Betula nigra 3 2-1/2" DIA. B&B I Siouxland Poplar Populus deltoides 'Siouxland' 12 2-1/2" DIA. B&B J Prairie Cascade Weeping Willow Salix 'Prairie Cascade' 2 2-1/2" DIA. B&B K Austrian Pine Pinus nigra 11 8—FT B&B L White Pine Pinus strobus 3 8—FT B&B 150 FEET GRAPHIC SCALE Legend EXTERIOR PROPERTY BOUNDARY DENOTES PROPOSED DECIDUOUS TREE DENOTES PROPOSED CONIFEROUS TREE DENOTES EXISTING DECIDUOUS TREE TO REMAIN DENOTES EXISTING CONIFEROUS TREE TO REMAIN Notes • 1) INSTALLING CONTRACTOR SHALL WARRANTY EACH TREE FOR A PERIOD OF TWO YEARS. 4" LAYER OF SHREDDED HARDWOOD MULCH. (UNLESS OTHERWISE NOTED) 6" SOIL SAUCER AROUND TREE. TRENCH. VERTICALLY CUT EDGE. THE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING THE PLUMBNESS OF TREES THROUGHOUT THE GUARANTEE PERIOD, THEREFORE STAKING IS AT THE CONTRACTOR'S DISCRETION. Ad�llllllllllllllllllllllllliijjllll BALL DIA. + 24" POLY STRAP 2/3 UP TREE. DOUBLE STRAND 14 GA. GUY WIRE. TOP OF ROOTBALL SHALL BE 3" ABOVE FINISH GRADE BEFORE BACKFILLING. GALVANIZED TURNBUCKLE. SEE SPECS. CUT AND REMOVE BURLAP, TWINE, AND/ OR WIRE FROM TOP 1/3 OF ROOT BALL. FLAG (ONE PER WIRE). EXISTING GRADE. GUYING STAKE DRIVEN BELOW FINISH GRADE. PLANTING MIXTURE. SEE SPECS. LOOSEN HARDPAN (8" MIN.) CONIFEROUS TREE PLANTING THE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING THE PLUMBNESS OF TREES THROUGHOUT THE GUARANTEE PERIOD, THEREFORE STAKING IS AT THE CONTRACTOR'S DISCRETION. POLY STRAP 2/3 UP TREE OR TO 1ST BRANCH. DOUBLE STRAND 14 GA. GUY WIRE. FLAG (ONE PER WIRE). TREE WRAP ni0ollfil411111111111111miiIMIIIIIiiiil""" "" 1 1"' _ ,1L�1, -,��u- � �''II,IIIIIIIIIIInWuunuunn ''��u�.. -IIF �L0IL=�J= ����' _��II�h :=7 _h.. =11=11=11'�O ��' II=.II' ILS��IIII�.:11, I r, 11-11 .11u=ku=�11=11=11=1111(=a= IAIL=u:=:a=.unit=,— -11=1=.1=.a== 'Ile& 11=11=n=11=11=11II-,:1=1=II=Iloll�. gina1.=Il--11=1=,'1'' II�IEI1,u — _Tollorll=� I 11= 11=1r-llaNan'=II'=11=11IY '01111 =Isar:i=lw ow..Vii - I:i =H :�I,I' 3" SOIL SAUCER AROUND TREE. BALL DIA. + 24" DO NOT CUT LEADER. GALVANIZED TURNBUCKLE. OPTIONAL, SEE SPECS. GUYING CABLE @ 3 GUYS PER TREE AS REQUIRED. OPTIONAL, SEE SPECS. FINISH GRADE BEFORE BACKFILLING. CUT AND REMOVE BURLAP, TWINE, AND/ OR WIRE FROM TOP 1/3 OF ROOT BALL. SEE PLAN FOR MULCH TYPE EXISTING GRADE. TOP OF ROOT BALL SHALL BE 3" ABOVE GUYING STAKE TO BE DRIVEN BELOW FINISH GRADE. PLANTING MIXTURE. SEE SPECS. LOOSEN HARDPAN (8" MIN.) STAKE TO BE 18" BELOW TREE PIT IN UNDISTURBED GROUND. DECIDUOUS TREE PLANTING ERICIiSON CIVIL 333 North Main Street, Suite 201 Stillwater, Minnesota 55082 Phone (612) 309-3804 www.ericksoncivilsite.com DRAWING PHASE: THE STA F MINNESOTA. OWNER REVIEW If AGENCY REVIEW LICENSE NO. BID DOCUMENT DATE: FOR CONSTRUCTION AS -BUILT DOCUMENT 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 PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STA F MINNESOTA. • T:®DD A. RICKSON, PE 40418 LICENSE NO. 06/19/2015 DATE: OWNER/DEVELOPER PROJECT TITLE BROWNS CREEK COVE PRELMINARY PLAT STILLWATER, MINNESOTA DATE REVISION DESCRIPTION 0 z JOB NO. 14-172 SHEET TITLE LANDSCAPE PLAN SHEET NO. L1 SHEET 1 OF 1 i11water. THE BITHPLACEOFMINNESQTA TO: Mayor & Council Members FROM: Bill Turnblad, Community Development Director DATE: August 14, 2015 RE: Hazel Place Villas Preliminary Plat The public hearings for this case were originally noticed to occur on July 15th before the Planning Commission and August 18th before the City Council. But, the Planning Commission tabled action in July. Therefore, the case will not be ready for Council consideration until September 1St Therefore, staff requests the Council to open the hearing at its August 18th meeting, but to continue it without discussion until September 1St ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SEC. 29-3 The City Council of the City of Stillwater does ordain: 1. Amending. The City Code is amended by adding Sec. 29-3 Subd. 4 to the City Code that will hereafter read as follows: "Subd. 4. Installation of Individual Sewage Disposal Systems. The construction and maintenance of individual subservice sewage disposal systems is performed by the Washington County Depat talent of Public Health and Environmental Services pursuant to an Agreement approved by the City Council on August, 18th 2015." 2. Amending. The City Code is amended by adding Sec. 29-9 (a) to the City Code that will hereafter read as follows: "(a) Washington County's Subsurface Sewage Treatment System Regulations, as set forth in Ordinance No. 179 (Washington County Development Code Chapter 4) as in effect on August 1 8th, 2015 is hereby adopted by reference in its entirety, except as specifically modified by this Chapter." 3. Saving — In all other ways the City Code with remain in full force and effect. 4. Effective date. This ordinance will be in full force and effect from and after its passage and publication according to law. Adopted by the City Council the day of September, 2015. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, Clerk i!iwatr Administration Date: August 14, 2015 TO: Mayor & Council FROM: Shawn Sanders, Public Works Director SUBJECT: 2015 Street Improvement Bids On Thursday, August 13th, bids were received for the 2015 Street Improvement Project. Results and recommendation will be available at Tuesday's meeting. MEMORANDUM TO: Mayor and City ,,Council ;'D FROM: Shawn Sandeirector of Public Works DATE: August 10th, 2015 RE: Hazel Street- No Parking BACKGROUND City staff has received a few concerns/complaints in the Hazel Street neighborhood west of TH 95 on the increased traffic and the increase number of vehicles parking on the street since the opening of the Browns Creek Trail. Over the past few weeks, I approached the residents to discuss some of these concerns, and they all mention the poor visibility due to the steep incline of the road, and narrow driving lanes when vehicles are parked on the road. Since the residents are aware of this, they know enough not to park in the streets, but now there some seems to be an increase in parked traffic from trail users that has raised their concerns. Street widths on Hazel Street range from 18 feet near the trail to 24 feet at First Street, if vehicles are parked in the streets, thru traffic would have to drive in the opposite lane. This combined with the steep grade of the road, (up to 18%), the potential is there for an accident exists. To eliminate this concern, a few options were presented. The one that met the most satisfaction was to eliminate parking on both sides of Hazel Street from the trail west to approximately 50 west of North First Street. This opt RECOMMENDATION It is recommended that Council consider to approve no parking for Hazel Street from intersection of the Browns Creek Trail west to 50 feet west of N. First Street. ACTION REQUIRED If Council agrees with the Recommendation, they should pass RESOLUTION NO. 2015-_ APPROVING NO PARKING FOR HAZEL STREET FROM THE BROWNS CREEK TRAIL WEST TO 50 FEET WEST OF N. FIRST STREET. RESOLUTION 2015 - AUTHORIZING NO PARKING ON HAZEL STREET FROM BROWNS CREEK TRAIL WEST TO 50 FEET WEST OF N. FIRST STREET. WHEREAS, the City Engineer has presented concerns with regard to the parking now allowed on Hazel Street: and NOW THEREFOR BE IT RESOLVED That Parking be prohibited on HAZEL STREET FROM THE INTERSECTION OF BROWNS CREEK TRAIL WEST TO 50 FEET WEST OF N. FIRST STREET and that "No Parking" sign be installed along with a painted yellow curb; and The various City Staff responsible for this action are authorized to complete this work in order effectuate this City Council directive Adopted by the Council this 18th Day of August 2015. Ted Kozlowski, Mayor Diane F. Ward, City Clerk Washington County BOARD AGENDA AUGUST 18, 2015 — 9:00 A.M. oard of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel,Chair, District 3 Karla Bigham, District 4 Lisa Weik, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibilityor function of WashingtonCountyGovernment, 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 meetingbegins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city ofresidence and presentyour comments. Your commentsmust be addressed exclusivelylo 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'spresentationifit becomesredundant, repetitive, overlyargumentative, or Or is not relevant to an issue that is part of Washington County'sResponsibilities 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 General Administration — Molly O'Rourke, County Administrator 5. 9:20 Commissioner Reports — Comments — Questions This period of time shall beused by the Commissioners to report to the full Board on committee activities, make comets on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive boardaction during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. Board Correspondence 7. 9:35 Adjourn 8. 9:35 to 2016 Proposed Budget Workshops 10:40 -Property Records and Taxpayer Services — Jennifer Wagenius, Director -Public Works — Don Theisen, Director 9. 10:45 to Board Workshop with Public Works — Gary Warren, Vice President Planning, Development & 11:45 Environment, Metropolitan Airports Commission Review Draft 2035 Long -Term Comprehensive Plan for the Lake Elmo Airport Break for Lunch — 11:45 to 12:05 10. 12:05 to Board Workshop with Public Works — Jan Lucke, Transit/Transport Planning Manager 12:25 Discuss Proposed 2016 Counties Transit Improvement Board Grant Requests 12:30 Personnel Committee Meeting Assistive listening devices am available for use in the County Board Room 5' vnu "Port acci<lane.. HuP tnslisah(LiLz ..r lanauarP harrior nleasP ca/ /A_S iean_annn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * AUGUST 18, 2015 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of August 4, 2015 County Board Meeting minutes. Information Technology Public Health & Environment Public Works B. Approval to reappoint Wayne Moe, Scandia, to the Comfort Lake -Forest Lake Watershed District to a term expiring September 23, 2018. C. Approval to appoint Steve Ryan, Oakdale, to the Housing and Redevelopment Authority as a Public Assistance Housing Representative, to a partial term expiring December 31, 2016. D. Approval of contract to purchase annual hardware and software licensing, maintenance and support for the county's IBM iSeries from TSG Server and Storage. E. Approval to authorize the Department of Public Health and Environment to submit a comment letter to the Metropolitan Council regarding their Master Water Supply Plan. F. Approval of contract with Equipment Installation and Service, Inc. to furnish and install Law Enforcement Center overhead doors, and authorize execution of the contract with Equipment Installation Service, Inc. 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. Assistive listening devices are available for use in the County Board Room If yr.. naaA as istanru di. In r4ieahaNv nr /ang..ane hanior nlcasP.31116511 d zn.Rnnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Washington County BOARD AGENDA AUGUST 11, 2015 — 9:00 A.M. 9:00 Roll Call Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, Chair, District 3 Karla Bigham, District 4 Lisa Weik, District 5 Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of WashingtonCounry 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 secretary or the County Administrator. The County Board Chairwill askyou to come to the podium, state your name and city ofresidence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board ofCommissioners. 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 ifit becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's Responsibilities. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Health & Environment — Nikki Stewart, Environmental Program Coordinator and Peter Klein, Vice President of Finance for the Saint Paul Port Authority Resolution — Approval of Agreement with Saint Paul Port Authority for the Administration and Implementation of Property Assessed Clean Energy Program of Minnesota for Energy Improvements 5. 9:30 Public Health & Environment — Jeff Travis, Senior Environmental Program Manager Approval of Agreement for the Operation of a Household Hazardous Waste Program and Approval of an Agreement with PaintCare Establishing Eligibility for Participation in PaintCare's Paint Collection Program 6. 9:35 Public Works — Cory Slagle, Assistant County Engineer A. Resolution — Award Bid to Hardrives, Inc. for the County State Aid Highway 15 Turn Lanes Project B. Resolution — Award Bid to Valley Paving, Inc. for the County State Aid Highway 39 Paving Project C. Approval of Contract with SEH for Final Design Engineering Services for Phase II of the County State Aid Highway 17/Old Lake Elmo Village Project 7. 9:45 General Administration — Molly O'Rourke, County Administrator Resolution — Accepting Donations Received in the Second Quarter of 2015 8. 9:50 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on natters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during thistime. Any action necessary because of discussion will bescheduled for a future board meeting. 9. Board Correspondence 10. 10:05 Adjourn 11. 10:10-11:45 2016 Proposed Budget — Molly O'Rourke, County Administrator and Kevin Corbid, Deputy Administrator -Introduction to the Proposed 2016 Budget -Internal Services (Administration, Accounting and Finance, Human Resources, Information Technology) -General Operations and Commissioners -County Attorney's Office 12. 11:50-12:40 Legislative Committee Meeting Note: Tour of the Oak Park Heights Prison at 1:00 p.m. Assistive listening devices are available for use in the County Board Room If um. marl ac ciclanrp ruff fn rlicahility nr lannnana hartiar nlaaca rail rO4]LAln.Rnnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * AUGUST 11, 2015 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Community Services Property Records & Taxpayer Services Public Health & Environment Public Works Sheriff s Office ITEM A. Approval of July 28, 2015 County Board Meeting minutes. B. Approval of resolution and Grant Agreement authorizing the receipt of $17,500 in grant funding from the Minnesota Department of Veterans Affairs. C. Approval of resolution for recommendation to the Department of Revenue for conveyance of tax forfeited parcels to municipalities by Conditional Use Deed. D. Approval of resolution approving classification of non -conservation and sale to the City of Hugo for an authorized public purpose. E. Approval of resolution to classify tax forfeited parcels as conservation land and submit them to the Department of Natural Resources for review and comment. F. Approval of a one day temporary on -sale liquor license for the Minnesota Food Association. The event will be held on October 18, 2015 in May Township. G. Approval to authorize a joint powers agreement between Washington County and the City of Grant for election administration services in order to conduct a Special Election on October 13, 2015. H. Approval of resolution authorizing the Department of Public Health and Environment to submit to the Minnesota Pollution Control Agency Subsurface Sewage Treatment Systems Grants. I. Approval of resolution to acquire 1446 Lake Elmo Avenue, Lake Elmo (Weeks) for inclusion into Lake Elmo Park Reserve. J. Approval of resolution to appoint Nathan H. Timm to the Metropolitan Emergency Services Board's Radio Technical Operations Committee. 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. Assistive listening devices are available for use in the County Board Room If vnri Hari accicfannc 1411 in Aicahilifv nr lannnana harrbr nlaacn ralf /aSil ain.Rnnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER FYI' Summary of Proceedings Washington County Board of Commissioners July 28, 2015 Present were Commissioners Fran Miron, District 1; Commissioner Ted Bearth, District 2; Gary Kriesel, District 3. Karla Bigham, District 4; and Lisa Weik, District 5. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Miron — that he was in Mahtomedi last week where the Housing and Redevelopment Authority (HRA) gave a presentation on the Piccadilly Project, which will provide affordable senior housing in Mahtomedi; he toured the Great River Energy Facility in Elk River with the Solid Waste Management Coordinating Board; Commissioner Bigham — Commissioner Bigham reported that she attended both the Red Rock Corridor Commission Meeting, and Red Rock Corridor Business and Community Advisory Committee Meeting; observed Washington County Emergency Management's radiological training exercises at Park High School in Cottage Grove; attended the Farm -City Fun Day at Commissioner Miron's family farm. She reported that there will be an open house on July 28th for the Cottage Grove Ravine Regional Park at the Cottage Grove Service Center from 6:00 p.m. to 7:30 p.m.; Commissioner Bearth — reported that he attended the Landfall Open House in regards to the Gateway Corridor on July 23, 2015; attended the Farm -City Fun Day at Commissioner Miron's family farm; Commissioner Weik — reported that she attended the Landfall Open House in regards to the Gateway Corridor on July 23, 2015 She reported that it was announced at the Woodbury Chamber of Commerce Luncheon that they now have over 500 members, and is the 11th largest chamber in Minnesota. She reported that Senator Kent and Representative Ward are holding a Townhall meeting on July 28th at the Woodbury Public Works building in Woodbury from 7:00 p.m. to 8:00 p.m.; - Commissioner Kriesel — reported that the Washington County Fair begins Wednesday, July 29th, and runs through Sunday, August 1st, 2015; he met with Tom McCarty, Stillwater City Administrator; Doug Menikheim, Stillwater City Council member, and Todd Streeter, Executive Director of Greater Stillwater Chamber of Commerce, in regards to economic development; Lucinda Winter, Executive Director of the Minnesota Film and TV Board, invited Commissioner Kriesel and Senator Housley to one of the set locations where they were filming at the Stillwater Prison, and were able to meet Woody Harrelson. Community Services - Angela Seidling, Senior Employment Counselor from the Community Services Work Force Center, gave a presentation on an award that the National Association of Counties (NACo) gave Washington County for its FasTRAC Adult Career Pathways Program. General Administration Approval of the following actions: - July 14, 2015 County Board Meeting Minutes; - Ron Johnson, Internal Auditor, presented the 2014 Audit Advisory Committee Report; - Molly O'Rourke, County Administrator provided a reminder that the county's budget presentations and workshops will begin on August 1 1th, 2015. - Board Workshop to provide update of the summary of the Washington County Communications Findings Report and initial recommendations for improving county communications practices; - Board correspondence was received and placed on file. Human Resources - Board Workshop to provide an overview of the county's risk management program. Public Works Approval of the following actions: - Approval of contract with Network Design to furnish and install the low voltage cabling as a part of the North Shop renovation project; - Resolution No. 2015-114, enter into Metropolitan Council Grant Agreement reimbursing the Land and Water Legacy Program for 75% of the cost to acquire a trail easement for the St. Croix Valley Regional Trail; - Resolution No. 2015-115, authorize final payment for the County State Aid Highway (CSAH) 21 and CSAH 29 turn lanes; - Resolution No. 2015-116, acquire right of way for CSAH 21 Downtown Afton Reconstruction Project; - Resolution No. 2015-117, acquire Hammes Property for inclusion into Lake Elmo Park Reserve; - Resolution No. 2015-119, award bid to Bituminous Roadways, Inc. for the CSAH 10 Construction Project; - Approval of Cooperative Agreements with the City of Oakdale of the CSAH 10 Construction Project; - Resolution No. 2015-120, award bid to Valley Paving Inc., for the County Road 51 Paving Proj ect; - Approval to authorize permanent use of fund balance in Capital Road and Bridge Fund 414 to finance portion of the County Road 51 Paving Project; - Resolution No. 2015-121, agreement with Minnesota Department of Transportation for Trunk Highway 61 and County Road 50 Turn Lane Projects; - Resolution No. 2015-122, submit proposal to State of Minnesota for a Section 5310 Elderly and Disabled Assistance Grant; Sheriffs Office - Approval of Resolution No. 2015-118, agreement between the Washington County Sheriff's Office and United States Department of Justice, Drug Enforcement Administration. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners July 21, 2015 F Present were Commissioners Fran Miron, District 1; Commissioner Ted Bearth, District 2; Gary Kriesel, District 3. Karla Bigham, District 4; and Lisa Weik, District 5. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Weik — reported on the meetings that she attended during the National Association of Counties (NACo) Annual Conference in Charlotte, North Carolina, from July 10th — 13th; attended the Greater MSP Board of Directors Meeting, and shared a copy of the MSP Regional Indicators Dashboard Report with the Board. She reported on actions taken at the Counties Transit Improvement Board (CTIB) Meeting, and requested a board workshop on CTIB updates, prior to the next CTIB meeting; Commissioner Bigham — Commissioner Bigham reported on the meetings that she attended during the National Association of Counties (NACo) Annual Conference in Charlotte, North Carolina, from July 10th — 13th; attended the Cyber Security Summit, and requested a board workshop on cyber security. She reported the Red Rock Corridor Commission will be conducting outreach activities, and that Washington County Emergency Management would be conducting exercises at Park High School on July 22nd; attended the Counties Transit Improvement Board Meeting; Commissioner Miron — reported that he appreciated hearing about the interest in rail safety improvements from NACo. He reported concern over the lack of tree waste management services, after storms hit the northern part of the county over the weekend of July 18-19. He attended the "Pitch the Commissioner" Event with the Commissioner of the Minnesota Department of Public Health on July 14th, and the Water Summit meeting in Hugo on July 16th; Commissioner Bearth — reported that he attended the "Pitch the Commissioner" event, on July 14th; - Commissioner Kriesel — reported that he was on the Karin Housley radio show, and spoke about economic development and infrastructure improvements. He attended two open houses hosted by the Metropolitan Airport Commission, regarding proposed Lake Elmo Airport improvements. Accounting and Finance - Approval of Resolution No. 2015-110, awarding sale of General Obligation Bonds. Community Services - Approval of the Community Development Block Grant Cooperations Agreement between Washington County and the Town of Grey Cloud Island, and the resolution authorizing the County Board Chair and County Administrator to sign the Cooperation Agreement. General Administration Approval of the following actions: - June 21, 2015 County Board Meeting Minutes as corrected; - Agreement between Washington County and Stillwater Township for the acquisition and conveyance of land for park purposes; - Board Workshop to provide update on the Performance Measurement Progress Meeting; - Board Workshop to review request from the Trust for Public Land for county Land and Water Legacy Program participation in a project located in the City of Lake Elmo; - Board correspondence was received and placed on file. Property Records & Taxpayer Services Approval of the following actions: - Temporary On -Sale Liquor License for the VFW Post 323 for a special event at the Washington County Fairgrounds; - Presentation of the 2013-2014 Biannual Report. Public Health & Environment Approval of the following actions: - Grant agreement and authorization for the County Administrator and Board Chair to enter into agreement with the Minnesota Department of Health related to public health emergency preparedness and the Cities Readiness Initiative in the amount of $189,275; - Resolution No. 2015-111, 2015 Resource Recovery Project Budget Addendum for BizRecycling. Public Works Approval of the following actions: - Resolution No. 2015-108, Lake Elmo Park Reserve deer management; - Resolution No. 2015-109, authorize final payment for County State Aid Highway 21 Slope Stability Project; - Participate in Metropolitan Council's request for proposals for Community Solar Garden Subscription Agreement; - Budget amendments for the jurisdictional transfer of Trunk Highway 5 from the Minnesota Department of Transportation to Washington County, and request for two full-time equivalents maintenance workers; - Establish County State Aid Highway Designations on Trunk Highway 5 to County State Aid Highways 14 and 15; - Resolution No. 2015-113, reject all bids for intersection improvements at County State Aid Highways 12 and 17; - Revisions to the 1994 Traffic Ranking System Policy; - Executive Session to review counter offer proposal for Weeks Property for inclusion into the Lake Elmo Park Reserve. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota.