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2016-09-06 CC Packet
REGULAR MEETING RECESSED MEETING i 1 1\a' t e c 114E O IRT MPLACE OF MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North September 6, 2016 3:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Budget Workshop - Review of Preliminary 2017 City Budget Proposals 2. September 20, 2016 meeting IV. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator 7:00 P.M. AGENDA 3:30 P.M. 7:00 P.M. WITHDRAWN - moved to V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 11. Possible approval of August 16, 2016 regular and recessed meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Oath of Firefighters Sal DiStefano and Seth McCauley 13. Resolution 2016-163, Certificate of Appreciation - Jeff Dionisopoulos - Public Works (Resolution - Roll Call) X. 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. 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. 14. Resolution 2016-164, directing the payment of bills 15. Resolution 2016-165, approving the transfer of the On -sale and Sunday Liquor Licenses from Shanghai Bistro to Cabone's LLC, DBA: Lion's Tavern 16. Resolution 2016-166, approving the transfer of the On -sale and Sunday Liquor Licenses from Cabone's LLC, DBA: Lion's Main to Tilted Tiki, Inc. DBA: The Tilted Tiki 17. Resolution 2016-167, resolution identifying the need for funding to complete its 2040 Comprehensive Plan update and authorizing an application for planning assistance grant funds 18. Resolution 2016-168, resolution approving Development Agreement for The Ponds at Heifort Hills 19. Possible approval of sanitary sewer adjustments 20. Possible approval of Letter Agreement with AFSCME regarding on-call pay for non-exempt Information System staff XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 21. Case No. 2016-27. This is the date and time for a public hearing to consider a request from Cecilia Loome and Jonathan Moler of the Old Swedish Church, for consideration of an appeal to the Planning Commission's decision regarding a request for consideration of a Special Use Permit for a Type III Home Occupation, and associated variances, for the structure located at 320 4th Street South in the RB - Two Family Residential District. PID: 28.030.20.13.0116. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 26, 2016. 22. This is the date and time for a public hearing to consider the assessment for Stillwater Oak Park Heights Street Project (Project 2014-03, L.I. 407). Notices were mailed to affected property owners and published in the Stillwater Gazette on August 19, 2016. (Resolution - Roll Call) XIII. UNFINISHED BUSINESS 23. ' . • ., REQUEST WITHDRAWN XIV. NEW BUSINESS 24. Possible approval of Lighting Maintenance Agreement for Lift Bridge Conversion Project (Resolution - Roll Call) 25. Possible adoption of resolutions (3 separate resolutions - Roll Call) a. Adopting the proposed tax levy for the payable year 2017 b. Adopting the proposed budget for the year 2017 c. Setting payable 2017 Truth -in -Taxation meeting date XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) ..• XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT .. ' TAXES ACTUAL 2015 vs ACTUAL 2016 Taxing District: 1500 Stillwater City Certifed Property Tax Levy = $11,371,253 $12,030,567 5.8% Fiscal Disparity Portion of Levy - $1,187,386 $1,118,491 -5.8% Local Portion of Levy = $10,183,867 $10,912,076 7.2% Local Taxable Value 2016 is an ESTIMATE - 18,492,942 19,145,250 3.5% Local Tax Rate = 55.069% 56.996% 3.5% Assumes a 0.4% change in market value from 2015 to 2016,which is the city median change. W S W ® Pay 2015 76,000 @40% 500,000@1.0% (A7 x G)+ MV -rem @ 9% (D)-(E) rem @ 1.25% (Al2 X D) 230,200 16,500 213,700 2,137 $1,176.82 99,600 28,300 71,300 713 $392.64 149,400 23,800 125,600 1,256 $691.67 249,000 14,800 234,200 2,342 $1,289.72 398,400 1,400 397,000 3,970 $2,186.24 Pay 2016 MV 76,000 @40% 500,000@1.0% (B7 x G)+ Tax Increase X 1.004 -rem @ 9% (D)-(E) rem @ 1.25% (B12 x D) 2016 vs 2015 231,100 16,400 214,700 2,147 $1,223.70 $46.88 100,000 28,200 71,800 718 $409.23 $16.59 150,000 23,700 126,300 1,263 $719.86 $28.19 250,000 14,700 235,300 2,353 $1,341.12 $51.40 400,000 1,200 398,800 3,988 $2,273.00 $86.76 FTEs 2016 90.3 2017 91.1 Members of the Stillwater City Council; I am writing to express my support for a variance to allow for receptions to be held at the Old Swedish Church, which formerly housed Loome Theological Booksellers. This property has been beautifully restored and is exactly the kind of project we should support in Stillwater. I understand the concerns of neighbors who fear both a potential increase in traffic and noise, but I believe that the plans for this property are more than sufficient to mitigate those concerns. This is a property that has always had a visiting public both while it was a house of worship and when it housed the Loome bookstore, so allowing the owners to rent out their home for occasional private events in a very controlled manner is very much in keeping with the history of the neighborhood. I can also speak to the integrity and character of the Loome family and I know so many people are so thankful to the Loome's for all they have done to enhance the reputation of Stillwater as a key destination for book lovers. Please approve this request so that others will not be discouraged in working to restore and use our treasure old buildings. Thank you very much for your consideration, Respectfully, I c' Tom Hooley 2250 Oak Glen Court Stillwater, MN RESOLUTION 2016-164 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 $572,850.41 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 6th day of September, 2016. Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk EXHIBIT "A" TO RESOLUTION #2016-164 Page 1 LIST OF BILLS 1ST Line/Leewes Ventures LLC 3D Specialties Inc. Ace Hardware Action Rental Inc. Advanced Sportswear Al's Coffee Company Amano McGann Inc Amdahl Locksmith Inc Chris Ammonia House Inc. Aspen Mills AutoNation Barthe & Wahrman Becker Arena Products Bernicks Blue Line Medical Services LLC Board of Water Commissioner Carquest Auto Parts CDW Government Inc. Central Wood/Rivard Co Chaves Nick City of Maplewood City of St. Paul Coca-Cola Distribution Cole Papers Comcast CoStar Realty Information Inc County Materials Corporation Coverall of the Twin Cities Cub Foods Cummins NPower LLC Dakota County Technical College Dalco Dogpoopbags.com Downtown Idea Exchange ECM Publishers Ecolab Emergency Medical Products Environmental Equipment & Services Environmental Resources Management Fastenal Company Fire Safety U.S.A. Flaherty & Hood P.A FleetPride Freds Tire Company Frontier Ag & Turf Frost Inc Fury Stillwater G & K Services General Security Services Corp Snacks for concessions Barricades Supplies Concrete & mixing trailer T-shirts with logo Coffee and supplies for concessions Gate arm Replace locks Suction valve guard & supplies Uniforms Step board Paying agent fees Equipment repair supplies Beverages for concessions Trainer services WAC Charges Equipment repair supplies Supplies Wood chips Reimburse for Lodging Burn house & training Asphalt Beverages for concessions Changing table and supplies TV Internet & Voice Property professional Storm sewer repair supplies Commercial cleaning services Water Repairs Training Supplies Dog clean up bags Downtown Idea Exchange subscription Publications TriStar L2000 & Solar Brite Trauma utility shears Equipment repair supplies Professional services Supplies Boots Job classification study Equipment repair supplies Tire repair Equipment repair supplies Sprayer Equipment repair charges Mats & Uniforms Install charges 902.65 1,039.99 311.48 2,189.13 477.00 989.60 155.00 227.00 387.88 93.50 432.68 2,000.00 190.00 629.20 450.00 2,574.00 531.22 214.06 1,715.00 239.52 792.50 165.81 432.72 1,498.60 643.20 345.08 1,738.00 2,312.00 566.20 4,081.19 1,500.00 139.76 75.21 236.50 656.38 246.16 60.40 126.30 609.50 317.04 272.50 6,462.50 136.36 70.96 592.62 905.00 1,073.32 465.40 325.00 EXHIBIT "A" TO RESOLUTION #2016-164 Gertens Wholesale Goodyear Commercial Tire Gopher State One Call Inc. HD Supply Waterworks Ltd. Holiday Companies Holiday Credit Office Innovative Office Solutions LLC J. Gardner & Associates LLC Keeprs Inc Kremer Services LLC Lake Country Door LLC Lake Management Inc. League of MN Cities League of MN Cities Ins Tr League of MN Cities Ins Tr 2 Loffler Companies Loffler Companies 2 Magnuson David Mansfield Oil Company Marshall Electric Company Menards Metropolitan Council Minnesota Occupational Health Mississippi Welders Supply Co. MN Bureau of Criminal Apprehension MnFIAM Book Store Motorola Solutions Inc. MTI Distributing My Alarm Center NAPA Auto Parts North Shore Compressor Office Depot O'Reilly Auto Parts Pepsi Beverages Company Performance Plus LLC Pioneer Press Randall Paul Regions EMS Child Passenger Safety Program Rehn Code Consulting Services Ryan Riedel) Shoes Inc. Riffs Smokehouse River Valley Printing Inc. Robole Donna Rose City Sign Company Safety Signs Sentry Systems Inc. SHI International Corp Springsted Sprint PCS SRF Consulting Group St. Croix Boat and Packet Co. Hyvar & Q4 Plus Tires Locates Holcombe St. sanitary sewer repair Vehicle washes Fuel Magazine rack Fire education materials - tattoos Holsters Vehicle repair charges Repair southwest door to shop Lily Lake Plankton Algae Control Workers Comp Claim - Junker Quarterly Municipality Insurance Workers Comp Insurance Plotter maint. Color copier Professional services Fuel Electrical repairs Equipment repair supplies Monthly SAC Drug test Cylinders Training Fire inspection book Digital tone signaling Equipment repair supplies Alarm Monitoring Services Vehicle repair supplies Equipment repair supplies Office supplies Vehicle repair supplies Beverages for concessions Medical screening & mask fit Subscription Refund Permit Fee Local fee - CPS Tech Course Plan review Skates Pulled pork for concessions Forms Reimbursements Light at Northland tennis court Barricade Service call & alarm monitoring Microsoft Licensing Issuance fees - Revenue Refunding Bonds 2016C Cell phone Downtown plan update Arena Billing Page 2 565.00 557.02 45.90 236.35 370.00 59.72 457.56 420.00 509.96 268.80 959.00 1,014.00 137,177.02 67,728.03 55,845.00 1,940.00 15,903.04 10,701.83 1,915.91 5,456.00 1,281.16 4,920.30 206.20 63.50 590.00 88.00 575.25 345.72 92.67 178.40 54.56 1,415.58 147.97 1,612.12 418.00 205.92 225.00 175.00 3,203.00 1,092.11 132.60 164.00 495.24 723.50 640.00 2,017.70 28, 544.00 30,247.71 53.84 9,536.89 28,649.58 EXHIBIT "A" TO RESOLUTION #2016-164 St. Croix Boat and Packet Co. 2 St. Croix Boat and Packet Co. 3 St. Croix Recreation Fun Playgrounds Stender Jeff Stillwater Motor Company Stillwater Turf & Power LLC Streichers T.A. Schifsky and Sons Toll Gas and Welding Supply Total Parking Solutions Inc. Tri-State Bobcat Urbiha Judith US Bank Corporate Trust Svcs USAble Life Verizon Wireless Verizon Wireless 2 WalMart Community Ward Diane Washington County License Center Washington County Road & Bridge Washington County Sheriffs Office Wittman Abbi Jo Woodchuck Tree Care LLC WSB & Associates Inc. Xcel Energy Ziegler Inc. CREDIT CARDS 10000 Lakes Chapter of ICC Active911 Inc Amazon.com Backgroundchecks.com Cub Foods International Code Council MN Historical Society Racine North Roberts Company Inc. LIBRARY Baker and Taylor Ballweg Anne Brodart Co Darn Knit Anyway Demco Inc. Gaylord Bros Inc. Midwest Tape MN Dept of Labor and Industry Petrie Angela Puente Mateo Dock Space Lease Ramp cleaning Replacement panels for Sunrise Park Reimburse for Operation Guardian Angel Vehicle service Equipment repair supplies Flashlight Asphalt Cylinders Cale card reader and paper Equipment rental & repair supplies Reimburse for frames for fire dept photos Paying agent fees Term Life Insurance Wireless service iPads Nite to Unite & Lumber Jack Days supplies Reimburse for supplies for picnic Registration 2016 unmarked Ford Taurus Inceptor Traffic signal maint Regions Security - Scheel Reimburse for treats for Jenn's welcome Tree removal Streambank stabilization St. Croix Energy Equipment repair supplies Training Subscription upgrade Toner Background check UD PD/FD Dinner 2015 MN Fire Code Conference registration Laptop Uniform emblems Materials Furniture Rental Refund Materials SRP Class Supplies Supplies Materials Elevator Operating Permits Staff Reimbursement for MLA Conf Fee Furniture Rental Refund Page 3 2,666.66 810.00 535.00 181.47 54.32 544.45 164.98 4,956.56 43.79 691.75 399.12 545.87 875.00 420.00 1,838.71 1,139.97 625.57 24.25 34.75 71.28 4,281.85 18.97 2,800.00 4,356.50 26,914.19 384.92 420.00 8.10 74.55 100.35 437.95 191.00 630.00 1,145.00 62.80 1,004.19 28.00 2,608.04 256.00 122.75 57.94 551.97 200.00 199.00 17.00 EXHIBIT "A" TO RESOLUTION #2016-164 Page 4 Quill Corporation Supplies 91.41 Stillwater Medical Group Drug Screening 68.00 Toshiba Business Solutions Maintenance Contract 141.16 University of Wisconsin- Extension YS Mgmt Course 112.50 Xcel Energy Energy 5,240.68 LIBRARY CREDIT CARDS Amazon.com Materials 36.65 Design Within Reach Terrace Furniture (SPLF) 1,687.22 Dream Host Monthly Website Fee 19.95 Joker.com EIS Internet Domain 31.00 TechSoup Skype 2.00 Valley Bookseller Materials 27.12 AUGUST MANUALS Century Link Telephone & 4th of July simulcast 222.15 Xcel Energy Energy 38,303.12 Comcast Internet 305.95 MN Dept of Labor Boiler license 10.00 ADDENDUM Comcast Adopted by the City Council this 6th Day of September, 2016 Internet & voice 236.15 TOTAL 572,850.41 3rd Draft 8-22-16 DEVELOPMENT AGREEMENT RELATING TO THE PONDS AT HEIFORT HILLS BY AND BETWEEN CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND THE PONDS AT HEIFORT HILLS, LLC, A MINNESOTA LIMITED LIABILITY COMPANY This agreement was drafted by: David T. Magnuson, #66400 Magnuson Law Firm 324 Main Street South, Suite 260 Stillwater, MN 55082 (651) 439-9464 TABLE OF CONTENTS SECTION 1. RECITALS 1 1.01 The Property 1 1.02 Public Improvements. 1 1.03 Public Improvements; Plans, Specifications. 1 1.04 Public Improvements, Warranty. 2 SECTION 2. DEVELOPER'S REPRESENTATIONS. 3 2.01 No Disability. 3 2.02 Execution No Violation. 3 2.03 Litigation. 3 2.04 Compliance. 3 SECTION 3. PUBLIC IMPROVEMENT SCHEDULE 3 3.01 Work Schedule 3 3.02 Final Plat Approval. 4 3.03 Selection and Control of Contractors 4 3.04 Dedication of Work 4 SECTION 4. SECURITY. 4 4.01 Consultant Fees and Charges. 4 4.02 Payment of Charges and Fees. 4 4.03 Security for Cost of Public Improvements 5 4.04 Model Homes 5 SECTION 5. DEVELOPER'S RESPONSIBILITY. 5 5.01 Easements. 5 5.02 Street Lights. 6 5.03 Mass Grading. 6 5.04 Dedication and Maintenance of Storm Water 6 5.05 Engineering Data 6 5.06 As Built Plan. 6 5.07 Erosion Control Measures During Construction 6 5.08 Landscaping. 7 5.09 City Regulations 7 5.10 Maintenance of City or County Facilities. 7 SECTION 6. INSURANCE. 8 6.01 Insurance. 8 SECTION 7. INDEMNIFICATION. 8 7.01 Indemnification. 8 7.02 Enforcement by City; Damages. 8 SECTION 8. EVENTS OF DEFAULT. 9 8.01 Events of Default Defined 9 8.02 Remedies on Default. 9 (i) SECTION 9. ADMINISTRATIVE PROVISIONS. 9 9.01 Notices. 9 SECTION 10. ADDITIONAL PROVISIONS. 10 10.01 Titles of Sections 10 10.02 Counterparts. 10 10.03 Modification 10 10.04 Law Governing. 10 10.05 Severability. 10 SECTION 11. TERMINATION OF AGREEMENT. 10 11.01 Termination 10 DEVELOPMENT CONTRACT THIS AGREEMENT, made this day of , 2016, between the CITY OF STILLWATER, a political subdivision of the State of Minnesota, ("City"), and The Ponds at Heifort Hills, LLC, a Minnesota Limited Liability Company and/or it's assignees (the "Developer"); WITNESSETH THAT, the parties hereto recite and agree as follows: SECTION 1. RECITALS. 1.01 The Property. The Developer now owns or has control of the property described in the attached Exhibit "A" comprising 25 acres located within the City of Stillwater, Washington County, Minnesota ("The Ponds"). The Developer has been granted Concept Shoreland PUD approval for the 25 acres that includes all phases of Development, Rezoning of Phase One, construction of 15.2 acres and from agriculture preservation (AP) to two-family residential (RB), for development of Phase One into 24 residential detached townhomes. 1.02 Public Improvements. A. The City is willing to allow the Developer to construct and install the Public Improvements ("Public Improvements") necessary to serve the First Phase. A description of the Public Improvements and estimate of costs are attached as Exhibit «B„ 1.03 Public Improvements; Plans, Specifications. A. All public improvements must be installed in accordance with the City's subdivision regulations and specifications for utilities and street construction and in substantial conformance with Preliminary Plat approval dated May 17, 2016. The Developer must submit final plans and specifications ("Plans") prepared by a professional engineer that are in substantial compliance with those documents which must be approved by the City Engineer. The Developer must obtain any necessary permits from the Minnesota Pollution Control Agency, Minnesota Depar lrnent of Health, the Watershed District and any other governing agencies requiring approval before proceeding with construction. The City will have an inspector or engineer ("Project Representative") inspect the work at the Developer's expense. The Developer, its contractors and subcontractors, must follow all instructions received from the City's inspectors. B. Prior to beginning construction, the Developer or the Developer's engineer must schedule a preconstruction meeting with all parties concerned, including the City staff and engineers, to review the program for the construction work. 1 C. Iron monuments must be installed in accordance with state law. The Developer's surveyor must submit a written notice to the City certifying that the monuments have been installed. D. The City will provide the services of a Project Representative at the site to provide more continuous observation of the contractors hired by the Developer for the project ("Contractor(s)"). Charges for this service will be billed to Developer at the current hourly rate adopted by the City. The Project Representative's dealings in matters pertaining to the on—site work will in general, be only with the City and the Developer, and dealings with Contractors will only be through or with full knowledge of the Developer. Through the observations of the work in progress and field checks of materials and equipment by the Project Representative will endeavor to provide further protection for the City against defects and deficiencies in the work of the Contractor; but the furnishing of this representation will not make the City responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs or for the Contractor's failure to perform work in accordance with the Contract Documents. The Developer must pay the City for reasonable inspection services. E. The City must be provided a minimum of 24 hours' notice prior to the commencement of underground pipe laying; and prior to subgrade, gravel base, and bituminous surface construction. F. The Developer must provide to the City a written schedule indicating the order of completion of the work covered by this Agreement. Included within such schedule there shall be schedules for the completion of grading of on-site roads, utilities and landscaping, berming, drainage, ponding and trails. All work must be completed within one (1) year the effective date of this Development Agreement with the exception of the final lift of bituminous. The final lift of bituminous within the Development must be completed within 3 years, or when 75% of the lots have been issued certification of occupancy, whichever occurs first. The final lift of bituminous must be installed on Neal Avenue by June 30, 2017. G. The City may, but is not obligated to, extend the date for completion of the work, based upon written notice from the Developer that due to circumstances reasonably beyond the Developer's control, completion of the work will be delayed. 1.04 Public Improvements, Warranty. Developer agrees that the Public Improvements will be done in a workmanlike manner and that all materials and labor will be in strict conformity to the specifications and any requirements set forth by the City. All work is subject to the inspection and approval of the City Engineer, who is vested with authority to suspend or stop work on the project if any condition of this contract is breached or any law or administrative rule is violated. If any material or labor that is supplied is rejected by the City Engineer as defective or unsuitable, then the rejected materials must be removed and replaced with approved material, 2 and the work will be done anew to the satisfaction and approval of the City Engineer at the sole cost and expense of the Developer. This warranty will extend for one year beyond the final acceptance of the Public Improvements by the City. SECTION 2. DEVELOPER'S REPRESENTATIONS. The Developer represents to the City that as of the date of this Agreement, the statements set forth in this section are true. 2.01 No Disability. The Developer is the fee owner of the property and knows of no legal disability that would prevent them from carrying out this Agreement. The Developer may not assign its rights in this contract to another entity without the approval of the City, which approval will not be unreasonably withheld. 2.02 Execution No Violation. The execution, delivery and performance of this Agreement do not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developer is a party. 2.03 Litigation. There are no pending or, to the knowledge of the Developer, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business or operation of the Developer or the ability of the Developer to perform his obligations under this Agreement. 2.04 Compliance. The Developer will comply with and promptly perform all of its obligations under this Agreement and all related documents and instruments; comply with all conditions of subdivision approval; including all conditions of the Preliminary Plat approval as established on; and comply with any applicable requirements of the Brown's Creek Watershed District (BCWD). SECTION 3. PUBLIC IMPROVEMENT SCHEDULE. The Developer will install Public Improvements according to a schedule approved by the City Engineer and the standards set forth in this section. 3.01 Work Schedule. Approval of the work schedule for the Public Improvements by the City Engineer will be required before construction begins. In the event that Developer fails to complete any element of the Public Improvements according to the completion schedule, the City, at its option, will upon ten (10) days written notice from the City Engineer within which the Developer will have the opportunity to cure, has the right to draw upon any Security provided pursuant to §4.03 of this Agreement for the costs associated with completion of the work referred in this section. Upon satisfactory completion of the work, the City will have the right but not the obligation to terminate this Agreement. 3 3.02 Final Plat Approval. Provided that the Developer is not in default of this Agreement, the City will approve the final plat in advance of acceptance of the streets and utilities within the plat subject to any conditions of final plat approval imposed by the City. 3.03 Selection and Control of Contractors. The City reserves the right to approve the general contractor for construction of the Public Improvements. The City agrees that their approval will not be unreasonably be withheld. 3.04 Dedication of Work. Each element of the Public Improvements will become as a matter of law, dedicated to the public upon acceptance of the completed work by the City and the Developer will be deemed to have no right, title or interest in or upon any element of the dedicated Public Improvements. SECTION 4. SECURITY. 4.01 Consultant Fees and Charges. The Developer will pay to the City, within thirty (30) days of being invoiced, as reimbursement for consultant fees incurred by the City in behalf of or at the request of the Developer, including the costs of reasonable engineering, legal and testing services, oversight and inspection of grading, erosion control, wetland restoration and any other development related improvement as well as reasonable expenses associated with inspection and supervision of construction and re -inspection by the Project Representative for one (1) year beyond the acceptance of the completed work. Charges will be invoiced and itemized at the current hourly rates for each service as approved by the City. The City will provide the Developer with a list of any consultant the City expects to retain for this work. 4.02 Payment of Charges and Fees. Prior to the City signing the Final Plat, Developer must pay the following charges and fees before the City release of the Final Plat for recording with Washington County. A. *Trunk Charges: Based upon 7.5 acres of Phase One AUAR Trout Stream Mitigation Charge $5,712.00 per acre $42,840.00 Transportation Adequacy Fund $7,427.00 per acre $55,702.50 Trunk Sanitary Sewer & Water Charges $16,649.00 per acre $124,867.50 $223,410.00 B. Park and Trail "In Lieu" Charges. The Developer must pay to the City the sum of $48,000 as a payment in lieu of park dedication and $12,000.00 for a City Trail System charge, for a total of $60,000, before credits. * Charges described in § 4.02A are gross charges before credits. 4 C. Credits. Transportation Adequacy charges will be reduced by crediting the Developer for costs incurred improving a portion of Neal Avenue as described in the plans. Sewer and Water Trunk charges will be reduced by crediting the Developer costs associated with sewer and water and street construction on Neal Avenue north of Pond Circle. Trail System charges will be reduced by the costs of trail construction that exceed $12,000.00. Final credits will be determined by the City Engineer based upon a review of actual costs. Estimated credits are as follows: Estimated Credit Amounts Transportation Adequacy $114,928.00 Trunk Sewer and Water $16,607.00 Park and Trail $10,578.00 4.03 Security for Cost of Public Improvements. Developer must, prior to the City or the Developer beginning work on any Public Improvements, provide the City with a letter of credit (LOC), with the form the LOC to be satisfactory to the City Attorney in the sum of one hundred twenty five percent (125%) of the estimated cost of the Public Improvements. Developer and City acknowledge that the accepted construction bid, including site grading, sanitary sewer, water main, storm sewer, streets and restoration, and trails totals $697,052, and the required security/surety amount is thus $871,315. The surety must be a guaranty to the City that the Public Improvements will be timely completed to the City's satisfaction. The LOC must be maintained continuously by the Developer until the Public Improvements are completed to the City's satisfaction. The LOC for Public Improvements may be previously reduced upon certification of the City Engineer that items are satisfactorily completed pursuant to this Agreement. Periodically, as payments are made by the Developer for the completion of the Public Improvements, Developer may request of the City that the LOC be reduced for the work which has been fully completed and for which payment has been made. The LOC must permit the City to draw upon it for the full face amount of the cost of curing any default of the Developer upon ten (10) days written notice to the Developer of its opportunity to cure, with respect to performance items or seventy—two (72) hours written notice with respect to erosion control violations as described in §5.07. 4.04 Model Homes. Developer may be issued two building permits for construction of two model homes prior to, installation of the first lift of asphalt. SECTION 5. DEVELOPER'S RESPONSIBILITY. 5.01 Easements. The Developer must furnish to the City upon request and without charge, all permanent easements over property owned or controlled by them as 5 designated in the plans and specifications, and deeds to property deemed necessary by the City for the location, construction, installation and operation of the Public Improvements, in form and content satisfactory to the City Attorney. 5.02 Street Lights. The Developer will furnish a street lighting system for the development according to the design and specifications of the City Engineer. The street lighting system may be owned, constructed and operated by the electric utility company serving the project area and in this event the City and the utility company must enter into a contractual agreement on the rate and maintenance of the street lighting system. In the alternative, the street lighting system must be dedicated to the City upon acceptance of the system as complete by the City Engineer. 5.03 Mass Grading. Prior to the commencement of construction of any Public Improvements, the Developer at their expense must complete the grading of the entire project area including the building sites, storm water control features, surface drainage ways, private driveways, municipal streets, and other areas that will be disturbed as part of the construction of any improvements. This grading must be done in accordance with an approved grading plan either prepared by or approved by the City Engineer with a maximum of two (2) foot contours, building pad elevations, drainage provisions, and erosion control provisions. 5.04 Dedication and Maintenance of Storm Water. Upon completion of the construction of any storm water control features and upon acceptance of the work by the City Engineer. The Developer shall provide to the City Engineer a storm water maintenance plan obligating the Developer and future owners to the continued maintenance of the storm water control features, swales and ditches, infiltration basin and fore bay basin. 5.05 Engineering Data. The Developer, through their Consultant, must provide all staking, surveying and other information required by the City Engineer in order to insure that the complete improvements conform to the approved plans and specifications. 5.06 As Built Plan. Within sixty (60) days after completion of construction, Developer through their contractor or engineer, must prepare and file with the City a full set of "as built" plans, including a mylar original and electronic drawings showing the installation of improvements and the location of service laterals within the plat. Failure to file the "as built" plans as required by this section will be grounds for the City to suspend the issuance of building permits and certificates of occupancy within the plat until this condition is fulfilled. 5.07 Erosion Control Measures During Construction. Developer agrees that they will construct erosion control devices in conformance with the approved construction plans for the Public Improvements. This plan must protect any adjacent ponds and wetlands from erosion, pollution and siltation throughout the construction of the Public Improvements. Verbal or email notice of deficiency will be given to the contractor and Developer as soon as practical. Any deficiency or failure of erosion control must be corrected within seventy—two (72) hours of written notice or the City may draw upon the Security provided under §4.03 of this Agreement in the amount of the costs incurred in curing the deficiency. 6 5.08 Landscaping. The Developer must install all landscaping in compliance with the Plans and provide, through restrictive covenants, that the landscaping will be well maintained and not planted so as to interfere with site drainage or storm water improvements or access to storm water improvements. No trees will be planted in the right of way unless approved by the City Engineer. The Developer or HOA shall be responsible for the landscaping and maintenance in the culdesac areas including tree planting, and turf establishment. A $45,000 escrow for the landscaping must be deposited with the City before landscaping work begins. When the landscaping is complete the deposit will be returned to the builder. Before drawing upon the escrow, the City must give the Developer 10 days written notice and opportunity to cure. 5.09 City Regulations. Developer acknowledges that the property is regulated by the City and that a default under City ordinances or condition of approval of any permit is a default as defined in this Agreement, including: A. The grading and erosion control plan as approved by the City Engineer, must be implemented. B. A national pollution discharge elimination system general storm water permit for construction activity must be obtained from the MPCA before grading begins. C. Compliance with any mitigation measures required by any Brown's Creek Watershed District (BCWD) is required. D. The Developer must comply with all conditions of approval imposed by the City as part of any permit or approval granted by the City during approval of the development. E. Before releasing the final plat, the Developer must have satisfied the City park and trail payment in lieu of dedication requirement. F. Pay to the City, before building permits are issued, for any structure within the development any sewer or water availability charges and any other charges imposed by the City, and described to Section 4.02 of the Agreement. 5.10 Maintenance of City or County Facilities. A. The Developer will be responsible for any damage caused to any City or County facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Developer, their contractors, agents or employees and for any repair or clean-up costs or expenses incurred by the City or County in taking remedial action. However, the Developer will not be responsible for damage due to the negligent conduct of the City, its agents, employees or contractors. B. The Developer must periodically sweep streets within the Development, streets leading into the Development and Neal Avenue and in order that the streets be free from debris, stone, rocks and other hazards. During construction the sweeping must 7 be done at least once per week unless directed by the City Engineer to be done more frequently. SECTION 6. INSURANCE. 6.01 Insurance. Developer and their contractors will provide and maintain or cause to be maintained at all times during the process of constructing the Public Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: A. Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's policy with limits against bodily injury and property damage of not less than $2,000,000 for each occurrence (to accomplish the above—required limits, an umbrella excess liability policy may be used), and shall be endorsed to show the City as an additional insured to the extent of its interest. B. Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles involved in work on the Public Improvements, in the minimum amount for each occurrence of $2,000,000, and shall be endorsed to show the City as an additional insured to the extent of its interest. C. Workers' Compensation insurance respecting all employees in amounts not less than the minimum required by statute. SECTION 7. INDEMNIFICATION. 7.01 Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in connection with the Public Improvements. 7.02 Enforcement by City; Damages. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that their failure to perform any or all of its obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that the expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 8 SECTION 8. EVENTS OF DEFAULT. 8.01 Events of Default Defined. The following will be "Events of Default" under this Agreement and the term "Event of Default" will means, whenever it is used in this Agreement, any one or more of the following events: A. Failure by Developer to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement. B. Failure by Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. C. In each event Developer will be afforded ten (10) days after receipt of written notice to cure the violation and avoid a default. 8.02 Remedies on Default. Whenever any Event of Default occurs, the City may take any one or more of the following actions: A. Suspend work on the project and building permits or certificates of occupancy on private development until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure a default. B. Take action, including legal or administrative action, necessary to secure performance of any provision of this Agreement or for the City to recover any amounts due under this Agreement from Developer or under the Security described in §4.04. C. Undertake to complete the Public Improvements itself, through its agents or through independent contractors and before the undertaking, draw upon the Security described in §4.04 for the full amount of the estimated work. SECTION 9. ADMINISTRATIVE PROVISIONS. 9.01 Notices. All Notices, certificates or other communications required to be given to the City and the Developer must be sufficiently given and will be deemed given when delivered, or when deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: J. Thomas McCarty, City Administrator City of Stillwater 216 N. 4th Street Stillwater, MN 55082 If to Developer: The City and the Developer by notice given to the other, may designate different addresses to 9 which subsequent notices, certificates or other communications will be sent. SECTION 10. ADDITIONAL PROVISIONS. 10.01 Titles of Sections. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 10.02 Counterparts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. 10.03 Modification. If Developer is requested by the holder of a mortgage or by a prospective holder of a prospective mortgage to amend or supplement this Agreement in any manner whatsoever, the City will, in good faith, consider the request, provided that the request is consistent with the terms and conditions of this Agreement. 10.04 Law Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 10.05 Severability. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, holding will not invalidate or render unenforceable any other provisions. SECTION 11. TERMINATION OF AGREEMENT. 11.01 Termination. This Agreement will terminate at the time all of the Developer's obligations have been fulfilled and when the cost of the Public Improvements have been paid in full and any default of the Developer has been cured, or one (1) year after acceptance of the Public Improvements by the City, whichever occurs later. 10 IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developer has executed this Agreement at Stillwater, Minnesota, the day and year first above written. (SEAL) STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) CITY OF STILLWATER By Ted Kozlowski, Its Mayor and J. Thomas McCarty, Its Acting City Clerk DEVELOPER PONDS AT HEIFORT HILLS, LLC By: Its: On this day of , 2016, before me, a Notary Public within and for said County, appeared Ted Kozlowski and J. Thomas McCarty, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and Acting City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2016, before me, a Notary Public within and for said County, appeared , of, who, being duly sworn, did say that he is the Developer named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public 11 Sti11watr H E 8 R 7 H P t a C E 4 i M I H Pi E s O f A CITY COUNCIL MEETING DATE: REGARDING: September 6, 2016 CASE NO.: 2016-027 Consideration of an Appeal to the Planning Commission denial of a request from Cecilia Loome for a Type III Home Occupation Special Use Permit, and associated variances, for the structure located at 320 4th Street North to be used as an in-home events center PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND On July 13, 2016, in a 4-2 vote, the Planning Commission denied a Special Use Permit (SUP) and associated variances for Cecilia Loome to operate the Old Swedish Church events center in her single-family residence at 320 4th Street North. Cecilia and her husband Jonathan Moler appealed the Planning Commission's decision. SPECIFIC COUNCIL CONSIDERATION According to City Code Section 31-217, Appeals, indicates "all appeal hearings will be de novo" which requires reconsideration of the original request. The original request made to the Planning Commission includes:. The request is accompanied by the following variance requests: 1. A Special Use Permit for a Type III Home Occupation to allow the structure at 320 4th Street North, currently a single family residence, to be utilized as an events venue for up to 20 events per year; and 2. A variance to the maximum 400 square foot allowed for a Home Occupation (or up to 20% of a home's total gross floor areal) to permit the 3,512 square foot event venue (85% of the subject home); and 3. A variance to the 7:00 am to 8:00 pm business hours limitation to allow for events to be held from 7:00 am to 9:30 pm; and 4. A 41-54 parking space variance to the total number of parking spaces required3. 1 City Code Section 31-500, Subd. 3(a)(6) 2 City Code Section 31-500, Subd. 3(a)(8) 3 City Code Section 31-500, Subd. 1(c) and City Code Section 31-500, Subd. 3(a)(9) A complete analysis of City regulations pertaining to the request for a Home Occupation Special Use Permit and each associated variance is included in the original planning report. In addition to the original planning report, attachments and minutes, the letter of appeal, and newly -received public comments, staff has also attached City Code Section 31-325, Allowable Uses in Residential Districts, and Section 31-500, Home Occupations. While this information was not included as a part of the original planning packet submission, this is information Planning Commissioner's receive as a part of new Commissioner training and have digital and hardcopy access to consult in the review of land use applications. The Council should review all attached materials for a complete understanding of the nature of the request. COUNCIL ACTION After conducting the public hearing, the City Council should conceptually approve or deny the appeal. Staff will then either prepare Findings of Fact for denial or a Resolution of approval for the September 20th Council Meeting. ATTACHMENTS Loome/Moler Appeal Letter Public Comments Paskvan, 314 4th Street North David deLeon, 704 5th Street North John Harrington City Code Section 31-315, Allowable Uses in Residential Districts City Code Section 31-500, Home Occupations, July 13, 2016 CPC Minutes Planning Commission Case No. 2016-27 Packet Site Location Map Applicant Submission Narrative (SUP and Variance) Site Plan Floor Plans Rental Contract Letter of Support Restoration Photographs Parking Photographs Zoning Map Case No. 2016-0 CC: September 6th, 2016 Page 2 of 2 RECEIVED JUL 2 5 ZW3 crry i�'�T TIt Appeal by Cecilia Loome and J � n:ttit8r�r�Rt Denial of Their Application for a yp CASE NO.: 2016-27 Planning Commission's d for a Parking Variance INTRODUCTION We, Cecilia Loome and Jonathan Moler, submitted an application to the city for a type III home occupation special use permit and several variances in June 2016. We did so after we received a letter from the city instructing us not to take any more reservations at our property, which we refer to as the Old Swedish Church. Immediately upon receiving the letter from the city, we contacted the zoning commissioner who, after consultation with the city attorney, informed us that we should apply for a type III home occupation. The city code does not specifically address what it is that we are proposing to do, and in the absence of a specific provision, this type of home occupation permit was the best option. Though it is not a perfect fit, it is a legitimate avenue for the city to grant us permission to rent out our residence for occasional private events. DISCUSSION I. The City's Zoning Laws do not Prohibit the Short -Term Lease of One's Residential Property. Before undertaking the project of renovating the Old Swedish Church, we thoroughly investigated Stillwater's municipal code to determine whether our intended use of the Old Swedish Church was permissible. In doing so, we kept in mind the following principles: First, that zoning ordinances shall be construed 1) according to their plain and ordinary meaning; 2) strictly against the municipal body and in favor of the property owner; and 3) in light of their underlying policy goals.1 Second, that owners of residential property can do three economically ' Frank's Nursery Sales, Inc. v. City of Roseville, 295 N.W.2d 604, 608 (Minn. 1980). productive things with a residence: live in it, rent it, or sell it.2 We also took into account that the IRS does not consider renting out one's residence a business or commercial use if the property is rented out fourteen times or fewer per year.3 While the City certainly could validly regulate the renting of residential property if it chose to enact a zoning ordinance specifically addressing the subject, Stillwater's municipal code contains no provisions discussing the rental or lease of residential property, either for short term or long term uses. Similarly, the city's Comprehensive Plan contains no discussion of the rental or lease of residential property. Nor can I find any previous instance where the City required property owners to obtain a special use permit in order to lease their property. We submitted a Minnesota Government Data Practices Request that included a request regarding the City's position on rental of residences for thirty days or less. Thus far I have received no documents from the city and no legal justification for why we should need to seek this permit and associated variances in the first place. We have been navigating this process in good faith. We have been in constant communication with Tim and Jane Paskvan, the neighbors who would be most affected by our proposed use of our property. We have discussed our plans with numerous other neighbors, and have received little pushback except for the couple at the Aurora Staples Inn. The few people who are concerned with our plans are concerned not because of us, but because of the City's use of the Library for outdoor events in violation of the Municipal Code and the City's general z See, e.g., J. Dukeminier & J. Krier, Property (3rd Ed. 1993) p. 86 (discussing a property owner's property rights). 3 See IRS Topic 415, available at www.irs.gov/taxtopics/tc415.html ("There is a special rule if you use a dwelling unit as a personal residence and rent it for, fewer than 15 days. In this case, do not report any of the rental income and do not deduct any expenses as rental income. Minimal rental use. If you use the dwelling unit as a home and you rent it less than 15 days during the year, that period is not treated as rental activity. '). dismissal of neighborhood concerns about that use. We, however, are not asking for a noise variance; we are not asking that our events be any louder or later than what is already allowed in this neighborhood. The fact of the matter is that, even according to the City's interpretation of the municipal code, we could have as many gatherings, receptions, and weddings on our property as we want, as long as we are not receiving money for that use. It stands to reason that if we lease our property to others that they can also use the property for a gathering of some nature. Renting out one's home is not a business, enterprise, or commercial use. When a neighbor told us that the owners of Aurora Staples Inn believed that we needed to apply for a special use permit, I contacted the city immediately. I called the number for the City Administration on February 2, 2016 and discussed our plans to use our residence to hold weddings with several people. I am happy to provide my phone records to demonstrate this. My wife and I did not believe we needed a special use permit until we received a letter from the city instructing us not to take any more reservations. It was at this point that we decided to work with the City in good faith by applying for a special use permit and corresponding variances that we do not believe we legally need and have been willing to accept reasonable conditions to keep the neighborhood happy. II. If the Municipal Code Applies to Our Proposed Use of Our Property, the City Should Grant Us a Special Use Permit and the Corresponding Variances. A. The Staff Report Inaccurately Presented the History of the Building. As we state in our application, our intention is to keep the property as residential as possible while occasionally using the property for its original and intended purpose: as a community gathering space. This use would be, by far, the most residential use in the building's history. The church was built in 1904 by the congregation of the Swedish Covenant Mission Church. It was used as a church until 1975; essentially it was an event center, with hundreds of parishioners attending services on a weekly basis, 52 weeks a year. In 1975 the church was sold to Jim Cummings. Cummings used the property as a bookstore, and for some period of time, his residence. In 1979, Cummings sold the property to Paul Holmberg, who used the building for industrial storage. While Holmberg, his wife, and two small children may have lived in the church briefly, when Thomas Loome purchased the church in 1982 the building was being used largely for the storage of construction materials and equipment. Loome used the building as a residence and bookstore up until 1989, when the family moved to William Street. From 1989 to 2012, the church was solely commercial. The bookstore was open to the public eight hours a day, six days a week, with occasional after-hours sales or literary events. Customers, along with a staff of 5-7 employees, parked on the street. Loome Theological Booksellers moved to West Lakeland Township in December 2012, and until we moved in the following year, no one had lived in the church for 24 years. Quite simply, the building has never been used solely as a residence, and based on the difficulty and expense of using the space as a residence, it is unlikely that it will be used solely as a residence in the future. The property was put on the market for several months after December 2012, but received no serious interest, primarily because of the difficulties discussed in Don Empson's letter. In June 2013 we began working on restoring the property, with the intent to use the space as our residence and to rent out for occasional private events to maintain it. In August 2013 we moved in. We continued to restore the property, and, in August 2015, had made enough progress that we could hold our own wedding in the building. We subsequently began to open our residence to others who were interested in holding small events in an historic space. We have a passion for the unique nature of the building, but if limited to only residential uses, we will not continue to live there. B. The Staff Report Inaccurately Characterized Us as an "Event Center" and made Several Other Misrepresentations. As we discussed in our application for a type III home occupation special use permit, both of us have full-time jobs and we have no intention or ability to operate a full time "Event Center" such as the Library or IX Events. We wish to keep living in the property as our primary residence and to rent out a portion of the space for occasional events and weddings as a means to offset the costs of maintaining the building. The IRS contemplates that individuals renting out their residences fewer than fifteen times per year is not business or commercial use, and we would be happy to accept that limitation on our use of the property. We are also happy to accept limitations of one event per weekend and two events per month and accept conditions similar to what are put upon the various local bed and breakfasts that request permission to hold events. Special Use Permits for a Type III Home Occupation have a number of conditions that must be met. The Staff Report and Planning Commission of our application was inappropriate in the following ways: First, the Staff Report indicated that "some private events may involve sales." At no point did we ever ask to have events that involve retail sales and we would happily accept a condition that no retail sales be allowed. The lease agreement that we submitted along with our application is explicit that the renters are not allowed to charge guests for anything. Second, the staff report for some reason estimated that our capacity is almost 200 people. This far exceeds the maximum capacity that we proposed in our application. It appears as though the staff report exaggerated our capacity in order to make our application and variance request seem unreasonable and burdensome to the neighborhood. We would gladly agree to a maximum capacity of no more than 90 guests, a much more reasonable number that the building is perfectly capable of accommodating. Third, in the staff report's conditional recommendations, it made several claims that the building is not up to code in various ways. First, the staff report claims that we have far fewer exits than we actually have. The building has five separate exits, including double doors in the front which count as two exits according to the code. It is unclear to us what caused the person preparing the staff report to make other claims about the property and whether it is up to code. As a historic structure, unless a building inspector has declared aspects of the building a safety hazard, the historic nature of the building is exempt from the current building code unless the property owners undertake to change the character of the building. We have done nothing but improve the floors, ceiling, and crumbling walls, and to restore the building to its former glory. Fourth, the staff report recommended unnecessary and unrealistic conditions, such as requiring us to get a liquor license and food license. These recommendations are frankly ridiculous and are not only arbitrary, but have nothing to do with our proposal. We are not proposing to open a food establishment; thus there is no need for us to obtain a food license (Washington County Ordinance No. 145, Food Code Ordinance, Section 4.1). Why would we be asked to obtain a food license? Likewise, according both to the State of Minnesota and to the city of Stillwater itself, there is no need for us to obtain a liquor license as we are not proposing to sell, import, or manufacture alcohol. (MN Statutes 340A.301, subdivision 1). Why would these conditions be imposed, unless as a means to make our proposed use an impossibility. These recommended conditions are not only arbitrary— other similar wedding venues (the library, the courthouse, Aurora Staples, William Sauntry, et al) are not required to hold a food or liquor license— but the conditions do not align with the city's objective to maintain the residential tone of the neighborhood. These conditions are far above the scope of what we are actually proposing. We are not asking to open a restaurant. We are not asking to sell liquor. We are asking to hold small private events in our home. Finally, the Staff Report and Planning Commission made several errors in its discussion of our application and in its denial of our application. First, the Staff Report reasoned that "nonconforming uses on neighboring lands, structures, or buildings in the same district or in other districts may not be considered grounds for issuance of a variance." The Planning Commission adopted that reasoning, stating that creep of non-residential uses into a residential neighborhood did not justify further creep. This reasoning is incorrect according to Minnesota law.' The character of the neighborhood does matter, and if anything, our use makes this property more residential and less commercial than it was when it was a bookstore, or for that matter, less commercial than it has been at any point in its 112 year history. C. A Variance is Warranted in this Case for the Space Limitation of a Type III Home Occupation. Variances may be granted in Minnesota if they are in harmony with the general purposes and intent of the ordinance and the comprehensive plan; when the applicant for the variance establishes a practical difficulty in complying with the zoning ordinance; when the plight of the landowner is due to circumstances unique to the property and not created by the landowner; and when the variance, if granted, will not alter the essential character of the neighborhood. 4 See Olsen v. City of Minneapolis, 115 N.W.2d 734, 740 (Minn. 1962) (a city cannot validly oppose a special use application on the basis of neighborhood nuisance where it has approved other similar applications within its boundaries that are close in proximity to residential structures). 1. The Use of the Property in in Harmony with the General Purposes and Intent of the City Ordinances and the Comprehensive Plan. One variance that we require is a variance to the space requirement of the Type III Home Occupation. We believe a variance is appropriate because we will only be leasing the church out for events a handful of times each year and because events adhere to the historic purpose of the church. The city ordinance makes numerous references to historic properties and the need for preserving such properties. The Heritage Preservation Committee ("HPC"), for example, was solely created to preserve the historic nature of many of Stillwater's buildings. We believe that our proposed use of the property is in harmony with the general purposes and intent of the city ordinances in comprehensive plan because it allows the church to remain residential for 351 out of 365 days each year. In other words, the church would be solely residential 96% of the time. Our proposal also keeps with the comprehensive plan because it preserves a historic structure, which the church inarguably is based on its unique and singular history and appearance. Previously, the church building was used as a sole residence approximately zero percent of the time, and for 88 of the church's 112 years of existence it was not used as a residential property at all. Granting us a variance to the space requirement allows the space to be largely residential while being leased out very occasionally for events. 2. We Have Established a Practical Difficulty in Complying with the Zoning Ordinance. As we discussed in our initial application and in front of the planning commission, the church was never intended to be used as a residence. In fact, HPC guidelines state that "Every reasonable effort must be made to use a property for its originally intended purpose." The church was intended as a public gathering space. The main hall's sloped floor makes it useless for practically any purpose besides a wedding, play, or recital. It is also unheated, which makes it impossible to use as a residence. The main hall also has very limited electricity and no plumbing, which makes converting it to any use but an event space practically impossible. The fact that the main hall is unheated also makes it difficult to heat and use the rest of the space during cold months, as the quadruple doors are very susceptible to heat loss. Finally, there are so few rooms in the building that it is impractical to use as a residence for most people. We are willing to make it work because we care about the property, but in the 40+ years since the church stopped being an actual church, no one else has been willing to do the same. The chair of the planning commission agreed, and none of the commissioners disputed, that we have established a practical difficulty for the space portion of a type III home occupation special use permit. 3. The Variance will not Alter the Essential Character of the Neighborhood. The planning commission and the staff report mischaracterize this requirement. It refers not to the character of what the neighborhood is zoned as but to the character of the actual neighborhood. One shouldn't take the neighborhood as it looks on a zoning map, but for what it actually is. The church is located in a unique neighborhood that is neither purely commercial nor purely residential. Within a handful of blocks in any direction are several residential properties, a senior living facility, two bed and breakfasts, ArtReach, city hall, the police department, the public library and event center, a large public parking lot, several churches, and Consolidated Lumber Company corporate office (that somehow received approval to be placed in the middle of a residential neighborhood). The essential character of the North Hill (Original Town) neighborhood is that of a vibrant, mixed use community that adds to Stillwater's reputation as an "Event City" while preserving its identity as one of Minnesota's oldest settlements. Approving our permit and the associated variances would only be in keeping with the essential character of the neighborhood. D. A Parking Variance is Warranted in this Case. 1. The Use of the Property in in Harmony with the General Purposes and Intent of the City Ordinances and the Comprehensive Plan. The factors discussed with regard to the space limitation of a type III home occupation also applies to parking. In addition, we plan on doing everything possible to mitigate the parking situation and keep street parking to a minimum, whether that means directing guests to the public ramp, or adding a requirement to our lease agreement that says for groups over a certain number, a shuttle or trolley must be arranged to transport guests from a remote and controlled location. Many renters do this already—they have rooms blocked off at a particular hotel and they arrange to have shuttles from the hotel parking lot. 2. We Have Established a Practical Difficulty in Complying with the Zoning Ordinance. We have established a practical difficulty for parking. The property simply does not have space for thirty parking spaces. 3. The Variance will not alter the Essential Character of the Neighborhood. The north 4th street neighborhood is used to the occasional extra parking on weekends. Occasionally, when there are events downtown, like the North Star bike race, Lumberjack Days, 4th of July fireworks, there are cars parked up North 4th. When we step outside my door and see that there are cars parked on the street, it's not the end of the world, but rather, "oh cool, there must be something going on this weekend!" People come to Stillwater because things are happening here: the North Star bike race, Cruising on the Croix, Fall Colors Fine Art & Music festival, Rivertown Art Festival, Live Music Days, to name just a few. Stillwater is an event town and that's a big part of what keeps it vibrant. In fact, our proposed use will fill a void that is left by the old courthouse's recent decision not to book any more weddings or events. My wife owns a retail bookstore on Main Street, and every weekend, when she chats with customers she asks them what brings them into town. More often than not, it's "I'm here for a wedding." People love coming to Stillwater. The fact that they keep coming back is what keeps our town vibrant. We don't just say that because we are personally invested in having business for the bookstore downtown. We love that when we decide to go out for dinner, there are tons of great bars and restaurants to choose from. We love that, when we have relatives and friends come into town to visit, there's a beautiful Bed & Breakfast across the street to stay in. We love that enough people come to Stillwater to support a fancy soap shop, a gourmet olive oil store, an artisan cheese shop, awesome toy store and countless other great businesses. We love that Stillwater is a place people want to visit and a place to which they want to return. And we think we as a city and community need to support and accommodate that, and occasionally, make allowances when the situation calls for it. Personally, we think putting up with a few cars on the street once in a while is a small price to pay. Just run a Google search and you will find countless cases where historic buildings were lost because modern parking requirements made an adaptive reuse impossible. As one of our supporters so simply stated, `If Stillwater wants to keep its historic buildings, it is going to have to accommodate them." III. If the City Denies Our Permit and Variances, It May Wish to or Have to Use Its Power of Eminent Domain. The city code contemplates that the city may wish to use its power of eminent domain to preserve historic structures. For example, it is in the HPC's power to make recommendations regarding specific properties and the city code specifically contemplates that the HPC may recommend that the city institute eminent domain proceedings to preserve historic buildings. If the city denies our permit, it also may be invoking its power of eminent domain by default, because when a City deprives a property owner of the reasonable use of his land, it is an unconstitutional taking.5 The Old Swedish Church is a huge brick church built in 1904 whose footprint takes up the vast majority of the plot that it occupies. Most of the space consists of a sloped floor in an unheated sanctuary that is unusable during the winter months. Until we moved in, the building was used as a church, as a warehouse, and as a bookstore. It has never been used solely as a residence. We moved in thinking that we could do something useful with the building and also have no intention of using the property solely as a residence. Stillwater's city historian, Don Empson, along with the contractor who spoke in our support at the planning commission meeting, has confirmed that this property is not suitable for conversion to condominiums. The only reasonable and economical use of this property is as an assembly hall. 6 The way the City now applies its zoning laws, even a church would not be able to successfully apply for a special use permit for the Old Swedish Church. When a City's zoning unfairly diminishes the value of a property, thus causing the property owner to bear the burden rightly borne by the public, an unconstitutional taking has occurred.' Here, if the city denies our special use permit and variances, it effectively renders the Old Swedish Church a useless building. There is no room for additional parking, it is not Czech v. City of Blaine, 253 N.W.2d 272 (Minn. 1977). 6 Czech, 253 N. W.2d at 275 (a taking is unconstitutional where the "general characteristics of the property ... virtually render[ ] it useless for any other use than [the use denied by the city]."). ' Wensmann Realty, Inc. v. City of Eagan, 734 N.W.2d 623, 632 (Minn. 2007). suitable for a residence, it is not suitable to be converted into condominiums, and as a structure of over 5,000 square feet, a 400 foot home occupation variance is virtually useless. CONCLUSION There are numerous reasons for the city council to grant us a special use permit and variances that we have discussed above. The most prominent of those reasons is that our proposal is in keeping with what Stillwater is and with the city council's vision for the city as an event town. Moreover, we believe that our proposed use makes the church more residential than it has ever previously been, and that will be good for the neighborhood and good for the city. Thank you for your consideration. Respectfully, Jonathan Moler & Cecilia August 28, 2016 Case No. 2016-27 Cecilia Loome 320 Fourth St N Dear Stillwater City Council members, We live in the "rectory" a few feet from the proposed venue. We're sure you're wondering why it has taken so long for us to object to the proposed event venue next door to our house. When Jon and Cecilia moved in approximately three years ago, they informed us that they were going to fix up the church so that they could host gatherings there, for profit. Well, I'm sure you are all aware of the events that take place on the library terrace all summer long. To hear that another event center opening within ten feet of our home caused me great alarm. asked, politely, if they could do that. Didn't they need approval from the city? Jon Moler, who is a lawyer, assured us that they had talked to someone at the city and it would be just fine. After all the things that have happened regarding the library, we believed that there was nothing we could do. We're sure at that point, had it been financially possible, we would have sold our house and left. However, it was not. Housing prices (we bought in 2006) have just now risen to the point that our house is pretty much worth what we owe on it. Therefore, we resigned myself to hoping that we could trust Jon and Cecilia to make the events as painless for us as possible. When they mentioned how many, and what types of events they were going to hold they mentioned weddings, theatre performances, etc. And then only a "handful." But now we're hearing the number 14, as the limit to the events. That is not a handful. That breaks down to more than two every month for six months from May to October. There have been a few events already, the most recent on August 20. That was a very noisy affair, with the doors to the church open and streaming out loud music, people going in and out, children running and shouting back and forth between the buildings, and people loitering in the front and sides of the building, and in our yard. With past events we have had people congregating in our front yard and smoking in areas (a foot from our backyard) that are designated as non-smoking by Jon and Cecilia. They believe that they will be able to handle and control up to one hundred people on their premises, even though there will be drinking and music that tends to get louder as the evening goes on. We have watched for ten years how that works at the library. Even though there is a set time for people to leave, they just don't. They gather outside, litter, slam car doors, talk and yell loudly, and sometimes urinate in people's' yards. Even when we were invited to the planning commission meeting to determine if the city would allow this event center, we still believed that it was just a "formality," so assured were Jon and Cecilia that they had already been granted permission. Because they are very good people, and we have become friends over the past year, we had planned to support their efforts, as they kept assuring us that there would be conditions, and most importantly, that the variance granted to them would leave with them should they move. At the meeting I was told that that is not true. The variances would stay with the building forever. That is not acceptable to us. Even though they assure us that they will never move, that is just not possible to do as nobody can predict the future. And then what? What a can of worms allowing this event center to go forward will open for our neighborhood, and also for the city of Stillwater. It would set an extreme precedent. I'm sure that Jon and Cecilia will have some of their friends speak at the meeting on their behalf. At the planning commission meeting the people who spoke in favor of the variances said that they lived more than a block away from the church. It is very easy to tolerate things when they don't affect you! People feel bad for Jon and Cecilia because of all the time and money they have put into their project. Well, we've put ten years and tens of thousands of dollars into our house. If this proposal goes forward we know that our property will be devalued. We don't know if it will even be sellable, but we certainly believe it would sell at a huge discount. We would like you to ask yourselves, would you consider buying a home within eight feet of a venue that hosts as many as 100 people, drinking and partying, more than twice every month from May to October? Also at the planning meeting Jon and Cecilia mentioned that the church is not suitable as a residence. It is our understanding that Cecilia lived in the church while she was growing up. And when the building first went up for sale, my husband and I were very interested in buying it. We would have lived there, and very nicely, too. It would make a wonderful home. To my knowledge, there isn't a church in Stillwater that has been converted to an event center, and yet they flourish as homes and condos. We're not sure if it is relevant, but it seems that Jon and Cecilia are not the actual owners of the property. We had assumed that they were. We are broken hearted to have to lose the friendship and good will of our neighbors. They are lovely people, but we don't believe that this would be a good thing for our neighborhood. We appeal to you to imagine yourself living on our block. Would you want this in your neighborhood? Please defend our right to peace and quiet as you would your own. We are asking that the City Council vote to not approve this event venue request. Timothy and Jane Paskvan 314 4th St N Stillwater, MN 651-235-8919 Abbi Wittman From: Diane Ward Sent: Thursday, August 25, 2016 2:28 PM To: Abbi Wittman Subject: FW: Old Swedish Church at 320 Fourth Street Add to your packet. From: David Junker Sent: Tuesday, August 23, 2016 6:49 PM To: Tom McCarty <tmccarty@ci.stillwater.mn.us> Subject: Fwd: Old Swedish Church at 320 Fourth Street Tom here is an email I received in favor of the church being used as an event center. This is from a neighbor on 4th st. Thanks Sent from my iPad Begin forwarded message: From: Drama club <daved99@gmail.com> Date: August 17, 2016 at 11:14:54 AM CDT To:<djunker@ci.stillwater.mn.us> Subject: Old Swedish Church at 320 Fourth Street Hello Mr Junker, My name is David deLeon and I live at 704 5th St N. I am writing to you about the Old Swedish Church at 320 Fourth Street. I would like to state that I support the building being used as an event center. I understand zoning rules need to draw a line somewhere but on the same street and one block south the library can act as an event center as well. This is why exceptions exist. I agree with Don Empson that this would be a sustainable way to preserve the beautiful building. Please let me know your thoughts on this. Thank you for your time, David deLeon daved99@gmail.com 651-734-5590 1 Abbi Wittman From: Diane Ward Sent: Sunday, August 28, 2016 12:01 PM To: Abbi Wittman Subject: FW: Old Swedish Church For your packet of information on the appeal From: woden69@ aol.com [woden69@aol.com] Sent: Thursday, August 25, 2016 9:02 AM To: Mike Polehna Subject: Question from John Harrington Hi Mike - Tom Loome asked that I speak at the 9/6 city council meeting in favor of granting event center rights to the Old Swedish Church on 4th Street. Can I do that? We live in the township, not the city. I would also be interested in your thoughts on this. Thanks, John Here is from Tom: Dear friends, As many of you are aware, our daughter Cecilia and her husband Jon have spent the last three years living in and restoring the Old Swedish Church which formerly housed Loome Theological Booksellers (1982-2012). They have spent thousands of hours lovingly restoring the architectural features that make the building so unique and beautiful. As a means to offset the substantial cost of maintaining the building, they have asked the City of Stillwater for permission to rent out their home for occasional private events. (For example, small weddings, anniversary and birthday celebrations, private parties, etc.). This plan to use the church as an event rental would have minimal impact on the neighborhood. Cecilia and Jon are asking to rent out the building for no more than 14 evenings during the entire year. While the vast majority of neighbors and residents are in support, the few who are opposed have been extremely vocal in their opposition. The church was for many years a full-time event center, with hundreds of churchgoers attending services every week. For 30 years it was a bookstore with staff and customers coming and going every day. However, the church lies just inside what is now zoned a residential district, despite the fact that within a stone's throw from the church, there is a bed and breakfast, a nursing home, Stillwater City Hall and the Police Department, the public library, and Art Reach St. Croix. Since the city's narrow framework offers no provision for what Cecilia and Jon are proposing to do, the planning commission has denied their request. Cecilia and Jon's appeal will be heard at the city council meeting on Tuesday, September 6, at 7 pm. This is the LAST CHANCE they will have to plead their case. We are writing to ask you to please, please, show your support. Help us fill city hall and show the City Council that the community DOES support this proposal to give the Old Swedish Church a new life! We are asking now for your help: 1. Most importantly, if you are able, please attend the city council meeting on Tuesday, September 6, at 7 pm. (216 N. 4th St.) Democracy works only when people actually show up! Please help us fill City Hall and show the City Council that the community DOES support this campaign to give the church a new life with minimal impact on the neighborhood. Public sentiment is of the utmost importance in this final attempt to give this beautiful historic building a place in our community. 2. Say something! There will be a chance to speak during the open forum portion of the meeting. You needn't give a speech, although you are free to speak briefly or simply to say "I am a Stillwater resident and I support this proposal" or "I am a Stillwater resident and I agree with the last speaker." 3. Share! Please forward this email to anyone you know who might be interested, and encourage them to be present on Sept. 6th Stillwater's eminent local historian, Don Empson, has written a lovely letter of support, which you will find below. Also, attached are some "before & after" photos of some of the incredible work Cecilia and Jon have done. Thank you for reading this, and please do not hesitate to call, text, or email Karen (651-208- 2893; karenloome@gmail.com) with any thoughts, ideas or questions. If you would like to see the church and the beautiful work Cecilia and Jon have done (it is truly amazing), they would gladly give you a tour! Thank you ahead of time for your support! Karen and Tom Don's letter: "As one who has spent over 50 years in historic preservation, (and written several Stillwater neighborhood histories) I can say with certainty that one of the most difficult issues in saving old commercial buildings, including churches, is finding a sustainable use for the building. Without some established purpose or use, it is very difficult to justify keeping the building instead of just tearing it down, and building a new structure. The Old Swedish Church at 320 Fourth Street North is one of Stillwater's finest historic buildings. Unlike some of the other older churches in Stillwater, it cannot be converted to residences. With its large open interior and sloping floor, it is not really suitable (nor zoned) as commercial warehouse or retail space. Instead, I believe the current owners have found a sustainable use for the church building as an occasional event space. I believe they will use this opportunity for the building in a responsible way. I hope the Planning Commission will make the necessary changes to allow the preservation of this historic church." 2 September 1, 2016 Bill Turnbladt 216 N. 4th Street Stillwater, MN 55082 Dear Mr. Turnbladt, Received SEr' 2016 111- nunity DL My name is Sheryl Weitzel and I am writing in support of Cecelia Loome and Jonathan Moler's ability to host limited paid gatherings at 'The Old Swedish Church'. My husband and I will be out of town on September 6 therefore unable at attend your city council meeting. We have live at 121 Cherry St. W. for the past five years and during that time the church on 320 4th St. has been a bookstore, then a paid venue for a few gatherings. We are only a block and a half away and have felt minimal impact, if any, in terms of noise and/or parking. To the contrary, Cecelia and Jonathan have gone to great lengths to improve the property inside and out. We enjoy the marked improvement to the exterior doors, as well as, the beautiful flower gardens they have put in. The few gatherings they have hosted have been quiet and respectful. Their guests do part along the street for a few hours but so do other businesses and families when they have celebrations. Their block and further south on 4th St. has multiple businesses, large and small. Surprisingly, they too have had little impact in our daily comings and goings. We actually find we don't have to leave town less often to shop and they bring life to our neighborhood: Art Outreach -easy access to local art and music Churches -sense of community as families come together to worship Bed and Breakfast -know we are some place special to see others experiencing our unique setting Lil' Tulip -ability to shop for our grandchildren for upscale baby goods Reclaiming Beautiful -browsing for unique decor There are so many others also: the library, the nursing home, the post office, police station, and even you, City Hall. Adding 'The Old Swedish Church' to the above list seems so minute in comparison. The church was never intended to be used as a sole residence, nor has it ever been. The historical building needs to sustain itself if it is going to be preserved and maintained. Johnathan and Cecilia, themselves, have a historical connection to the building, as well as, a vested interest in following all the rules and fitting into the neighborhood by living there. Lastly, Stilllwater is a beautiful, unique and alive city that the world seeks to visit. 'The Old Swedish Church' at 320 4th St. N. only adds to our color and flavor and my husband and I champion their ability to once again throw open its doors to limited celebrations of lifel To do otherwise would seem grossly unfair because there is room for all of us. Sincerely, Sheryl Weitze9-✓ 121 Cherry St. W. Stillwater, Mn 55082 Sec. 31-315. - Allowable uses in residential districts. illiwaler Planning Department ALLOWABLE USES ZONING DISTRICTS A -P LR CTR RA TR CCR RB CR TH CTHR RCL RCM Single-family dwelling P P P P P P P P P CUP Two-family dwelling P pz CUP Attached single- family dwelling or townhouse3 SUP P Townhouse, row house, group house P Multifamily dwelling4 and condominiums SUP Accessory dwelling (See Section 31-501 SUP P SUP Duplex accessory unit (See Section SUP 31-502 Roominghouses1 CUP Type I home occupation (See Section 31-500 P SUP P P SUP P P P SUP A SUP Type II home occupation (See Section 31-500 SUP SUP SUP SUP SUP SUP10 SUP SUP SUP Type III home occupation (See Section 31-500 SUP SUP Accessory building and use A A A5 A A6 A7 A8 A Public schools P CUP Elementary school SUP P CUP Public and private primary and secondary schools9 SUP10 SUP9'1° Early childhood education SUP Parks, playgrounds and other open space areas P P P P P P P P P 1 of 3 6/17/2013 8:12 AM Private recreation facility A A Church or other place of worship SUP10 SUP1° P CUP Cemeteries SUP10 SUP1° Hospital, nursing home or rest home SUP10 SUP1° Institutional building P CUP Bed Et Breakfast SUP1° p11 SUP Off street parking Et loading A A Agricultural uses P Agricultural produce sales P Commercial greenhouse P Fish hatcheries and aviaries P Fishing lakes and picnic groves12 P Forest and wildlife reservations or similar facilities P Fur farming (raising fur bearing animals, excluding skunks and civet cats) P Riding academies or stables P Essential services P P P P P P P P P P P P Commercial uses not found objectionable by neighbors CUP Retail business of a corner store nature CUP Senior care living facility SUP CUP Armory SUP1° Municipal fire station SUP1° P = Permitted use SUP = Use permitted with a Special Use Permit CUP = Use permitted with a Conditional Use Permit 2 of 3 6/17/2013 8:12 AM A = Accessory use Blank cell in table means that the use is NOT allowed. Only one principal structure is allowed on a parcel. Two-family dwelling allowed only on corner lots. An attached single-family dwelling or townhouse is defined as: A single structure consisting of not less than 3 dwelling units located or capable of being located on a separate lot, and being separated from the adjoining dwelling unit by an approved wall extending from the foundation through the roof and structurally independent of the adjoining unit. Dwelling units for three or more families on a single parcel. Accessory structures are limited to one detached garage or one accessory dwelling. Accessory dwelling is permitted only with a special use permit. Garage is limited to a total of three stalls and all detached accessory structures shall be regulated by the standards found in Section 31-501, Subd. 2 (performance standards for accessory dwelling units in CTR district). Accessory structures in the TR district are subject to the regulations found in Section 31-503, Subd. 1 Accessory structures in the RB district are subject to the regulations found in Section 31-503, Subd. 2 Garage is limited to two stalls wide. Including accessory buildings and uses located upon property contiguous to that occupied by the main building. SUP may only be issued by city council. Must be located at least 900 feet from another bed & breakfast. No concession or retail sales are permitted. (Ord. No. 1003, § 2, 1-20-09; Ord. No. 1030, § 2, 5-17-11; Ord. No. 1055, § 2, 12-18-12) 3 of 3 6/17/2013 8:12 AM i11watc Planning Department J Sec. 31-500. - Home occupations. The regulations contained in this Section 31-500 are intended to control over any inconsistent regulations that might appear in this chapter. Subd. 1. Type I home occupations. (a) Type I home occupations are permitted uses in the RA, LR, TR, CR or RB zoning districts if the home occupation is in compliance with the following regulations: (1) No outside storage or display of products, equipment, or merchandise; (2) No in person retail sales; (3) No traffic that is greater than the residential level of the neighborhood; (4) No separate business entrance; (5) No signs; (6) Not more than 15 percent of the total gross floor area of a dwelling unit or 300 square feet, whichever is less is devoted to home occupation use; (7) No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; (8) All Type I home occupations must be registered with the community development director on a form provided by the city; and (9) Any Type I home occupation use that exceeds the standards set forth in this section requires a special use permit; and (10) No nonresident employees are permitted. Type I home occupations are allowed by special use permit in the CTR, CCR, CTHR and RCM zoning districts if the home occupation satisfies the general standards found in Section 31-207 (Special use permits and conditional use permits) and is in compliance with the following regulations: (1) No outside storage or display of products, equipment, or merchandise; (2) No in person retail sales; (3) No traffic that is greater than the residential level of the neighborhood; (4) No separate business entrance; (5) No signs; (6) Not more than 15 percent of the total gross floor area of a dwelling unit or 300 square feet, whichever is less is devoted to home occupation use; (7) No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; and (8) No nonresident employees are permitted. Subd. 2. Type II home occupations are allowed in the RA, LR, TR, CR, CTR, CCR, or CTHR zoning districts if a special use permit for the occupation is first obtained. (b) (a) The following regulations with regard to Type II home occupations must be observed and the regulations made a part of any special use permit issued for the occupation: (1) No outside storage or display of products, equipment or merchandise is permitted; (2) Any retail sales must be accessory or incidental to the primary residential use; (3) Infrequent hobby, craft or art sales are permitted twice per year for not more than six 1 of 2 6/24/2013 4:19 PM days per calendar year; (4) Customers must be scheduled by appointment; (5) Off-street parking must be provided for any customers; (6) No signs are permitted; (7) Not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet, whichever is less; (8) Business hours are limited to the period of 7:00 a.m. to 8:00 p.m.; (9) No nonresident employees are permitted; (10) No traffic that is greater than the normal residential area within the neighborhood; and (11) Type II home occupations are subject to review upon complaints from the neighborhood. If in the opinion of the community development director the complaints are substantial, a public hearing must be held at which time additional conditions may be added to this special use permit or in the alternative, the Type II home occupation permit may be revoked. Subd. 3. Type Ill home occupations are allowed only in the RB and CTHR zoning districts if a special use permit is first granted. (a) Type III home occupation permits must observe the following conditions and the conditions must be made a part of any special use permit: (1) No outside storage or display of products, equipment, or merchandise is permitted; (2) Any retail sales must be accessory or incidental to the primary residential use; (3) Infrequent hobby, craft or art sales are permitted twice per year for not more than six days per calendar year; (4) Any sign must be unlighted and smaller than two square feet; (5) Customers are permitted by appointment only; (6) Not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet, whichever is less; (7) No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; (8) Business hours are limited from 7:00 a.m. to 8:00 p.m.; (9) Off-street parking must be provided for customers; (10) No more traffic which is allowed other than in a normal residential area; (11) No more than one nonresident employee is allowed; and (12) Type III home occupations are subject to review upon complaints from the neighborhood. If in the opinion of the community development director the complaints are substantial, a public hearing must be held at which time additional conditions may be added to this special use permit or in the alternative, the Type III home occupation permit may be revoked. 2 of 2 6/24/2013 4:19 PM iliwater THE B I R T H P t A O E OF MINNESOIA PLANNING COMMISSION MEETING DATE: July 13, 2016 CASE NO.: 2016-27 APPLICANT: Cecilia Loome, representing the Old Swedish Church REQUEST: Consideration of a Special Use Permit for a Type III Home Occupation, and associated variances for the Old Swedish Church located at 320 4th Street North. ZONING: RB - Two Family District COMP PLAN DISTRICT: Low/Medium Density Res. PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND On May 5, 2016, notice was sent to the property owners of 320 4th Street North, the historic Swedish Evangelical Mission Church, advising of the City's receipt of complaints the property was being utilized as an events venue. The notice advised this use was not permitted, the use must cease, and no further reservations should be made. Upon discussion with Planning Staff, the operators of the events center indicated they would like to apply for a Type III Home Occupation as the means for which the business could come into compliance with the Zoning Regulation. SPECIFIC REQUEST Cecilia Loome is applying for a Special Use Permit for a Type III Home Occupation to allow for the structure at 320 4th Street North, currently a single family residence, to be utilized as an events venue. The request is accompanied by the following variance requests: 1. A variance to the maximum 400 square foot (20%) total gross floor areal of a dwelling unit to allow for a 3,512 square foot (85%) event venue; and 2. A variance to the 7:00 am to 8:00 pm business hours limitation to allow for events to be held from 7:00 am to 9:30 pm; and 1 City Code Section 31-500, Subd. 3(a)(6) 2 City Code Section 31-500, Subd. 3(a)(8) Case No. 2016-27 CPC: July 13, 2016 Page 1 of 6 3. A 41-54 parking space variance to the total number of parking spaces required3. REVIEW STANDARDS City Code Section 31-500, Subd 3 indicates Type III home occupations are allowed only in the RB and CTHR zoning districts if a special use permit is first granted. The use must observe the following conditions and the conditions must be made a part of any special use permit: No outside storage or display of products, equipment, or merchandise is permitted The applicant is not proposing any permanent outside storage, though temporary lavatories and catering vehicles will be outside during events. Any retail sales must be accessory or incidental to the primary residential use No retail sales are proposed with the rental of the facility thought some private events may involve sales. Infrequent hobby, craft or art sales are permitted twice per year for not more than six days per calendar year The application indicates private events would be held but further indicates 'art exhibitions, fund raisers, community theater and music performances' are some of the types of events that may be held at the facility. Any sign must be unlighted and smaller than two square feet; and Any sign must be unlighted and smaller than two square feet At this time no sign is proposed for the facility. Not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet, whichever is less Approximately 85%, or 3,512 square feet, of the total gross floor area would be utilized at a part of the event venue. As such, the applicant is requesting a variance to this condition. No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors The applicant has indicated no amplified music will be utilized in the event venue and no music is allowed outdoors. Business hours are limited from 7:00 a.m. to 8:00 p.m. The applicant is requesting a variance to this condition to allow events to be held until 9:30 pm. Off-street parking must be provided for customers A single parking space is available on the property. However, this will not meet the parking needs (of 42 parking spaces) of the maximum number of people (125) the applicant has indicated is estimated. Based on preliminary estimations of seating in the main sanctuary and standing room in the balcony/loft, a conservative occupancy estimate is 164 which would require a minimum of 55 parking spaces, two of which would need to be designated accessible spaces. As such, the applicant is requesting a variance to this condition. No more traffic which is allowed Though not designated as a collector, North 4th Street 3 City Code Section 31-500, Subd. 1(c) and City Code Section 31-500, Subd. 3(a)(9) other than in a normal residential area serves as a collector for traffic to and from the North Hill. This street's traffic is greater than most traditional residential streets. No more than one nonresident employee is allowed No nonresident employees have been proposed by the applicant. Additionally, the purpose of the variance application is to "...allow variation from the strict application of the terms of the zoning code where the literal enforcement...would cause practical difficulties for the landowner." In addition to the requirements, below, Section 31-208 indicates "[n]onconforming uses or neighboring lands, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance" and "...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 31-208 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. The applicant must demonstrate that: The variance is in harmony with the general purposes and intent of this chapter. The purpose of the Home Occupation in the RB - Two Family Residential District is to allow for limited commercial uses as a small portion of a residence, thereby maintaining the residential nature of a neighborhood. When coupling the request for increases to the maximum square footage, the increase in business hours and the need for a significant parking variance, the combined effect is not in harmony with the general purposes and intent of the zoning code. If granted, the variances would allow for a use that is not in harmony with the general purposed and intent of the zoning code. The variance is consistent with the comprehensive plan. Comprehensive Plan Chapter 5, Historic Resources, indicates and objective of the City is to "encourage compatible remodeling, restoration, and/or reuse of historic buildings, including homes." However, the proposed use is not compatible with the City's Future Land Use Plan. Comprehensive Plan Chapter 2, Land Use, indicates institutional uses have been guided according to their surrounding residential neighborhood...so that if a school or a church were to close or vacate, the future land use of the property would become residential4. The plan further indicates residential zoning districts also allow for supportive uses typically found in residential settings, such as churches and schools. 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: Comprehensive Plan Page 2-19 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 proposed is not allowed in the RB - Two Family Residential District unless all conditions of approval for Type III Home Occupations can be met. As the conditions cannot be met, and variances are being sought, the proposed use as an events venue is not reasonable. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and While it is true the structure has been on this property for over 100 years, the institutional use ceased nearly 40 years ago and has been under the same ownership for the last 30 years, first used as a single family residence. While the structure is not a traditional residence, it is not uncommon for historic churches in Stillwater to be utilized as residences without intensifying the use with commercial endeavors. The variance, if granted, will not alter the essential character of the locality. As the applicant indicates, this property is located in a mixed-use neighborhood. While properties to the south of Mulberry Street (City Hall, Library, and ArtReach) are institutional and cultural uses, these properties are zoned as Public Administration and are designed to serve as a buffer between the downtown commercial uses and the north hill residential neighborhood. Although this property was granted a use permit to allow for limited bookselling in 1984, the commercial expansion in this neighborhood has been a challenge. The property is adjacent to a senior living center; this use was approved in 1969 and its continued operation is reasonable so long as it does not negatively impact the neighborhood. Adding the Aurora Staples Inn to the neighborhood uses, the commercial uses have been clearly creeping into, and infilling, the residential neighborhood. Granting variances expanding the total square footage of the commercial use to greater than the residential use, the hours of operation past the limited time periods for Home Occupation, as well as a variance to the parking regulations may alter the character of the locality, further intensifying commercial uses in this residential neighborhood. EVALUATION OF REQUEST In evaluating the request, the standards for review of a Special Use Permit should be included. 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The proposed use does not conform to the intentions or requirements of the zoning code provisions for Allowable Uses in Residential Districts nor the conditions for Type III Home Occupations. Furthermore, as the structure has been utilized as a residence since its assembly usage in the late 1960s, the structure no longer meets the code requirements for accessibility, exiting (doors, corridors, travel distance to and accessible routes from accessible parking, fire sprinklers, restrooms, and HVAC systems. 2. Any additional conditions necessary for the public interest have been imposed. If the Planning Commission finds all standards and conditions have been met for this request, staff recommends the conditions listed below to protect the public interest. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. While the applicant has indicated the use will be minimal and have little impact to the neighborhood, the increase of commercial use in this neighborhood is a concern and could constitute a nuisance in this neighborhood. ALTERNATIVES The City Council has the following options: 1. Determine that Case No. 2016-27 has established practical difficulty in complying with the parking regulations, as well as the hours of operation and maximum square footage for Type III Home Occupations, and substantially conforms to the requirements for Type III Home Occupation Special Use Permits and move to approve the application request with at least the following conditions: a. Plans shall be substantially similar to those on file with the Community Development Department's Case No. 2016-027 and dated as 6/17/2016. b. Prior to any further events being held at the facility, the property owner shall secure necessary building permits for conversion of this structure from a single family residence to an assembly facility. Work shall be conducted and approved prior to any further commercial activities occurring onsite. c. Prior to any further events with food being held at the facility, the property owner shall secure all necessary permits and licenses from Washington County Health Department. d. Prior to any further events with alcohol, and only after approvals from all other departments and agencies, a liquor license must be obtained from the City Clerk's office. e. Food trucks may only be located on private lands and offer refreshments to guests of private parties. f. Per the City's nuisance ordinance, no device for the production or reproduction of sound in a distinctly and loudly audible manner is permitted outdoors between the hours of 10:00 p.m. and 8:00 a.m. 2. Determine that Case No. 2016-27 has established practical difficulty in complying with the parking regulations, as well as the hours of operation and maximum square footage for Type III Home Occupations, and substantially conforms to the requirements for Type III Home Occupation Special Use Permits and move to deny the application. 3. Continue the public hearing until the August 2016 meeting for additional information. RECOMMENDATION On the basis the application does not conform to the intent, requirements and conditions set forth for Type III Home Occupations, Special Use Permits, and that the property owner has not established practical difficulty regarding parking, the maximum square footage of the Home Occupation, nor the hours of operation, staff recommends denial of the application. ATTACHMENTS Site Location Map Applicant Submission Narrative (SUP and Variance) Site Plan Floor Plans Rental Contract Letter of Support Restoration Photographs Parking Photographs Zoning Map The Birthplace of Minnesota 320 4th Street North CI Subject Property Parcel Boundaries Municipal Boundary 0 170 340 680 Feet General Site Location LEGAL DESCRIPTION Parcel Number: 28.030.20.13.0116 Property Address: 320 4TH ST N STILLWATER, MN 55082 MAPS Class: C&I Legal Description: LT 2-3 BLK 14 EXC S 32FT SD LT 3 BLOCK 14 SUBDIVISIONCD 2695 SUBDIVISIONNAME STILLWATER BLOCK 14 LOT 3 SUBDIVISIONCD 2695 SUBDIVISIONNAME STILLWATER Lots 2-3 of Block 14 except 32 feet of Lot 3, Original Town Stillwater NARRATIVE My name is Cecilia Loome and since the summer of 2013 my husband Jonathan and I have been living in and restoring the old church building located at 320 N. 4th Street. We are asking the planning commission for permission to host occasional private events in the church. Unaware that we needed a permit, we have been offering our home for event rentals since this past winter and have taken several reservations. We had inquired with the city as to what sort of licensing or permission we would need to host weddings in our home, but there was a misunderstanding and it was only recently brought to our attention that a special use permit was required. Since then, we have stopped taking reservations and will not take any more until the permitting is approved. We would like to take the opportunity to share a little about the history of the property and our proposed use for it. The church was built by Swedish immigrants in 1904 and as such we have been referring to it as the Old Swedish Church. It remained a church through the 1970's, when it briefly changed hands before my parents purchased it in 1982. My father ran a bookstore out of the church, and in the first few years (until 1989) is also served as my family's residence. After my father retired in 2008, the book business was purchased by two employees, who continued to operate the business out of the church until they relocated in 2012. Once the bookstore left, we found that the building was in rough shape. Behind the bookshelves, which had been in place for three decades, were crumbling plaster walls and water -stained woodwork. The original fir floors were hidden by layers of ancient shag carpeting and vinyl tile. The original domed pressed tin ceiling was warped and flaking and the towers were inhabited by squirrels and pigeons. But beneath the grime and wear, there was potential, and my husband and I decided to take on the project. We moved into the building in the summer of 2013 and over the past three years, we have spent literally thousands of hours scrubbing, stripping, repairing, refinishing, and painting. In addition to the work we've done ourselves, we had the roof entirely replaced- a costly investment that we will be paying off for years to come. We did not enter into this restoration project with the intent to rent it out as an event space. We just felt that it was a special property and that SOMETHING had to be done with it. It was during the time we spent working on the place that it became clear that renting it out for special events would both be the most natural use of the space as well as the most practical. The Old Swedish Church was designed for gatherings and assemblies. Modelled after the design of turn - of -the -century opera houses, the slanted floor gives guests an equally good view of the stage and the domed tin ceiling provides such good acoustics that there is no need for amplified music. At the same time, these unique original features make the space impractical for other uses. We have worked hard to restore the building to its original state, because to alter it-- to turn it into something new-- would be to destroy the very characteristics that make it unique. We desire nothing more than to give the place a new life as what it was intended to be from the start- a place for people to come together. In its 110+ year history, the Old Swedish Church has never been a typical residence. Likewise, the neighborhood in which is sits is not a typical residential neighborhood. The public library, the Aurora Staples Inn, the nursing home, and city hall are all within a stone's throw of the church. Having occasional private events at the Old Swedish Church would not alter the tone of the neighborhood, and the traffic would be no different from that generated by concerts at Trinity Lutheran Church or events at ArtReach St. Croix and the library. REUSE OF A HISTORIC STRUCTURE The Old Swedish Church has rarely been used as a residence, and has never, to our knowledge, been used solely as a residence. Though the church is not a typical residence, it is our home. We do live here, and we hope to continue to do so. Hosting a wedding in one's home is incredibly disruptive, especially with young children. My husband and I both have full time jobs—he is an attorney in St. Paul and I am a shop owner in downtown Stillwater. We have neither the time nor the desire to run a full-time "event center." However, it is not a practical residence. With no heat, electrical outlets, or plumbing, the main body of the building is unusable for much of the year. The main body of the building also has a sloped floor that makes it unusable for most purposes but makes it uniquely well-suited to events like weddings or plays. We view holding private events as a very part-time, occasional, enterprise which would allow us to continue to live in and restore the Old Swedish Church. Without the ability to make some income off the place, it simply does not make sense to live here. Being able to host occasional private events would afford us the ability to continue living in and restoring the building, and provide both us and the city of Stillwater with a means to use and preserve this unique part of Stillwater's history. The Old Swedish Church is a part of the Heirloom & Landmark Sites Program, and in the three years that we have been restoring the building, we have adhered to the guidelines and ideals of the program. We have saved and preserved original features whenever possible. We've scoured salvage yards to locate oak trim to match the original woodwork throughout the building. We've searched eBay and antique malls to find antique grates and register covers in the same design as those in the church. We've removed layers of old shag carpet and spent hours carefully scraping off adhesive to reveal the original fir floors beneath. Though it has taken a staggering amount of time, labor, and money, it has been incredibly rewarding to see this beautiful structure come back to life. We are so excited about the progress we've made so far and we are proud to be able to share it. We also strongly believe that events are the proper use for a building such as this one; without a practical use, we are concerned that the church will again fall into disrepair. OUR PROPOSAL & VISION FOR THE CHURCH AS A PRIVATE EVENT RENTAL Outdoor activity We anticipate very little, if any, outdoor activity. On the south side of the building, far back from the street, there is a small enclosed patio, which guests would be free to enjoy, but otherwise there is very little outdoor space and so events would largely be contained within the building. Our rental contract, which we have attached to this application, prohibits any outdoor music and does not allow amplified music inside. Types of Events In the several months that we have been offering the space for rent, we have received inquiries for various types of events including weddings, birthday parties, baby showers, art exhibitions, fundraisers, meetings, baptism and graduation parties. Friends and acquaintances who have been in the church have talked about the possibility of community theater and acoustic music performances. Based on the square footage of the rental space and the number of exits, we estimate the maximum capacity to top out at around 125 guests. Most events would be between 30 and 70 guests. It has been very educational for us, as we've been offering the Church for rent, to discover what types of guests and events we might attract. Most of the interested parties have been smaller groups who appreciate the historic charm that the Church has to offer. It is perfectly logical: the building is only available in the warm months, and people who want to have a big wild party in the summer do not want to be cooped up in a relatively small venue with little to no outdoor space. We are not the library—on the contrary, we seem to be attracting the opposite type of renter: people who want a smaller, quieter, more intimate, more laid-back type of event. Furthermore, our contract requires guests to start wrapping up by 9:30, which is a deal breaker for many younger guests who want to party until late in the evening. In addition, we do not allow amplified music, which helps to weed out the party crowd (we have turned down renters in the past who have insisted on having live, amplified music). Timing, Length & Frequency of Events Parking Events would be held on Saturdays or Sundays, typically in the afternoon and early evening. In keeping with the noise ordinance and the tone of the neighborhood, events would conclude by 9:30 pm. There would never be more than one event per weekend. As previously discussed, we have no desire to run a full-time event center. We have full time jobs, an active 1 -year old, and we hope to have more children in the future. Ideally, we would hope to host between 14 and 20 events per year—that is, renting out our home for less than 5% of the time. We feel that this is a very reasonable and manageable number that would fit in well with our lives as well as fit in with the neighborhood. There is one designated private parking spot on site which could be used by caterers or other vendors. Guests would be instructed to park in the public ramp. Due to the special characteristics of the property, adding additional on-site parking is not feasible, and so we have applied for a parking variance. In that application, we discuss the parking issue in more detail. We have reviewed the city code and we believe our case for a special use permit is substantially similar to the requirements for a Type III home occupation. We would have no problem adhering to most of the twelve criteria listed. There would be no signage and no staff other than ourselves. We would not be selling anything, and as the events would be private, the only "customers" would be invited guests. As already discussed, the traffic would be occasional and would not be at such a level that it would be inappropriate for the neighborhood. The sixth criteria- "Not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet, whichever is less" would be an issue. As we've pointed out, the Old Swedish Church is no typical residence. It was never intended to be and it never has been. The area of the building that would be rented out would be the main sanctuary—the body of the church as well as the choir loft—along with the reception room and adjacent dining room. It would be a different question if we were talking about taking a normal residence and converting a huge portion of it into a commercial space. In our case, we are not creating something new; we are only asking that the space be allowed to be used for its original purpose and intent, on an occasional, infrequent basis. As to the permitted business hours, we would only be asking for a slight extension to the allowed times, so that events could run until 9:30 rather than 8:00. Given its location at the very edge of the residential district and its proximity to downtown and to the library (where events frequently run until 11 pm), we feel that this slight allowance would not have a significant impact on the neighborhood. With the previous events that we have held, we have not received or been notified of any complaints. The only other criteria we would have to address is the requirement for off-street parking. Ours is one such occasion that merits special consideration due to special characteristics of the property and we have submitted a separate request for a variance on the parking issue. We feel that this unique property is truly a gem and an important part of Stillwater's heritage, and we hope very much that we will have the opportunity to share it with the Stillwater community. We are eager to engage in a dialogue with the community about our proposed use of this historic structure, and we look forward to the opportunity to address specific questions or concerns. We are fully prepared to compromise and accept limitations on our use of the building. The Old Swedish Church is what it is; it is WHERE it is. While it technically does fall within a residential district, it is not a practical residence. If our proposal is denied, what will become of the building? Either someone will use it for something, or it will fall back into disrepair. For it to survive, someone has to do SOMETHING with the place. Our proposal is reasonable and unobtrusive. We love Stillwater. This is our home and we can't imagine raising our family anywhere else. One of the things that we love most about Stillwater is its uniqueness. We respectfully ask the planning committee to consider the uniqueness of this property when making their decision, and given the circumstances, be open to granting a special use permit for this beautiful part of Stillwater's heritage. Thank you, PARKING VARIANCE APPLICATION Practical difficulty. i. 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 We wish to use our residence, the Old Swedish Church, to rent out for occasional private events (approximately 14-20 per year). We are applying for a home occupancy III special use permit ("SUP") along with this variance. Our proposed use of the property is addressed in that application, including how the use corresponds with the requirements of a home occupancy 1I1 permit. Please see the section "Our Proposal & Vision for the Church as a Private Event Rental" of our SUP application for a discussion of the reasonable use of the land. ii. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner. Through no fault of ours, there is simply nowhere to add parking on the property. The footprint of the building does not allow for additional parking. The Church is nestled closely between two other old historic properties, with no clearance for vehicles on either side of the building. The back of the building, even if it were accessible, butts into a steep hillside (top of the Cherry Street ravine). There is one designated parking stall carved into the north side of the front lawn but aside from this, additional parking is simply not feasible. iii. The variance, if granted, will not alter the essential character of the neighborhood. Having occasional private events at the Old Swedish Church would not alter the tone of the neighborhood. Though it sits on the edge of the residential zone, the North 4th Street neighborhood is home to a variety of non-residential uses including a nursing home, bed & breakfast, and city hall. The occasional extra parking and traffic would be no different from that caused by concerts at Trinity Lutheran Church or events at ArtReach Alliance and the library. We are fully aware that parking on 4th Street is a concern for the neighborhood and we plan to employ every possible means to address the issue. For one, in our rental contract, we will require that tenants instruct their guests (either on their invitations or on their wedding website, if they have one) to park in the public ramp. I've timed it myself, and it is a 4 -minute walk (and this is while pushing a stroller, no less!) from our building to the parking lot entrance on 3rd Street, which is a perfectly reasonable distance. Would this completely solve the parking issue? No. There would still be people who would choose to park on the street, latecomers, or those who don't want to or are unable to walk the 3 blocks. There's no practical way for us to enforce guest parking. However, this requirement would absolutely help to alleviate the parking situation. Even if only a third of guests followed the instructions and parked in the ramp, it would go a long way to free up street parking on 4th Street, Mulberry, and Linden. Another thing to consider is that not all guests would be parking on the street. For example, when we had our own wedding at the Old Swedish Church last summer, our guests had reserved all 6 rooms of the Aurora Staples Inn (across the street) as well as 4 out of 5 rooms at the William Sauntry Mansion (three blocks up on 4th Street). This meant that all these guests left their cars at their respective lodging, and did not add to the street parking. We are also aware that numerous guests from out of town chose to carpool with other guests staying at nearby hotels. As an example of the effect on the neighborhood, we have attached photos of 4th Street that we took during a recent wedding (May 2016); the street does not look significantly different from normal times. A neighbor commented to us that they would not have known that we were having a wedding but for the white bows on our handrails. A second example: We recently showed the Church to a bride who was looking only for a ceremony space- she'd already booked the Lowell Inn for her reception. Most of her guests were planning on staying at the Inn as well. Obviously, very few of this bride's guests would be driving the 3 blocks between the ceremony and reception. It is important to remember, too, that a wedding with 50 guests does not mean there will be 50 cars battling for space on 4th Street. People usually come to weddings as couples or families. Guests coming from the Twin Cities often rideshare. Thus, a guest count of 50 might translate to 20-25 cars. Perhaps a third of those cars would follow their host's directions and park in the public ramp. That leaves us with maybe 15 cars. Several of those 15 would likely be staying nearby- at one of the B & B's, at the Lowell Inn or the Water Street Inn, and would opt to walk the 5 minutes to the wedding rather than try to move their car and re -park. The end result, then, is that a few times a year, on a Saturday afternoon, 4th Street, Linden, and Mulberry, might see a handful of cars parking on the street. 314 N. 4th Street (Tim & Jane Paskvan) 4 HILL PATIO 10 x 24 I (APPROX.) 'Cur' — SIDEWALK rn 4• 3 ; 217 W. Linden Street —. (John Allen & Barbara Champlin) HILL HILL RETAINING WALL 320 N. 4th Street (The Old Swedish Church) . • FRONT LAWN CITY SIDEWALK 4m STREET NORTH .4— UI FEraCE DRIVEWAY/ PARKING 10 X 19 I INN lb FT. 324 N. 411. Street (George Abi Ghanem) " DINING ROOM 39 X 18 - STORAGE/ UTILITY 8X6 w/c 8X6 - ENTRY 8X6 SPIRAL ENTRY 8X10 -11---- 5 •-•^•,; RECEPTION ROOM 20 X 18 MAIN ROOM 40 X 40 (APPROX.) FIRST FLOOR 1 INCH =8 FT OFFICE KITCHEN 9 X 12 11 X 18 ( STAGE 20 X 15 (APPROX.) TO BASEMENT CLOSET 9x6 LANDING 8 X 10 (APPROX.) / FAMILY ROOM/ BEDROOM 18 X 18 CHOIR LOFT 20 X 20 (APPROX.) - CLOSET NURSERY 11 X 18 ANOD]V9 SECOND FLOOR INCH t FT. RENTAL CONTRACT PRICING & RESERVATIONS Standard Event Rental Fee for a Saturday wedding reception/ event, 4-10 pm is $750.00 Includes use of the space, amenities, and additional time for set-up, rehearsal, and take-down. No wedding date or time may be reserved or held without a signed rental agreement and down payment. The Venue will hold all down payments for 7 calendar days from the date of receipt. All down payments are fully refundable during the 7 -day hold period. After 7 days all down payments become non-refundable. If the Guest decides to cancel a reservation during the 7 -day hold period, the Guest is responsible for notifying the Venue by 5 pm on the seventh day. DEPOSITS Down payment of half the rental fee ($375.00) is due when the reservation is made. Damage deposit of $400.00. The Guest may forfeit all or part of their damage deposit if the facility is not left in good condition. The Guest is responsible for paying any specific damages caused by their group. Noise Compliance deposit of $200.00 will be required for any event with amplified music. The Deposit is subject to forfeiture by the Renter for: 1) not concluding the music at the time specified in the agreement; 2) failure to turn down the volume of the music when requested to do so either by us or by the Stillwater Police; 3) the issuance of a citation to the renter or their agents for violation of the City of Stillwater Noise Ordinance. The balance of the rental fee, damage and noise deposits are due no later than 7 days before the event. The damage deposit and noise compliance deposit will be returned within 7 days following the event provided that no damage was done to the venue and no noise violations occurred. If damage occurred to the Venue, the damage deposit will be returned less the amount needed to return the Venue to its original state. The Venue will provide documentation for any repair expenses. (See also- CLEAN UP) The standard event fee includes use of the building and grounds, folding chairs and tables, bar, serving tables. Set-up of tables and chairs is included in the fee; a plan for arrangement of furniture must be agreed upon no later than 7 days before the event. EVENT INSURANCE The Guest must carry insurance to cover the event. A minimum of $300,000 in Bodily Injury and Property Damage Liability is required. The insurance policy must be in the name of the person signing the lease. Proof of insurance is required before the event takes place. If you plan on serving alcohol, check with your insurance agent to make sure your event insurance has adequate coverage. SET-UP/ REHEARSAL/ TIME ALLOTMENT The Venue will not schedule more than one event per weekend in order to provide the Guest with ample time for setting up and decorating. Set-up and drop off may begin up to 48 hours ahead of time but must be scheduled at least 7 days in advance. To ensure that the event runs smoothly, the Venue requires a mandatory planning meeting with our event coordinator which can take place anytime between 8 and 4 weeks before the event. The Venue is responsible for having the space set up before the event according to the plan as decided upon at the planning meeting including arrangement of chairs, tables, and other furniture. For ceremonies, a one-hour rehearsal may take place during the week prior to the event. The rehearsal must be scheduled 7 days in advance. USE OF THE SPACE No decorations may be used on interior walls without express prior permission. This includes tape, tacks, staples, nails, 3M hangers or other devices. No rice, birdseed, helium balloons, silly string, or confetti is permitted in the building or on the grounds. Flower petals are permitted as long as long as they are used only on a runner, and must be removed immediately after the ceremony. All state and local fire codes apply. No flammable substance or material may be used unless it meets fire safety standards. No open flames or candelabra are allowed. Candles must be enclosed in glass. For ceremonies, a unity candle is permitted but must be extinguished immediately after the ceremony. Christmas lights approved for outdoor use may be used. Fireworks, including sparklers, are strictly prohibited. OUTSIDE CONTRACTORS/ DELIVERIES The Venue is not responsible for personal or rental property before, during or after an event. The Guest must either be present for deliveries, or must make arrangements ahead of time if they would like the Venue to receive or sign for a delivery. FURNITURE/ EQUIPMENT/ EXTRAS The use of the following furniture and other amenities are included in the standard event fee and are as follows: 75 white padded folding chairs 30 vintage wooden folding chairs 9 - 60" round banquet tables 6- 48" round banquet tables 2 — 7' banquet/ serving tables 1— antique 13' oak banquet or serving table (must be used; the table is extremely heavy and placement must be agreed upon at least 7 days before the event) 5 garden benches on the patio 2 — 7' banquet/ serving tables 2 -- Sonos speakers 2 — microphones 1— oak podium/ lectern 1- Antique clawfoot lectern/ stand 4 — large glass beverage dispensers FOOD No cooking or food preparation is allowed in the building or on the grounds. All food must be prepared ahead of time and may not be prepared on site. The Guest assumes all liability for food service and consumption. ALCOHOL The Guest assumes all liability for alcohol service and consumption. The Venue assumes no liability for alcohol service or consumption. All state and local laws governing alcohol use are applicable. An open bar where guests serve themselves is not allowed. You must have a designated bartender serving alcohol. The Guest may provide someone, or we can refer you to bar staff who have worked the space before. No cash bars or "bring your own alcohol" is allowed. Alcohol service must conclude no later than 9:30 p.m. and a minimum of 1/4 hour before the conclusion of the event. CLEAN-UP The Guest must have all decorations, catering items, rental items, personal belongings, etc. out of the building within one hour after the conclusion of the event unless otherwise agreed upon ahead of time. Next -day clean-up is an option but must be scheduled at least 7 days in advance. General clean-up is provided by the Venue at no additional cost. Venue is responsible for clean-up of all items that remain on site including linens, beverage dispensers, etc. Any excessive damage or mess which is considered above and beyond normal wear and tear will be deducted from the damage deposit. e.g. an intoxicated guest vomits on a carpet and it must be dry-cleaned e.g. an unruly child uproots plants from garden areas or planters and they must be replaced for upcoming events e.g. a lamp or other fixture is broken RESTROOM FACILITIES If an event meets any of the following criteria, the rental of an additional portable toilet is required. - any event with more than 90 guests -an event with more than 75 guests that lasts for more than 4 hours - any event with more than 75 guests where alcohol is served This is a separate rental fee that is NOT included in the standard event fee, however the Venue can arrange for rental and delivery of the portable toilet on your behalf. Typical charge for a standard unit is $110 plus tax; a deluxe flushing model, with soap and running water, is $165.00 plus tax. (prices quoted are per Jimmy's Johnnies 2015 pricing and may be subject to change) By signing this agreement I have read and agree to the above terms and conditions: Guest signature Venue signature Date Event date Date Damage deposit, noise compliance and balance due on CONTACT INFORMATION: Guest name Address Email Phone Members of Our Council, I write in support of a request by Cecilia Loome and Jon Moler to use their property and residence as a mixed -use building for special events. My family has lived on the north hill of Stillwater for nearly 30 years. For over 15 of those years I walked daily to work at Loome Theological Booksellers, the old Swedish Covenant church building at 320 N 4th St. For the many years I worked as general manager for Mr. Loome this building operated as a business within what is also, technically, a residential district. Yet there are many other non-residential buildings within a stones throw away. ArtReach Alliance is three doors down, Stillwater Library is two doors down. Aurora Staples Inn (also formerly a bookstore when Jim Cummings owned it) is across the street, as is Golden Living nursing home. City Hall and Ascension Episcopal Church are less than a block away. This is clearly a "mixed use" neighborhood, and has been for decades. The question has been raised about a potential parking problem if small events are held at this building. I don't see how an occasional event would create a parking problem. The church, when it was a bookstore, had customers and staff parking on the street six days a week. We never had a complaint from neighbors. Trinity concerts, library events, and city council meetings see the street lined with cars but this has never caused a problem. While I understand the need to ask the questions about how the use of the building may influence the neighborhood, I believe it is more helpful to consider the clear advantages of having the property available as a mixed-use space. Cecilia and Jon have done a remarkable job in restoring the original character of this very unique building. They have repaired, patched, and painted the lath and plaster walls and the original domed tin ceiling. The ornamental steel hanging lamps are also original, though they have been brought up to the current electrical code. The sloped floor and radius balcony surrounding the former pulpit area are unmatched in Stillwater as architectural features. The building was part of the Stillwater Historical Heritage Tour at the turn of the millennium. If you have not ever been inside I recommend a visit The use of this former church for community events is precisely in keeping with its character. A small venue of such historical and architectural significance provides a needed and attractive place for weddings, plays, concerts and recitals. Affordable space for the latter are sorely lacking in our community. Please grant Cecilia and Jon's request Their endeavor is another example of what makes Stillwater such a gem. Respectfully, Christopher Lentz 718 N. 3rd St Stillwater 651.263.8365 EBONY irr'I 6EFOIt-E b AF1ER seGow) S1m1tt#404, INFolf 1 AfTrk TOE 1I11TNYLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES July 13, 2016 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:00 p.m. Present: Chairman Kocon, Commissioners Collins, Fletcher, Hade, Lauer and Siess Absent: Commissioners Hansen and Kelly; Council Representative Menikheim Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of June 8, 2016 meeting minutes Motion by Commissioner Collins, seconded by Chairman Kocon, to approve the June 8, 2016 meeting minutes. Motion passed 6-0. OPEN FORUM Timothy Paskvan, 1314 Fourth Street North, asked about the meeting agenda. PUBLIC HEARINGS Case No. 2016-26 Consideration of an amendment to a Special Use Permit for the expansion of Nacho Mama's located at 312 Main Street South. Brenda Ryder, applicant. City Planner Wittman explained that the applicant would like an amendment to the existing Special Use Permit to allow for the expansion of the restaurant and bar area into the former retail space in the front of the building. Staff recommends approval with six conditions. Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Hade, seconded by Commissioner Collins, to recommend that the Council approve an amendment to a Special Use Permit for the expansion of Nacho Mama's, 312 Main Street South, with the six conditions recommended by staff. All in favor, 6-0. Case No. 2016-27 Consideration of a Special Use Permit for a Type III Home Occupation and associated variances for the Old Swedish Church, located at 320 Fourth Street North. Cecilia Loome, applicant, and Thomas and Karen Loome, property owners. Planning Commission July 13, 2016 City Planner Wittman reviewed the request. On May 5, 2016, notice was sent to the property owners advising them that the City had received complaints the property was being used as an events venue, an unpermitted use. Property owners indicated they would like to apply for a permit to come into compliance with the zoning regulations. The Type III Home Occupation permit seemed best suited to the proposal. Three variances are requested: a variance to the maximum 400 square foot (20%) total gross floor area of a dwelling unit allowed to be used for an event venue; and a variance to the 7 a.m. to 8 p.m. business hour limitation to allow for events to be held from 7 a.m. to 9:30 p.m.; and a 41-54 parking space variance to the total number of parking spaces required. On the basis that the application does not conform to the intent, requirements and conditions for Type III Home Occupations, and the finding that the property owner has not established practical difficulty for the variances, staff recommends denial of the application. Ms. Wittman noted a letter of support from Don Empson, and a petition submitted by the applicant indicating nearby property owners' support for the application. Chairman Kocon asked if there could be another allowable use for the property. Ms. Wittman replied that the home occupation license is the only avenue for this type of commercial use in the RB Two - Family District. Commissioner Siess asked about the square footage variance. City Planner Wittman explained the applicant is asking for 85% square footage (20% allowed), or 3,500 square feet (400 square feet allowed), to be used for events. Cecilia Loome and Jonathan Moler, applicants, explained the proposal. They noted that the entire sanctuary floor is sloped and the space unheated so that portion is unuseable area for a residence. For the last 30 years, the church was used as a bookstore with on -street parking and there were no complaints. They stated that they want to use most of the space for events but they only want to do it a handful of times per year, less than 4% of the time. They both have full time jobs and do not intend for it to be a full time event center. Given that it is in a residential neighborhood, they are not sure what other use would be appropriate. The bookstore moved out because it stopped being practical and sustainable. They are at a loss for what will happen to the property if they cannot use it. Presently, they direct guests to park in the City ramp and they would be happy to make this a condition of approval. They also pointed out that the application is only for 90 guests, less than what was suggested in the staff report; thus the parking variance is not as great as previously discussed. Mr. Moler went on to say that they took issue with some of the recommendations, for instance needing a food license. They require guests to have a licensed caterer so they are not sure how this requirement is applicable. Ms. Loome added that they understand the purpose and intent of the City code is to limit commercial uses in residential neighborhoods. However they feel the use will allow them to preserve this very unique building with minimal impact on the neighborhood. They will do everything possible to mitigate the parking, and are willing to compromise and work with the City toward reasonable limitations to permit the proposed use. Chairman Kocon noted that less than 4% of the time would be 15 events a year. Ms. Loome stated that for a business use less than 15 days a year, the IRS does not consider it a business. They are looking at the proposed use as a way to allow them to keep living there. She added that events would be held only May to October, no more than one per weekend, no more than three per month. Chairman Kocon opened the public hearing. Page 2 of 5 Planning Commission July 13, 2016 Jane Paskvan, 314 Fourth Street North, who lives next door in a home that is eight feet away from the church, said the applicants have assured her they will do whatever is necessary to make her happy, but she feels that having 14 events would equate to every weekend, all summer long. She feels the applicants are awesome neighbors but is concerned about what would happen if they left and new owners were not as considerate. She signed the petition supporting the proposal but felt it should be dependent on conditions of approval. Susie Quaderer, 304 Third Street North, who shares the driveway with the library and the exit on Fourth Street, said she was prepared to oppose the proposal at tonight's meeting but since meeting the applicants, she feels there may be a compromise. She expressed concerns about street parking and she objects to another property, in addition to the library, being able to hold commercial events in the neighborhood. She believes that unlike the library, the applicants would work with the neighbors and the proposal could work, with specific conditions such as capping it at two events per month, ending events at 9 p.m. and not allowing events on the same days that the library is holding events. Jerry Helmberger, 303 Fourth Street North, owner of the Aurora Staples Bed and Breakfast across the street, complained about spillover noise from the library's events. He said events that have already been held at the Swedish Church have brought an outdoor bathroom, food trucks and guests congregating outside. He noted there are many event venues all within a few blocks. He also is concerned about the increase in traffic. Tim Paskvan, 314 Fourth Street North, stated that he had spoken with the Council before about noise in the neighborhood. He feels Jonathan and Cecilia are good neighbors and a compromise can be negotiated that would be a win-win, but he would want a condition that no guests be allowed to congregate on the sidewalk. Kathy Helmberger, 303 North Fourth Street, Aurora Staples Bed & Breakfast, said the library, Art Reach, the nursing home, the B & B, Episcopal Church, Trinity Church, and City Hall make the neighborhood busy enough. She feels Jonathan and Cecilia are wonderful neighbors and she loves that they are trying to restore the church but she cannot support another event center in the neighborhood mainly because of the library. Chris Lentz, 718 Third Street North, stated that for over 15 years he walked from his house to work at the bookstore that was housed in the church. It was open six days per week. Events were held there occasionally. He said he understands the neighbors' concerns about nearby venues but feels that is not a good reason to deny someone else the opportunity to have events of a small nature in a historic building that they have done a lot to restore. Mr. Lentz added that he is also a contractor, and he feels the building could never be turned into a residence. He argued that an event center is not really what is being discussed because Jon and Cecilia are not asking to have huge events. He feels the use as proposed is very much in keeping with the neighborhood and the needs of the community. Diane Anderson, 420 Fourth Street North, said she feels the proposed use would be a good reuse of the building. She questioned what would happen to the building if not allowed to be sustained via some sort of commercial use. Chairman Kocon closed the public hearing. Commissioner Siess commented that the property is beautiful and historically significant, but she has a problem with the square footage variance, which she feels is too large. Page 3 of 5 Planning Commission July 13, 2016 Commissioner Collins said clearly there is practical difficulty because the building could not be turned into apartments or condos. He added that he fears future demolition of the building and hopes the City can work with the applicants to come to some agreement. Commissioner Hade agreed with Commissioner Collins. Commissioner Fletcher remarked that it feels like putting a square peg in a round hole. She feels the core problem is not the variances requested, but the fact that the City doesn't have appropriate regulations and zoning to deal with this incredibly beautiful property. Commissioner Lauer agreed with the previous comments, saying he finds it difficult to grant the variances because they are extreme, but there should be some way to zone it differently to enable the use to go forward. He feels the work the applicants have done is amazing. But he recognizes that parking alone is obviously an issue for nearby residents, and it sounds like there is angst and animosity toward other venues that may have polluted the waters a bit. Chairman Kocon noted he doesn't believe in spot zoning. He applauds the work the applicants have done and wants to see the building maintained, but feels the two major variances are unwarranted. He recognized that the Commission has ordinances and structure it must work within. Due to the traffic and parking issues. he cannot support the request and would recommend denial. He reminded the applicants they may appeal to the Council if desired. Motion by Chairman Kocon, seconded by Commissioner Lauer, to deny a Special Use Permit for a Type III Home Occupation and associated variances for the Old Swedish Church, located at 320 Fourth Street North. Commissioner Fletcher said she is conflicted because she realizes the Commission must deny the SUP but feels that residents must be listened to and acknowledged. Motion passed 4-2 with Commissioners Collins and Hade voting nay. UNFINISHED BUSINESS Case No. 2016-24 Consideration of a Special Use Permit for a 40 -unit hotel and restaurant and retail space, to be located at 402 Main Street South in the historic Joseph Wolf Block. Elevage Hotel Group, representing Stillwater Caves LLC, applicant and Luna Rosa, owner. City Planner Wittman explained that at the last Commission meeting, the request was tabled after the public hearing was held. At that meeting, the Commission had been favorable to the SUP but had concerns about parking and drop-off/pickup zones. She informed the Commission that at the last Downtown Parking Commission meeting, the DTPC determined the applicant could mitigate their parking requirements by providing 18 valet parking spaces in the upper parking lot, valet all other vehicles to the parking ramp or Lot 20, and designate two loading and unloading zones on Nelson Street. Staff recommends approval of the Special Use Permit with 10 conditions. Motion by Commissioner Collins, seconded by Commissioner Hade, to approve the SUP for a 40 -unit hotel and restaurant to be located at 402 Main Street South, with the ten conditions recommended by staff. All in favor, 6-0. Page 4 of 5 Planning Commission NEW BUSINESS There was no new business. STAFF UPDATES July 13, 2016 City Planner Wittman reported that the Council directed staff to proceed with the hiring of a zoning administrator. Commissioner Hade recognized Council Representative Menikheim's 80th birthday. ADJOURNMENT Motion by Commissioner Lauer, seconded by Commissioner Hade, to adjourn the meeting at 8:45 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary Page 5 of 5 SPIRAL STAIR 4iU-W'(• aEF0t.6 k AFtEn. Ctioitt SOFT fl -009L5 IN Plio&REss KcrcHtN CA61147 BEfoR.E 1. firtvz j SpEAiT MOST OF TI{E SulltlltER OF 201 REpRINTiN6- THE OWONRL DomED Tim CEI1.11J (,... CsoRR% $0 AFTER pIGTu►RE "I) WWI slr.E 0f '8u1 1-pING BEVDILE 1,, FF1P Kot41 sTAlRvuAY 5EfoitE AFTER 0 I 1 iwate! The Birthplace of Minnesota 150 300 600 Feet Neighborhood Zoning Subject Property Parcel Boundaries +-�- Municipal Boundary Zoning Districts (2012) Representation: Zoning_Rep 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 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 We understand that the purpose and intent of the city code is to allow for limited commercial uses in residential neighborhoods in order to maintain the residential nature of the neighborhood. However, the reason the city has a planning commission is to interpret and act on the individual circumstances of every case. If it were just a matter of rigidly following the regulations, there would be no reason for a planning commission. We have proposed a sustainable use which will allow for the preservation of the building, with minimal impact on the neighborhood, thereby maintaining the tone and nature of the community. If the city wants to keep its historic buildings, it is going to have to accommodate them. We also want to point out that with regard to the preservation of historic buildings, the city code also states that "Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment or to use a property for its originally intended purposes." We believe that our proposal does that. The intent of the comprehensive zoning plan is to keep this property residential. The aim of the preservation commission is to give historic buildings a sustainable use, with minimal alteration, and without sacrificing the stylistic characteristics that make them unique. Our proposal is a perfect union of these two ideals. It allows us to preserve the building, while keeping it residential. We are more than willing to compromise, to work with the city and the community, and to embrace reasonable limitations and conditions for the use of this property. Thank you for your consideration. I am a resident of the N. 4th Street neighborhood. I am signing this letter to let the City of Stillwater know that I do not oppose Jon Moler and Cecilia Loome's proposal to rent out their residence at 320 N.,4tn Street fooccasional private events. 1 � Name C J + < a (t Atts d11., Address 'S A/ Signatu Additional comments Name Address q`Q �( _ Signature Additional comments Name _ Jo IJ A LL J Address i 1 7 L) t+► �� Cr LA.) Signature Additional comments Name 66kv bas- )ThAddress Signature Additional comments r ) Name-,� Additional comments 1() Address " !'` Signature Name cia26 pi t-5°0 Address 4o2 114 ..C# Signature Additional comments 'I �C w -.�-; eJI <a_ .t.. as �4 5 6:f e. ss"' < --GName M.Address31 , Signature Additional comments�V :�.. t fa . _ `'- (ATTU Name 7eso zoAddress 5 S � r S-+ u "3 Signature U ' Additional comments A `RE So P T 5GE Suo K h)�iwrartra,,,; Artee oresw4 tf1:47-ony fie 4:, J Name s J Address 6114' Additional comments W g o .fie;, ho keel bO ; ns lve.J, eil-e < 1 a. - 'i a riw fp*, ex ddress (12/ Name A ile-00. Additional comments +kr = �x Signature,, ( bf",els ropie Signature rt Nam Additional comments e 5, Address 7/ ,(/? /001 ,c--4 Signature Name C_ -G,...4— Address 3" V` Additional comments Signature "Pet_ Vit.A"...5.. Name I i 61401 P A io ddr s 30 4 57- ! v Signature Additional comments Z 1 OLL(J (ft I tJLei ` 5 vt-f— ` ADOPTING THE PROPOSED TAX LEVY FOR THE PAYABLE YEAR 2017 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $ is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2017. FURTHER BE IT RESOLVED, that the sum of $41,900 is hereby levied against all taxable properties within the WMO (Waste Management Organization) parcel -specific taxing district of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2017. The Levy consists of the following: CITY WIDE LEVY: 2017 General Revenue Tax Levy Debt Service Tax Levy: Fund Required Levy 312 G.O. Capital Outlay 2012A 566,845 314 G.O. Capital Outlay 2014A 717,403 315 G.O. Capital Outlay 2005B 280,966 319 G.O. Capital Outlay 2009B 106,234 324 G.O. Capital Outlay 2014 (Armory) 85,000 326 G.O. Capital Outlay 2016A 816,113 329 G.O. Capital Outlay 2009D 345,778 385 G.O. Sports Center 2005C 250,436 389 G.O. Sports Facility Revenue 2009C 55,841 Subtotal $ 3,224,616 New Debt 327 G.O. Capital Outlay 2017 450,000 Total Debt Service Tax Levy TOTAL CITY WIDE TAX LEVY $ 3,674,616 PARCEL -SPECIFIC LEVY WMO Levy $41,900 CANCEL LEVY: 385 G. O. Sports Center 2005C Original Rec Center Result Adopted by the Council this 6' day of September, 2016. ATTEST: J. Thomas McCarty, Acting City Clerk 250,436 0 250,436 Ted Kozlowski, Mayor ADOPTING THE PROPOSED BUDGET APPROPRIATIONS FOR THE YEAR 2017 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the proposed budget appropriations for the year 2017 in the amounts for the following funds: Fund Fund Name 100 General Fund 200 Special Events Fund 202 St Croix Valley Recreation Center Fund 230 Library Fund 240 Parks Fund 251 Community Beautification Fund 255 Washington County Recycling Fund Adopted by the Council this 6'h day of September, 2016. ATTEST: J. Thomas McCarty, Acting City Clerk Amount $ $ Ted Kozlowski, Mayor SETTING PAYABLE 2016 TRUTH -N -TAXATION PUBLIC MEETING BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Payable 2017 Truth - in -Taxation meeting shall be at 7:00 p.m., Tuesday, December 6th, 2016. Adopted by the Council this 6th day of September, 2016. Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk REGULAR MEETING RECESSED MEETING i 1 1\la t ec 114E 1 IRTMELA CE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North September 6, 2016 3:30 P.M. AGENDA 3:30 P.M. 7:00 P.M. I. CALL TO ORDER H. ROLL CALL III. OTHER BUSINESS 1. Budget Workshop - Review of Preliminary 2017 City Budget Proposals 2. Presentation and review of design development proposals for Police Department Remodel and City Hall improvements - Wold Architects and Engineers IV. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 11. Possible approval of August 16, 2016 regular and recessed meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Oath of Firefighters Sal DiStefano and Seth McCauley 13. Resolution 2016-163, Certificate of Appreciation - Jeff Dionisopoulos - Public Works (Resolution - Roll Call) X. 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. 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. 14. Resolution 2016-164, directing the payment of bills 15. Resolution 2016-165, approving the transfer of the On -sale and Sunday Liquor Licenses from Shanghai Bistro to Cabone's LLC, DBA: Lion's Tavern 16. Resolution 2016-166, approving the transfer of the On -sale and Sunday Liquor Licenses from Cabone's LLC, DBA: Lion's Main to Tilted Tiki, Inc. DBA: The Tilted Tiki 17. Resolution 2016-167, resolution identifying the need for funding to complete its 2040 Comprehensive Plan update and authorizing an application for planning assistance grant funds 18. Resolution 2016-168, resolution approving Development Agreement for The Ponds at Heifort Hills 19. Possible approval of sanitary sewer adjustments 20. Possible approval of Letter Agreement with AFSCME regarding on-call pay for non-exempt Information System staff XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 21. Case No. 2016-27. This is the date and time for a public hearing to consider a request from Cecilia Loome and Jonathan Moler of the Old Swedish Church, for consideration of an appeal to the Planning Commission's decision regarding a request for consideration of a Special Use Permit for a Type III Home Occupation, and associated variances, for the structure located at 320 4th Street South in the RB - Two Family Residential District. PID: 28.030.20.13.0116. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 26, 2016. 22. This is the date and time for a public hearing to consider the assessment for Stillwater Oak Park Heights Street Project (Project 2014-03, L.I. 407). Notices were mailed to affected property owners and published in the Stillwater Gazette on August 19, 2016. (Resolution - Roll Call) XIII. UNFINISHED BUSINESS 23. Appeal request by Run Stillwater, Inc., Stillwater Log Run XIV. NEW BUSINESS 24. Possible approval of Lighting Maintenance Agreement for Lift Bridge Conversion Project (Resolution - Roll Call) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT 2017 Proposed Budget CITY OF STILLWATER September 6, 2016 $3,018,920 Property Tax Levy Last 5 years and Proposed 2017* Year General Tax Levv PDebt Service Tax Levy $ Total Increase r roperty from Prior ax Levy Year Increase from Prior Year 2012 $7,136,531 $3,110,066 $10,246,597 $88,230 2013 $7,435,010 $2,971,497 $10,406,507 $159,910 2014 $7,606,066 0.869% 1.561% $10,624,986 $218,479 — 2.099% 2015 $7,825,610 $3,514,043 $11,339,653 2016 $8,365,422 $3,665,145 $12,030,567 2017* $8,876,265 $3,724,616 $12,600,881 $714,667 $690,914 $570,314 6.726% 6.092% 4.741% Note: In 2014 there were levy limits imposed on the General Tax Levy. $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 2012 2013 2014 2015 2016 2017* General Tax Levy Debt Service Option #1 Item Adopted Proposed 2016 2017 $ Increase % Increase Beginning Levy* Operating Revenue Adjustments Operating Increase Health Insurance (12%) Operating Reductions: General Insurance (5% to 4%) $12,030,567 $12,600,881 $570,314 4.741% -$17,500 $9,094 -$4,641 Total Additions/(Reductions) -$13,047 Result $12,030,567 $12,587,834 $557,267 4.632°:, *Includes Operating and Debt Service Levies Option #1 (continued) Tax Rate & Impact Tax Rate Item Actual Pay 2016 Proposed Pay 2017 Property Tax Levy Fiscal Disparity Portion of Levy City's Portion of Levy City's Taxable Tax Capacity City Tax Rate $12,030,567 $1,118,491 $10,912,076 19,145,250 56.996% $12,587,834 $1,307,951 $11,279,883 20,020,252 56.342% % Change 4.632% 16.939% 3.71% 4.570% -1.147% Note: Values for 2017 are only estimates and have been recently provided by Washington County Tax Impact Assumes a 0.9% change in market value from 2016 to 2017- median change for Stillwater. Proposed Payable 2017 Taxable Market Value 99,100 148,700 Tax Capacity Actual City Tax Rate City Property Tax 708 56.996% 1,248 56.996% 234,200* 2,180 247,800 2,329 396,400 3,948 Taxable Market Value $403.53 $711.31 56.996% $1,242.51 56.996% $1,327.44 56.996% $2,250.20 From 2016 to 2017 Tax Proposed Capacity City Tax Rate 100,000 150,000 236,300* 250,000 400,000 City Property Tax 718 56.342% 1,263 56.342% 2,203 56.342% 2,353 56.342% 3,988 56.342% $ Change $404.54 $711.60 $1,241.21 $1,325.73 $2,246.92 $1.01 $0.29 -$1.30 -$1.71 -$3.28 *Median value home in Stillwater. Option #2 Item Adopted Proposed 2016 2017 $ Increase % Increase Beginning Levy* $12,030,567 $12,600,881 $570,314 4.741% Option #1 -$13,047 Operating Reductions: Police Officer Library Levy Debt Service Levy - $39,028 - $50,000 - $50,000 Total Additions/(Reductions) -$152,075 Result $12,030,567 $12,448,806 $418,239 3.476% *Includes Operating and Debt Service Levies Option #2 (continued) Tax Rate & Impact Tax Rate Item Actual Pay 2016 Proposed Pay 2017 Property Tax Levy Fiscal Disparity Portion of Levy City's Portion of Levy City's Taxable Tax Capacity City Tax Rate $12,030,567 $1,118,491 $10,912,076 19,145,250 56.996% $12,466,306 $1,307,951 $11,140,855 20,020,252 55.648% % Change 3.476% 16.939% 2.097% 4.570% -2.365% Note: Values for 2017 are only estimates and have been recently provided by Washington County Tax Impact Assumes a 0.9% change in market value from 2016 to 2017- median change for Stillwater. Proposed Payable 2017 Taxable Market Value 99,100 148,700 Tax Capacity Actual City Tax Rate City Property Tax 708 56.996% 1,248 56.996% 234,200* 2,180 247,800 2,329 396,400 3,948 Taxable Market Value $403.53 $711.31 56.996% $1,242.51 56.996% $1,327.44 56.996% $2,250.20 From 2016 to 2017 Tax Proposed Capacity City Tax Rate 100,000 150,000 236,300* 250,000 400,000 City Property Tax 718 55.648% 1,263 55.648% 2,203 55.648% 2,353 55.648% 3,988 55.648% $ Change $399.55 $702.83 $1,225.93 $1,309.40 $2,219.24 -$3.98 -$8.48 - $16.58 - $18.04 - $30.96 *Median value home in Stillwater. Option #3 (Recommended) Item Adopted Proposed 2016 2017 $ Increase % Increase Beginning Levy* Option #1 Operating Addition: Police Officer (fully funded) Operating Reductions: Library Levy Debt Service Levy $12,030,567 $12,600,881 - $13,047 $44,605 - $50,000 - $50,000 Total Additions/(Reductions) -$68,442 $570,314 4.741% Result $12,030,567 $12,532,439 $501,872 4.172% *Includes Operating and Debt Service Levies Tax Rate & Impact Tax Rate 11111 Item Actual Pay 2016 Proposed Pay 2017 Property Tax Levy Fiscal Disparity Portion of Levy City's Portion of Levy City's Taxable Tax Capacity City Tax Rate $12,030,567 $1,118,491 $10,912,076 19,145,250 56.996% $12,549,939 $1,307,951 $11,224,488 20,020,252 56.066% % Change 4.172% 16.939% 2.863% 4.570% -1.623 Note: Values for 2017 are only estimates and have been recently provided by Washington County Tax Impact Assumes a 0.9% change in market value from 2016 to 2017- median change for Stillwater. Proposed Payable 2017 Taxable Market Value 99,100 148,700 Tax Capacity Actual City Tax Rate City Property Tax 708 56.996% 1,248 56.996% 234,200* 2,180 247,800 2,329 396,400 3,948 Taxable Market Value $403.53 $711.31 56.996% $1,242.51 56.996% $1,327.44 56.996% $2,250.20 From 2016 to 2017 Tax Proposed Capacity City Tax Rate 100,000 150,000 236,300* 250,000 400,000 City Property Tax 718 56.143% 1,263 56.143% 2,203 56.143% 2,353 56.143% 3,988 56.143% $ Change $402.55 $708.11 $1,235.13 $1,319.23 $2,235.91 -$0.98 -$3.20 -$7.38 -$8.21 -$14.29 *Median value home in Stillwater. 1\la t ec 114E O IRTMELA CE OF MINNESOTA CITY COUNCIL MEETING MINUTES August 16, 2016 REGULAR MEETING 3:30 P.M. Mayor Kozlowski called the meeting to order at 3:38 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: OTHER BUSINESS City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Community Development Director Turnblad Finance Director Harrison Assistant Finance Director Alison Egger City Clerk Ward Budget Workshop - Review of Preliminary 2017 City Budget Proposals Finance Director Sharon Harrison explained the 2017 budget calendar and the various tax levies. The proposed budget and levy must be adopted by September 20. City Administrator McCarty informed the Council that health insurance costs are increasing 17.3%, so quotes are being requested from other providers. He explained the General Fund, General Fund Operating Revenues, and departmental budgets. Finance Director Harrison reviewed the debt service balance. Councilmember Weidner asked whether library department heads have sat down to do analysis with Washington County to see what would happen if the library's 14.5 FTEs were county employees. Library Director Bertalmio responded that has been done several times since 1984. She stated the library works constantly to explore cooperative services and ways to cut costs by sharing services with the county. Councilmember Weidner inquired if that this has been done recently, Ms. Bertalmio responded not recently. He explained that this was asked of the Library last year and it was not accomplished. He continued by stating that he was inclined to not approve the library's budget request until that analysis is completed to see if there is a tax benefit and service change to the residents if it were under the County's system. City Administrator McCarty summarized capital outlay expenditures for 2017 and explained that the proposed increase in the property tax levy from 2016 to 2017 is 4.74%. Reducing the levy increase to 4% or less would require a reduction in the overall levy of about $115,000. Staff will City Council Meeting August 16, 2016 come back September 6 to finalize the preliminary budget and set the Truth in Taxation hearing date. Mayor Kozlowski recessed the meeting at 6:17 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:08 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Community Development Director Turnblad Finance Director Harrison City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of August 3, 2016 regular and recessed meeting minutes Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the minutes of the August 3, 2016 regular and recessed meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Ice Castles Presentation - Ryan Davis & Amanda Roseth Ryan Davis and Amanda Roseth of Ice Castles reviewed the process of building the ice castle, the media attention and economic impact brought by the attraction. Construction would begin in mid- October with a target opening date of December 26. The site would be cleaned up in mid-April. Councilmember Junker voiced concern about the structure taking over parts of Lowell Park from mid-October till April. Mr. Davis responded with details about construction of the Ice Castle. Mayor Kozlowski stated he would like to make sure this group coordinates plans with Hockey Day Minnesota. Mr. Davis stated they are talking with Hockey Day Minnesota organizers. Police Chief Gannaway asked about overnight security to guard against late night revelers. Mr. Davis responded that anything of value is locked in shipping containers overnight, and at night the sprinklers are turned on so that is a deterrent against people going into the area. He stated they have not had any security issues in 15 sites or the Mall of America. He added that they would like to construct the ice castle at Mulberry Point next year. Page 2 of 7 City Council Meeting August 16, 2016 Mayor Kozlowski stated he would like to maintain a path open to the north or to the south to direct people around the structure and felt that staff to factor in a lot of extra hours for snow removal this year. City Administrator McCarty informed the Council that staff has had many conversations Ice Castles representatives and are working through a draft agreement to bring back to the Council for final approval. Certificate of Appreciation for donations to 2016 Fireworks Certificates of Appreciation were awarded to the Margaret Rivers Fund, The Lofts at Studio J LLC, JX Events LLC, Kwik Trip Inc., Acapulco of Stillwater, Cover Park Manor Inc., DBD Partners Inc. dba Water Street Inn, PD Pappys, Ryan and Kelly Marsh for donating to the 2016 Fourth of July Fireworks display. OPEN FORUM Mike Robinson, 801 Pine Street West, Elephant Walk Bed & Breakfast, reminded the Council of its powers and duties in regard to enforcing the collection of the lodging tax. Councilmember Polehna refuted Mr. Robinson's assertion that the Council is being negligent. He stated that the City hired a consultant to work on a program and a formula for how to collect the taxes. STAFF REPORTS Community Development Director Turnblad stated that on September 6, architects for the Police Department/City Hall project will present drawings and cost estimates. Bids are expected to come in higher than hoped, so some elements will have to be postponed to a future phase in order to come in under budget. Public Works Director Sanders reported that staff and Councilmember Junker met with MnDOT and the Ames/Lunda Joint Venture Group about the bridge segment. Ames/Lunda will donate the segment to the City and will transport it to a location near the staging area and lift station, which is felt to be the best location. The road to the lift station will have to be graded to facilitate transport. The contractor will assist in estimating the costs to be borne by the City. City Administrator McCarty reminded the Council of the annual board and commission picnic August 17. CONSENT AGENDA Resolution 2016-155, directing the payment of bills Resolution 2016-156, approving issuance of a new o Services, LLC, DBA: JX Event Venue Possible approval of St. Mary's Church German Fest temporary liquor license n -sale liquor license to JX Event & Wild Rice Festival events and Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Page 3 of 7 City Council Meeting August 16, 2016 PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Discussion on Stillwater Log Run City Administrator McCarty stated that the City received an application for the Stillwater Log Run to be held September 17. He reviewed a background fact sheet and explained the staff recommendation of denial based on past practice issues. He added that Ryan Bevins, Run Stillwater Inc., had provided feedback on the staff memo, point by point. Fire Chief Glaser stated he has reviewed the comments and feels justified in recommending denial. Police Chief Gannaway stated there were significant public safety concerns with last year's event. Mayor Kozlowski asked if anyone from the event was present to speak, and no one came forward. Motion by Councilmember Weidner, seconded by Councilmember Junker, to follow the staff recommendation to deny the application for the Stillwater Log Run. All in favor. City Administrator McCarty stated staff will advise the applicant of the Council action and they will have the option to appear September 6 to appeal the decision. Possible approval of second reading of Ordinance 1089, an ordinance opting out of the requirements of Minnesota Statutes, Section 462.3593 Community Development Director Turnblad informed the Council that the Planning Commission held a public hearing and recommended opting out, concurring with staff's recommendation. Cameron Murray, 350 Main Street North, Unit 346, stated he felt there are some advantages of the statute for those who need handicapped housing. Mayor Kozlowski encouraged people who are considering erecting temporary healthcare dwellings to notify staff and perhaps the Council could reconsider enacting an ordinance governing the structures. Councilmember Menikheim reflected that the City should opt out because there is nothing in the legislation about what to do with the building afterward, so it could be looked at as a VRBO. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Ordinance 1089, opting out of the requirements of Minnesota Statutes, Section 462.3593. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None NEW BUSINESS Consideration of a License to Allow for Limited Mountain Biking in Brown's Creek Park Community Development Director Turnblad stated that Hank Gray, secretary for the Stillwater Area Scholastic Cycling Association, requested that the Parks Commission consider allowing the Stillwater High School a license to allow for limited mountain biking in Brown's Creek Park. The Parks Commission determined that a limited use license should be allowed. Page 4 of 7 City Council Meeting August 16, 2016 Councilmember Polehna stated if the City is going to open the area to mountain biking it should be open to all mountain bikers. Motion by Councilmember Menikheim, seconded by Mayor Kozlowski, to adopt Resolution 2016- 157, granting license to Stillwater Area Scholastic Cycling Association for the use of Brown's Creek Park. Ayes: Councilmembers Menikheim, Weidner, Mayor Kozlowski Nays: Councilmembers Junker, Polehna Possible adoption of resolutions declaring costs to be assessed and ordering preparation of assessment roll and calling for hearing for Oak Park Heights Street Improvement Project (Project 2014-03) Public Works Director Sanders explained that the project consisted of streets constructed by the City of Oak Park Heights that affected adjacent property in the City of Stillwater. Final costs for the project were considerably lower than the feasibility report with savings being passed onto the four affected property owners. Since the project is now complete, staff recommends that Council declare costs, authorize the preparation of the assessment rolls, and call for a hearing on the project. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2016-158, declaring costs to be assessed and ordering preparation of proposed assessments for Stillwater Oak Park Heights Street Project, Project No. 2014-03, L.I. #407. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2016- 159, calling for hearing on proposed assessment for Stillwater Oak Park Heights Street Project, Project No. 2014-03, L.I. #407. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of Now I Lay Me Down To Sleep Remembrance Walk Special Event City Clerk Ward informed the Council that Now I Lay Me Down to Sleep (NILMDTS), a national organization that provides heirloom portraits to families that have lost babies, would like to hold a Remembrance Walk on Saturday, September 10, 2016 in Lowell Park. She stated that the Parks Commission and the Downtown Parking Commission approved the event, but the Downtown Parking Commission denied the use of Lots 5 and 9. The organizer has reconfigured the event and now would like to use the park area from the amphitheater to the gazebo, but still requests the use of Lot 5 only for deliveries, AV truck and supply trucks. The organizer will be charged for one (1) police officer for traffic control, park rental fees, picnic tables, extra trash receptacles, barricades, and parking fees according to the 2016 Fee Schedule. Staff recommends approval of the event. Heather Lombardo, NILMDTS, stated that infant loss affects everybody. They have served over 2,000 families in Minnesota in the last 10 years, and 30,000 nationwide. They hope to be able to hold the event in Stillwater in future years. They no longer need the use of Lot 5. Councilmember Junker stated he is concerned about too many events in the park during the busy season. Page 5 of 7 City Council Meeting August 16, 2016 Councilmember Weidner agreed that bringing 600 people to the park on a Saturday in September is over using the park. Ms. Lombardo responded that the 600 participants will be patronizing downtown businesses. Mayor Kozlowski felt that there is not a negative impact, as the event is not taking up whole park. Councilmember Polehna supported the event. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the event without the use of Lot 5. Ayes: Councilmembers Menikheim, Polehna, Mayor Kozlowski Nays: Councilmembers Junker, Weidner Possible approval of Final Plat, Final PUD and Development Agreement for the Ponds at Heifort Hills Community Development Director Turnblad reviewed the Final Plat and Final Planned Unit Development plans for the 24 home sites in the first phase of the project, He continued by stating that before the final plat is released, the developer will obtain the permit from the Brown's Creek Watershed District; and sign the development agreement be signed. The Planning Commission and staff recommend approval of the Final Plat and Final Shoreland PUD for this phase, with the conditions listed in the resolutions. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2016- 160A, approving the final plat for The Ponds at Heifort Hills, Case No. 2016-23, and Resolution 2016-160B, approving the final planned unit development for The Ponds at Heifort Hills, a detached townhome development located on Neal Avenue North, Case No. 2016-23. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of bid award and contract for Myrtle Street Lift Station Project Public Works Director Sanders stated that CCS Contracting Inc., New Brighton, Minnesota submitted the low bid for the Myrtle Street Lift Station Improvement Project. Staff recommends that Council accept the bid and award the contract to CCS Contracting Inc. for $224,600. Funds for the project will come from the Sewer Capital Outlay Improvement Fund. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2016-161, accepting bids and awarding contract for Myrtle Street Lift Station Improvement Project (Project 2016-10). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Possible approval of plans and specs for Market Drive -Curve Crest Traffic Signal Improvement Pro' ect Public Works Director Sanders reviewed plans and specifications for improvements to the traffic signal at Curve Crest Boulevard and Market Drive, to be completed by Washington County. The City's cost will be $240,000 to be paid with available State Aid Funds. A cooperative agreement will be brought back to the Council at a later date. Staff recommends approval of the plans and specifications. Page 6 of 7 City Council Meeting August 16, 2016 Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2016-162, approving plans and specifications for Market Drive -Curve Crest Boulevard Traffic Signal Project (Project 2016-11). Ayes: Councilmembers Menikheim, Junker, Polehna Nays: Councilmember Weidner, Mayor Kozlowski COUNCIL REQUEST ITEMS Councilmember Menikheim asked if it would be possible to put a crosswalk on Pine Street at Fourth Street by the Historic Courthouse. Mr. Sanders agreed to look into it. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn the meeting at 8:47 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk Resolution 2016-155, directing the payment of bills Resolution 2016-156, approving issuance of a new on -sale liquor license to JX Event Services, LLC, DBA: JX Event Venue Resolution 2016-157, granting license to Stillwater Area Scholastic Cycling Association for the use of Brown's Creek Park Resolution 2016-158, declaring costs to be assessed and ordering preparation of proposed assessments for Stillwater Oak Park Heights Street Project, Project No. 2014-03, L.I. #407 Resolution 2016-159, calling for hearing on proposed assessment for Stillwater Oak Park Heights Street Project, Project No. 2014-03, L.I. #407 Resolution 2016-160A, approving the final plat for The Ponds at Heifort Hills, Case No. 2016-23 Resolution 2016-160B, approving the final planned unit development for The Ponds at Heifort Hills, a detached townhome development located on Neal Avenue North, Case No. 2016- 23 Resolution 2016-161, accepting bids and awarding contract for Myrtle Street Lift Station Improvement Project (Project 2016-10) Resolution 2016-162, approving plans and specifications for Market Drive -Curve Crest Boulevard Traffic Signal Project (Project 2016-11) Ordinance 1089, an Ordinance Opting Out of the Requirements of Minnesota Statutes, Section 462.3593 Page 7 of 7 City of S tiCPwaten, cAt nesota Ceat AppneeiatioN pneseoted to RESOLUTION 2016-1 63 Jeff "Minnie" D ionisoyouCos WHEREAS, Jeff "Minnie" Dionisopoulos, began his employment with. Stillwater Public 'Works as part-time summer help in 1996, 1997 and 1998; and WHEREAS, Jeff became a full-time employee of the Stillwater Public 'Works Department July 1999; and WHEREAS, Jeff has resignedfrom City Employment as .Maintenance 'Worker XV, effective September 1, 2016, to further advance his career in the Public 'Works field: NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that Jeff is hereby commended for his faithful, efficient and courteous service to the City and its residents for over 20 years. The Councilregrets that he has resignedfrom City Employment, however extends to him their appreciation for his dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to enter this Certificate of Appreciation upon the Official Record of the Council and to deliver a certified copy thereof to Jeff ".Minnie" Dionisopoulos. Adopted by the City Council this 6th day of September, 2016. EXHIBIT "A" TO RESOLUTION #2016-164 Page 1 LIST OF BILLS 1ST Line/Leewes Ventures LLC 3D Specialties Inc. Ace Hardware Action Rental Inc. Advanced Sportswear Al's Coffee Company Amano McGann Inc Amdahl Locksmith Inc Chris Ammonia House Inc. Aspen Mills AutoNation Barthe & Wahrman Becker Arena Products Bernicks Blue Line Medical Services LLC Board of Water Commissioner Carquest Auto Parts CDW Government Inc. Central Wood/Rivard Co Chaves Nick City of Maplewood City of St. Paul Coca-Cola Distribution Cole Papers Comcast CoStar Realty Information Inc County Materials Corporation Coverall of the Twin Cities Cub Foods Cummins NPower LLC Dakota County Technical College Dalco Dogpoopbags.com Downtown Idea Exchange ECM Publishers Ecolab Emergency Medical Products Environmental Equipment & Services Environmental Resources Management Fastenal Company Fire Safety U.S.A. Flaherty & Hood P.A FleetPride Freds Tire Company Frontier Ag & Turf Frost Inc Fury Stillwater G & K Services General Security Services Corp Snacks for concessions Barricades Supplies Concrete & mixing trailer T-shirts with logo Coffee and supplies for concessions Gate arm Replace locks Suction valve guard & supplies Uniforms Step board Paying agent fees Equipment repair supplies Beverages for concessions Trainer services WAC Charges Equipment repair supplies Supplies Wood chips Reimburse for Lodging Burn house & training Asphalt Beverages for concessions Changing table and supplies TV Internet & Voice Property professional Storm sewer repair supplies Commercial cleaning services Water Repairs Training Supplies Dog clean up bags Downtown Idea Exchange subscription Publications TriStar L2000 & Solar Brite Trauma utility shears Equipment repair supplies Professional services Supplies Boots Job classification study Equipment repair supplies Tire repair Equipment repair supplies Sprayer Equipment repair charges Mats & Uniforms Install charges 902.65 1,039.99 311.48 2,189.13 477.00 989.60 155.00 227.00 387.88 93.50 432.68 2,000.00 190.00 629.20 450.00 2,574.00 531.22 214.06 1,715.00 239.52 792.50 165.81 432.72 1,498.60 643.20 345.08 1,738.00 2,312.00 566.20 4,081.19 1,500.00 139.76 75.21 236.50 656.38 246.16 60.40 126.30 609.50 317.04 272.50 6,462.50 136.36 70.96 592.62 905.00 1,073.32 465.40 325.00 EXHIBIT "A" TO RESOLUTION #2016-164 Gertens Wholesale Goodyear Commercial Tire Gopher State One Call Inc. HD Supply Waterworks Ltd. Holiday Companies Holiday Credit Office Innovative Office Solutions LLC J. Gardner & Associates LLC Keeprs Inc Kremer Services LLC Lake Country Door LLC Lake Management Inc. League of MN Cities League of MN Cities Ins Tr League of MN Cities Ins Tr 2 Loffler Companies Loffler Companies 2 Magnuson David Mansfield Oil Company Marshall Electric Company Menards Metropolitan Council Minnesota Occupational Health Mississippi Welders Supply Co. MN Bureau of Criminal Apprehension MnFIAM Book Store Motorola Solutions Inc. MTI Distributing My Alarm Center NAPA Auto Parts North Shore Compressor Office Depot O'Reilly Auto Parts Pepsi Beverages Company Performance Plus LLC Pioneer Press Randall Paul Regions EMS Child Passenger Safety Program Rehn Code Consulting Services Ryan Riedell Shoes Inc. Riffs Smokehouse River Valley Printing Inc. Robole Donna Rose City Sign Company Safety Signs Sentry Systems Inc. SHI International Corp Springsted Sprint PCS SRF Consulting Group St. Croix Boat and Packet Co. Hyvar & Q4 Plus Tires Locates Holcombe St. sanitary sewer repair Vehicle washes Fuel Magazine rack Fire education materials - tattoos Holsters Vehicle repair charges Repair southwest door to shop Lily Lake Plankton Algae Control Workers Comp Claim -Junker Quarterly Municipality Insurance Workers Comp Insurance Plotter maint. Color copier Professional services Fuel Electrical repairs Equipment repair supplies Monthly SAC Drug test Cylinders Training Fire inspection book Digital tone signaling Equipment repair supplies Alarm Monitoring Services Vehicle repair supplies Equipment repair supplies Office supplies Vehicle repair supplies Beverages for concessions Medical screening & mask fit Subscription Refund Permit Fee Local fee - CPS Tech Course Plan review Skates Pulled pork for concessions Forms Reimbursements Light at Northland tennis court Barricade Service call & alarm monitoring Microsoft Licensing Issuance fees - Revenue Refunding Bonds 2016C Cell phone Downtown plan update Arena Billing Page 2 565.00 557.02 45.90 236.35 370.00 59.72 457.56 420.00 509.96 268.80 959.00 1,014.00 137,177.02 67,728.03 55,845.00 1,940.00 15,903.04 10,701.83 1,915.91 5,456.00 1,281.16 4,920.30 206.20 63.50 590.00 88.00 575.25 345.72 92.67 178.40 54.56 1,415.58 147.97 1,612.12 418.00 205.92 225.00 175.00 3,203.00 1,092.11 132.60 164.00 495.24 723.50 640.00 2,017.70 28,544.00 30,247.71 53.84 9,536.89 28,649.58 EXHIBIT "A" TO RESOLUTION #2016-164 St. Croix Boat and Packet Co. 2 St. Croix Boat and Packet Co. 3 St. Croix Recreation Fun Playgrounds Stender Jeff Stillwater Motor Company Stillwater Turf & Power LLC Streichers T.A. Schifsky and Sons Toll Gas and Welding Supply Total Parking Solutions Inc. Tri-State Bobcat Urbiha Judith US Bank Corporate Trust Svcs USAble Life Verizon Wireless Verizon Wireless 2 WalMart Community Ward Diane Washington County License Center Washington County Road & Bridge Washington County Sheriffs Office Wittman Abbi Jo Woodchuck Tree Care LLC WSB & Associates Inc. Xcel Energy Ziegler Inc. CREDIT CARDS 10000 Lakes Chapter of ICC Active911 Inc Amazon.com Backgroundchecks.com Cub Foods International Code Council MN Historical Society Racine North Roberts Company Inc. LIBRARY Baker and Taylor Ballweg Anne Brodart Co Darn Knit Anyway Demco Inc. Gaylord Bros Inc. Midwest Tape MN Dept of Labor and Industry Petrie Angela Puente Mateo Dock Space Lease Ramp cleaning Replacement panels for Sunrise Park Reimburse for Operation Guardian Angel Vehicle service Equipment repair supplies Flashlight Asphalt Cylinders Cale card reader and paper Equipment rental & repair supplies Reimburse for frames for fire dept photos Paying agent fees Term Life Insurance Wireless service iPads Nite to Unite & Lumber Jack Days supplies Reimburse for supplies for picnic Registration 2016 unmarked Ford Taurus Inceptor Traffic signal maint Regions Security - Scheel Reimburse for treats for Jenn's welcome Tree removal Streambank stabilization St. Croix Energy Equipment repair supplies Training Subscription upgrade Toner Background check UD PD/FD Dinner 2015 MN Fire Code Conference registration Laptop Uniform emblems Materials Furniture Rental Refund Materials SRP Class Supplies Supplies Materials Elevator Operating Permits Staff Reimbursement for MLA Conf Fee Furniture Rental Refund Page 3 2,666.66 810.00 535.00 181.47 54.32 544.45 164.98 4,956.56 43.79 691.75 399.12 545.87 875.00 420.00 1,838.71 1,139.97 625.57 24.25 34.75 71.28 4,281.85 18.97 2,800.00 4,356.50 26,914.19 384.92 420.00 8.10 74.55 100.35 437.95 191.00 630.00 1,145.00 62.80 1,004.19 28.00 2,608.04 256.00 122.75 57.94 551.97 200.00 199.00 17.00 EXHIBIT "A" TO RESOLUTION #2016-164 Quill Corporation Stillwater Medical Group Toshiba Business Solutions University of Wisconsin- Extension Xcel Energy LIBRARY CREDIT CARDS Amazon.com Design Within Reach Dream Host Joker.com EIS TechSoup Valley Bookseller AUGUST MANUALS Century Link Xcel Energy Comcast MN Dept of Labor Supplies Drug Screening Maintenance Contract YS Mgmt Course Energy Materials Terrace Furniture (SPLF) Monthly Website Fee Internet Domain Skype Materials Telephone & 4th of July simulcast Energy Internet Boiler license Page 4 91.41 68.00 141.16 112.50 5,240.68 36.65 1,687.22 19.95 31.00 2.00 27.12 222.15 38,303.12 305.95 10.00 ti1 I\vaier Administration To: Mayor and City Council From: Diane Ward, City Clerk Date: 8/28/2016 Subject: Transfer of On -Sale and Sunday Liquor License A revised liquor license application has been received from Cabone's LLC, DBA: Lion's Main for the transfer of the On -sale and Sunday liquor licenses from Shanghai Bistro to Cabone's LLC, located at 324 S Main Street/Suite 11. They have also changed their name from Lion's Main to Lion's Tavern, therefore licenses will need to be corrected as well. Approval for the license information will need to be changed at the State level. ACTION REQUIRED: If Council desires to transfer the On -sale and Sunday liquor licenses, they should pass a motion to adopt a resolution entitled "Approving the transfer of the On -sale and Sunday Liquor Licenses from Shanghai Bistro to Cabone's LLC, DBA: Lion's Tavern." RESOLUTION 2016-165 APPROVING THE TRANSFER OF THE ON -SALE AND SUNDAY LIQUOR LICENSES FROM SHANGHAI BISTRO TO CABONE'S LLC, DBA: LION'S TAVERN WHEREAS, a revised liquor license application has been received from Cabone's LLC, DBA: Lion's Main for the transfer of the On -sale and Sunday liquor licenses from Shanghai Bistro to Cabone's LLC, located at 324 S Main Street/Suite 11. WHEREAS, the establishment opened in 2016 in a different suite at the same address (formerly Reve 324); and WHEREAS, the establishment has also changed their name from Lion's Main to Lion's Tavern, which needs to be corrected; and NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of the On -sale and Sunday liquor licenses from Shanghai Bistro to Cabone's LLC, DBA: Lion's Tavern. Adopted by Stillwater City Council this 6th day of September, 2016. Ted Kozlowski, Mayor Attest: J. Thomas McCarty, Acting City Clerk ti1 I\vaier Administration To: Mayor and City Council From: Diane Ward, City Clerk Date: 8/31/2016 Subject: Transfer of On -sale and Sunday Liquor License A liquor license application has been received from Chris Goetzke for the transfer of the On -sale and Sunday liquor licenses from Cabone's LLC, DBA: Lion's Main (formerly Reve 324) to The Tilted Tiki, Inc., DBA: The Tilted Tiki, located at 324 Main Street S (lower suite). Approval for the license should be contingent upon approval by Police, Finance, Fire, Building Departments, Washington County Department of Health and Minnesota Alcohol and Gambling Enforcement Division. ACTION REQUIRED: If Council desires to transfer the On -Sale and Sunday liquor licenses, they should pass a motion to adopt a resolution entitled "Approving the transfer of the On -sale and Sunday Liquor Licenses to The Tilted Tiki, Inc., DBA: The Tilted Tiki." RESOLUTION 2016-166 APPROVING THE TRANSFER OF THE ON -SALE AND SUNDAY LIQUOR LICENSES TO THE TILTED TIKI, INC., DBA: THE TILTED TIKI WHEREAS, a liquor license application has been received from Chris Goetzke for the transfer of the On -Sale and Sunday liquor licenses from Cabone's LLC, DBA: Lion's Main (formerly Reve 324) to The Tilted Tiki, Inc., DBA: The Tilted Tiki, located at 324 Main Street S (lower suite); and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of the On -Sale and Sunday liquor licenses conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, Washington County Department of Health and Minnesota Alcohol and Gambling Enforcement Division. Adopted by Stillwater City Council this 6th day of September, 2016. Ted Kozlowski, Mayor Attest: J. Thomas McCarty, Acting City Clerk RESOLUTION NO. 2016-167 RESOLUTION IDENTIFYING THE NEED FOR FUNDING TO COMPLETE ITS 2040 COMPREHENSIVE PLAN UPDATE AND AUTHORIZING AN APPLICATION FOR PLANNING ASSISTANCE GRANT FUNDS WHEREAS, the City of Stillwater, Minnesota must review and update its comprehensive plan as required by the "decennial" review provision of Minnesota Statutes section 473.864 , subdivision 2; and WHEREAS, on April 27, 2016, the Metropolitan Council adopted need -based eligibility criteria for awarding available local planning assistance grant funds and established maximum grant amounts for eligible grantees to help grantees review and update their comprehensive plans as required by the "decennial" review provisions of Minnesota Statutes section 473.864, subdivision 2; and WHEREAS, the City of Stillwater, Minnesota is an eligible city in the metropolitan area as defined in Minnesota Statutes section 473.121; and WHEREAS, planning assistance grant funds will be made available to eligible applicants subject to terms and conditions contained in Metropolitan Council grant agreements. NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the City Council of the City of Stillwater, Minnesota hereby authorizes its Community Development Director to: 1) Submit on behalf of the City of Stillwater an application to the Metropolitan Council for Local Planning Assistance grant funds for the decennial review and update of the City's local comprehensive plan required under Minnesota Statutes section 473.864; and 2) Execute on behalf of the City a grant agreement with the Metropolitan Council for planning assistance grant funds. Adopted this 6th day of September, 2016. Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk RESOLUTION NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT FOR THE PONDS AT HEIFORT HILLS CASE NO. 2016-23 WHEREAS, Richard Gagne, representing The Ponds at Heifort Hills, LLC has made application for approval of the final plat known as THE PONDS AT HEIFORT HILLS; and WHEREAS, on April 13, 2015 the Stillwater Planning Commission held a public hearing and recommended approval of the preliminary plat for THE PONDS AT HEIFORT HILLS; and WHEREAS, on May 17, 2016 the Stillwater City Council held a public hearing on the preliminary plat and approved it; and WHEREAS, on August 16, 2016 the Stillwater City Council held a public hearing and found the final plat and plan for THE PONDS AT HEIFORT HILLS to be consistent with the preliminary plat and plans approved on May 16, 2016. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Development Agreement for THE PONDS AT HEIFORT HILLS with 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: • Concept Plan D 5/11/16 • Existing Conditions 2/19/16 • Preliminary Plat 5/11/16 • Final Plat date stamped 5/20/16 • Tree Preservation & Landscape Plan 5/20/16 • Tree Canopy Area Plan 5/20/16 • Heifort Hills Tree Survey 3/17/16 • Proposed Site Plan C1 5/20/16 • Grading & Erosion Control Plan C2 5/20/16 • Wetland Impact Exhibit W1 5/20/18 • Wetland Buffer Plan W2 5/20/16 • Street and Storm Sewer C3.1 & C3.2 5/20/16 • Watermain and Sanitary Sewer C4.1 -C4.3 5/20/16 Resolution No. Page 2 of 3 • Lighting and Signage Plan C5 5/20/16 • Details C6-10 5/20/16 • Building Elevations - Streetscape 1.0 2/4/16 • Main & Lower Level Plans 2.0A 2/4/16 • Optional Floor Plan A, Garage Right 2.0B 2/4/16 • Floor Plan B 2.0C 2/4/16 • Optional Floor Plan B, Garage Right 2.0D 2/4/16 • Floor Plan C, Garage Left 2.0E 2/4/16 • Floor Plan CII, Garage Right 2.0F 2/4/16 2. 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. 3. The trail along the east side of Neal Avenue must be installed southward to Oak Glen Trail on East side of Neal Avenue. That portion south of the plat for this project may be credited against the Transportation Adequacy Fund fee or the park and trail fees, as found acceptable by the City Engineer. 4. Stormwater ponds must be maintained by the Home Owner's Association. This responsibility must be included in the Home Owner's Association documents. 5. Landscaping in the cul-de-sac islands must be maintained by the Home Owner's Association. This responsibility must be included in the Home Owner's Association documents. 6. A utility easement shall be dedicated to the City for sanitary sewer and water north of Pond Circle. This easement must be approved by the City prior to release of the Final Plat for filing with Washington County. 7. Utilities located north and south of Hill Court are to be private. 8. Given the restricted width of Hill Court and Pond Circle, parking will be prohibited. 9. Hydrants need to be added at the intersection and end of both cul-de-sacs. 10. There must be 10 feet of separation between the sewer and water utilities at all locations. 11. The outlet from Pond 1 is to discharge into Wetland B2 in order to maintain the hydrology to this wetland. When the outlet is relocated, the FES and rip rap must be kept out of the wetland boundary. 12. An additional sewer and water stub must be placed in Neal Avenue for future development on the west side of the street. The general location of these stubs is somewhat south of Pond Circle. The exact location must be approved by the City Engineer prior to release of the Final Plat for filing with Washington County. 13. Development impact fees for this phase must be paid to the City prior to release of the Final Plat. This includes fees for parks, trails, transportation adequacy, trout stream mitigation, trunk sewer and trunk water. 14. Stormwater and grading plans must be approved by the Brown's Creek Watershed District prior to release of the Final Plat from City Offices for filing with the County. Resolution No. Page 3 of 3 15. The developer is to construct Neal Avenue to the urban standard specified by the City Engineer. The costs of these developer improvements will be credited against the Transportation Adequacy Fee included in Item 8 above. 16. All electrical and communications utility lines shall be buried. Enacted by the City Council of the City of Stillwater, Minnesota this 6th day of September, 2016. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Memo DATE: August 31, 2016 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 leaks From 19,000 3rd To 5,000 SSI I lwa rer Administration TO: Mayor & City Council FROM: Donna Roboln Resources Manager DATE: September 1, 2016 SUBJECT: On -Call Pay for Non -Exempt Information Systems Staff The City of Stillwater Information Systems (IS) staff rotate after-hours technical assistance coverage. Coverage is provided on a rotating weekly on-call basis. BACKGROUND: The City of Stillwater IS staff receive after-hours requests for technical assistance from city departments. Previously, after-hours technical assistance calls were made to IS staff until a connection was made, inclusive of call-back requests, and often causing duplication of effort. In 2016, the IS staff established a rotating on-call duty schedule. On call is defined as occurring during the period of time after leaving the building or work location at the end of his or her regular shift and before the beginning of the next regularly scheduled shift. During on call, a staff member utilizes city -owned equipment to respond to calls, and is free to use the time on call for their own purposes. ASSESSMENT: Minnesota cities provide on-call compensation for non-exempt IS staff. Some offer a daily rate, some align rates among collective bargaining agreements, and some offer four hours of overtime or compensatory time per week of coverage. RECOMMENDATION: Going forward, the City recommends on-call compensation for non-exempt IS staff be set at a flat rate of $100 per seven-day period of on call. 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us Sti11watr H E 8 R 7 H P t a C E 4 i M I H Pi E s O f A CITY COUNCIL MEETING DATE: REGARDING: September 6, 2016 CASE NO.: 2016-027 Consideration of an Appeal to the Planning Commission denial of a request from Cecilia Loome for a Type III Home Occupation Special Use Permit, and associated variances, for the structure located at 320 4th Street North to be used as an in-home events center PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND On July 13, 2016, in a 4-2 vote, the Planning Commission denied a Special Use Permit (SUP) and associated variances for Cecilia Loome to operate the Old Swedish Church events center in her single-family residence at 320 4th Street North. Cecilia and her husband Jonathan Moler appealed the Planning Commission's decision. SPECIFIC COUNCIL CONSIDERATION According to City Code Section 31-217, Appeals, indicates "all appeal hearings will be de novo" which requires reconsideration of the original request. The original request made to the Planning Commission includes:. The request is accompanied by the following variance requests: 1. A Special Use Permit for a Type III Home Occupation to allow the structure at 320 4th Street North, currently a single family residence, to be utilized as an events venue for up to 20 events per year; and 2. A variance to the maximum 400 square foot allowed for a Home Occupation (or up to 20% of a home's total gross floor areal) to permit the 3,512 square foot event venue (85% of the subject home); and 3. A variance to the 7:00 am to 8:00 pm business hours limitation to allow for events to be held from 7:00 am to 9:30 pm; and 4. A 41-54 parking space variance to the total number of parking spaces required3. 1 City Code Section 31-500, Subd. 3(a)(6) 2 City Code Section 31-500, Subd. 3(a)(8) 3 City Code Section 31-500, Subd. 1(c) and City Code Section 31-500, Subd. 3(a)(9) A complete analysis of City regulations pertaining to the request for a Home Occupation Special Use Permit and each associated variance is included in the original planning report. In addition to the original planning report, attachments and minutes, the letter of appeal, and newly -received public comments, staff has also attached City Code Section 31-325, Allowable Uses in Residential Districts, and Section 31-500, Home Occupations. While this information was not included as a part of the original planning packet submission, this is information Planning Commissioner's receive as a part of new Commissioner training and have digital and hardcopy access to consult in the review of land use applications. The Council should review all attached materials for a complete understanding of the nature of the request. COUNCIL ACTION After conducting the public hearing, the City Council should conceptually approve or deny the appeal. Staff will then either prepare Findings of Fact for denial or a Resolution of approval for the September 20th Council Meeting. ATTACHMENTS Loome/Moler Appeal Letter Public Comments Paskvan, 314 4th Street North David deLeon, 704 5th Street North John Harrington City Code Section 31-315, Allowable Uses in Residential Districts City Code Section 31-500, Home Occupations, July 13, 2016 CPC Minutes Planning Commission Case No. 2016-27 Packet Site Location Map Applicant Submission Narrative (SUP and Variance) Site Plan Floor Plans Rental Contract Letter of Support Restoration Photographs Parking Photographs Zoning Map Case No. 2016-0 CC: September 6th, 2016 Page 2 of 2 Appeal by Cecilia Loome and J Denial of Their Application for a CASE NO.: 2016-27 Planning Commission's d for a Parking Variance INTRODUCTION We, Cecilia Loome and Jonathan Moler, submitted an application to the city for a type III home occupation special use permit and several variances in June 2016. We did so after we received a letter from the city instructing us not to take any more reservations at our property, which we refer to as the Old Swedish Church. Immediately upon receiving the letter from the city, we contacted the zoning commissioner who, after consultation with the city attorney, informed us that we should apply for a type III home occupation. The city code does not specifically address what it is that we are proposing to do, and in the absence of a specific provision, this type of home occupation permit was the best option. Though it is not a perfect fit, it is a legitimate avenue for the city to grant us permission to rent out our residence for occasional private events. DISCUSSION I. The City's Zoning Laws do not Prohibit the Short -Term Lease of One's Residential Property. Before undertaking the project of renovating the Old Swedish Church, we thoroughly investigated Stillwater's municipal code to determine whether our intended use of the Old Swedish Church was permissible. In doing so, we kept in mind the following principles: First, that zoning ordinances shall be construed 1) according to their plain and ordinary meaning; 2) strictly against the municipal body and in favor of the property owner; and 3) in light of their underlying policy goals.1 Second, that owners of residential property can do three economically ' Frank's Nursery Sales, Inc. v. City of Roseville, 295 N.W.2d 604, 608 (Minn. 1980). productive things with a residence: live in it, rent it, or sell it.2 We also took into account that the IRS does not consider renting out one's residence a business or commercial use if the property is rented out fourteen times or fewer per year.3 While the City certainly could validly regulate the renting of residential property if it chose to enact a zoning ordinance specifically addressing the subject, Stillwater's municipal code contains no provisions discussing the rental or lease of residential property, either for short term or long term uses. Similarly, the city's Comprehensive Plan contains no discussion of the rental or lease of residential property. Nor can I find any previous instance where the City required property owners to obtain a special use permit in order to lease their property. We submitted a Minnesota Government Data Practices Request that included a request regarding the City's position on rental of residences for thirty days or less. Thus far I have received no documents from the city and no legal justification for why we should need to seek this permit and associated variances in the first place. We have been navigating this process in good faith. We have been in constant communication with Tim and Jane Paskvan, the neighbors who would be most affected by our proposed use of our property. We have discussed our plans with numerous other neighbors, and have received little pushback except for the couple at the Aurora Staples Inn. The few people who are concerned with our plans are concerned not because of us, but because of the City's use of the Library for outdoor events in violation of the Municipal Code and the City's general z See, e.g., J. Dukeminier & J. Krier, Property (3rd Ed. 1993) p. 86 (discussing a property owner's property rights). 3 See IRS Topic 415, available at www.irs.gov/taxtopics/tc415.htm1("There is a special rule if you use a dwelling unit as a personal residence and rent it for, fewer than 15 days. In this case, do not report any of the rental income and do not deduct any expenses as rental income. Minimal rental use. If you use the dwelling unit as a home and you rent it less than 15 days during the year, that period is not treated as rental activity. '). dismissal of neighborhood concerns about that use. We, however, are not asking for a noise variance; we are not asking that our events be any louder or later than what is already allowed in this neighborhood. The fact of the matter is that, even according to the City's interpretation of the municipal code, we could have as many gatherings, receptions, and weddings on our property as we want, as long as we are not receiving money for that use. It stands to reason that if we lease our property to others that they can also use the property for a gathering of some nature. Renting out one's home is not a business, enterprise, or commercial use. When a neighbor told us that the owners of Aurora Staples Inn believed that we needed to apply for a special use permit, I contacted the city immediately. I called the number for the City Administration on February 2, 2016 and discussed our plans to use our residence to hold weddings with several people. I am happy to provide my phone records to demonstrate this. My wife and I did not believe we needed a special use permit until we received a letter from the city instructing us not to take any more reservations. It was at this point that we decided to work with the City in good faith by applying for a special use permit and corresponding variances that we do not believe we legally need and have been willing to accept reasonable conditions to keep the neighborhood happy. H. If the Municipal Code Applies to Our Proposed Use of Our Property, the City Should Grant Us a Special Use Permit and the Corresponding Variances. A. The Staff Report Inaccurately Presented the History of the Building. As we state in our application, our intention is to keep the property as residential as possible while occasionally using the property for its original and intended purpose: as a community gathering space. This use would be, by far, the most residential use in the building's history. The church was built in 1904 by the congregation of the Swedish Covenant Mission Church. It was used as a church until 1975; essentially it was an event center, with hundreds of parishioners attending services on a weekly basis, 52 weeks a year. In 1975 the church was sold to Jim Cummings. Cummings used the property as a bookstore, and for some period of time, his residence. In 1979, Cummings sold the property to Paul Holmberg, who used the building for industrial storage. While Holmberg, his wife, and two small children may have lived in the church briefly, when Thomas Loome purchased the church in 1982 the building was being used largely for the storage of construction materials and equipment. Loome used the building as a residence and bookstore up until 1989, when the family moved to William Street. From 1989 to 2012, the church was solely commercial. The bookstore was open to the public eight hours a day, six days a week, with occasional after-hours sales or literary events. Customers, along with a staff of 5-7 employees, parked on the street. Loome Theological Booksellers moved to West Lakeland Township in December 2012, and until we moved in the following year, no one had lived in the church for 24 years. Quite simply, the building has never been used solely as a residence, and based on the difficulty and expense of using the space as a residence, it is unlikely that it will be used solely as a residence in the future. The property was put on the market for several months after December 2012, but received no serious interest, primarily because of the difficulties discussed in Don Empson's letter. In June 2013 we began working on restoring the property, with the intent to use the space as our residence and to rent out for occasional private events to maintain it. In August 2013 we moved in. We continued to restore the property, and, in August 2015, had made enough progress that we could hold our own wedding in the building. We subsequently began to open our residence to others who were interested in holding small events in an historic space. We have a passion for the unique nature of the building, but if limited to only residential uses, we will not continue to live there. B. The Staff Report Inaccurately Characterized Us as an "Event Center" and made Several Other Misrepresentations. As we discussed in our application for a type III home occupation special use permit, both of us have full-time jobs and we have no intention or ability to operate a full time "Event Center" such as the Library or JX Events. We wish to keep living in the property as our primary residence and to rent out a portion of the space for occasional events and weddings as a means to offset the costs of maintaining the building. The IRS contemplates that individuals renting out their residences fewer than fifteen times per year is not business or commercial use, and we would be happy to accept that limitation on our use of the property. We are also happy to accept limitations of one event per weekend and two events per month and accept conditions similar to what are put upon the various local bed and breakfasts that request permission to hold events. Special Use Permits for a Type III Home Occupation have a number of conditions that must be met. The Staff Report and Planning Commission of our application was inappropriate in the following ways: First, the Staff Report indicated that "some private events may involve sales." At no point did we ever ask to have events that involve retail sales and we would happily accept a condition that no retail sales be allowed. The lease agreement that we submitted along with our application is explicit that the renters are not allowed to charge guests for anything. Second, the staff report for some reason estimated that our capacity is almost 200 people. This far exceeds the maximum capacity that we proposed in our application. It appears as though the staff report exaggerated our capacity in order to make our application and variance request seem unreasonable and burdensome to the neighborhood. We would gladly agree to a maximum capacity of no more than 90 guests, a much more reasonable number that the building is perfectly capable of accommodating. Third, in the staff report's conditional recommendations, it made several claims that the building is not up to code in various ways. First, the staff report claims that we have far fewer exits than we actually have. The building has five separate exits, including double doors in the front which count as two exits according to the code. It is unclear to us what caused the person preparing the staff report to make other claims about the property and whether it is up to code. As a historic structure, unless a building inspector has declared aspects of the building a safety hazard, the historic nature of the building is exempt from the current building code unless the property owners undertake to change the character of the building. We have done nothing but improve the floors, ceiling, and crumbling walls, and to restore the building to its former glory. Fourth, the staff report recommended unnecessary and unrealistic conditions, such as requiring us to get a liquor license and food license. These recommendations are frankly ridiculous and are not only arbitrary, but have nothing to do with our proposal. We are not proposing to open a food establishment; thus there is no need for us to obtain a food license (Washington County Ordinance No. 145, Food Code Ordinance, Section 4.1). Why would we be asked to obtain a food license? Likewise, according both to the State of Minnesota and to the city of Stillwater itself, there is no need for us to obtain a liquor license as we are not proposing to sell, import, or manufacture alcohol. (MN Statutes 340A.301, subdivision 1). Why would these conditions be imposed, unless as a means to make our proposed use an impossibility. These recommended conditions are not only arbitrary— other similar wedding venues (the library, the courthouse, Aurora Staples, William Sauntry, et al) are not required to hold a food or liquor license— but the conditions do not align with the city's objective to maintain the residential tone of the neighborhood. These conditions are far above the scope of what we are actually proposing. We are not asking to open a restaurant. We are not asking to sell liquor. We are asking to hold small private events in our home. Finally, the Staff Report and Planning Commission made several errors in its discussion of our application and in its denial of our application. First, the Staff Report reasoned that "nonconforming uses on neighboring lands, structures, or buildings in the same district or in other districts may not be considered grounds for issuance of a variance." The Planning Commission adopted that reasoning, stating that creep of non-residential uses into a residential neighborhood did not justify further creep. This reasoning is incorrect according to Minnesota law.' The character of the neighborhood does matter, and if anything, our use makes this property more residential and less commercial than it was when it was a bookstore, or for that matter, less commercial than it has been at any point in its 112 year history. C. A Variance is Warranted in this Case for the Space Limitation of a Type III Home Occupation. Variances may be granted in Minnesota if they are in harmony with the general purposes and intent of the ordinance and the comprehensive plan; when the applicant for the variance establishes a practical difficulty in complying with the zoning ordinance; when the plight of the landowner is due to circumstances unique to the property and not created by the landowner; and when the variance, if granted, will not alter the essential character of the neighborhood. 4 See Olsen v. City of Minneapolis, 115 N.W.2d 734, 740 (Minn. 1962) (a city cannot validly oppose a special use application on the basis of neighborhood nuisance where it has approved other similar applications within its boundaries that are close in proximity to residential structures). 1. The Use of the Property in in Harmony with the General Purposes and Intent of the City Ordinances and the Comprehensive Plan. One variance that we require is a variance to the space requirement of the Type III Home Occupation. We believe a variance is appropriate because we will only be leasing the church out for events a handful of times each year and because events adhere to the historic purpose of the church. The city ordinance makes numerous references to historic properties and the need for preserving such properties. The Heritage Preservation Committee ("HPC"), for example, was solely created to preserve the historic nature of many of Stillwater's buildings. We believe that our proposed use of the property is in harmony with the general purposes and intent of the city ordinances in comprehensive plan because it allows the church to remain residential for 351 out of 365 days each year. In other words, the church would be solely residential 96% of the time. Our proposal also keeps with the comprehensive plan because it preserves a historic structure, which the church inarguably is based on its unique and singular history and appearance. Previously, the church building was used as a sole residence approximately zero percent of the time, and for 88 of the church's 112 years of existence it was not used as a residential property at all. Granting us a variance to the space requirement allows the space to be largely residential while being leased out very occasionally for events. 2. We Have Established a Practical Difficulty in Complying with the Zoning Ordinance. As we discussed in our initial application and in front of the planning commission, the church was never intended to be used as a residence. In fact, HPC guidelines state that "Every reasonable effort must be made to use a property for its originally intended purpose." The church was intended as a public gathering space. The main hall's sloped floor makes it useless for practically any purpose besides a wedding, play, or recital. It is also unheated, which makes it impossible to use as a residence. The main hall also has very limited electricity and no plumbing, which makes converting it to any use but an event space practically impossible. The fact that the main hall is unheated also makes it difficult to heat and use the rest of the space during cold months, as the quadruple doors are very susceptible to heat loss. Finally, there are so few rooms in the building that it is impractical to use as a residence for most people. We are willing to make it work because we care about the property, but in the 40+ years since the church stopped being an actual church, no one else has been willing to do the same. The chair of the planning commission agreed, and none of the commissioners disputed, that we have established a practical difficulty for the space portion of a type III home occupation special use permit. 3. The Variance will not Alter the Essential Character of the Neighborhood. The planning commission and the staff report mischaracterize this requirement. It refers not to the character of what the neighborhood is zoned as but to the character of the actual neighborhood. One shouldn't take the neighborhood as it looks on a zoning map, but for what it actually is. The church is located in a unique neighborhood that is neither purely commercial nor purely residential. Within a handful of blocks in any direction are several residential properties, a senior living facility, two bed and breakfasts, ArtReach, .city hall, the police department, the public library and event center, a large public parking lot, several churches, and Consolidated Lumber Company corporate office (that somehow received approval to be placed in the middle of a residential neighborhood). The essential character of the North Hill (Original Town) neighborhood is that of a vibrant, mixed use community that adds to Stillwater's reputation as an "Event City" while preserving its identity as one of Minnesota's oldest settlements. Approving our permit and the associated variances would only be in keeping with the essential character of the neighborhood. D. A Parking Variance is Warranted in this Case. 1. The Use of the Property in in Harmony with the General Purposes and Intent of the City Ordinances and the Comprehensive Plan. The factors discussed with regard to the space limitation of a type III home occupation also applies to parking. In addition, we plan on doing everything possible to mitigate the parking situation and keep street parking to a minimum, whether that means directing guests to the public ramp, or adding a requirement to our lease agreement that says for groups over a certain number, a shuttle or trolley must be arranged to transport guests from a remote and controlled location. Many renters do this already—they have rooms blocked off at a particular hotel and they arrange to have shuttles from the hotel parking lot. 2. We Have Established a Practical Difficulty in Complying with the Zoning Ordinance. We have established a practical difficulty for parking. The property simply does not have space for thirty parking spaces. 3. The Variance will not alter the Essential Character of the Neighborhood. The north 4th street neighborhood is used to the occasional extra parking on weekends. Occasionally, when there are events downtown, like the North Star bike race, Lumberjack Days, 4th of July fireworks, there are cars parked up North 4th. When we step outside my door and see that there are cars parked on the street, it's not the end of the world, but rather, "oh cool, there must be something going on this weekend!" People come to Stillwater because things are happening here: the North Star bike race, Cruising on the Croix, Fall Colors Fine Art & Music festival, Rivertown Art Festival, Live Music Days, to name just a few. Stillwater is an event town and that's a big part of what keeps it vibrant. In fact, our proposed use will fill a void that is left by the old courthouse's recent decision not to book any more weddings or events. My wife owns a retail bookstore on Main Street, and every weekend, when she chats with customers she asks them what brings them into town. More often than not, it's "I'm here for a wedding." People love coming to Stillwater. The fact that they keep coming back is what keeps our town vibrant. We don't just say that because we are personally invested in having business for the bookstore downtown. We love that when we decide to go out for dinner, there are tons of great bars and restaurants to choose from. We love that, when we have relatives and friends come into town to visit, there's a beautiful Bed & Breakfast across the street to stay in. We love that enough people come to Stillwater to support a fancy soap shop, a gourmet olive oil store, an artisan cheese shop, awesome toy store and countless other great businesses. We love that Stillwater is a place people want to visit and a place to which they want to return. And we think we as a city and community need to support and accommodate that, and occasionally, make allowances when the situation calls for it. Personally, we think putting up with a few cars on the street once in a while is a small price to pay. Just run a Google search and you will find countless cases where historic buildings were lost because modern parking requirements made an adaptive reuse impossible. As one of our supporters so simply stated, `If Stillwater wants to keep its historic buildings, it is going to have to accommodate them." III. If the City Denies Our Permit and Variances, It May Wish to or Have to Use Its Power of Eminent Domain. The city code contemplates that the city may wish to use its power of eminent domain to preserve historic structures. For example, it is in the HPC's power to make recommendations regarding specific properties and the city code specifically contemplates that the HPC may recommend that the city institute eminent domain proceedings to preserve historic buildings. If the city denies our permit, it also may be invoking its power of eminent domain by default, because when a City deprives a property owner of the reasonable use of his land, it is an unconstitutional taking.5 The Old Swedish Church is a huge brick church built in 1904 whose footprint takes up the vast majority of the plot that it occupies. Most of the space consists of a sloped floor in an unheated sanctuary that is unusable during the winter months. Until we moved in, the building was used as a church, as a warehouse, and as a bookstore. It has never been used solely as a residence. We moved in thinking that we could do something useful with the building and also have no intention of using the property solely as a residence. Stillwater's city historian, Don Empson, along with the contractor who spoke in our support at the planning commission meeting, has confirmed that this property is not suitable for conversion to condominiums. The only reasonable and economical use of this property is as an assembly hall. 6 The way the City now applies its zoning laws, even a church would not be able to successfully apply for a special use permit for the Old Swedish Church. When a City's zoning unfairly diminishes the value of a property, thus causing the property owner to bear the burden rightly borne by the public, an unconstitutional taking has occurred.' Here, if the city denies our special use permit and variances, it effectively renders the Old Swedish Church a useless building. There is no room for additional parking, it is not s Czech v. City of Blaine, 253 N.W.2d 272 (Minn. 1977). 6 Czech, 253 N. W.2d at 275 (a taking is unconstitutional where the "general characteristics of the property ... virtually render[ ] it useless for any other use than [the use denied by the city]."). ' Wensmann Realty, Inc. v. City of Eagan, 734 N.W.2d 623, 632 (Minn. 2007). suitable for a residence, it is not suitable to be converted into condominiums, and as a structure of over 5,000 square feet, a 400 foot home occupation variance is virtually useless. CONCLUSION There are numerous reasons for the city council to grant us a special use permit and variances that we have discussed above. The most prominent of those reasons is that our proposal is in keeping with what Stillwater is and with the city council's vision for the city as an event town. Moreover, we believe that our proposed use makes the church more residential than it has ever previously been, and that will be good for the neighborhood and good for the city. Thank you for your consideration. Respectfully, Jonathan Moler & Cecilia August 28, 2016 Case No. 2016-27 Cecilia Loome 320 Fourth St N Dear Stillwater City Council members, We live in the "rectory" a few feet from the proposed venue. We're sure you're wondering why it has taken so long for us to object to the proposed event venue next door to our house. When Jon and Cecilia moved in approximately three years ago, they informed us that they were going to fix up the church so that they could host gatherings there, for profit. Well, I'm sure you are all aware of the events that take place on the library terrace all summer long. To hear that another event center opening within ten feet of our home caused me great alarm. asked, politely, if they could do that. Didn't they need approval from the city? Jon Moler, who is a lawyer, assured us that they had talked to someone at the city and it would be just fine. After all the things that have happened regarding the library, we believed that there was nothing we could do. We're sure at that point, had it been financially possible, we would have sold our house and left. However, it was not. Housing prices (we bought in 2006) have just now risen to the point that our house is pretty much worth what we owe on it. Therefore, we resigned myself to hoping that we could trust Jon and Cecilia to make the events as painless for us as possible. When they mentioned how many, and what types of events they were going to hold they mentioned weddings, theatre performances, etc. And then only a "handful." But now we're hearing the number 14, as the limit to the events. That is not a handful. That breaks down to more than two every month for six months from May to October. There have been a few events already, the most recent on August 20. That was a very noisy affair, with the doors to the church open and streaming out loud music, people going in and out, children running and shouting back and forth between the buildings, and people loitering in the front and sides of the building, and in our yard. With past events we have had people congregating in our front yard and smoking in areas (a foot from our backyard) that are designated as non-smoking by Jon and Cecilia. They believe that they will be able to handle and control up to one hundred people on their premises, even though there will be drinking and music that tends to get louder as the evening goes on. We have watched for ten years how that works at the library. Even though there is a set time for people to leave, they just don't. They gather outside, litter, slam car doors, talk and yell loudly, and sometimes urinate in people's' yards. Even when we were invited to the planning commission meeting to determine if the city would allow this event center, we still believed that it was just a "formality," so assured were Jon and Cecilia that they had already been granted permission. Because they are very good people, and we have become friends over the past year, we had planned to support their efforts, as they kept assuring us that there would be conditions, and most importantly, that the variance granted to them would leave with them should they move. At the meeting I was told that that is not true. The variances would stay with the building forever. That is not acceptable to us. Even though they assure us that they will never move, that is just not possible to do as nobody can predict the future. And then what? What a can of worms allowing this event center to go forward will open for our neighborhood, and also for the city of Stillwater. It would set an extreme precedent. I'm sure that Jon and Cecilia will have some of their friends speak at the meeting on their behalf. At the planning commission meeting the people who spoke in favor of the variances said that they lived more than a block away from the church. It is very easy to tolerate things when they don't affect you! People feel bad for Jon and Cecilia because of all the time and money they have put into their project. Well, we've put ten years and tens of thousands of dollars into our house. If this proposal goes forward we know that our property will be devalued. We don't know if it will even be sellable, but we certainly believe it would sell at a huge discount. We would like you to ask yourselves, would you consider buying a home within eight feet of a venue that hosts as many as 100 people, drinking and partying, more than twice every month from May to October? Also at the planning meeting Jon and Cecilia mentioned that the church is not suitable as a residence. It is our understanding that Cecilia lived in the church while she was growing up. And when the building first went up for sale, my husband and I were very interested in buying it. We would have lived there, and very nicely, too. It would make a wonderful home. To my knowledge, there isn't a church in Stillwater that has been converted to an event center, and yet they flourish as homes and condos. We're not sure if it is relevant, but it seems that Jon and Cecilia are not the actual owners of the property. We had assumed that they were. We are broken hearted to have to lose the friendship and good will of our neighbors. They are lovely people, but we don't believe that this would be a good thing for our neighborhood. We appeal to you to imagine yourself living on our block. Would you want this in your neighborhood? Please defend our right to peace and quiet as you would your own. We are asking that the City Council vote to not approve this event venue request. Timothy and Jane Paskvan 314 4th St N Stillwater, MN 651-235-8919 Abbi Wittman From: Diane Ward Sent: Thursday, August 25, 2016 2:28 PM To: Abbi Wittman Subject: FW: Old Swedish Church at 320 Fourth Street Add to your packet. From: David Junker Sent: Tuesday, August 23, 2016 6:49 PM To: Tom McCarty <tmccarty@ci.stillwater.mn.us> Subject: Fwd: Old Swedish Church at 320 Fourth Street Tom here is an email I received in favor of the church being used as an event center. This is from a neighbor on 4th st. Thanks Sent from my iPad Begin forwarded message: From: Drama club <daved99@gmail.com> Date: August 17, 2016 at 11:14:54 AM CDT To:<djunker@ci.stillwater.mn.us> Subject: Old Swedish Church at 320 Fourth Street Hello Mr Junker, My name is David deLeon and I live at 704 5th St N. I am writing to you about the Old Swedish Church at 320 Fourth Street. I would like to state that I support the building being used as an event center. I understand zoning rules need to draw a line somewhere but on the same street and one block south the library can act as an event center as well. This is why exceptions exist. I agree with Don Empson that this would be a sustainable way to preserve the beautiful building. Please let me know your thoughts on this. Thank you for your time, David deLeon daved99@gmail.com 651-734-5590 1 Abbi Wittman From: Diane Ward Sent: Sunday, August 28, 2016 12:01 PM To: Abbi Wittman Subject: FW: Old Swedish Church For your packet of information on the appeal From: woden69@ aol.com [woden69@aol.com] Sent: Thursday, August 25, 2016 9:02 AM To: Mike Polehna Subject: Question from John Harrington Hi Mike - Tom Loome asked that I speak at the 9/6 city council meeting in favor of granting event center rights to the Old Swedish Church on 4th Street. Can I do that? We live in the township, not the city. I would also be interested in your thoughts on this. Thanks, John Here is from Tom: Dear friends, As many of you are aware, our daughter Cecilia and her husband Jon have spent the last three years living in and restoring the Old Swedish Church which formerly housed Loome Theological Booksellers (1982-2012). They have spent thousands of hours lovingly restoring the architectural features that make the building so unique and beautiful. As a means to offset the substantial cost of maintaining the building, they have asked the City of Stillwater for permission to rent out their home for occasional private events. (For example, small weddings, anniversary and birthday celebrations, private parties, etc.). This plan to use the church as an event rental would have minimal impact on the neighborhood. Cecilia and Jon are asking to rent out the building for no more than 14 evenings during the entire year. While the vast majority of neighbors and residents are in support, the few who are opposed have been extremely vocal in their opposition. The church was for many years a full-time event center, with hundreds of churchgoers attending services every week. For 30 years it was a bookstore with staff and customers coming and going every day. However, the church lies just inside what is now zoned a residential district, despite the fact that within a stone's throw from the church, there is a bed and breakfast, a nursing home, Stillwater City Hall and the Police Department, the public library, and Art Reach St. Croix. Since the city's narrow framework offers no provision for what Cecilia and Jon are proposing to do, the planning commission has denied their request. Cecilia and Jon's appeal will be heard at the city council meeting on Tuesday, September 6, at 7 pm. This is the LAST CHANCE they will have to plead their case. We are writing to ask you to please, please, show your support. Help us fill city hall and show the City Council that the community DOES support this proposal to give the Old Swedish Church a new life! We are asking now for your help: 1. Most importantly, if you are able, please attend the city council meeting on Tuesday, September 6, at 7 pm. (216 N. 4th St.) Democracy works only when people actually show up! Please help us fill City Hall and show the City Council that the community DOES support this campaign to give the church a new life with minimal impact on the neighborhood. Public sentiment is of the utmost importance in this final attempt to give this beautiful historic building a place in our community. 2. Say something! There will be a chance to speak during the open forum portion of the meeting. You needn't give a speech, although you are free to speak briefly or simply to say "I am a Stillwater resident and I support this proposal" or "I am a Stillwater resident and I agree with the last speaker." 3. Share! Please forward this email to anyone you know who might be interested, and encourage them to be present on Sept. 6th Stillwater's eminent local historian, Don Empson, has written a lovely letter of support, which you will find below. Also, attached are some "before & after" photos of some of the incredible work Cecilia and Jon have done. Thank you for reading this, and please do not hesitate to call, text, or email Karen (651-208- 2893; karenloome@gmail.com) with any thoughts, ideas or questions. If you would like to see the church and the beautiful work Cecilia and Jon have done (it is truly amazing), they would gladly give you a tour! Thank you ahead of time for your support! Karen and Tom Don's letter: "As one who has spent over 50 years in historic preservation, (and written several Stillwater neighborhood histories) I can say with certainty that one of the most difficult issues in saving old commercial buildings, including churches, is finding a sustainable use for the building. Without some established purpose or use, it is very difficult to justify keeping the building instead of just tearing it down, and building a new structure. The Old Swedish Church at 320 Fourth Street North is one of Stillwater's finest historic buildings. Unlike some of the other older churches in Stillwater, it cannot be converted to residences. With its large open interior and sloping floor, it is not really suitable (nor zoned) as commercial warehouse or retail space. Instead, I believe the current owners have found a sustainable use for the church building as an occasional event space. I believe they will use this opportunity for the building in a responsible way. I hope the Planning Commission will make the necessary changes to allow the preservation of this historic church." 2 September 1, 2016 Bill Turnbladt 216 N. 4th Street Stillwater, MN 55082 Dear Mr. Turnbladt, Received SE n 2016 f in nullity DL My name is Sheryl Weitzel and I am writing in support of Cecelia Loome and Jonathan Moler's ability to host limited paid gatherings at 'The Old Swedish Church'. My husband and I will be out of town on September 6 therefore unable at attend your city council meeting. We have live at 121 Cherry St. W. for the past five years and during that time the church on 320 4th St. has been a bookstore, then a paid venue for a few gatherings. We are only a block and a half away and have felt minimal impact, if any, in terms of noise and/or parking. To the contrary, Cecelia and Jonathan have gone to great lengths to improve the property inside and out. We enjoy the marked improvement to the exterior doors, as well as, the beautiful flower gardens they have put in. The few gatherings they have hosted have been quiet and respectful. Their guests do part along the street for a few hours but so do other businesses and families when they have celebrations. Their block and further south on 4th St. has multiple businesses, large and small. Surprisingly, they too have had little impact in our daily comings and goings. We actually find we don't have to leave town less often to shop and they bring life to our neighborhood: Art Outreach -easy access to local art and music Churches -sense of community as families come together to worship Bed and Breakfast -know we are some place special to see others experiencing our unique setting Lil' Tulip -ability to shop for our grandchildren for upscale baby goods Reclaiming Beautiful -browsing for unique decor There are so many others also: the library, the nursing home, the post office, police station, and even you, City Hall. Adding 'The Old Swedish Church' to the above list seems so minute in comparison. The church was never intended to be used as a sole residence, nor has it ever been. The historical building needs to sustain itself if it is going to be preserved and maintained. Johnathan and Cecilia, themselves, have a historical connection to the building, as well as, a vested interest in following all the rules and fitting into the neighborhood by living there. Lastly, Stilllwater is a beautiful, unique and alive city that the world seeks to visit. 'The Old Swedish Church' at 320 4th St. N. only adds to our color and flavor and my husband and I champion their ability to once again throw open its doors to limited celebrations of lifel To do otherwise would seem grossly unfair because there is room for all of us. Sincerely, Sheryl Weitze4J 121 Cherry St. W. Stillwater, Mn 55082 Sec. 31-315. - Allowable uses in residential districts. liliwaler Planning Department ALLOWABLE USES ZONING DISTRICTS A -P LR CTR RA TR CCR RB CR TH CTHR RCL RCM Single-family dwelling P P P P P P P P P CUP Two-family dwelling P p2 CUP Attached single- family dwelling or townhouse3 SUP P Townhouse, row house, group house P Multifamily dwelling4 and condominiums SUP Accessory dwelling (See Section 31-501 SUP P SUP Duplex accessory unit (See Section SUP 31-502 Roominghouses1 CUP Type I home occupation (See Section 31-500 P SUP P P SUP P P P SUP A SUP Type II home occupation (See Section 31-500 SUP SUP SUP SUP SUP SUP10 SUP SUP SUP Type III home occupation (See Section 31-500 SUP SUP Accessory building and use A A A5 A A6 A7 A$ A Public schools P CUP Elementary school SUP P CUP Public and private primary and secondary schools9 SUP10 SUP9'1° Early childhood education SUP Parks, playgrounds and other open space areas P P P P P P P P P 1 of 3 6/17/2013 8:12 AM Private recreation facility A A Church or other place of worship SUP10 SUP1° P CUP Cemeteries SUP10 SUP1° Hospital, nursing home or rest home SUP10 SUP1° Institutional building P CUP Bed Et Breakfast SUP1° p11 SUP Off street parking Et loading A A Agricultural uses P Agricultural produce sales P Commercial greenhouse P Fish hatcheries and aviaries P Fishing lakes and picnic groves12 P Forest and wildlife reservations or similar facilities P Fur farming (raising fur bearing animals, excluding skunks and civet cats) P Riding academies or stables P Essential services P P P P P P P P P P P P Commercial uses not found objectionable by neighbors CUP Retail business of a corner store nature CUP Senior care living facility SUP CUP Armory SUP1° Municipal fire station SUP1° P = Permitted use SUP = Use permitted with a Special Use Permit CUP = Use permitted with a Conditional Use Permit 2 of 3 6/17/2013 8:12 AM A = Accessory use Blank cell in table means that the use is NOT allowed. Only one principal structure is allowed on a parcel. Two-family dwelling allowed only on corner lots. An attached single-family dwelling or townhouse is defined as: A single structure consisting of not less than 3 dwelling units located or capable of being located on a separate lot, and being separated from the adjoining dwelling unit by an approved wall extending from the foundation through the roof and structurally independent of the adjoining unit. Dwelling units for three or more families on a single parcel. Accessory structures are limited to one detached garage or one accessory dwelling. Accessory dwelling is permitted only with a special use permit. Garage is limited to a total of three stalls and all detached accessory structures shall be regulated by the standards found in Section 31-501, Subd. 2 (performance standards for accessory dwelling units in CTR district). Accessory structures in the TR district are subject to the regulations found in Section 31-503, Subd. 1 Accessory structures in the RB district are subject to the regulations found in Section 31-503, Subd. 2 Garage is limited to two stalls wide. Including accessory buildings and uses located upon property contiguous to that occupied by the main building. SUP may only be issued by city council. Must be located at least 900 feet from another bed & breakfast. No concession or retail sales are permitted. (Ord. No. 1003, § 2, 1-20-09; Ord. No. 1030, § 2, 5-17-11; Ord. No. 1055, § 2, 12-18-12) 3 of 3 6/17/2013 8:12 AM i11watc Planning Department J Sec. 31-500. - Home occupations. The regulations contained in this Section 31-500 are intended to control over any inconsistent regulations that might appear in this chapter. Subd. 1. Type I home occupations. (a) Type I home occupations are permitted uses in the RA, LR, TR, CR or RB zoning districts if the home occupation is in compliance with the following regulations: (1) No outside storage or display of products, equipment, or merchandise; (2) No in person retail sales; (3) No traffic that is greater than the residential level of the neighborhood; (4) No separate business entrance; (5) No signs; (6) Not more than 15 percent of the total gross floor area of a dwelling unit or 300 square feet, whichever is less is devoted to home occupation use; (7) No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; (8) All Type I home occupations must be registered with the community development director on a form provided by the city; and (9) Any Type I home occupation use that exceeds the standards set forth in this section requires a special use permit; and (10) No nonresident employees are permitted. Type I home occupations are allowed by special use permit in the CTR, CCR, CTHR and RCM zoning districts if the home occupation satisfies the general standards found in Section 31-207 (Special use permits and conditional use permits) and is in compliance with the following regulations: (1) No outside storage or display of products, equipment, or merchandise; (2) No in person retail sales; (3) No traffic that is greater than the residential level of the neighborhood; (4) No separate business entrance; (5) No signs; (6) Not more than 15 percent of the total gross floor area of a dwelling unit or 300 square feet, whichever is less is devoted to home occupation use; (7) No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; and (8) No nonresident employees are permitted. Subd. 2. Type 11 home occupations are allowed in the RA, LR, TR, CR, CTR, CCR, or CTHR zoning districts if a special use permit for the occupation is first obtained. (b) (a) The following regulations with regard to Type II home occupations must be observed and the regulations made a part of any special use permit issued for the occupation: (1) No outside storage or display of products, equipment or merchandise is permitted; (2) Any retail sales must be accessory or incidental to the primary residential use; (3) Infrequent hobby, craft or art sales are permitted twice per year for not more than six 1 of 2 6/24/2013 4:19 PM days per calendar year; (4) Customers must be scheduled by appointment; (5) Off-street parking must be provided for any customers; (6) No signs are permitted; (7) Not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet, whichever is less; (8) Business hours are limited to the period of 7:00 a.m. to 8:00 p.m.; (9) No nonresident employees are permitted; (10) No traffic that is greater than the normal residential area within the neighborhood; and (11) Type II home occupations are subject to review upon complaints from the neighborhood. If in the opinion of the community development director the complaints are substantial, a public hearing must be held at which time additional conditions may be added to this special use permit or in the alternative, the Type II home occupation permit may be revoked. Subd. 3. Type 111 home occupations are allowed only in the RB and CTHR zoning districts if a special use permit is first granted. (a) Type III home occupation permits must observe the following conditions and the conditions must be made a part of any special use permit: (1) No outside storage or display of products, equipment, or merchandise is permitted; (2) Any retail sales must be accessory or incidental to the primary residential use; (3) Infrequent hobby, craft or art sales are permitted twice per year for not more than six days per calendar year; (4) Any sign must be unlighted and smaller than two square feet; (5) Customers are permitted by appointment only; (6) Not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet, whichever is less; (7) No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; (8) Business hours are limited from 7:00 a.m. to 8:00 p.m.; (9) Off-street parking must be provided for customers; (10) No more traffic which is allowed other than in a normal residential area; (11) No more than one nonresident employee is allowed; and (12) Type III home occupations are subject to review upon complaints from the neighborhood. If in the opinion of the community development director the complaints are substantial, a public hearing must be held at which time additional conditions may be added to this special use permit or in the alternative, the Type III home occupation permit may be revoked. 2 of 2 6/24/2013 4:19 PM illwater THE B I R T H P t A r E OF MINNESOIA PLANNING COMMISSION MEETING DATE: July 13, 2016 CASE NO.: 2016-27 APPLICANT: Cecilia Loome, representing the Old Swedish Church REQUEST: Consideration of a Special Use Permit for a Type III Home Occupation, and associated variances for the Old Swedish Church located at 320 4th Street North. ZONING: RB - Two Family District COMP PLAN DISTRICT: Low/Medium Density Res. PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND On May 5, 2016, notice was sent to the property owners of 320 4th Street North, the historic Swedish Evangelical Mission Church, advising of the City's receipt of complaints the property was being utilized as an events venue. The notice advised this use was not permitted, the use must cease, and no further reservations should be made. Upon discussion with Planning Staff, the operators of the events center indicated they would like to apply for a Type III Home Occupation as the means for which the business could come into compliance with the Zoning Regulation. SPECIFIC REQUEST Cecilia Loome is applying for a Special Use Permit for a Type III Home Occupation to allow for the structure at 320 4th Street North, currently a single family residence, to be utilized as an events venue. The request is accompanied by the following variance requests: 1. A variance to the maximum 400 square foot (20%) total gross floor areal of a dwelling unit to allow for a 3,512 square foot (85%) event venue; and 2. A variance to the 7:00 am to 8:00 pm business hours limitation to allow for events to be held from 7:00 am to 9:30 pm; and 1 City Code Section 31-500, Subd. 3(a)(6) 2 City Code Section 31-500, Subd. 3(a)(8) Case No. 2016-27 CPC: July 13, 2016 Page 1 of 6 3. A 41-54 parking space variance to the total number of parking spaces required3. REVIEW STANDARDS City Code Section 31-500, Subd 3 indicates Type III home occupations are allowed only in the RB and CTHR zoning districts if a special use permit is first granted. The use must observe the following conditions and the conditions must be made a part of any special use permit: No outside storage or display of products, equipment, or merchandise is permitted The applicant is not proposing any permanent outside storage, though temporary lavatories and catering vehicles will be outside during events. Any retail sales must be accessory or incidental to the primary residential use No retail sales are proposed with the rental of the facility thought some private events may involve sales. Infrequent hobby, craft or art sales are permitted twice per year for not more than six days per calendar year The application indicates private events would be held but further indicates 'art exhibitions, fund raisers, community theater and music performances' are some of the types of events that may be held at the facility. Any sign must be unlighted and smaller than two square feet; and Any sign must be unlighted and smaller than two square feet At this time no sign is proposed for the facility. Not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet, whichever is less Approximately 85%, or 3,512 square feet, of the total gross floor area would be utilized at a part of the event venue. As such, the applicant is requesting a variance to this condition. No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors The applicant has indicated no amplified music will be utilized in the event venue and no music is allowed outdoors. Business hours are limited from 7:00 a.m. to 8:00 p.m. The applicant is requesting a variance to this condition to allow events to be held until 9:30 pm. Off-street parking must be provided for customers A single parking space is available on the property. However, this will not meet the parking needs (of 42 parking spaces) of the maximum number of people (125) the applicant has indicated is estimated. Based on preliminary estimations of seating in the main sanctuary and standing room in the balcony/loft, a conservative occupancy estimate is 164 which would require a minimum of 55 parking spaces, two of which would need to be designated accessible spaces. As such, the applicant is requesting a variance to this condition. No more traffic which is allowed Though not designated as a collector, North 4th Street 3 City Code Section 31-500, Subd. 1(c) and City Code Section 31-500, Subd. 3(a)(9) other than in a normal residential area serves as a collector for traffic to and from the North Hill. This street's traffic is greater than most traditional residential streets. No more than one nonresident employee is allowed No nonresident employees have been proposed by the applicant. Additionally, the purpose of the variance application is to "...allow variation from the strict application of the terms of the zoning code where the literal enforcement...would cause practical difficulties for the landowner." In addition to the requirements, below, Section 31-208 indicates "[n]onconforming uses or neighboring lands, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance" and "...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 31-208 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. The applicant must demonstrate that: The variance is in harmony with the general purposes and intent of this chapter. The purpose of the Home Occupation in the RB - Two Family Residential District is to allow for limited commercial uses as a small portion of a residence, thereby maintaining the residential nature of a neighborhood. When coupling the request for increases to the maximum square footage, the increase in business hours and the need for a significant parking variance, the combined effect is not in harmony with the general purposes and intent of the zoning code. If granted, the variances would allow for a use that is not in harmony with the general purposed and intent of the zoning code. The variance is consistent with the comprehensive plan. Comprehensive Plan Chapter 5, Historic Resources, indicates and objective of the City is to "encourage compatible remodeling, restoration, and/or reuse of historic buildings, including homes." However, the proposed use is not compatible with the City's Future Land Use Plan. Comprehensive Plan Chapter 2, Land Use, indicates institutional uses have been guided according to their surrounding residential neighborhood...so that if a school or a church were to close or vacate, the future land use of the property would become residential4. The plan further indicates residential zoning districts also allow for supportive uses typically found in residential settings, such as churches and schools. 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: Comprehensive Plan Page 2-19 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 proposed is not allowed in the RB - Two Family Residential District unless all conditions of approval for Type III Home Occupations can be met. As the conditions cannot be met, and variances are being sought, the proposed use as an events venue is not reasonable. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and While it is true the structure has been on this property for over 100 years, the institutional use ceased nearly 40 years ago and has been under the same ownership for the last 30 years, first used as a single family residence. While the structure is not a traditional residence, it is not uncommon for historic churches in Stillwater to be utilized as residences without intensifying the use with commercial endeavors. The variance, if granted, will not alter the essential character of the locality. As the applicant indicates, this property is located in a mixed-use neighborhood. While properties to the south of Mulberry Street (City Hall, Library, and ArtReach) are institutional and cultural uses, these properties are zoned as Public Administration and are designed to serve as a buffer between the downtown commercial uses and the north hill residential neighborhood. Although this property was granted a use permit to allow for limited bookselling in 1984, the commercial expansion in this neighborhood has been a challenge. The property is adjacent to a senior living center; this use was approved in 1969 and its continued operation is reasonable so long as it does not negatively impact the neighborhood. Adding the Aurora Staples Inn to the neighborhood uses, the commercial uses have been clearly creeping into, and infilling, the residential neighborhood. Granting variances expanding the total square footage of the commercial use to greater than the residential use, the hours of operation past the limited time periods for Home Occupation, as well as a variance to the parking regulations may alter the character of the locality, further intensifying commercial uses in this residential neighborhood. EVALUATION OF REQUEST In evaluating the request, the standards for review of a Special Use Permit should be included. 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The proposed use does not conform to the intentions or requirements of the zoning code provisions for Allowable Uses in Residential Districts nor the conditions for Type III Home Occupations. Furthermore, as the structure has been utilized as a residence since its assembly usage in the late 1960s, the structure no longer meets the code requirements for accessibility, exiting (doors, corridors, travel distance to and accessible routes from accessible parking, fire sprinklers, restrooms, and HVAC systems. 2. Any additional conditions necessary for the public interest have been imposed. If the Planning Commission finds all standards and conditions have been met for this request, staff recommends the conditions listed below to protect the public interest. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. While the applicant has indicated the use will be minimal and have little impact to the neighborhood, the increase of commercial use in this neighborhood is a concern and could constitute a nuisance in this neighborhood. ALTERNATIVES The City Council has the following options: 1. Determine that Case No. 2016-27 has established practical difficulty in complying with the parking regulations, as well as the hours of operation and maximum square footage for Type III Home Occupations, and substantially conforms to the requirements for Type III Home Occupation Special Use Permits and move to approve the application request with at least the following conditions: a. Plans shall be substantially similar to those on file with the Community Development Department's Case No. 2016-027 and dated as 6/17/2016. b. Prior to any further events being held at the facility, the property owner shall secure necessary building permits for conversion of this structure from a single family residence to an assembly facility. Work shall be conducted and approved prior to any further commercial activities occurring onsite. c. Prior to any further events with food being held at the facility, the property owner shall secure all necessary permits and licenses from Washington County Health Department. d. Prior to any further events with alcohol, and only after approvals from all other departments and agencies, a liquor license must be obtained from the City Clerk's office. e. Food trucks may only be located on private lands and offer refreshments to guests of private parties. f. Per the City's nuisance ordinance, no device for the production or reproduction of sound in a distinctly and loudly audible manner is permitted outdoors between the hours of 10:00 p.m. and 8:00 a.m. 2. Determine that Case No. 2016-27 has established practical difficulty in complying with the parking regulations, as well as the hours of operation and maximum square footage for Type III Home Occupations, and substantially conforms to the requirements for Type III Home Occupation Special Use Permits and move to deny the application. 3. Continue the public hearing until the August 2016 meeting for additional information. RECOMMENDATION On the basis the application does not conform to the intent, requirements and conditions set forth for Type III Home Occupations, Special Use Permits, and that the property owner has not established practical difficulty regarding parking, the maximum square footage of the Home Occupation, nor the hours of operation, staff recommends denial of the application. ATTACHMENTS Site Location Map Applicant Submission Narrative (SUP and Variance) Site Plan Floor Plans Rental Contract Letter of Support Restoration Photographs Parking Photographs Zoning Map The Birthplace of Minnesota 320 4th Street North 43 Subject Property Parcel Boundaries Municipal Boundary 0 170 340 680 Feet General Site Location LEGAL DESCRIPTION Parcel Number: 28.030.20.13.0116 Property Address: 320 4TH ST N STILLWATER, MN 55082 MAPS Class: C&I Legal Description: LT 2-3 BLK 14 EXC 5 32FT SD LT 3 BLOCK 14 SUBDIVISIONCD 2695 SUBDIVISIONNAME STILLWATER BLOCK 14 LOT 3 SUBDIVISIONCD 2695 SUBDIVISIONNAME STILLWATER Lots 2-3 of Block 14 except 32 feet of Lot 3, Original Town Stillwater NARRATIVE My name is Cecilia Loome and since the summer of 2013 my husband Jonathan and I have been living in and restoring the old church building located at 320 N. 4"h Street. We are asking the planning commission for permission to host occasional private events in the church. Unaware that we needed a permit, we have been offering our home for event rentals since this past winter and have taken several reservations. We had inquired with the city as to what sort of licensing or permission we would need to host weddings in our home, but there was a misunderstanding and it was only recently brought to our attention that a special use permit was required. Since then, we have stopped taking reservations and will not take any more until the permitting is approved. We would like to take the opportunity to share a little about the history of the property and our proposed use for it. The church was built by Swedish immigrants in 1904 and as such we have been referring to it as the Old Swedish Church. It remained a church through the 1970's, when it briefly changed hands before my parents purchased it in 1982. My father ran a bookstore out of the church, and in the first few years (until 1989) is also served as my family's residence. After my father retired in 2008, the book business was purchased by two employees, who continued to operate the business out of the church until they relocated in 2012. Once the bookstore left, we found that the building was in rough shape. Behind the bookshelves, which had been in place for three decades, were crumbling plaster walls and water -stained woodwork. The original fir floors were hidden by layers of ancient shag carpeting and vinyl tile. The original domed pressed tin ceiling was warped and flaking and the towers were inhabited by squirrels and pigeons. But beneath the grime and wear, there was potential, and my husband and I decided to take on the project. We moved into the building in the summer of 2013 and over the past three years, we have spent literally thousands of hours scrubbing, stripping, repairing, refinishing, and painting. In addition to the work we've done ourselves, we had the roof entirely replaced- a costly investment that we will be paying off for years to come. We did not enter into this restoration project with the intent to rent it out as an event space. We just felt that it was a special property and that SOMETHING had to be done with it. It was during the time we spent working on the place that it became clear that renting it out for special events would both be the most natural use of the space as well as the most practical. The Old Swedish Church was designed for gatherings and assemblies. Modelled after the design of turn - of -the -century opera houses, the slanted floor gives guests an equally good view of the stage and the domed tin ceiling provides such good acoustics that there is no need for amplified music. At the same time, these unique original features make the space impractical for other uses. We have worked hard to restore the building to its original state, because to alter it-- to turn it into something new-- would be to destroy the very characteristics that make it unique. We desire nothing more than to give the place a new life as what it was intended to be from the start- a place for people to come together. In its 110+ year history, the Old Swedish Church has never been a typical residence. Likewise, the neighborhood in which is sits is not a typical residential neighborhood. The public library, the Aurora Staples Inn, the nursing home, and city hall are all within a stone's throw of the church. Having occasional private events at the Old Swedish Church would not alter the tone of the neighborhood, and the traffic would be no different from that generated by concerts at Trinity Lutheran Church or events at ArtReach St. Croix and the library. REUSE OF A HISTORIC STRUCTURE The Old Swedish Church has rarely been used as a residence, and has never, to our knowledge, been used solely as a residence. Though the church is not a typical residence, it is our home. We do live here, and we hope to continue to do so. Hosting a wedding in one's home is incredibly disruptive, especially with young children. My husband and I both have full time jobs—he is an attorney in St. Paul and I am a shop owner in downtown Stillwater. We have neither the time nor the desire to run a full-time "event center." However, it is not a practical residence. With no heat, electrical outlets, or plumbing, the main body of the building is unusable for much of the year. The main body of the building also has a sloped floor that makes it unusable for most purposes but makes it uniquely well-suited to events like weddings or plays. We view holding private events as a very part-time, occasional, enterprise which would allow us to continue to live in and restore the Old Swedish Church. Without the ability to make some income off the place, it simply does not make sense to live here. Being able to host occasional private events would afford us the ability to continue living in and restoring the building, and provide both us and the city of Stillwater with a means to use and preserve this unique part of Stillwater's history. The Old Swedish Church is a part of the Heirloom & Landmark Sites Program, and in the three years that we have been restoring the building, we have adhered to the guidelines and ideals of the program. We have saved and preserved original features whenever possible. We've scoured salvage yards to locate oak trim to match the original woodwork throughout the building. We've searched eBay and antique malls to find antique grates and register covers in the same design as those in the church. We've removed layers of old shag carpet and spent hours carefully scraping off adhesive to reveal the original fir floors beneath. Though it has taken a staggering amount of time, labor, and money, it has been incredibly rewarding to see this beautiful structure come back to life. We are so excited about the progress we've made so far and we are proud to be able to share it. We also strongly believe that events are the proper use for a building such as this one; without a practical use, we are concerned that the church will again fall into disrepair. OUR PROPOSAL & VISION FOR THE CHURCH AS A PRIVATE EVENT RENTAL Outdoor activity We anticipate very little, if any, outdoor activity. On the south side of the building, far back from the street, there is a small enclosed patio, which guests would be free to enjoy, but otherwise there is very little outdoor space and so events would largely be contained within the building. Our rental contract, which we have attached to this application, prohibits any outdoor music and does not allow amplified music inside. Types of Events In the several months that we have been offering the space for rent, we have received inquiries for various types of events including weddings, birthday parties, baby showers, art exhibitions, fundraisers, meetings, baptism and graduation parties. Friends and acquaintances who have been in the church have talked about the possibility of community theater and acoustic music performances. Based on the square footage of the rental space and the number of exits, we estimate the maximum capacity to top out at around 125 guests. Most events would be between 30 and 70 guests. It has been very educational for us, as we've been offering the Church for rent, to discover what types of guests and events we might attract. Most of the interested parties have been smaller groups who appreciate the historic charm that the Church has to offer. It is perfectly logical: the building is only available in the warm months, and people who want to have a big wild party in the summer do not want to be cooped up in a relatively small venue with little to no outdoor space. We are not the library—on the contrary, we seem to be attracting the opposite type of renter: people who want a smaller, quieter, more intimate, more laid-back type of event. Furthermore, our contract requires guests to start wrapping up by 9:30, which is a deal breaker for many younger guests who want to party until late in the evening. In addition, we do not allow amplified music, which helps to weed out the party crowd (we have turned down renters in the past who have insisted on having live, amplified music). Timing, Length & Frequency of Events Parking Events would be held on Saturdays or Sundays, typically in the afternoon and early evening. In keeping with the noise ordinance and the tone of the neighborhood, events would conclude by 9:30 pm. There would never be more than one event per weekend. As previously discussed, we have no desire to run a full-time event center. We have full time jobs, an active 1 -year old, and we hope to have more children in the future. Ideally, we would hope to host between 14 and 20 events per year—that is, renting out our home for Tess than 5% of the time. We feel that this is a very reasonable and manageable number that would fit in well with our lives as well as fit in with the neighborhood. There is one designated private parking spot on site which could be used by caterers or other vendors. Guests would be instructed to park in the public ramp. Due to the special characteristics of the property, adding additional on-site parking is not feasible, and so we have applied for a parking variance. In that application, we discuss the parking issue in more detail. We have reviewed the city code and we believe our case for a special use permit is substantially similar to the requirements for a Type III home occupation. We would have no problem adhering to most of the twelve criteria listed. There would be no signage and no staff other than ourselves. We would not be selling anything, and as the events would be private, the only "customers" would be invited guests. As already discussed, the traffic would be occasional and would not be at such a level that it would be inappropriate for the neighborhood. The sixth criteria- "Not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet, whichever is less" would be an issue. As we've pointed out, the OId Swedish Church is no typical residence. It was never intended to be and it never has been. The area of the building that would be rented out would be the main sanctuary—the body of the church as well as the choir loft—along with the reception room and adjacent dining room. It would be a different question if we were talking about taking a normal residence and converting a huge portion of it into a commercial space. In our case, we are not creating something new; we are only asking that the space be allowed to be used for its original purpose and intent, on an occasional, infrequent basis. As to the permitted business hours, we would only be asking for a slight extension to the allowed times, so that events could run until 9:30 rather than 8:00. Given its location at the very edge of the residential district and its proximity to downtown and to the library (where events frequently run until 11 pm), we feel that this slight allowance would not have a significant impact on the neighborhood. With the previous events that we have held, we have not received or been notified of any complaints. The only other criteria we would have to address is the requirement for off-street parking. Ours is one such occasion that merits special consideration due to special characteristics of the property and we have submitted a separate request for a variance on the parking issue. We feel that this unique property is truly a gem and an important part of Stillwater's heritage, and we hope very much that we will have the opportunity to share it with the Stillwater community. We are eager to engage in a dialogue with the community about our proposed use of this historic structure, and we look forward to the opportunity to address specific questions or concerns. We are fully prepared to compromise and accept limitations on our use of the building. The OId Swedish Church is what it is; it is WHERE it is. While it technically does fall within a residential district, it is not a practical residence. If our proposal is denied, what will become of the building? Either someone will use it for something, or it will fall back into disrepair. For it to survive, someone has to do SOMETHING with the place. Our proposal is reasonable and unobtrusive. We love Stillwater. This is our home and we can't imagine raising our family anywhere else. One of the things that we love most about Stillwater is its uniqueness. We respectfully ask the planning committee to consider the uniqueness of this property when making their decision, and given the circumstances, be open to granting a special use permit for this beautiful part of Stillwater's heritage. Thank you, PARKING VARIANCE APPLICATION Practical difficulty. i. 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 We wish to use our residence, the Old Swedish Church, to rent out for occasional private events (approximately 14-20 per year). We are applying for a home occupancy 111 special use permit ("SUP") along with this variance. Our proposed use of the property is addressed in that application, including how the use corresponds with the requirements of a home occupancy 111 permit. Please see the section "Our Proposal & Vision for the Church as a Private Event Rental" of our SUP application for a discussion of the reasonable use of the land. ii. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner. Through no fault of ours, there is simply nowhere to add parking on the property. The footprint of the building does not allow for additional parking. The Church is nestled closely between two other old historic properties, with no clearance for vehicles on either side of the building. The back of the building, even if it were accessible, butts into a steep hillside (top of the Cherry Street ravine). There is one designated parking stall carved into the north side of the front lawn but aside from this, additional parking is simply not feasible. iii. The variance, if granted, will not alter the essential character of the neighborhood. Having occasional private events at the Old Swedish Church would not alter the tone of the neighborhood. Though it sits on the edge of the residential zone, the North 4th Street neighborhood is home to a variety of non-residential uses including a nursing home, bed & breakfast, and city hall. The occasional extra parking and traffic would be no different from that caused by concerts at Trinity Lutheran Church or events at ArtReach Alliance and the library. We are fully aware that parking on 4t^ Street is a concern for the neighborhood and we plan to employ every possible means to address the issue. For one, in our rental contract, we will require that tenants instruct their guests (either on their invitations or on their wedding website, if they have one) to park in the public ramp. I've timed it myself, and it is a 4 -minute walk (and this is while pushing a stroller, no less!) from our building to the parking lot entrance on 3rd Street, which is a perfectly reasonable distance. Would this completely solve the parking issue? No. There would still be people who would choose to park on the street, latecomers, or those who don't want to or are unable to walk the 3 blocks. There's no practical way for us to enforce guest parking. However, this requirement would absolutely help to alleviate the parking situation. Even if only a third of guests followed the instructions and parked in the ramp, it would go a long way to free up street parking on 4th Street, Mulberry, and Linden. Another thing to consider is that not all guests would be parking on the street. For example, when we had our own wedding at the Old Swedish Church last summer, our guests had reserved all 6 rooms of the Aurora Staples Inn (across the street) as well as 4 out of 5 rooms at the William Sauntry Mansion (three blocks up on 4t6 Street). This meant that all these guests left their cars at their respective lodging, and did not add to the street parking. We are also aware that numerous guests from out of town chose to carpool with other guests staying at nearby hotels. As an example of the effect on the neighborhood, we have attached photos of 4th Street that we took during a recent wedding (May 2016); the street does not look significantly different from normal times. A neighbor commented to us that they would not have known that we were having a wedding but for the white bows on our handrails. A second example: We recently showed the Church to a bride who was looking only for a ceremony space- she'd already booked the Lowell !nn for her reception. Most of her guests were planning on staying at the Inn as well. Obviously, very few of this bride's guests would be driving the 3 blocks between the ceremony and reception. It is important to remember, too, that a wedding with 50 guests does not mean there will be 50 cars battling for space on 4th Street. People usually come to weddings as couples or families. Guests coming from the Twin Cities often rideshare. Thus, a guest count of 50 might translate to 20-25 cars. Perhaps a third of those cars would follow their host's directions and park in the public ramp. That leaves us with maybe 15 cars. Several of those 15 would likely be staying nearby- at one of the 8 & B's, at the Lowell Inn or the Water Street Inn, and would opt to walk the 5 minutes to the wedding rather than try to move their car and re -park. The end result, then, is that a few times a year, on a Saturday afternoon, 4th Street, Linden, and Mulberry, might see a handful of cars parking on the street. 314 N. 4th Street (Tim & Jane Paskvan) HILL E G,gRO,N PATIO 10x24 (r (APPROX.) 1. Iar.fi) ' -E./amu__._. __ . SIDEWALK m 217 W. Linden Street •_ .(John Allen & Barbara Champlin) HILL HILL RETAINING WALL 320 N. 4th Street (The Old Swedish Church) FRONT LAWN CITY SIDEWALK 4TH STREET NORTH err rl DRIVEWAY/ PARKING 10 X 19 tiINCH-1t ET. 324 N. 40, Street (George Abi Ghanem) " DINING ROOM 39 X 18 STORAGE/ UTILITY 8X6 ENTRY 8X10 1 RECEPTION ROOM 20X18 MAIN ROOM 40 X 40 (APPROX.) KITCHEN 11X18 FIRST FLOOR 1INCH=8FT OFFICE 9X12 STAGE 20 X 15 (APPROX.) CLOSET CLOSET 9x6 LANDING 8X10 (APPROX.) + 11 SPIRAL STAIRS I FAMILY ROOM/ BEDROOM 18 X 18 CHOIR LOFT 20 X 20 (APPROX.) CLOSET NURSERY 11X18 ANOD]V9 1r"1 SECOND FLOOR i INCH 6 FT. RENTAL CONTRACT PRICING & RESERVATIONS Standard Event Rental Fee for a Saturday wedding reception/ event, 4-10 pm is $750.00 Includes use of the space, amenities, and additional time for set-up, rehearsal, and take-down. No wedding date or time may be reserved or held without a signed rental agreement and down payment. The Venue will hold all down payments for 7 calendar days from the date of receipt. All down payments are fully refundable during the 7 -day hold period. After 7 days all down payments become non-refundable. If the Guest decides to cancel a reservation during the 7 -day hold period, the Guest is responsible for notifying the Venue by 5 pm on the seventh day. DEPOSITS Down payment of half the rental fee ($375.00) is due when the reservation is made. Damage deposit of $400.00. The Guest may forfeit all or part of their damage deposit if the facility is not left in good condition. The Guest is responsible for paying any specific damages caused by their group. Noise Compliance deposit of $200.00 will be required for any event with amplified music. The Deposit is subject to forfeiture by the Renter for: 1) not concluding the music at the time specified in the agreement; 2) failure to turn down the volume of the music when requested to do so either by us or by the Stillwater Police; 3) the issuance of a citation to the renter or their agents for violation of the City of Stillwater Noise Ordinance. The balance of the rental fee, damage and noise deposits are due no later than 7 days before the event. The damage deposit and noise compliance deposit will be returned within 7 days following the event provided that no damage was done to the venue and no noise violations occurred. If damage occurred to the Venue, the damage deposit will be returned less the amount needed to return the Venue to its original state. The Venue will provide documentation for any repair expenses. (See also- CLEAN UP) The standard event fee includes use of the building and grounds, folding chairs and tables, bar, serving tables. Set-up of tables and chairs is included in the fee; a plan for arrangement of furniture must be agreed upon no later than 7 days before the event. EVENT INSURANCE The Guest must carry insurance to cover the event. A minimum of $300,000 in Bodily Injury and Property Damage Liability is required. The insurance policy must be in the name of the person signing the lease. Proof of insurance is required before the event takes place. If you plan on serving alcohol, check with your insurance agent to make sure your event insurance has adequate coverage. SET-UP/ REHEARSAL/ TIME ALLOTMENT The Venue will not schedule more than one event per weekend in order to provide the Guest with ample time for setting up and decorating. Set-up and drop off may begin up to 48 hours ahead of time but must be scheduled at least 7 clays in advance. To ensure that the event runs smoothly, the Venue requires a mandatory planning meeting with our event coordinator which can take place anytime between 8 and 4 weeks before the event. The Venue is responsible for having the space set up before the event according to the plan as decided upon at the planning meeting including arrangement of chairs, tables, and other furniture. For ceremonies, a one-hour rehearsal may take place during the week prior to the event. The rehearsal must be scheduled 7 days in advance. USE OF THE SPACE No decorations may be used on interior walls without express prior permission. This includes tape, tacks, staples, nails, 3M hangers or other devices. No rice, birdseed, helium balloons, silly string, or confetti is permitted in the building or on the grounds. Flower petals are permitted as long as long as they are used only on a runner, and must be removed immediately after the ceremony. All state and local fire codes apply. No flammable substance or material may be used unless it meets fire safety standards. No open flames or candelabra are allowed. Candles must be enclosed in glass. For ceremonies, a unity candle is permitted but must be extinguished immediately after the ceremony. Christmas lights approved for outdoor use may be used. Fireworks, including sparklers, are strictly prohibited. OUTSIDE CONTRACTORS/ DELIVERIES The Venue is not responsible for personal or rental property before, during or after an event. The Guest must either be present for deliveries, or must make arrangements ahead of time if they would like the Venue to receive or sign for a delivery. FURNITURE/ EQUIPMENT/ EXTRAS The use of the following furniture and other amenities are included in the standard event fee and are as follows: 75 white padded folding chairs 30 vintage wooden folding chairs 9 - 60" round banquet tables 6- 48" round banquet tables 2 — 7' banquet/ serving tables 1— antique 13' oak banquet or serving table (must be used; the table is extremely heavy and placement must be agreed upon at least 7 days before the event) 5 garden benches on the patio 2 — 7' banquet/ serving tables 2 -- Sonos speakers 2 — microphones 1— oak podium/ lectern 1- Antique clawfoot lectern/ stand 4 — large glass beverage dispensers FOOD No cooking or food preparation is allowed in the building or on the grounds. All food must be prepared ahead of time and may not be prepared on site. The Guest assumes all liability for food service and consumption. ALCOHOL The Guest assumes all liability for alcohol service and consumption. The Venue assumes no liability for alcohol service or consumption. All state and local laws governing alcohol use are applicable. An open bar where guests serve themselves is not allowed. You must have a designated bartender serving alcohol. The Guest may provide someone, or we can refer you to bar staff who have worked the space before. No cash bars or "bring your own alcohol" is allowed. Alcohol service must conclude no later than 9:30 p.m. and a minimum of )4 hour before the conclusion of the event. CLEAN-UP The Guest must have all decorations, catering items, rental items, personal belongings, etc. out of the building within one hour after the conclusion of the event unless otherwise agreed upon ahead of time. Next -day clean-up is an option but must be scheduled at least 7 days in advance. General clean-up is provided by the Venue at no additional cost. Venue is responsible for clean-up of all items that remain on site including linens, beverage dispensers, etc. Any excessive damage or mess which is considered above and beyond normal wear and tear will be deducted from the damage deposit. e.g. an intoxicated guest vomits on a carpet and it must be dry-cleaned e.g. an unruly child uproots plants from garden areas or planters and they must be replaced for upcoming events e.g. a lamp or other fixture is broken RESTROOM FACILITIES If an event meets any of the following criteria, the rental of an additional portable toilet is required. - any event with more than 90 guests -an event with more than 75 guests that lasts for more than 4 hours - any event with more than 75 guests where alcohol is served This is a separate rental fee that is NOT included in the standard event fee, however the Venue can arrange for rental and delivery of the portable toilet on your behalf. Typical charge for a standard unit is $110 plus tax; a deluxe flushing model, with soap and running water, is $165.00 plus tax. (prices quoted are per Jimmy's Johnnies 2015 pricing and may be subject to change) By signing this agreement I have read and agree to the above terms and conditions: Guest signature Date Venue signature Date Event date Damage deposit, noise compliance and balance due on CONTACT INFORMATION: Guest name Address Email Phone Members of Our Council, I write in support of a request by Cecilia Loome and Jon Moler to use their property and residence as a mixed -use building for special events. My family has lived on the north hill of Stillwater for nearly 30 years. For over 15 of those years I walked daily to work at Loome Theological Booksellers, the old Swedish Covenant church building at 320 N 4th St. For the many years I worked as general manager for Mr. Loome this building operated as a business within what is also, technically, a residential district. Yet there are many other non-residential buildings within a stones throw away. ArtReach Alliance is three doors down, Stillwater Library is two doors down. Aurora Staples Inn (also formerly a bookstore when Jim Cummings owned it) is across the street, as is Golden Living nursing home. City Hall and Ascension Episcopal Church are less than a block away. This is clearly a "mixed use" neighborhood, and has been for decades. The question has been raised about a potential parking problem if small events are held at this building. I don't see how an occasional event would create a parking problem. The church, when it was a bookstore, had customers and staff parking on the street six days a week. We never had a complaint from neighbors. Trinity concerts, library events, and city council meetings see the street lined with cars but this has never caused a problem. While 1 understand the need to ask the questions about how the use of the building may influence the neighborhood, 1 believe it is more helpful to consider the clear advantages of having the property available as a mixed-use space. Cecilia and Jon have done a remarkable job in restoring the original character of this very unique building. They have repaired, patched, and painted the lath and plaster walls and the original domed tin ceiling. The ornamental steel hanging lamps are also original, though they have been brought up to the current electrical code. The sloped floor and radius balcony surrounding the former pulpit area are unmatched in Stillwater as architectural features. The building was part of the Stillwater Historical Heritage Tour at the turn of the millennium. If you have not ever been inside I recommend a visit. The use of this former church for community events is precisely in keeping with its character. A small venue of such historical and architectural significance provides a needed and attractive place for weddings, plays, concerts and recitals. Affordable space for the latter are sorely lacking in our community. Please grant Cecilia and jon's request. Their endeavor is another example of what makes Stillwater such a gem. Respectfully, Christopher Lentz 718 N. 3rd St Stillwater 651.263.8365 EBONY iiTh'f 6EFOIt-E b AF1ER seGow) S1AittwO4, gfFol-E 1 AfTrk SPIRAL STAIR HAII-Vil• aEF0L6 k f1FtEn. Ctioitt 1.oFT fl-Oola IN gagrikEss KcrcAN CA61147 DM= 1. firm j nom' MOST OF TI{E SulltlltER OF ir RE4PRINTiN6- THE O1210NRL DomED TI Nt 050,11.)6.., (so 1, so AFTER pIGTapte i•) soteTH slr.E 0f '8u1 1-pING BEVOILE b, FF1P Koml sTAlRvuAY 5EfOltE AFTER 0 i 1 iwate! The Birthplace of Minnesota 150 300 600 Feet Neighborhood Zoning Subject Property Parcel Boundaries +-�- Municipal Boundary Zoning Districts (2012) Representation: Zoning_Rep 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 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 TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Shawn Sanders, Director of Public Works August 29, 2016 Stillwater Oak Park Heights Street Project Assessment Hearing and Adoption of Assessment Roll Projects 2014-03 DISCUSSION: This project consisted of reconstructing streets in the southeast area of the city that share a common border with Oak Park Heights. Streets included 62"d Street from Panama to Paris Avenue, Paris Avenue south of 62"d Street and Panama Avenue from Orleans Street to 62"d Street. The project was done in conjunction with the City of Oak Park Heights, who was responsible for the design and construction and administration of the project. The project is complete and the next step is finalize the assessed cost of the project Final cost of the project totaled $210,919.35. This amount is considerably lower than the feasibility estimate of $347,520.00. With the lower cost of the project, the cost per foot for the street work changed from $130 per foot to $80.41 per foot. The City would assess the street portion of the project according to our assessment policy which 70% of the project cost is assessed to the affected property, except for Paris Avenue, where the street was assessed 100%. Storm sewer on Panama was cost shared between, the City, the school district and Oak Park Heights, resulting in $7190 assessed cost to the school district. Summary of rates is shown below: Street Segment Panama Avenue and 62"d Street Paris Avenue Storm Sewer Feasibility assess cost $91.00/ft $130.00/ft $8250 The assessment period would be 10 years at an interest rate of 3.5%. assessment roll is included. Final Assess cost $56.21 $80.41 $7190 A copy of the Summary of the project cost breakdown after computing the final assessment amounts is as follows: Feasibility Property Assessments $267,431.00 City Responsibility (Property and assessed share) $74,589.00 Total Project $342,020* *Does not include $5500 for Oak Park share of storm sewer To date there has been there has no objections to the assessments. Final $167,384.84 $43,531.51 $210,919.35 RECOMMENDATION: Staff recommends that Council hold the assessment hearing, and adopt the attached assessment roll for the Stillwater Oak Park Heights Street Project ACTION REQUIRED: If Council concurs with the staff recommendation, they should conduct the public hearing and pass a motion adopting a resolution entitled RESOLUTION ADOPTING ASSESSMENT FOR STILLWATER OAK PARK HEIGHTS STREET PROJECT (PROJECT 2014-03) ASSESSMENT PERIOD: 10 YEARS 3.5% INTEREST RATE FINAL ASSESSMENT ROLL STILLWATER OAK PARK HEIGHTS STREET IMPROVEMENT PROJECT PROJECT 2014-03, LI 407 GEOCODE TAXPAYER NAME/COMPANY ADDRESS CITY Adj. Frontage Assess Rate Street Cost Storm Sewer Total Assessment PROPERTY ADDRESS 3303020410017 SALEM EVANGELICAL LUTHERAN 14940 62ND ST N STILLWATER MN 55082 135 $ 56.21 $ 7,588.35 $ 7,588.35 14940 62ND ST N 3303020410019 IND SCH DIST #834 1875 GREELEY ST S STILLWATER MN 55082 570 $ 56.21 $ 32,039.70 $ 7,190.00 $ 39,229.70 6355 OSMAN AVE N 3303020410037 CANVAS HEALTH INC 7066 STILLWATER BLVD OAKDALE MN 55128 150 $ 56.21 $ 8,431.50 $ 8,431.50 6450 PANAMA AVE 3303020410038 CANVAS HEALTH INC 7066 STILLWATER BLVD OAKDALE MN 55128 180 $ 56.21 $ 10.117.80 $ 10,117.80 375 ORLEANS ST E 3403020330133 WASHINGTON COUNTY 14949 62ND ST N PO BOX 6 STILLWATER MN 55082 943 $ 80.41 $ 75,826.63 $ 75,826.63 14949 62ND ST N 3303020440030 WASHINGTON COUNTY 14950 62ND ST N PO BOX 6 STILLWATER MN 55082 466 $ 56.21 $ 26,193.86 $ 26.193.86 14949 62ND ST N Project 2014-03, LI 407 S 167.387.84 1 of 1 8/31/2016 RESOLUTION ADOPTING ASSESSMENT FOR THE STILLWATER OAK PARK HEIGHTS STREET PROJECT PROJECT NO. 2014-03, L.I. #407 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard all objections to the proposed assessment for the Stillwater Oak Park Heights Street Project for the following area: Properties abutting Paris Avenue South of 62nd St, 62nd Street, (Panama Ave to Paris Avenue), Panama Avenue (Orleans Street to 62" Street). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January 2017, and shall bear interest at the rate of three and half (3.5) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2016. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. Property owners may at any time prior to certification of the assessment to the county auditor, pay the entire assessment balance on such property, without any additional interest to the City of Stillwater. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15, 2016. If the assessment is not paid by November 15, 2016, accrued interest from the date of the adoption of the assessment roll through December 31, 2016 will be added with the first installment due in 2017. If payment is not received by November 15, 2016, the amount listed above will be collected over a 10 -year period with interest added at 3.5% per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. You may at any time thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the council this 6th day of September 2016. ATTEST: Ted Kozlowski, Mayor J. Thomas McCarty, Acting City Clerk September 2, 2016 J. Thomas McCarty City Administrator City of Stillwater 216 Fourth Street North Stillwater, MN 55082 RE: Your letter dated September 1, 2016 Withdrawal of Stillwater Log Run Permit Application Dear Mr. McCarty, Thank you for itemizing the city's concerns regarding the Stillwater Log Run Event Application. In the interest of the 600+ runners from 13 states and 3 foreign countries who have entered the race as of this date it is our decision to hereby withdraw the permit application for the Stillwater Log Run with the City of Stillwater effective today. From the very beginning of this process our intent was to simply produce a great race for our runner/guests and to bring people to Stillwater. Withdrawing our permit application with the City at this time also removes the time constraint to address your concerns. Our runners are relying on Run Stillwater to produce a great race on September 17 and our obligation to them is to meet their expectations. Removing as many possible concerns as soon as we can is our priority. The permitting uncertainty was one of our concerns along with strong concerns about the water levels affecting Lowell Park and Sam Bloomer Way. With that in mind the new courses for the Log Run 10 Mile and 5K will not enter the City of Stillwater or feature a finish line that can potentially be affected by our beloved river. Race headquarters will remain at the Water Street Inn and runners will be shuttled to their respective starts from the Water Street Inn, then returned by shuttle. In addition, we are doubling our efforts to get our runner/guests into the many excellent shops and restaurants in Stillwater and to stay in our local hotels. In our opinion working together allows more to be accomplished than being adversarial so with that in mind our press releases will only mention finish line concerns as our reason for relocating the race courses and their finish line. I will contact you in the fall to schedule a face to face meeting where all parties can get together and address the concerns your letter identified and the City can answer some concerns that our group has. We are hoping 2017 brings a fresh start. Respectfully, Ryan Bevens, CEO Run Stillwater, Inc. Stillwater Log Run P. 0. Box 21 Stillwater, MN 55082 651-235-0244 cc qlt//6 Diane Ward, Stillwater City Clerk Beth Wolf, Parks Coordinator Mayor & Council members Stillwater & Oak Park Heights CVB 111 Iwater Administration 3 September 1, 2016 Ryan Bevens Stillwater Log Run Run Stillwater, Inc. P.O. Box 21 Stillwater, MN 55082 RE: Appeal of City Council Denial of Stillwater Log Run Event Permit Dear Mr. Bevens, On August 29, 2016, the City of Stillwater received your August 29, 2016 letter requesting an itemization of public safety concerns regarding the City Council's denial of the proposed Stillwater Log Run Event Permit. In response to your request, public safety concerns regarding the proposed event that were reviewed by the City Council included: - The application did not include an emergency plan. - The application did not include documentation from Washington County for use of right-of-way on County roads, did not include documentation from MN DOT for use of Hwy 95 right-of-way, and did not include any documentation for traffic safety for patrol officers or deputies to assist with traffic control. -Washington County Sheriff's Office has indicated it will no longer participate/staff events with Run Stillwater, Inc. - Mr. Bevens has not been present at recent previous events sponsored by Run Stillwater, Inc. and no information was provided to the City regarding who was the responsible alternate on day of the race. - Mr. Bevens, nor any alternate was present at the organizer's scheduled race day safety briefing and no communication was provided to the City regarding a change in the time/location of the safety briefing at the 1/2 Marathon in May of this year. -Last minute changes to the course, start/stop locations, and the overall event are commonplace over the past events sponsored by Run Stillwater, Inc. These requests/changes create significant issues for City staff and downtown/area businesses and residents. The City Council will consider your appeal of the Council's denial of the September 17, 2016 Stillwater Log Run Event Permit at its regular meeting on Tuesday, September 6, 2016. Sincereell LM4 • y J. Thomas McCarty City Administrator cc: Stillwater City Council Members 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us RECEA 7 August 29, 2016 BY: Ms. Diane Ward, City Clerk City of Stillwater 216 4th Street N. Stillwater, Minnesota 55082 RE: Formal appeal request - Denial of Stillwater Log Run Event Permit Dear Ms. Ward, Per the letter from the City of Stillwater dated August 17, 2016 notifying us of the denial of the Stillwater Log Run Event Permit, the Stillwater Log Run is hereby filing a formal appeal request regarding the council's decision as outlined in the above referenced letter. Please provide me an itemization of all public safety concerns regarding the race so our staff can address them prior to the September 6, 2016 meeting. The list can be emailed to me at the address below. Thank you in advance for your assistance in providing us the list of concerns. Respectfully, Ryan Bevens, CEO bevens.ryan@gmail.com Stillwater Log Run Run Stillwater, Inc. P. O.Box 21 Stillwater, MN 55082 651-235-0244 cc: J. Thomas McCarty, City Administrator ti1 Awa ter Administration August 17, 2016 Ryan Bevens c/o Run Stillwater, Inc. PO Box 21 Stillwater, MN 55082 RE: Stillwater City Council Denial of 2016 Stillwater Log Run Event Permit Dear Mr. Bevens, The Stillwater City Council, at its regular meeting of August 16, 2016, denied the Event Permit for the proposed Stillwater Log Run Event scheduled for September 17, 2016. The City Council considered the event application materials, city staff recommendations and all supplemental materials submitted regarding the proposed 2016 Stillwater Log Run event. The City Council denied the 2016 Stillwater Log Run event permit by majority vote based upon public safety concerns. Should you wish to appeal the City Council decision to deny the 2016 Stillwater Log Run event permit, a formal appeal request must be filed with the Stillwater City Clerk by Tuesday, August 30, 2016 at 12:00 PM. An appeal request would be placed on the next regular City Council meeting agenda scheduled for Tuesday, September 6, 2016 at 7:00 PM at the City Council Chambers at Stillwater City Hall. Sincerely, E. Thomas McCarty City Administrator cc: Stillwater City Council Members Dave Magnuson, City Attorney Diane Ward, City Clerk 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us Date: August 16, 2016 From: Ryan Bevens, Stillwater Log Run RE: City of Stillwater Staff memo on Stillwater Log Run To: Tom McCarty Mayor and Council I feel that the best way to respond to the memo sent by City of Stillwater staff to the Mayor and Council regarding the Stillwater Log Run is go through it point by point. Our clarifications, comments, etc. are carried below each staff point. DATE: August 12, 2016 TO: Mayor and Council FROM: Tom McCarty, City Administrator SUBJECT: 2016 Stillwater Log Run Event The annual Stillwater Log Run event application is attached and is proposed to be held on September 17, 2016. The applicant is requesting the same route as 2015 with the race finish ending at the south Lowell Park flag pole. The applicant is expecting 700-1000 participants. My response: The above information is correct. We are pleased to report that: Runners from 13 states, thus far, have entered the race. Runners have reported to us that rooms are hard to find in the Stillwater area on September 16 and 17. The race certainly can't take full credit for filling all the rooms in the area but I think it is fair to say that our race has helped put "heads in beds". All "Volunteer for a Donation" positions at the race have been filled by local non-profit organizations. In return for their staffing support at the race these local non-profit organizations will each receive a donation from the race. The applicant is requesting the closure of Sam Bloomer Way and Nelson Street from the entrance to Parking Lot #2 east to the St. Croix River, as well as 12 parking space in Lot #2 for extra space in that area for participants to obtain food and to recover. My response: The above information is correct. The requested 2016 finish line area adds the use of 12 parking spaces in the southern most part of lot #2. The additional area requested would enlarge the finish line recovery area. The City provides police services and posting of "No Parking" signs. The event organizers provide barricades and extra port a potties. This event also requires approval from MnDOT, Township, Washington County and Minnesota DNR. Background Information from 2016 Stillwater Log Run Application: The event organizer did not include tents in the 2016 layout. In 2015, no tents were included in the layout, but showed up during the event. My response: Our 2016 finish line area layout does not include tents. The race has no tents ordered and will not erect and tenting at the finish line. We have no sponsors that will be present at the finish line the year. The approved 2015 finish line area layout did not include any tents. The tent (not tents) at the finish line last year was put up by a race sponsor, State Farm, who arrived after 8 a.m., did not check in with finish line staff and simply put the tent up. The race accepted responsibility for the tent at the finish line. The city billed the race several hundred dollars for having an unauthorized tent at the finish line. The race paid the fee. The event organizer is requesting 12 parking spaces in Lot #2 and closure of Nelson Street from the Lot #2 entrance east to Sam Bloomer Way from 5-11 AM on race day. Last year the Parking Commission denied use of Lot #2 and closure of Nelson Street. Closure would require Stillwater Trolley to move their vehicles. In 2015 the Commission only allowed two parking spaces on Nelson Street. My response: The requested use of twelve parking spaces in parking lot #2 (North boundary - the sidewalk north of the bathroom building...South boundary - Nelson Street) and the closure of Nelson Street from the south entrance of parking lot #2 to the river provides more space for the finish line area. The primary contact for the event is listed as Ryan Bevins. Mr. Bevins did not sign the application this year - it is signed by Stacy Einck instead. She has stated that she is working with Mr.Bevins on this event and to contact her for questions. My response: Your permit application form asks for a signature from either the primary contact person or an authorized agent. Stacy Einck, has authority to sign on behalf of the race. Staff Recommendation City staff recommends denial of the 2016 Stillwater Log Run event based upon the following past history with this event organizer/applicant: In 2015, the City received requests to modify the parameters of the Stillwater Log Run event less than 24 hours in advance of the actual event commencement. Those requests were denied. My response: My question - how does asking for a modification of the 2015 race finish line area parameters affect the 2016 race permit application? The memo requesting the finish line area modification for the 2015 race was dated September 17 (the race was September 19). The request was made after a spike in entries in the last two days of online registration (online registration for last years race closed at 11:59 p.m. on September 16) and was made based on finish line congestion concerns. The city denied our request and we stayed within the parameters of the approved application. (With the exception of the State Farm tent). In 2015, requests for use of Parking Lot #2 and closure of Nelson Street were denied by the Parking Commission based upon potential impacts to other businesses. My response: Perhaps we were mistaken - we assumed that the denial of the use of parking lot#2 and the requested closure of Nelson Street in 2015 covered 2015 only and would be reviewed again in 2016. Please clarify. We searched for the 2015 Parking Commission meeting minutes on the City website where the request was reviewed and denied but couldn't locate them. Can you provide us a copy of that meetings minute in 2015 for our files? We also assumed that our 2016 application with a finish line change would result in being invited to the Parking Commission meeting to present and discuss the change. We were not notified of any Parking Commission meeting where our application would be reviewed in either 2015 or 2016. Management of past run events by this organizer has been an ongoing concern. At the 2016 Stillwater Half Marathon organized by this applicant, Mr. Bevins was not at the event and did not attend the pre -event briefing; therefore staff didn't know who was in charge of the event. My comments: This is a difficult paragraph to address. The races have all been flawlessly executed and have all received "Five Star" ratings from our runner/guests. We have never received any negative feedback from the City on the operation of any of our races. To suddenly be put in the category as "an ongoing concern" without any prior record of negative feedback makes us question the motive behind the statement. Because of the possibility of business conflicts preempting my race attendance I have not held a formal race day operations position for three years. All race day operations have been handled perfectly by race staff with me having final authority. Due to my business conflicts I haven't been able to attend several races in the last few years, this years Half Marathon being one of them. There have never been any problems. If the referenced "pre -event" briefing was the meeting that was open to the public and where any citizens could ask questions about traffic flow, race timetables and voice any concerns about these areas Pastor Jon Neitzel, our course marshal coordinator, covered that meeting because he was most familiar with these areas and would have the answers to any questions. No citizen ever attended. Besides that meeting we have no record of any "pre -event" briefing. As to not knowing who was in charge of the race. There are multiple names and phone numbers on our permit application. There has never been an incoming call to any of those numbers from anyone at the City inquiring about anybody on our staff. Washington County has indicated they will not provide services for this event in 2016 - State Troopers will need to be hired instead. My comment: The Minnesota State Patrol has been excellent to work with! Public Safety has ongoing concerns over race management and lack of detailed health safety planning strategies and recommends denial of the permit. My comment: I believe that I have already addressed the "ongoing concern" statement. We dispute the statement that our Safety Plan lacked detail. We provided a very detailed Safety Plan to the City for the Half Marathon as part of our permit application. Any additions that Public Safety wanted to make to the Safety Plan were made. If Public Safety wanted more detail in the plan all they had to do was ask. They didn't. In addition, it should be noted, that our Public Safety plan was incorporated in our request for insurance from USA Track & Field. They reviewed it as part of their underwriting process and issued the race a $2,000,000 insurance policy without making any changes to the Safety Plan. NEXT STEPS: If City Council agrees with the staff recommendation to deny the 2016 Stillwater Log Run event request, Council will need to adopt a motion to deny the event request. If City Council wishes to approve the 2016 Stillwater Log Run event, Council should adopt a motion to approve the event with appropriate conditions and any special directions to staff regarding the event. My comment/request: Please approve the Stillwater Log Run's 2016 application incorporating the 2015 finish line parameters with the specific condition that the race can present a modified finish line plan for the 2016 race for review and approval by Council by August 31. Sti 1 iwater Administration DATE: August 12, 2016 TO: Mayor and Council FROM: Tom McCarty, City Administrator SUBJECT: 2016 Stillwater Log Run Event The annual Stillwater Log Run event application is attached and is proposed to be held on September 17, 2016. The applicant is requesting the same route as 2015 with the race finish ending at the south Lowell Park flag pole. The applicant is expecting 700-1000 participants. The applicant is requesting the closure of Sam Bloomer Way and Nelson Street from the entrance to Parking Lot #2 east to the St. Croix River, as well as 12 parking space in Lot #2 for extra space in that area for participants to obtain food and to recover. The City provides police services and posting of "No Parking" signs. The event organizers provide barricades and extra portapotties. This event also requires approval from MnDOT, Township, Washington County and Minnesota DNR. Background Information from 2016 Stillwater Log Run Application: • The event organizer did not include tents in the 2016 layout. In 2015, no tents were included in the layout, but showed up during the event. • The event organizer is requesting 12 parking spaces in Lot #2 and closure of Nelson Street from the Lot #2 entrance east to Sam Bloomer Way from 5-11 AM on race day. Last year the Parking Commission denied use of Lot #2 and closure of Nelson Street. Closure would require Stillwater Trolley to move their vehicles. In 2015 the Commission only allowed two parking spaces on Nelson Street • The primary contact for the event is listed as Ryan Bevins. Mr. Bevins did not sign the application this year - it is signed by Stacy Einck instead. She has stated that she is working with Mr. Bevins on this event and to contact her for questions. Staff Recommendation City staff recommends denial of the 2016 Stillwater Log Run event based upon the following past history with this event organizer/applicant: • In 2015, the City received requests to modify the parameters of the Stillwater Log Run event less than 24 hours in advance of the actual event commencement. Those requests were denied. • In 2015, requests for use of Parking Lot #2 and closure of Nelson Street were denied by the Parking Commission based upon potential impacts to other businesses. • Management of past run events by this organizer has been an ongoing concern. At the 2016 Stillwater Half Marathon organized by this applicant, Mr. Bevins was not at the event and did not attend the pre -event briefing; therefore staff didn't know who was in charge of the event. • Washington County has indicated they will not provide services for this event in 2016 - State Troopers will need to be hired instead. • Public Safety has ongoing concerns over race management and lack of detailed health safety planning strategies and recommends denial of the permit. NEXT STEPS: If City Council agrees with the staff recommendation to deny the 2016 Stillwater Log Run event request, Council will need to adopt a motion to deny the event request. If City Council wishes to approve the 2016 Stillwater Log Run event, Council should adopt a motion to approve the event with appropriate conditions and any special directions to staff regarding the event. If Council votes to deny 2016 Stillwater Log Run event request, the applicant may appeal the Council decision at its next regular meeting on September 6, 2016. 'Vater EVENTS PERMIT APPLICATION 216 North 4th Street, Stillwater, MN 550 THE mmarNFLOLL OF MINNESOTA Telephone: 651-430-8837 Fax: 651 -430 - Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: July 11, 2016 RECEIVED Office Use Only JUL 1 5 2016 Date AppUcati • n Recety Type: Even N� the�ei Event information Title/Name of Event Stillwater Log Run (10 Mile, 5K and Free Kids Run) 2016 0530 0800 Event Date/Time: Set up: Date September 17, Time to Actual Event: Date September 17, 2016 Time 0800 to 1100 September 17, 2016 0800 1130 Clean up: Date Time to (Events after 10:00 p.m. require a variance from Clty Council) Location (Address) of Event: (If In Lowell Park please specify north or south Lowell park) See course map. Race finish line is on Sam Bloomer Way in Lowell Park South. Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) A 10 Mile and 5K race on USATF certified courses along with a free Kids Run. 10 Mile start is at Square Lake...5K start is at Boomsite Park on State 95...Kids Run start is in north Lowell Park. All races finish at the flagpole on Sam Bloomer Way in south Lowell Park. The race has established a "Volunteer for Donation" program that benefits local non-profit organizations that help staff the race. Male and Female age group awards in ten year increments for both races. Race is working closely with the CVB to direct runners and guests to local hotels, motels and restaurants. In 2015 runners and guests from 11 different states participated. Estimated Attendance (participants and spectators): 700 - 1000 runners and 500 spectators. Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Run Stillwater, Inc. Mailing Address: P. 0. Box 21 City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Ryan Bevens Phone Number: Fax: Cell Phone: 651-235-0244 Email Address: bevens.ryan@gmail.com Website Address: www.stillwaterlogrun.com Name of contact person during event: Ryan Bevens - Ben Schmitt Cell Phone: 651-235-0244/612-750-8288 Alternate contact during event: Pastor Jon Neitzel Cell Phone: 651-210-7353 Refer media or citizens inquires to: Ben Schmitt Phone: 612-750-8288 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features One -Sponsor banner - 12 feet x 30 Will any signs/banners be put up No 111Yes ► ' Number and size: orches Will there be any inflatables? No :4 Yes • Insurance certlflcatefrom rental vendor lsrequired Fees for electricity may Will there be entertainment? No :1 Yes • What type: apply see Instructions 0815 - 1100 Will sound amplification be used? No • Yes 1.1 Hours and Type: Will a stage or tent(s) be set up? No _i Yes • Dimensions: Will there be temporary fencing? No _4 Yes • How many Fees for electricity may Will merchandise/food items be sold? No ® Yes • vendors expected: apply see instructions Will food be prepared on site? No ® Yes ■ Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No ED Yes ❑ Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No IMI Yes • See Alcohol Regulations In the Instructions Will alcohol be sold? No F4 Yes • See Alcohol Regulations In the instructions Will there be a fireworks display? No F:l Yes • Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. None - P. A. announcer provides small generator to power is sound system. Describe level of advertisement (le, radio, flyers, ads, tv, press release). Attach sample if available Display ads in local runnning publications; email blasts to previous participants; press releases to local newspapers; electronic ads on running association website. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No 0 Yes ZI Start/End Time: 0600 - 1030 Date: 9/17/16 City Sidewalks or Trails No • Yes IXI Start/End Time: 0810 - 1030 Date:9/17/16 Public Parking Lots or Spaces No • Yes /:4 Start/End Time: 0600 - 1030 Date: 6/17/16 Fees may apply Will event need barricade(s)? No _1 Yes • Number needed: see Instructions Fees may apply Will extra picnic tables be needed? No rI Yes • Number needed: see Instructions Fees may s Will portable restrooms be needed? No III Yes .4 Number needed: Event will provide see lnstructiontlons Fees may apply Will extra trash receptacles be needed? No 0 Yes i':. Number needed: Event will provide SEE Instructions Describe trash removal and cleanup plan during and after event: Race staff will ensure that trash receptacles are positioned at the finish area so runners can dispose of any trash...they will also empty trash receptacles during the race ensuring that there is never a sitiation where receptacles are full and will walk the finish line area and course itself picking up any liter left by the runners. Will event need traffic control? No • Yes 1 Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: Race will provide 15 course marshals coordinated by Pastor Jon Neitzel to assist public safety officers along the course. Fees may apply see Instructions Will "No Parking Signs" be needed? No ■ Yes ,:1 Number needed: 25 - see map map mop Will event need security? No 'ii Yes • ifevent Isovernight, security will be required, ff using private secruity, list Security Company and Contact Information: N/A Will event need EMS services? No 0 Yes ►:i Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: Ambulance at the finish line with trained personal present. First aid at aid stations. First aid on bikes patroling the course. Describe the emergency action plan if severe weather should arise: Races will be either delayed or canceled in the event of electrical storms. Shuttle buses will be held after shuttling runners to their respective race starts for use in the event of inclement weather if any inclement weather is possible. If needed they will be sent out onto the course to pick up runners. List any other pertinent information: As mentioned the race is working closely with the CVB to maximize the positive impact of our runners/guests on the community. The course and finish line areas will be completely cleaned and vacated by the race before 1100. The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, 1 certify that the information provide is true to the best of my knowledge and agree to pay the permit fee for this event based upon the inforrnata I provided it pplicarion. I realize my submittal of this application request constitutes a contract between myself and the City of S i ater and release of Liability. ttire of j`pp cartt or lfuthorized Agent egOrdillOt Date 7/1—Sh it2 Pre -Race Information for Participants LI 24 Muluwry SI stairs Legend City Parking Lot City Parking Ramp - Tour bus parking 1.11 Tour bus loading/unloading • Free parking dab • Pay parking Free parking after office hours • Parking ONLY for co-op customers i® Public restrooms Numbers In circles = hour limits for free parking lots Chestnut Sl stairs s d-� Armory Bus loading Packet Pickup *Finish Line •,� No Parking Buses Only on Water St. from Mulberry to Myrtle 5/23 0600-0805 a.m. Legend .Ald stetson: Gatorade, water i portable realroome ED Mlle Mark Dellwood Rd Hwy d4 Hwy 12 Mile 2 ■ Water Station Arcola it Ari s State Xt�Y Stillwater Mulberry & ar MIN 4 Water Station Leat deem Bloomer Way !R Gm* &roe Mee 8 Water Station Course Control and Route Information/1 StW z St W t St W Coning East Side Q Coning North Side Brown's Creek State Trail Alder St W Atdes St • y Hazel St E Heze\ St `N n z z rn L W Poplar St Poplar St E 14, Alder St E Aides °. d J z Willow St f w N •fA N Z Z ‘ Ridge Ln� Course Control and Route Information/2 5 CI Coning East Side ® Coning North Side n z w a Schon, St W z rn St Croix Ave E Stillwater Ave N n N z Wilkins St E cn Leto' St E o, a S. 0 z Minnesota Pioneer Park ChettY StE St* Course Control and Route Information/3 Coning East Side la Coning North Side 000 SI V cheov SSE Minnesota Pioneer Park Course Control and Route Information/4 M�1hec .24 24 ,A,. Line Course Control: * Police/Marshals Marshals tic;ak A'=e ® Coning East Side © Coning North Side RConing/ 'A No Parking Course route Road Closed 1�0 le_stt Armory kte-c' _ seks°- Finish Area Detail i * Finish Line Course Route Course Control: Police/Marshals Marshals ▪ Coning East Side Q Coning North Side No Parking Road Closed Reserve 12 parking spaces in this area 5-11 a.m. Sept. 17 4 Rough Draft Resident & Business Letter To: Potentially affected residents and businesses From: Stillwater Log Run '16 The Stillwater Log Run, a 10 Mile and 5K run, will take place on Saturday morning September 17, 2016. Runners will enter downtown Stillwater from the north on State Highway 95, running inside cones on the east side of the street. They will then turn east (toward the river) on Mulberry Street (running inside traffic cones on the north side of the Mulberry Street) then turn south on Water Street (running inside traffic cones on the east side of the street). At the intersection of Water Street and Myrtle Street runners will turn east (toward the river) and then turn south on Sam Bloomer Way (inside Lowell Park) where the race(s) will finish at the flagpole. From 8:00 a.m. to approximately 10:30 a.m. Myrtle Street, from Water Street to Sam Bloomer Way; Sam Bloomer Way and Nelson Street from the river to the entrance to the Lowell Park - South parking lot, will be closed in order to ensure the safety of the runners. For further information please contact info@runstillwater.com MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: August 31, 2016 Subject: Lighting Maintenance Agreement for Lift Bridge Conversion Project DISCUSSION: As part of the Lift Bridge Conversion Project, Minnesota Department of Transportation (MNDOT) will be installing a lighting system on the concourse that matches the original lighting from when the bridge was built. Along with the installation, MNDOT will be responsible for the maintenance of the system, including poles, lamping and the service lines. MNDOT is requesting that the City be responsible to pay for the lighting of this system. The lights would all be LED, ten on the concourse and two underneath the concourse on Sam Bloomer Way. The City will also have the ability to adjust these lights during events, where lighting could be a factor. RECOMMENDATION Staff has reviewed the Cooperative Agreement and recommends approval. ACTION REQUIRED If Council agrees with the recommendation they should pass a resolution entitled RESOLUTION ENTERING INTO AGREEMENT NO. 1026159 WITH MINNESOTA DEPARTMENT OF TRANSPORTATION RESOLUTION ENTERING INTO AGREEMENT NO. 1026159 WITH MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Stillwater agrees to enter into MnDOT Agreement No. 1026159 with the State of Minnesota, Department of Transportation for the following purposes. To provide for electrical energy of the 12 new lights around and under the concourse on Trunk Highway 36 at Stillwater Lift Bridge No. 4654 within the corporate City limits under State Project No. 8217-4654. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA that the agreement presented to Council and on file with the office of the City Clerk is hereby approved and authorizes the Mayor and Acting City Clerk to execute said agreement. Adopted by the City Council this 6th day of September 2016. Attest: J. Thomas McCarty, Acting City Clerk Ted Kozlowski, Mayor Minnesota Department of Transportation St. Croix Crossing Project 1862 Greeley Street S. Stillwater, MN 55082 August 26, 2016 Tom McCarty, Administrator Shawn Sanders, Director of Public Works City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: Proposed Lighting Maintenance Agreement No. 1026159 with the City of Stillwater S.P. 8217-4654 (T.H. 36) — Lift Bridge Conversion Project City Signatures Requested Tom/Shawn, As you are well aware, the Lift Bridge Conversion Project is a very important mitigation item for the St. Croix Crossing Project. Following the Lift Bridge Conversion Project by MnDOT in 2017 & 2018, the concourse area will be lit once again. Transmitted herewith in duplicate is a proposed agreement with the City of Stillwater. This agreement provides for the City to be responsible for the electricity required of lighting around and under the concourse area. MnDOT has been working closely with the City's Public Works Department in drafting earlier versions of this agreement and greatly appreciates all of that guidance. Please present this agreement to the City Council for their approval and execution, including original signatures of the City Council authorized City officers on the two copies of the agreement. Also required are two original copies of a resolution passed by the City Council authorizing its officers to sign the agreement on its behalf. A suggested form of such resolution is enclosed. The executed agreements and resolutions (two originals of each) should be forwarded to me at the St. Croix Crossing Project Office as soon as possible. A copy will be returned to the City when fully executed by the State. Thank you again for your help with the many facets of the St. Croix Crossing Project. Sincerely, Todd Clarkowski, P.E. St. Croix Crossing Project Coordinator An Equal Opportunity Employer r D MnDOT Agreement No. 1026159 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF STILLWATER LIGHTING MAINTANANCE AGREEMENT State Project No. (S.P.): 8217-4654D -- Lift Bridge Conversion Project Trunk Highway Number (T.H.): 36=045 Bridge Number: 4654 Lighting System Feed Point No: City — New cabinet — NW of Concourse This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of Stillwater acting through its City Council ("City"). Recitals 1. As part of converting the Stillwater Lift Bridge to bicycle, pedestrian and boat usage, the State will install, in coordination with the City, a new Highway Lighting System ("Lighting System") on Trunk Highway No. 36 at Stillwater Lift Bridge No. 4654 and its concourse (on Minnesota Side) according to State -prepared plans, typical drawings, standard plates, specifications and special provisions ("Project"); and 2. The State will maintain the newell posts, lights, electrical service lines and switches on both the Lift Bridge and the concourse as part of the Project; and 3. The City will provide for electrical energy of the 12 new lights around and under the concourse of the Lift Bridge; and 4. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 4. Maintenance by the City; 7. Liability; Worker Compensation Claims; 9. State Audits; 10. Government Data Practices; 11. Governing Law; Jurisdiction; Venue; and 13. Force Majeure. 1.4. Typical drawings, Standard Plates, Specifications, Special Provisions. State prepared typical drawings, standard plates, specifications and special provisions are on file in the office of Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference. ("Project Plans") 1.5. Exhibit. Exhibit "A", showing the location of the new lighting system around and under the concourse for the 12 lights, is attached and incorporated into this Agreement. -1- MnDOT Agreement No. 1026159 2. Construction by the State 2.1. Lighting System Construction. The State, with its own resources and equipment or by contract, will install a new Lighting System on T.H. 36 Lift Bridge No. 4654 and its concourse according to the Project Plans: 2.2. Direction, Supervision and Inspection of Construction. The State will direct and supervise all Lighting System construction activities including final light pole locations. All Lighting System construction will be performed according to the Project Plans. 3. State Furnished Materials The State will furnish light poles, luminaires, electrical boxes and meters for the new Lighting System according to the Project Plans at no cost or expense to the City. 4. Maintenance by the City Electrical energy responsibilities will be as follows for the Lighting System on Trunk Highway No. 36 Lift Bridge No. 4654 and its concourse for the 12 lights as shown in Exhibit "A". 4.1. Lighting System Power. The City will pay all monthly electrical services necessary to operate the 12 lights shown in Exhibit A 4.2. Light Level Modifications. If the City desires any adjustments to light levels on the 12 lights around and under the concourse, the City will contact MnDOT and request any lighting level changes. 4.3. Right of Way Access. The State authorizes the City to enter upon State right of way to perform the activities described in this Agreement. 5. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 5.1. The State's Authorized Representative will be: Name/Title: Address: Telephone: E -Mail: Maryanne Kelly-Sonnek (or successor) 395 John Ireland Blvd., St Paul, MN 55155 651-366-4634 Maryanne.KellySonnek@state.mn.us 5.2. The City's Authorized Representative will be: Name/Title: Address: Telephone: E -Mail: J. Thomas McCarty, City of Stillwater Administrator 216 North Fourth Street, Stillwater, MN 55082 651-430-8801 JMcCarty@ci.stillwater.mn. us (or successor) 6. Assignment; Amendments; Waiver; Contract Complete 6.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 6.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. -2- MnDOT Agreement No. 1026159 6.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 6.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 7. Liability; Worker Compensation Claims 7.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern Liability of the City. 7.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 8. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 9. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 10. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 11. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey City, Minnesota. 12. Termination; Suspension 12.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 12.2. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities and performance of work authorized through this Agreement. 13. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -3- MnDOT Agreement No. 1026159 CITY OF STILLWATER DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully Recommended for Approval: executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: By: Date: (District Traffic Engineer) Title: Approved: Date: By: (District Engineer) By: Date: Title: Date: COMMISSIONER OF ADMINISTRATION -4- By: Date: (With delegated authority) S:\KC\M\MNTBR\128154\5-final-dsgn\51-const-dwgs-CAC\35-Elec\Updated ElectrIcal\BR4654_Elec Plans.dan 11:19:16 AM 0 N D SERVICE DISCONNECT R68 EXISTING 3" NEW 3-1/C "1/0 W/GND SOP 120/240V 1 -PHASE & 277/480V 3-PHASE'. R69 R67 R66 - R205A BL R205J R205 REMOVE EXISTING LIGHTING SERVICE CABINET FROM XCEL POWER POLE R2058 ORNAMENTAL LIGHTING NOTE 1(TYP1 --NEW LIGHTING SERVICE CABINET TYPE SPECIAL NOTE 4 (TYP) R70 R 70 R205C 7/„,- R205D L-A Al CONNECT TO EXISTING CONDUIT ' EXISTING EMBEDDED J-80 EXISTING EMBEDDED J -BOX CONNECT TO EXISTING CONGUIT NOTE 5 R205E (NOTE 2) R43A R205H GROUNDL INE -/ NOTE 5 L -AAI R205F NOTE 2 REROUTE R43 PHONE REROUTE EXIST. R70 R70B NOTE 3 R43A NOTE 3 PLAN R2050 NOTE 2 EXISTING EMBEDDED J -BOX NOTE EXISTING CONDUITS B -B NOTE 3- 1 B EXPANSION COUPLINGS CERTIFIED BY 6/6/2016 LICENSED PROFESSIONAL ENGINEER OATE NAME: THOMAS D. HONER LIC. NO. 45519 EXHIBIT "A" MnDOT Agr.#1026159 NOTES: 1. ROD AND CLEAN CONDUIT IN CONCRETE LIGHT POLE FOUNDATION. PROVIDE NEW METALLIC CONDUIT BUSHINGS. GRIND EXISTING ANCHOR BOLTS FLUSH WITH TOP OF FOUNDATIONS. PROVIDE NEW EPDXIED GALVANIZED ANCHOR BOLTS. 2. EXIST CONDUIT EMBEDDED IN PIER,R00 AND CLEAN CONDUIT FOR NEW CONDUCTORS. 3. THE THREE ABANDONED CONDUITS SHALL BE CUT OFF FLUSH AT EACH PIER 0R ABUTMENT. NEW CONDUITS FOR POWER, LIGHTING AND PHONE/INTERNET SHALL BE ROUTED THROUGH THESE ABANDONED RACEWAYS OR NEW HOLES CORE DRILLED THROUGH THE PIER OR ABUTMENT. 4. PROVIDE NEW HANDHOLES IN CONCOURSE SIDEWALK. 5. INSTALL NEW JUNCTION BOX OVER EXISTING EMBEDDED J -BOX. SPANS 1 AND 2 TITLE: ELECTRICAL & LIGHTING PLAN CONCOURSE & SPANS 1 & 2 DES: TOH CHK: TOH LOCATION KEY DR: JRR CHK: TDH APPROVED: SHEET NO. E3 OF E70 SHEETS BRIDGE NO. 4654 Stt11wr THE BIRTHPLACE OF MINNESOIA CITY COUNCIL FYI MEETING DATE: September 6, 2016 REGARDING: Heritage Preservation Commission Scholarship Acceptance PREPARED BY: Abbi Jo Wittman, City Planner The Heritage Preservation Commission has been granted $551 to help offset the costs associated with sending four Commissioners (Hadrits, Johnson, Krakowski, and Mino) as well as two staff (Turnblad and Wittman) to the annual Statewide Conference on Historic Preservation in Hastings on September 8-9. On behalf of the City Council, City Administrator McCarty has accepted the scholarship funds. With this assistance, the anticipated costs to the City will be less than $100. 5: A Planning\ Council \ 2016 \ HPC Scholarship FYLdocx Washington County BOARD AGENDA SEPTEMBER 6, 2016 - 9:00 A.M. Board of Commissioners Fran Miron, Chair, District 1 Gary Kriesel, 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 responsibilityorfunction of Washington CountyGovernment, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before thenzeelingbeginsandgive 1110 the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, stateyour name and city ofresidence, and present your comments. Your comments must be addressed exclusively to the Board Chair and thefull 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& presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's Responsibilities. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Works — Frank Ticknor, Design Engineer and Wayne Sandberg, County Engineer A. Approval of Work Orders #3, #6 and #7 to Contract 9010 with Valley Paving Inc. for Work on the County State Aid Highway (CSAH) 13 and CSAH 20 Roundabout Construction Project B. Approval of the Union Pacific Railroad Company's Public Highway At -Grade Crossing Improvement Agreement C. Approval of Contract with Dresel Contracting Inc. in the Amount of $72,000 to Crush and Blend Recycled Road Maintenance Material D. Approval of Contract with Global Specialty Contractors, Inc. for Signage and Benches Along the Hardwood Creek Regional Trail in the Amount of $244,792.50 E. Approval of Permanent Use of Fund Balance in an Amount Not to Exceed $193,500 from the Parks Operations Fund 211 for the Hardwood Creek Regional Trail 5. 9:45 General Administration — Molly O'Rourke, County Administrator 6. 9:55 Commissioner Reports — Comments — Questions This period of lime shall beused by the Commissioners to report to thefull Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 10:10 Executive (Closed Session) with the Office of Administration — Sharon Price, Land Acquisition Manager Review Counteroffer on a Potential Purchase of a Property in the City of Grant through the County Land and Water Legacy Program 9. 10:25 Adjourn 10. 10:30-11:50 2017 Proposed Budget Workshops - Property Records and Taxpayer Services — Jennifer Wagenius, Director - Public Works, Capital Funds, and Regional Railroad Authority — Don Theisen, Director 11. 11:55-12:15 Board Workshop with the Office of Administration Review Outstanding Issues, Concerns, and Opportunities Related to the Proposed 2017 Washington County Budget Assistive listening devices are available Mr use in the County Board Room u ,..,.. ,.,..,ri ,,ttjrh ,.rn ,r,.,, e.. ,soaneray.,r rn.,g,.w*., r,,..ra,r ,!nave .-.,a /0411 .nn_OtMm EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * SEPTEMBER 6, 2016 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of August 16, 2016 County Board Meeting Minutes. Public Works Sheriffs Office B. Approval of reappointment of Craig Leiser, Grant, to the Brown's Creek Watershed District Board of Managers to a three-year term expiring October 21, 2019. C. Approval of appointment of Chris Eng, to the economic development representative position of the Workforce Development Board to a first term expiring June 30, 2019. D. Approval to set a public hearing for September 27, 2016 regarding the modification of the enabling resolution of the Washington County Community Development Agency. E. Approval of resolution recognizing the 100t1i anniversary of the Houle Feed Mill. F. Approval of a lease agreement with Scott and Moira Schomburg for the county -owned house located at 15330 Afton Hills Court South, Afton. G. Approval of a resolution accepting fundraiser proceeds for the Washington County Sheriffs Office Explorers Program. H. Approval of a resolution authorizing the Washington County Sheriff's Office to accept a grant in the amount of $10,000 from the Metropolitan Regional Arts Council for a creative writing program for female offenders. I. Approval of a resolution authorizing the Washington County Sheriff's Office to accept a donation of Automatic External Defibrillator (AED) pads and batteries from Mark Altmann. 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 II wlai a,..wt aceiPan.va w,n Fn a tenth he nr lua.ri...vua hnniar aynnvn , n10 ta{11 .Ein RAVI, EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Washington tY BOARD AGENDA Et= Tir Ioard of Commissioners Fran Miron, Chair, District 1 Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Weik, District 5 August 23, 2016 — 9:00 A.M. 1. 9:00 Washington County Regional Railroad Authority Convenes A. Roll Call B. Pledge of Allegiance C. Approval of Regional Railroad Authority Meeting Minutes from April 19, 2016 D. Approval of Contract with CliftonLarsonAllen, LLP to Provide Audit Services for Gateway Corridor for the Years Ending December 31, 2016, December 31, 2017 and December 31, 2018 E. Adjourn 2. 9:10 Washington County Board of Commissioners Convenes Roll Call 3. 9:10 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility orfunction of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to conte to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and thefull Board of Commissioners, Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than, five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or ifit is not relevant to an issue that is part of Washington County's Responsibilities. 4. 9:20 Consent Calendar — Roll Call Vote 5. 9:20 Community Services — Robert Crawford, Workforce Center Division Manager Approval of Joint Powers Agreement between the Washington. County Community Services Workforce Center (WFC) and the Minnesota State Colleges and Universities, on Behalf of Century College 6. 9:25 Public Works — Joe Welter, Project Manager A. Approval of Change Order #12 to Contract 9492 with Donlar Construction Company for Work on the North Shop Renovation Project in the Amount of $5,989.50 B. Approval of Change Order #9 to Contract 9495 with Red Cedar Steel Erectors, Inc., for Work on the North Shop Renovation Project in the Amount of $2,258 C. Approval of Change Order #4 to Contract 9597 with Ebert, Inc. for Work on the North Shop Renovation Project in the Amount of $7,299.53 D. Approval of Change Order #2 to Contract 9500 with Kendall Doors & Hardware, Inc., for Work on the North Shop Renovation Project as a Credit in the Amount of $2,036.79 E. Approval of Change Order #1 to Contract 9664 with Network Design, Inc., for Work on the North Shop Renovation Project in the Amount of $11,436 7. 9:35 General Administration — Molly O'Rourke, County Administrator 8. 9:45 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, retake comments on matters of interest and information, or raise questions to the staff. This action is 001 intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 9. Board Correspondence 10. 10:00 Adjourn 11. 10:00-11:30 2017 Proposed Budget Workshops - Community Services — Dan Papin, Director - Public Health and Environment — Lowell Johnson, Director - Library and Law Library — Keith Ryskoski, Director 12. 11:35-12:00 Board Workshop with Public Works Updates on Counties Transit Improvement Board Assistive listening devices are available for use in the County Board Room 11 ue++e nnM nes.cl.n-n w,n 1n ,lieWUW , nr raewenno hmilnu .+L.nen e,..r line 1 a'ff 411115 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * AUGUST 23, 2016 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Accounting & Finance Library Public Works ITEM A. Approval of August 9, 2016 County Board Meeting Minutes. B. Approval of contract with CliftonLarsonAllen, LLP to provide audit services for Washington County for the years ending December 31, 2016, December 31, 2017, and December 31, 2018. C. Approval to modify the current Purchasing Cards Policy #2503, Investment and Guidelines Policy #2301, and Reimbursement Allowance for Personal Communication Devices and Service Contracts Policy #2008. D. Approval of the use of Professional Analytics, Implementation & Marketing Services to advance the libraries' strategic plan and one time use of Library fund balance in the amount of approximately $56,770 for contract with CIVICTechnologies. E. Approval of resolution of support for inclusion of the Hardwood Creek Trail as part of the proposed US Bike Route #41 Corridor. F. Adopt resolution to enter into Minnesota Department of Transportation Agreement No. 1025850 for the County State Aid Highway (CSAH) 22 (Summit Avenue/70th Street South) at Trunk Highway (TH) 61 traffic signal improvement project. G. Approval of budget amendment in the amount of $166,976 in Minnesota Department of Transportation funding for the CSAH 22 (Summit Avenue/70th Street South) at TH 61 traffic signal improvement project. H. Approval of cooperative maintenance agreement for the roundabout currently under construction by the City of Cottage Grove at the intersection of CSAH 22 (70th Street South) and Jamaica Avenue South. 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 ..nr. nn....r .. 9ei.Me aeu Innoru.7n Jusetkar Nnnrn soft 111 ST I All) 0I100 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER