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HomeMy WebLinkAbout2016-09-20 CC Packet1\la t ec 114E O IRTMPLA CE OF MINNESOTA NO CHANGE TO AGENDA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North September 20, 2016 SPECIAL MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Presentation and review of design development proposals for Police Department Remodel and City Hall improvements - Wold Architects and Engineers REGULAR MEETING 7:00 P.M. IV. CALL TO ORDER V. ROLL CALL VI. PLEDGE OF ALLEGIANCE VII. APPROVAL OF MINUTES 2. Possible approval of September 6, 2016 regular and recessed meeting minutes VIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 3. Presentation of Hockey Day Minnesota Special Event (contract approval at a future date) IX. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. X. STAFF REPORTS 4. Police Chief 5. Fire Chief 6. City Clerk 7. Community Development Dir. 8. Public Works Dir. - Bridge Section Update 9. Finance Director 10. City Attorney 11. City Administrator XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 12. Resolution 2016-174, directing payment of bills 13. Resolution 2016-175, approval of Harvest Fest Special Event, contract and temporary liquor license 14. Resolution 2016-176, approval of Curve Crest signal installation cooperative agreement with Washington County 15. Resolution 2016-177, adoption of assessment for Water Department 16. Resolution 2016-178, resolution accepting of cash donations 17. Possible Purchase Salt Brine Equipment 18. Possible Purchase Bobcat 590 Skid steer XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 19. This is the date and time for a public hearing to consider whether the Special Use Permit (SUP/04-02) for the operation of an Auto Repair Facility located at 804 Laurel Street W, as well as a Special Use Permit for the operation of a paint booth issued on September 6, 1997 be revoked. Legally described as Geocode 28.030.20.23.0049, Lots 20 & 21, Block 3, Sabin's Addition. Notices were mailed to affected property owners and published in the St. Paul Pioneer Press. AVAILABLE TUESDAY XIII. UNFINISHED BUSINESS 20. Possible approval of findings of fact relating to 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. Case No. 2016-27. (Resolution - Roll Call) 21. Possible approval of 2016 Ice Castles Special Event and Contract (Resolution - Roll Call) XIV. NEW BUSINESS 22. Possible adoption of resolutions declaring costs to be assessed and ordering preparation of assessment roll and calling for hearing for 2016 Street Improvement Project (Project 2016-02)(2 resolutions - Roll Call) 23. Request for a demolition permit for 209 Wilkins Street E (Resolution - Roll Call) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS 24. Beyond the Yellow Ribbon update XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT C---) Xcel Energy PARTNERS IN ENERGY An Xcel Energy Community Collaboration How can we support your outreach? Xcel Energy offers a portfolio of programs and services to augment your energy initiatives. Partners in Energy tailors support where you need it, which could include these examples. .w�.Rl\,•�:.. ?I' ,'44;,,'��se.,,,L�J% ru%1�..?,,4x.�.j:�.: %y:�a��",..,.. .,x?,F,/� is .... , . Micro-grants Help identify possible sources of Community administered program (ability to award funding ' funding to develop a pool List of possible sources of micro grants within the community to ■ Work with team to identify potential support projects) program structure = • Support with completing grant applications s ■ Support defining project parameters ; Grants i and financial modeling > • Large community project funded all or in (large capital award to I ■ Assistance with identifying potential ? part through third party pursue an investment in j funding sources and technical h. List of possible funding resources to pursue the community) 1 assistance with completing I as capital intensive projects are identified applications • Support with developing systems to coordinate volunteers • Assistance with identifying where 1 • Geographic identification of where 1:1 People and resources ` resources would have the greatest I contact would be most effective to help deliver I impact i • Establishing a web portal for volunteer programs • Support developing promotional 1 sign-ups materials. 1 • Training for volunteers 1 • Help you identify volunteers or prepare them to serve ■ Support with designing post cards, • Collateral development based on your door hangers, posters, emails or A tactical objectives s I other collateral : • Emails with educational materials on • Assistance with identifying the best ' possible rebates or energy efficiency Marketing materials 1 target market for a program or measures offering • Educational poster development to educate • Translation services for collateral for I employees and customers non-English speaking audiences A • Ongoing column or blog leveraging existing • Newsletter content development community outlets i i _. ... :. .. 5. ,.-»,^: .....,«. »„,:... w,,...«n. _.. �» .....,,,a... »...,..e»ma:-, ,z,,,.,.,..-,;w,.:«,. ....,,..:.;,.,....,.:,m:u..«,..,.W.:.dF.,...... .ov.,. • Templates and content ideas for press releases or articles , • Press releases Media relations I • Support developing a targeted I • Articles for local media outreach plan xcelenergy,comiPartr€ersir r rrgy DK,,col En gnr,. Partners in Energy Support TacticPos.siblerabies i roartrletts irk Eriertry Support • Information on energy use and program participation for • Analysis of neighborhoods to identify Community neighborhoods or communities(within opportunities data/activityconstraints of data privacy rules) • Activity updates to support tracking program ■ Combine Xcel Energy information participation (tracking progress to goal) tracking with other community data to get a • Recognition programs for residents or more robust profile businesses who participate • Recognition tools for participants ■ A seminar or training for community • Develop,communication collateral members,trade or government employees • Identify expert resources • A website to help inform or provide user • Assist with developing training support Education curriculum • Trainings for community leaders on outreach • Provide information on associated topics utility programs ■ Presentation and materials at local business • Assist with developing a presentation association meetings to promote the community's plan • Assist with designing and developing ■ A community trade fair to promote invitations,agendas or other collateral weatherization, renewables, community resources,etc. • Identify steps of an action plan to Events •■ Open house to inform community members support a community's event about the Energy Action Plan and solicit • Assist with developing a communication plan to build input and implementation support • Event fliers, posters and signage awareness of the event • Support developing web content ■ Suggest potential organizations, • Community website management that programs or Web links that provide provides a portal to the Energy Action Plan expertise in focus areas and/or"how-to"steps to implement improvements • Case studies highlighting success • Collateral that provides non-biased stories with results associated with Resource centerinformation on energy efficiency or an Energy Action Plan renewable projects • Data visualization with energy-related data mapping to represent • Bilingual information on how to participate community in energy-related programs use • Free small business energy efficiency • Provide list of possible financing options for large capital options advisors • Facilitating quarterly meetings for the • Support with scheduling and implementation leaders to review plans and Ongoing program coordinating team meetings progress updates communication • Social media support—Tweets, • Facebook posts giving energy tips, updates Facebook,etc. on progress to goal, recognition and event announcements. Xcel Energy* ERSq XoelEner Cnm�unityCollaborateen ,; `t rY a,c ti r CFmfl"artrier ri Cher y Uwater 71 -IE 8 IHPLACE OF MINNESOTA DATE: September 19, 2016 TO: Mayor & Councilmembers SUBJECT: Police Department/City Hall remodel project FROM: Bill Turnblad INTRODUCTION The design and construction management teams of Wold and Wenck have been working together with city staff for a number of months to design Police Department and City Hall improvements. City staff formed three design review committees for this project. One composed of Police Department employees, one of City Hall employees, and one of management staff. Construction drawings for the project have now been completed. And, Wold will present the design to City Council at the September 20, 2016 work session. BUDGET & COST ESTIMATES The City Council approved approximately $1.1 million dollars with the 2016 budget for Phase I of the project. And, has given preliminary approval of approximately $1.2 million for Phase II of the project with the 2017 budget. Total budget for the project is therefore $2.3 million. The three design review committees have carefully considered the project design, costs and phasing. And while all agree with Phase 1 and 2 improvements, the committees also believe there are a few additional critical improvements necessary with this project. These items all come from the 2016 Capital Outlay Schedule approved by the Council in 2015. With these additional items, the estimated project cost would be $2,515,100. This estimate includes the Phase 1 and 2 improvements identified in the attachment, but also: • Add NW awning to City Hall • Remodel City Hall service counter on the main level • Re -cable City Hall • Add exterior surveillance cameras • Add panic buttons at Council dais and service counters • Add card access door control to City Hall internal doors Deferred work would be: • Remodel basement • Replace roof over former Fire Station • Remodel City Hall service counter on upper level Though $2,515,100 is over the $2.3 million budget envisioned by City Council, it would be within the fund balance available for the project. In addition to the funds that were approved in various department budgets for portions of City Hall improvements, the bond sale garnered a premium because of the sale environment. The premium covers the $215,100 estimated construction cost increase, plus leaves a reserve. REQUESTED COUNCIL ACTION Staff requests the Council to consider the presentation to be given by Wold, and either: 1) Authorize staff to proceed with bidding for Phase 1 and Phase 2 ($2.3 million project); or 2) Authorize staff to proceed with bidding for all but the basement remodel, replacement of the former Fire Station roof, and upper level service counter remodel ($2,515,100 project); or 3) Table action for more information. STAFF RECOMMENDATION Staff recommends the second option. When bids are received and tabulated, staff would bring the apparent low bid(s) back to you for your approval and authorization to begin construction. bt Attachment: Wold presentation RESOLUTION 2016-174 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 $692,448.77 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 20th day of September, 2016. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2016-174 Page 1 LIST OF BILLS Accela Inc Ace Hardware AIR Corval Constructors Ammonia House Ancom Communication Inc. Armor Security Inc. Arrow Hockey and Sport BCA Training & Auditing Braun Intertec Corporation Briscoe Deborah Bryan Rock Products Inc. Buberl Black Dirt Inc. Campion Barrow & Associates Carquest Auto Parts CDW Government Inc. Century Link Coca-Cola Distribution Comcast County Materials Corporation Dalco Diamond Vogel Paints ECM Publishers Emergency Medical Products Enterprise FM Trust Ess Brothers & Sons Inc. Fastenal Company FleetPride Fury Stillwater G & K Services Galls LLC Goodyear Commercial Tire Gopher State One Call Inc. Government Finance Officers Asso Granicus Inc Greater Stillwater Chamber of Commerce High Impact Training Co Hisdahl Inc Hoisington Koegler Group Inc Holiday Companies Iceman Industries Inc. IdentiSys Images of the Past iSpace Furniture J.H. Larson Company Keeprs Inc Kirvida Fire Inc. L.T.G.Power Monthly UB web payments Supplies Equipment repair Drier core and heater Antenna Quarterly Monitoring Service Concession supplies Crime Analysis Applications Training Police/City Hall Remodel Field software cert course Riprap Black dirt Fire services Equipment repair supplies Equipment Telephone Beverages for concessions Internet, TV & Voice Storm sewer repair supplies Concession supplies Paint Publications Medical supplies Lease vehicles Storm sewer repair supplies Equipment repair supplies Equipment repair supplies Vehicle repair Mats & Uniforms Taser holder Tires Locates Membership Qtrly web streaming service Renewal Staff development program Cast bronze plaque Funding ED Vehicle washes Apex liquid dust control Maint. agreement Scanning charge & giclee print Quickstand base Equipment repair supplies Uniform supplies Vehicle service Equipment repair supplies 438.85 260.14 6,903.06 239.92 112.50 84.00 180.49 725.00 4,985.00 275.00 157.56 56.00 415.00 105.03 345.96 314.68 986.88 368.54 2,882.96 42.66 234.60 334.80 87.90 4,225.43 2,338.00 217.07 164.82 1,188.35 1,343.12 159.96 767.42 459.00 190.00 1,086.00 710.00 4,500.00 2,021.00 2,558.46 20.00 2,050.00 611.00 542.70 700.00 76.26 99.99 325.41 161.70 EXHIBIT "A" TO RESOLUTION #2016-174 Page 2 League of MN Cities Lennar of Minnesota Lifetrack Loffler Companies Madden Galanter Hansen LLP Mansfield Oil Company Menards Metropolitan Council Miller Excavating Minnesota Mayors Association Mississippi Welders Supply Co. MN Dept of Labor and Industry MN State Fire Chiefs Assn MP Nexlevel LLC Office Depot OnSite Sanitation O'Reilly Auto Parts Pereboom Jesse Pioneer Press Primary Products Co. Riedel) Shoes Inc. Rose City Sign Company Schwaab Inc. SiteOne Landscape Supply St. Croix Boat and Packet Co. Stillwater Motor Company Stillwater Turf & Power LLC Streichers SW/WC Service Cooperatives T.A. Schifsky and Sons Telemetry and Process Controls Toll Gas and Welding Supply Trans Union LLC Tri -County Law Enforcement Assoc USPCA Region 18 Valley Trophy Inc. Verizon Wireless Viking Auto Sprinkler Co. Voyant Communications Washington County Recorder Wenck Construction White Bear Tire & Auto Inc. Wholesale Fitness Wittman Abbi Jo Wold Architects and Engineers WSB & Associates Inc. Wulfing David Membership Grading Escrow Refund Estate planning seminar Network computer support Labor relations services Fuel Supplies Monthly SAC 2016 Street Improvement Project Membership Cylinders Boiler license fee Conference Locating Office supplies Portable restroom rental Equipment repair supplies Reimburse for mileage Patrol officer vacancy Nitrile gloves Skates Repaired lamps Stillwater stamp Lowell park supplies Arena Billing Vehicle service Equipment repair supplies Uniforms & supplies COBRA & Retiree Health Insurance Asphalt Service call Aiple LS radio Cylinders Information Charges 2016 Annual dues Narcotics certification trials Name plate Police Mobile Broadband Annual sprinkler inspection Phone Recording fees Police/City Remodel Tires Exercise equipment & repair Reimburse for mileage to conference Police/City Hall Remodel Professional services Reimburse for expenses 16, 731.00 4,500.00 400.00 310.00 69.50 7,829.19 445.36 132,911.05 283,158.37 30.00 46.50 40.00 300.00 6,536.41 469.21 806.00 41.84 34.99 876.50 99.16 417.46 2,938.50 62.25 75.77 36,282.42 58.48 22.95 658.96 62,677.53 2,377.58 415.00 44.14 67.76 75.00 70.00 12.00 612.26 1,080.00 529.18 240.00 6,468.75 567.60 845.00 51.84 30,875.21 2,375.00 749.19 EXHIBIT "A" TO RESOLUTION #2016-174 Page 3 LIBRARY Ace Hardware Baker and Taylor Brodart Co Culligan of Stillwater G & K Services Infogroup Midwest Tape MN Dept of Labor and Industry SHI International Corp ADDENDUM Lakeview Hospital Loffler Magnuson Law Firm Performance Plus Streichers Valley Trophy Xcel Energy Adopted by the City Council this 20th Day of September, 2016 Janitorial Supplies Materials Materials Water Towels & Rugs Materials Materials Boiler License MS Office and Windows Licenses Legal blood draw Computer support and copier lease Professional Service Drug screening Uniform Name plates Energy 75.29 1,016.38 510.35 14.55 82.54 620.00 341.75 10.00 4,269.00 50.00 1,367.50 11,889.33 300.00 585.99 32.00 17,946.96 TOTAL 692,448.77 SSItIMIIMINIMreet'o■I p:r,.1. Pac irJug co., lac. 11419 Yellowpine Street N.W. • Minneapolis, MN 55448-3158 Phone: 763=755-7677.1-800-426-3643 Fax: 763-755-6184 • www_spiralmfg.com Sold To: Stillwater Collision 804 Laurel Street West Stillwater, MN 55082 Customer Fax Quote Date Quote # 9/20/2016 33825 Ship To: Stillwater Collision 804 Laurel Street West Stillwater, MN 55082 Entered by Rep Terms Customer Phone Customer E-mail Your reference # Joe JOM gijoe@spiralmfg.com Product Code Product Description Qty Unit Weight Unit Cost Total 30 30 Spiral Pipe 22Ga. 26 12.38 17.05 443.30 306 30 Mild Steel Flange Installed 6 19.5 6737 404.22 34FLS 34 Roof Flashing w/ 30" grn.n, r,.no, Tn f► z" fl.„ pipe through 1 42 114 14 114 1 30SB 30 Sky Blast Exhaust Stack 1 84.35 31727 317.2i 306 30 Mild Steel Flange Installed 1 19.5 6737 67.37 Total Weight All Shipments FOB Minneapolis, Freight Collect Unless Otherwise Stated. All Shipping Cost Estimated. Please Check Measurements Carefully! Applicable sales tax and freight may not be included in this QUOTE TOTAL $1,468.92 Special items are made on slime Once accepted for prothre , they cannot be cancc nor can they be ret Customer Signatu Untitled (930).pdf Page 1 of 1 Word Online, Save to OneDrive Print p Find El Download Manufacturing Co., Inc. 11419 Yellowpioe Street Coon Ra pWs, Minnesota 55448 www.spiralmfg.com Business: 763-755-7677 Outstate MN: 1-800-426-3643 Fax: 763-755-6184 TO: FROM: SUBJECT: DATE.: MANUFACTURERS OF COMMERCIAL AND I A'DUSTRIAL VENTILATION; AIR CONDITIONING AND PNEUMATIC CONVEYING DISTRIBUTION SYSTEMS PAGE I O; REEP 1?APRO'Vk ripFic 7Qr}`Z. https://word-view.officeapps.live.com/wv/wordviewerframe.aspx?PdfMode=1 &ui=en-US... 9/20/2016 About Spiral Mfg - Spiral pipe, Fittings, and Custom Fabrications Page 1 of 2 fV 0 G+ in Horne Downloads Terms & Conditions About Spiral Manufacturing Company News Spiral Blog Contact Spiral ffirmW1 Search .. HIGH PRESSURE GALVANIZED PIPE LOW PRESSURE GALVANIZED PIPE PVS UNDERGOUND PIPE Q hgiAY+M o Cttnlap High Pressure Products > Material Transfer & Loading About Spiral Manufacturing Thank you for your Interest in Spiral Manufacturing Co., Inc. Spiral pipe combines the economies of light gauge metal with a spiral lockseam construction that assures maximum strength and rigidity. As a result of its superior structural strength, the ductwork requires fewer joints and hangers. Four plys of metal form a continuous interlocked reinforcing rib on the outside which permits making long lengths of pipe in various diameters from strip stock of specified gauge. Developed for use on high velocity, high pressure air conditioning systems, Spiral pipe has gained wide acceptance for all types of high or medium pressure, above and below ground distribution systems, such as ventilation, dust removal, grain handling, carbon monoxide exhaust and dual wall pipe for sound and thermal insulation. These are only a few of its diversified applications. Spiral pipe is available in other materials on special order, such as vinyl -coated steel, brass, copper, aluminum and stainless steel. Spiral galvanized pipe is carefully engineered and built, to meet or exceed all SMACNA standards (Sheet Metal And Contractors National Association), We at Spiral Manufacturing Co., Inc. feel there is no job, be it large or small, that we can't provide you the best quality and service available. Our commitment to you is the future of this company. Thank you for your business and the opportunity to serve your needs. "Serving You Since 1962" http://www.spiralmfg.com/about-spiral/ 9/20/2016 About Spiral Mfg - Spiral pipe, Fittings, and Custom Fabrications Page 1 of 2 ftor 0 G+ in Home Downloads Terms & Conditions About Spiral Manufacturing. Company News Spiral Blog Contact Spiral Search ... HIGH PRESSURE GALVANIZED PIPE LOW PRESSURE GALVANIZED PIPE PVS UNDERGOUND PIPE 4 ROVrw]} Cala.ou High Pressure Products > Material Transfer & Loading About Spiral Manufacturing Thank you for your Interest in Spiral Manufacturing Co., Inc. Spiral pipe combines the economies of light gauge metal with a spiral lockseam construction that assures maximum strength and rigidity. As a result of its superior structural strength, the ductwork requires fewer joints and hangers. Four plys of metal form a continuous interlocked reinforcing rib on the outside which permits making long lengths of pipe in various diameters from strip stock of specified gauge. Developed for use on high velocity, high pressure air conditioning systems, Spiral pipe has gained wide acceptance for all types of high or medium pressure, above and below ground distribution systems, such as ventilation, dust removal, grain handling, carbon monoxide exhaust and dual wall pipe for sound and thermal insulation. These are only a few of its diversified applications. Spiral pipe is available in other materials on special order, such as vinyl -coated steel, brass, copper, aluminum and stainless steel. Spiral galvanized pipe is carefully engineered and built, to meet or exceed all SMACNA standards (Sheet Metal And Contractors National Association). We at Spiral Manufacturing Co., Inc. feel there is no job, be it large or small, that we can't provide you the best quality and service available. Our commitment to you is the future of this company. Thank you for your business and the opportunity to serve your needs. "Serving You Since 1962M http://www.spiralmfg.com/about-spiral/ 9/20/2016 Ilwater T H E BIRTHPLACE O F MINNESOTA DATE: September 20, 2016 TO: Mayor & Councilmembers SUBJECT: Possible revocation of Special Use Permits for Stillwater Collision FROM: Bill Turnblad INTRODUCTION Stillwater Collision has been given notice that the City Council will meet on September 20, 2016 to consider revocation of the Special Use Permits issued for their business to operate at 804 West Laurel Street. The reason for the notice is that numerous complaints have been received alleging that the business is not operating according to the conditions attached to their Special Use Permits. APPLICABLE SPECIAL USE PERMITS Two Special Use Permits have been issued for the business location. 1. September 6, 1977 a. Special Use Permit issued for a spray booth and storage addition to the existing building. b. No conditions were attached to the Special use Permit, however the spray booth is the subject of numerous nuisance complaints from the surrounding neighborhood. 2. May 10, 2004 a. Special Use Permit issued for auto repair use next to residential zone district. Conditions of the Special Use Permit are: i. Cars and other personal property shall be removed and maintained in a clear condition from the Owen Street right-of-way and McKusick Road as shown in Figure 1 (attached). ii. The applicant shall build a solid wood 8 foot fence as shown in [Figure 2] (attached). iii. All trash, debris, wrecked cars, car parts shall be stored behind the fenced - in area to the west of the building. No stacking of material higher than fence. iv. The trash enclosure shall be stored behind the fence or screened by an enclosure from public view. v. A tall dense evergreen hedge shall be planted along the west property line as approved by the Community Development Director. [Figure 2] vi. All vehicles that are kept on-site for sale shall be in an operable condition and stored in a neat row (4 cars maximum) in the single designated area. vii. No vehicles, trailer or other material shall be stored along the north side of the building unless fenced with a solid wood fence. b. As of 5:00 PM on September 19, 2016 none of the seven conditions are met. Each conditions is addressed here. i. Vehicles are present in the required clear area. ii. No solid wood fence has been installed. 1. Staff has reviewed several service agreements with Northland Fence & Repair for various materials and heights. To meet the condition of the SUP the fence must be solid wood and be 8 feet tall. The location of the proposed fence is shown in Figure 2. iii. No solid wood fence has been installed. iv. No solid wood fence has been installed. v. The hedge has not been planted. Though, a plan has been submitted and approved for a double row of arborvitae as shown in Figure 2. vi. It is not apparent where a neat row of up to 4 cars for sale may be located. vii. No solid wood fence has been installed. ALTERNATIVES After considering the matter, the City Council has several alternatives, including: 1) Conceptually revoke one or both Special Use Permits. Staff would then memorialize findings of fact and bring them back for formal adoption at the next Council meeting. 2) Table the matter until October 18, 2016 to allow more time for the business to meet the seven Special Use Permit conditions. 3) Table the matter for additional information. bt Attachment: Figure 1 Figure 2 Letter to Stillwater Collision from City Letter from Stillwater Collision to City Letters from neighbors Figure 1 Clear area in red cross -hatch MI -- Fence & Landscaping 1"=20' Location of fence NI Mil Iii Nil MI Ilii id im OE fi, • O'. 1 ate 1 II I . 1 11' 11111111 111 ' I _ III I I 111)1 r q OP..1 = 4piff I 1I 1 11 .. 1 F I 1 -a '"� 1 1 1 III 11 I III I 1 II I 1 11 10 arborvitae . THE BIRTHPLACE OF MINNESOTA August 9, 2016 Stillwater Collision DELIVERED IN 804 Laurel Street W PERSON VIA POLICE Stillwater, MN 55082 DEPARTMENT You are hereby given notice that the City Council of the City of Stillwater will meet in the Council Chambers of Stillwater City Hall, 216 4th Street N on Tuesday, September 20, 2016 at 7:00 p.m., or as soon as possible after 7:00 p.m., to consider revocation of your Special Use Permit (SUP) to operate your Auto Repair Facility, (SUP 2004-02). Your business appears not to be in compliance with numerous conditions of the SUP, including those listed below, and are apparent grounds for revocation of the SUP: 1. Cars and other personal property shall be removed and maintained in a clear condition from the Owen Street right of way and McKusick Road as shown on Figure 1 (attached). 2. The applicant shall build a solid wood 8 foot fence as shown on application site plan. 3. All trash, debris, wrecked cars, car parts shall be stored behind the fenced in area to the west of the building. No stacking of material higher than fence. 4. The trash enclosure shall be stored behind the fence or screened by an enclosure from public view. 5. A tall dense evergreen hedge shall be planted along the west property line as approved by the Community Development Director. 6. All vehicles that are kept on-site for sale shall be in an operable condition and stored in a neat row (4 cars maximum) in the single designated area. 7. No vehicles, trailers or other material shall be stored along the north side of the building unless fenced with a solid wood fence. In addition, you are hereby given notice that you must show cause as to why the City Council should not revoke the Special Use Permit for the operation of your paint booth, SUP issued on September 6, 1977, on the grounds that the paint booth is not compliant with health regulations, Minnesota PCA regulations and has become a public nuisance. At the hearing the City Council will consider the reports generated by City Staff, records from City files, from neighbors who feel aggrieved by the alleged permit violations, and such evidence as may be offered by the property owner. Written evidence may be submitted to the City in advance of the hearing or at the hearing. Signed on behalf of the City Council this 9th day of August, 2016 /4 Thomas McCarty, City Ad n iistrator CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 • WEBSITE: www.ci.stillwater.mn.us Office of the County Recorder MobIngton County, MN CHOW ekd sets pari. au 2004106108 10:00:00 AN 3445013 IgtfroffeIt4 • cOpy State of Minnesota City of Stillwater City of Stillwater Planning Commission Proceedings In the Matter of Planning Case No. SUP/04-32 Owner: Suzanne Schlichting/Tom Grove 804 Laurel St W Stillwater MN 55082 Property Address: 804 Laurel St W The above entitled matter came to be heard before the Planning Commission on the 10th of May 2004, on a request for a special use permit pursuant to the City Code for the following described property: Order Granting a Special Use Permit GEO Code: 28-030-20-23-0049 Legal Description Sect/Awl/Range PLAT 11080 SABIN'S ADD LOT/BLOCK 020 003 LOTS 20&21 003 SABIN'S ADD 31tD WARD Purpose: A spedal use permit for auto repair use next to residential zone district Upon motion made and duly approved by the requisite majority of the Planning Commission, it Is ordered that a spedal use permit be granted with the following conditions of approval: 1. Cars and other personal property shall be removed and maintained In a dear condltlon from the Owen Street right of way and McKusick Road as shown on Figure 1. 2. The applicant shall build a solid wood 8 foot fence as shown on application site plan. 3. All trash, debris, wrecked cars, car parts shall be stored behind the fenced in area to the west of the building, No stacking of material higher than fence. 4. The bash enclosure shall be stored behind the fence or screened by an enclosure from public view. 5. A tall dense evergreen hedge shall be planted along the west property line as approved by the Community Development Director. 6. Ail vehicles that are kept on-site for sale shalt be in an operable oondltion and stored In a neat row (4 cars maximum) in single designated area. 7. No vehicles, trailers or other material shall be stored along the north side of the building unless fenced with a solid wood fence. Dated this 26th day of May, 2004. This variance is granted imminent to the zoning ordinance and is not a substitute for a building permit. A building permit is issued by the city building official sner approval of the plans and payment of the building permit fee and state surcharge. This variance will be null and void if the project that is permitted by this variance is not completed within two years from the date the permit is granted. toV:W n434..504 LPN FIRM 4 ENGINEERING ND.MS , . ,••••, tI 90 September 6, 1977 The Mayor closed the hearing. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council granted the garage variance to Brian McKean at 911 West Hickory Street in accordance with his alternate proposal. (all in favor) 2. This was the day and time set for a public hearing on Case No. 287 for the Gold Medallion Corporation for an addition to the Maple Manor Nursing Home, North Owen Street. Notice of the hearing was published :n the Stillwater Evening Gazette, the official newspaper of the City and copies were mailed to all property owners whtin 300 feet. The Mayor opened the hearing. MR. GARRY BRESSLER, architect for the Gold Medallion Corporation, was in attendance and had the complete set of plans for the proposed addition with him. No one appeared opposed to the request. The Mayor closed the hearing. On motion of Councilnan Peterson, seconded by Councilman Mahoney, the Council followed the recommendation of the Planning Commission and approved the proposed addition to the Maple Manor Nursing Home. (all in favor) 3. This was the day and time set for the public hearing on Case No. 289 for a garage variance for Dennis Galowitz, 1020 South Fifth Street. Notice of the hearing was published in the Stillwater Evening Gazette, the officials newspaper of the City on August 26, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. GALOWITZ was in attendance at the hearing and no one appeared in favor or opposed to this request. The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilman Powell, the Council followed the recommendation of the Planning Commission and granted the garage variance to Dennis Galowitz at 1020 South Fifth Street. (all in favor) 4. This was the day and time set for the public hearing on Case No. 290 for a Special Use Permit for James Gannon, 804 West Laurel Street for a spray booth and storage addition to the existing building. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on August 26, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. GANNON was in attendance at the hearing but no one appeared in favor or opposed to this request. The Mayor closed the hearing. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council followed the recommendation of the Planning Commission and granted the Special Use Permit to James Gannon, 804 West Laurel Street for a point spray booth and storage addition to his existing building. (all in favor) 5. This was the day and time set for the public hearing on the proposed improvements for the Kern property on Highway 212 - Local Improvement No. 129-1. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City, on August 26, 1977 and September 2, 1977 and copies were mailed to all benefited property owners. The Mayor opened the hearing. DUANE ELLIOTT explained the proposed project which will be an add -alternate to the improvements for the Hooley property. It will consist of water and a 44 foot nine ton axle street for a length of 1,200 feet and the proposed cost is estimated to be $96,190. • • • August 12' 2016 City of Stillwater Attn: J. Thomas McCarty Attn: Abbi Wittman RECEIVED 13Y: This letter is in response to the document we received on August 9'2016. Below are the responses to items 1-7. 1. Completed August 9th, 2016. Area has been cleared out. Area has been clearly marked with white industrial paint and diagonal lines marked as a no parking zone. 2. We started the process of a fence back in the fall of 2016. Back in 2004, the city was to put in curbs to the drive area so that the waste management companies could empty our trash. These did not go in until the end of October, 2015. We were unable to get the fence put in due to the timing of the year and the fence company's schedule. We did have a quote from them in October of 2015. We have been cleaning up and around the building from last fall on. We contacted the fence company in early spring of 2016. It was determined it would be best for us to get rid of a few of the larger items and rearrange as much as possible prior to putting the fence in. This would help with installation of the hedge and the fence. The fence company came out again on June 28, 2016. At that time we were going to move a few more things, get the final design and quote and schedule the installation. The installation has been scheduled for September 8, 2016 (documents attached). 3. This will be completed with the installation of the fence on September 8, 2016. 4. This will be completed with the installation of the fence on September 8, 2016. 5. Now that we have cleaned out the area so we can mow and install the hedges, this will begin on Friday, August 19th. We will be installing Green Giant Arborvitae's (see attached). These will grow to be 30'-50' feet tall. Planting instructions are 10'-15' feet apart. We will go with 10' feet apart. The area that needs to have a hedge is 40' feet long. Taking into consideration the planting instructions, we will plant 5 Arborvitae's. This will be completed by August 28th, 2016. 6. Not an issue. 7. This will be completed with the installation of the fence. Additional information. Along with the work being done on the exterior part of the building, we have also been doing an interior review of the building. We have discovered the original ventilation and duct work that was in place before Mr. Gannon added the extra room upstairs. We are working with a ventilation company and will be re-routing the venting of the paint booth. We plan on having all the above items completed in advance of the September 20th, 2016 City Council meeting. If you have any questions, or would like additional information, please feel free to contact me at 651-271-2666. Regards, Stillwater Collision & Mechanical Cc: Thomas Grove — Stillwater Collision & Mechanical Greg Schmidt — Greg Schmidt Law Offices Attachments: Fence Proposal Hedge information Green Giant Arborvitae Gt'e Tuya Gigante Verde plicates Green Giant' l Sun Sol Pleno 3-4.5 m aparte 3050' T x 10-15' W 9-15 m de alto Moderado x 3-4.5 m de ancho • Fast growing pyramidal habit Water Moderate • Fragrant rich green foliage ® Screening, grouping, specimen PLANTING INSTRUCTIONS 1. Dig a hole twice as wide and only as deep as the rootball. 2. Make a planting mix with native soil and organic soil conditioner. 3. Set top of rootball even with ground level, fill with planting mix and tamp. 4. Form water basin. Water thoroughly using a mixture of water and root stimulator. loot. 5. Apply a thick layer 3" of organic mulch around the p MENARDS MD21302 viockM, a do ? 1 Am21,. oc.. 3rV),•.Lh q yeas olc1 Thks' v -These- pa,n-1- A) 5me U ls Can gd- --i-i r,r we ); ice ..,xc..t,nipje...\Tk;s srer WhenfYy bab S4+0Th wC4s °Lief Qe_ Wo, .(d, b{o..i u- 4 -"he, Fte),1 an,, p IcL J erl s con _- wou1i cs-fyzj- - olo S 'ie(( 5o►me- t19- an '►-E- \Jou.IA, v - S-fr'on9 er` c(-1) et 5+ung of Soon i 4- \Alsoakd- be a. cct.I ) 4-o \e F01;Gem Calet, N- \„ro(A.(d © c)r) a 04 Cd ( day- Joii y.., J4- v1 as V1 e i rs+-1 A n ., i cc yo,s_ cund - _A • • /1 Ia help -haf Livid t be acro z ; nl e Wha,-(- ; c yon k, ds or lc,.d Lad 40 smei/ J Se 1; -PP hU,r1-,nu A r-Y)es viockM, a do ? 1 Am21,. oc.. 3rV),•.Lh q yeas olc1 Thks' Bill Turnblad From: Diane Ward Sent: Thursday, September 15, 2016 10:42 AM To: Abbi Wittman Subject: FW: Special Use Permits / Geocode 28.030.20.23.0049, Lots 20 & 21, Block 3, Sabin's Addition From: Maria and Bruce Beaupre [mailto:mariafogartybeaupre@gmail.com] Sent: Wednesday, September 14, 2016 5:51 PM To: Diane Ward <dward@ci.stillwater.mn.us> Cc: Smit1088@gmail.com Subject: Special Use Permits / Geocode 28.030.20.23.0049, Lots 20 & 21, Block 3, Sabin's Addition In regard to the Auto Repair Facility, located at 804 Laurel St. W. and refusal to meet ALL Safety Guidelines ... We live at 704 N. Owens St. There have been numerous occasions through the years, that we have been forced to go inside and shut our windows, due to foul smells of paint coming from the Auto Repair Business on Laurel St. We have had to end or change our plans for family gatherings, grand children play dates, and afternoon entertaining with friends. Although we want a peaceful neighborhood, we must insist due to general health reasons/ irritations, and our right to enjoy being outside on nice days with family and friends; The Auto business must comply 100% with all city, state, and safety regulations regarding their business activities, or be shut down. We stand in full agreement with the rest of our neighbors. Bruce and Maria Beaupre i Bill Turnblad From: Diane Ward Sent: Thursday, September 15, 2016 10:41 AM To: Abbi Wittman Subject: FW: Stillwater Collision From: Maria Bjorkman [mailto:maria.bjorkman@yahoo.com] Sent: Wednesday, September 14, 2016 7:58 PM To: Diane Ward <dward@ci.stillwater.mn.us> Subject: Stillwater Collision Hi, My name is Maria and my husband Gary. We have 2 children 1 and 3. We have lived here on Maple Street for 8 years and just in the last few years have we noticed how bad the fumes have been from Stillwater Collision. I am an avid walker with my children and when we walk up the hill on Owens there have been times that the fumes have been so bad it was all I could do to get up the hill and inside our house as fast as I could with breathing as little as possible. This is absolutely crazy and ridiculous because not only does it affect us able to be outside or have our windows open on a regular basis but what about people who drive by with their windows down or who are like me and want to be healthy, get out for a walk and then have to smell the fumes of paint. When I am home with my children it would be nice to be able to enjoy the outside with them on a regular basis. Thank you, Maria Bjorkman 651-707-2865 Bill Turnblad From: Kristin Hall <kalgone@hotmail.com> Sent: Friday, September 16, 2016 2:02 PM To: Bill Turnblad Cc: Matt Hall Subject: Written comment pertaining to 804 Laurel St W - Stillwater Collision, Good Afternoon - Please consider these written comments with regard to the auto repair facility located at 804 Laurel St W. as we are unable to attend the September 20th City Council Meeting in person. Written Comment: One of the main reasons we love this neighborhood is because of the diverse use. We live in what used to be a power generation station for the old trolley line and have 3 commercial properties as neighbors. We also live on a very busy street and have a busy recreation trail behind us, and although both present challenges at times, we embrace all parts of what makes our neighborhood unique and interesting. Stillwater Collision has been a good neighbor to us since we moved into our home in 2010, but we also acknowledge there is a bit of a buffer between us as we're separated by McKusick Rd. and a parking lot/"park". We are sympathetic to the concerns of other neighbors and would have issue if Stillwater Collision is not adhering to the conditions previously laid out regarding compliance with modern day emissions standards pertaining to their business operations. This is the first time this issue has been brought to our attention and we would like this hearing to serve as an opportunity for all parties to voice their concerns with the hopes that compromises can be reached that maintain both the health and safety of our homes as well as the diversity and uniqueness of our neighborhood. Furthermore, we don't believe that Stillwater Collision has any ill intent, if they are out of compliance on nuisance type matters, they will make good on their commitment to be a good neighbor. Sincerely, Matt and Kristin Hall - 518 Owens St N. 1 Bill Turnblad From: Tom McCarty Sent: Monday, August 08, 2016 8:03 AM To: Bill Turnblad; Abbi Wittman; Dave Magnuson; Diane Ward Subject: FW: Stillwater Collision Folks, More information/complaints for the file. Tom McCarty From: Kane, Cheryl [mailto:Cheryl.Kane@AndersenCorp.com] Sent: Thursday, August 04, 2016 5:46 PM To: Ted Kozlowski<tkozlowski@ci.stillwater.mn.us>; Tom McCarty <tmccarty@ci.stillwater.mn.us>; Tom Weidner <tweidner@ci.stillwater.mn.us>; David Junker <djunker@ci.stillwater.mn.us> Cc: cherylakane@comcast.net Subject: Stillwater Collision Dear Respected Leaders, My name is Cheryl Kane and I have owned my home at 618 North Owens St., Stillwater since July of 1998. I beg you to help me stop the toxic VOCs from being dumped into my back yard. When Jim Gannon owned the property next door, I never experienced a thick paint cloud in my back yard. There were on occasion paint fumes, but nothing as it is today. Since Stillwater Collision took over the business from Gannon's I regularly (several times a month) see visible paint clouds in my back yard. The frequency of paint fumes has grown exponentially (several times a week, almost daily). Earlier last week I made the mistake of leaving my windows open when I left to run an errand. I returned home to find my home full of the paint smell. I have developed a paint sensitivity, and the fumes trigger migraines for me now. Every year the person hired for yard work has had to leave at least once, citing paint fumes making the job dangerous because he had become sick & dizzy. When I had the siding replaced in 2007, the workers had to get down off the ladders for the same safety reasons, dizzy. In addition, they were concerned about the paint clouds damaging my new siding. I cannot count the times I have had to move social gatherings inside due to paint. If statements from others would be helpful, I will start to gather them. I have had body work done on my car at other Stillwater locations, and I do not smell paint outside the buildings. Ironically, they are in industrial areas too where the paint would not directly impact families. Please help. Kind Regards, Cheryl Kane 618 Owens St. N 1 Bill Turnblad From: Diane Ward Sent: Thursday, September 15, 2016 10:41 AM To: Abbi Wittman Subject: FW: Stillwater Collision's Special Use Permit From: priscilla Shannon [mailto:priscillas612@gmail.com] Sent: Wednesday, September 14, 2016 10:36 PM To: Diane Ward <dward@ci.stillwater.mn.us> Cc: Ryan Smith <smit1088@gmail.com> Subject: Stillwater Collision's Special Use Permit Dear Mayor and Council members, As I sit down to write this email to address Stillwater Collisions paint booth pollution and ordinance issues I have to get up and close my screen door. This is not the first time I have had to close-up my home because of toxic paint fumes, nor will it be the last without help from this council. My family lives at 815 Maple St W, we have for 15 years. Our backyard abuts Stillwater Collision property and also their paint booth exhaust filter. My family and neighbor's have had to live with toxic plumes of VOC's that are emitted every time they paint, which is almost daily and can last well past 8pm. Over the past few years the VOC'S emmitted have gotten to the point that my families life has been perminatly disrupted and the use of our property has diminished. On an almost daily basis, multilple times a day, I am forced to take my three children inside, close-up my home, shut our windows and be held captive inside our home until the VOC'S have diminished. It has disrupted our lives to the point where we can longer use our property, yard, back deck, eat outside, have a vegetable garden, entertain friends, have my children play on their swingset; and that is just the back yard. The fumes are so noxious that they swirl into the front yard as well, where my children are now forced to play, and we need to go inside. My daughter's asthma, my son's learning disability and my four week old baby girls health is being deteriorated every time they are exposed to the VOC'S in our neighborhood. Our neighbors deal with all this as well. This is what I want. I want my family to have their life back . I want them to be able to play in their yard, play outside, explore, play with their dog, dig in the dirt, laugh with their friends, have a meal outside, see our neighbors . Not run inside daily,coughing from fumes emitted by an industrial paint booth located in a residential neighborhood . I ask that this council revoke the special use permit for Stillwater Collisions paint booth. Please enforce the ordinances that the city has and let my family and neighbor's have their lives and the use of their property back. Sincerely, Priscilla Shannon 815 Maple StW Priscillas612@gmail.com 1 Bill Turnblad From: Diane Ward Sent: Thursday, September 15, 2016 10:40 AM To: Abbi Wittman Subject: FW: Public Comment for SUP 04-32 & 290 (1977) Attachments: Backyard.pdf; City Code of Concern.pdf; clear area.pdf }IA} o l „IV o ""CE--# From: Ryan Smith [mailto:smit1088@gmail.com] Sent: Thursday, September 15, 2016 7:35 AM To: Diane Ward <dward@ci.stillwater.mn.us> Subject: Public Comment for SUP 04-32 & 290 (1977) Attached are my comments and attachments for the City Council regarding the special use permit hearing for the business know as Stillwater Collision located at 804 Laurel Street West. Honorable Mayor and Council, Currently I live in a community where I have to send my children inside and close all my windows because the air in my neighborhood is not safe to be in. Would you have ever thought you could describe a neighborhood in Stillwater to be like this? Is this the residential neighborhood expectation of the community of Stillwater? Stillwater Collision's painting operation is a nuisance to the public. A "nuisance" is an activity that, in one way or another, affects the right of an individual to enjoy the use of a specified property. Their operation emits Volatile Organic Compounds (VOCs) fumes and paint particles so potent that it makes your eyes hurt in the public streets over a hundred feet from their property. A public nuisance is also a condition that is dangerous generally to members of the public (such as a health hazard) or is in some way offensive to accepted community standards (such as offensive smells). I think we all know that while spray painting you need a well ventilated area and it is quite offensive to be subject to unwillingly. Stillwater Collision's area they vent to is my neighborhood. This affects my right to the enjoyment of my property, neighborhood and any outdoor activity. This business has done the bare minimum to be a good neighbor or steward to the environment. For years we have dealt with polluted air, a junk yard of vehicles, refrigerators, tires, drums of hazardous materials and other miscellaneous junk. Every time we as a neighborhood complain loud enough they clean up their act. For a period of time. Then it returns to business as normal. Clouds of paint dust, Volatile Organic Compounds (VOCs) fumes, haphazardly handled hazardous materials and other junk. i Now that they are being asked to come into compliance with an agreement made over 14 years ago they are again doing the minimum. They are not only doing the minimum, but deceiving themselves and the City. They recently painted out one parking spot to have the illusion of compliance with the clear area as described by figure 1 of their mediated settlement (2002), special use permit (2004) and city ordinance 31-510 & 31-515 (1999). However, what they painted is less than 10% of their required clear area. Please see the attached document of their clear area requirements for clarification. This is generous since their clear area should be greater by the city ordinance definition which is 40' from the street center line. This commercial use in a neighborhood by an important body of water that drains directly into the beautiful Saint Croix River with no storm water treatment is not the right neighborhood business. Beyond the fact that they are not a neighborly business or a small shop (they overflow their lot continuously and have to use the city park for overflow parking) they have a great potential for other damages to the community. The air pollution they cause by their paint booth exhaust, their body work outside in their open lot, painting outside in their open lot and their surface pollutants that must runoff from their property from the outdoor body work, outdoor painting, damaged vehicles, stored junk vehicles, drums of hazardous materials and collection of other junk such as refrigerators and washing machines is not only damaging to our community but the environment as a whole. All other businesses such as this are located within industrial parks that have the storm water treatment to help mediate these problems and away from any residential living. Our neighborhood's calls for help in this situation have been answered in a variety of demoralizing ways. When we have asked for help from the City, County and State we have had a gamete of responses. From the being ignored with no return phone calls or emails, delayed responses, passed on to other departments, police driving by with their windows closed as investagation, giving us the legal minimum notification of the public hearing, inviting written response with no return address information, the police walking the owner of the business to a neighbor's front door to confront them personally in their own home to the police referring us to the city's attorney for being in our own back yards. With these responses the neighborhood has become demonized that there is any help from the people that we are told are there to help us. I ask you for the health of my family and neighborhood to please revoke the special use permit for the paint booth operation at 804 Laurel Street West. I am also hopeful that you will have the current automotive operation revoked until they come into compliance with the mediated settlement, special use permit conditions and city ordinances for automotive uses adjacent to residential zones. You as the city should also look into treatment of their surface water runoff before you allow this use to persist in such a delicate location. I greatly appreciate your help to all of my family and the entire neighborhood. Sincerely, Ryan Smith and family 815 Maple Street West 2 "Unless Someone rake you cares a whore awful lot. — Pr. Russ, The Loral {3.471} we treat unk-= Ieaking- what? area erg Diane Ward From: cherylakane@comcast.net Sent: Tuesday, September 20, 2016 1:14 AM To: Diane Ward; Ted Kozlowski; Tom Weidner; David Junker; Tom McCarty Subject: Stillwater Collision City Council Meeting Attachments: IMG_2073_Moment(14)jpg; IMG_2073_Moment(10) jpg Honorable Mayor & Council: Paint Fumes are pretty regular, and they make me ill. Again on 9/16 at -6:30 I settle in to relax on my deck & a thick cloud of paint fumes is rolling on to my property from Stillwater Collision. Short video clip & photo attached. Again paint on Saturday. A reprieve on Sunday Please help us. Kind Regards, Cheryl Kane 618 Owens St. N Stillwater, MN 55082 From: Kane, Cheryl Sent: Monday, September 12, 2016 1:30 PM To: 'cherylakane@comcast.net' Subject: RE: Stillwater Collision City Council Meeting 07-19-2016 Honorable Mayor & Respected Council Members: 1 Here is an update — 9/12 - I am sitting on my deck & my eyes started to burn a few minutes ago. Now my nose & throat are burning from the very distinct smell of paint. I will have to go inside and close my windows — I hope it is not too late, as the fumes may have beat me inside. Thursday, 9/8 at approximately 5 pm I had a lawn service person stop to mow my lawn. The yard was full of visible paint cloud fumes. Eyes, nose & throat burning, we had to move to the other side of the yard. Closed windows but fumes were already inside. Migraine headache ensued. Paint fumes 3-4 times a week every week since my last report on 7/23/16. Please help me. Kind Regards, Cheryl Kane 618 Owens St. N. Stillwater, MN 55082 From: Kane, Cheryl Sent: Saturday, July 23, 2016 12:39 PM To: cherylakane@comcast.net Subject: RE: Stillwater Collision City Council Meeting 07-19-2016 tkozlowski@ci.stillwater.mn.us; tweidner@ci.stillwater.mn.us; djunker@ci.stillwater.mn.us; tmccarty@ci.stillwater.mn.us Honorable Mayor & Respected Council Members, 2 My name is Cheryl Kane and I have owned my home at 618 North Owens St., Stillwater since July of 1998. My objective is to beg you to help me stop the toxic VOCs from being dumped into my back yard. The gentleman from 216 Owens misunderstands the situation completely. When Jim Gannon owned the property, I never encountered a thick paint cloud in my back yard. There were occasional paint fumes, but nothing like the successor. Since Stillwater Collision took over the business from Gannon's I regularly (several times a month) see visible paint clouds in my back yard. The frequency of paint fumes has grown exponentially (several times a week, sometimes daily). When it started I stopped down to speak to Tony, and he indicated a filter change required saying kids were removing it from the north of the building. The problem would improve for a short time (week or two) & then return. Every year the person hired for yard work has had to leave citing paint fumes making the job dangerous because he had become sick & dizzy. When I had the siding replaced in 2007, the workers had to get down off the ladders for the same safety reasons, dizzy. In addition, they were concerned about the paint clouds damaging my new siding. Earlier this week I made the mistake of leaving my windows open when I left to run an errand. I returned home to find my home full of the paint smell. I have developed a paint sensitivity over time, the fumes trigger migraines for me. I have had body work done on my car at other Stillwater locations, and I do not smell paint outside the buildings. Oddly, they are in industrial areas too where the paint would not directly impact families. Why is this? History When I bought the property it was owned by Jim Gannon. Throughout the Gannon ownership my greatest concern was late night parties with loud drunk people on the sidewalk in front of my property leaving behind beer cans and cigarette butts in my flower beds. I encountered paint fumes on occasion, but nothing like it is today. 3 At the time of purchase our properties had a thick lilac barrier. In 2002 that barrier was chopped down. When I found Jim in the process of destroying the lilacs he said that the city was forcing him to eliminate to comply with issues from the neighbor to the west on McKusick. 4 Diane Ward From: Hannah Kane <hannah.kane@my.uwrf.edu> Sent: Tuesday, September 20, 2016 9:52 AM To: Diane Ward Cc: Kane, Cheryl Subject: Stillwater Collision To whom it may concern, I am writing regarding the city council meeting tonight and the paint fumes that have been an issue at my mother's house, 618 N. Owens St. While I lived here and as I now visit, the fumes from the garage are a constant problem. In the nicer months, from spring to fall, there have been countless days when I haven't been able to do yard work or sit outside in the yard because there is a thick smog of fumes floating through the lilac bushes. If I try to continue working outside I always return inside feeling ill from breathing the fumes. On a couple occasions when the smog has persisted long, I have gone to complain and have been appalled that they have not thought this is a bigger issue. It isn't just that the fumes are an annoyance, they are unsafe and should be properly dealt with. Thank you for your time. Hannah Kane 1 Diane Ward From: David Lunzer <delunzer@gmail.com> Sent: Monday, September 19, 2016 9:42 PM To: Diane Ward Subject: Stillwater Collision Hello, my name is David Lunzer and I am writing to you in regards about Stillwater Collision. A couple years ago I used to mow lawn for Cheryl Kane, located directly behind Stillwater Collision at 618 Owens St. I distinctively remember one day in particular! I showed up to mow Cheryl's lawn like I did every week, however this time was different. When I arrived I could smell paint fumes and at first It wasn't unbearable just unusual. About half way through mowing lawn the fumes became so strong that I literally had to put my shirt over my nose to breath! After putting my shirt over my face/nose I honestly felt very drowsy, so much so that I actually left and came back the next day to finish mowing Cheryl's lawn. I have never experienced something so disturbing I actually debated calling authorities it was that alarming to me. However I didn't, but I did call Cheryl while she was at work and told her the reason I didn't finish and explained I would finish the next day. I looked where the smell was coming from and I couldn't believe all the crap they dumb behind their store. It looks like a junk yard. 1 Diane Ward From: Leamarie Deleon <leamariedeleon@gmail.com> Sent: Monday, September 19, 2016 10:05 PM To: Diane Ward Cc: Cheryl.Kane@andersencorp.com Subject: Paint fumes Hello I am writing you on my experiences at 618 Owens St. Stillwater, MN. I have known Ms. Kane for many years and have spent time in her yards and on her deck many times since she moved in. I actually have had my daughter who was playing in the yard come inside because I was concerned she would be sick from the fumes. We can't even sit on the porch if they are painting anything next door. I know everyone have an opinion and thats why your all are here. To weed through the information to the truth. I have known Ms. Kane for a very long time and she is a layed back person so if she is making a complaint it is very bad. I have been concerned about the fumes from day one. I think she has waited believing the shop owner would be responsible. She always sees the best in people. Thank for hearing from me. Thanks, Leamarie deLeon 1 i 1 1\la t ec 114E 1 IRTMELA CE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North September 20, 2016 SPECIAL MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Presentation and review of design development proposals for Police Department Remodel and City Hall improvements - Wold Architects and Engineers REGULAR MEETING 7:00 P.M. IV. CALL TO ORDER V. ROLL CALL VI. PLEDGE OF ALLEGIANCE VII. APPROVAL OF MINUTES 2. Possible approval of September 6, 2016 regular and recessed meeting minutes VIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 3. Presentation of Hockey Day Minnesota Special Event (contract approval at a future date) IX. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. X. STAFF REPORTS 4. Police Chief 5. Fire Chief 6. City Clerk 7. Community Development Dir. 8. Public Works Dir. - Bridge Section Update 9. Finance Director 10. City Attorney 11. City Administrator XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 12. Resolution 2016-174, directing payment of bills 13. Resolution 2016-175, approval of Harvest Fest Special Event, contract and temporary liquor license 14. Resolution 2016-176, approval of Curve Crest signal installation cooperative agreement with Washington County 15. Resolution 2016-177, adoption of assessment for Water Department 16. Resolution 2016-178, resolution accepting of cash donations 17. Possible Purchase Salt Brine Equipment 18. Possible Purchase Bobcat 590 Skid steer XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 19. This is the date and time for a public hearing to consider whether the Special Use Permit (SUP/04-02) for the operation of an Auto Repair Facility located at 804 Laurel Street W, as well as a Special Use Permit for the operation of a paint booth issued on September 6, 1997 be revoked. Legally described as Geocode 28.030.20.23.0049, Lots 20 & 21, Block 3, Sabin's Addition. Notices were mailed to affected property owners and published in the St. Paul Pioneer Press. AVAILABLE TUESDAY XIII. UNFINISHED BUSINESS 20. Possible approval of findings of fact relating to 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. Case No. 2016-27. (Resolution - Roll Call) 21. Possible approval of 2016 Ice Castles Special Event and Contract (Resolution - Roll Call) XIV. NEW BUSINESS 22. Possible adoption of resolutions declaring costs to be assessed and ordering preparation of assessment roll and calling for hearing for 2016 Street Improvement Project (Project 2016-02)(2 resolutions - Roll Call) 23. Request for a demolition permit for 209 Wilkins Street E (Resolution - Roll Call) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS 24. Beyond the Yellow Ribbon update XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT vov WENCK City of Stillwater Police Remodel and City Hall Improvements September 20, 2016 w�y WENCK Phase 1 & 2: First Floor Plan E uII '.P. OFF H H H H H H H H H H H J u L EVIDENCE VAULT OUN LG STOR EVIDENCE STOR. 1 1 = L ]I RES. SWA, SQUAD DOG GARAGE MECH. STAIR A - �I o S .OFFIC INur�ST. iFIC� n L 4I 7 5-freil cum _ � 0 CA9TAW iFFIC OFFICE/" C \T� 7 C \--1 r/ 7 OPEN OFFIC H H i nI TrLrl� GEAR BAG/ II RADIO STORAG u - ROLL CAL( STOR 11 GRAI RAL r1 CORR. CORR. L NVEST. TORAGE 1.11 vL C Cr `I C' J - TRAINING ROOM - TOILETS TRAIIINCSTIR. -CORR TOILETS Sli ay �m.RO IOV BREAKROOM 6 0 00 a0do ❑0 0 0 COlt. RM 00 FORENSICI COMP. LA • ELEV. STAIR B LOBBYrINT:- ROOB I IIIIUBLICWAI{�� VIT ®11 ®jr _nrVESTIBUL B Hr vov WENCK Exterior Render vov WENCK Front Patrol Office (looking SE) vov WENCK Patrol Office (looking E) vov WENCK Patrol Office (looking SW) vov WENCK Front Patrol Office (looking NW) -y v WENCK Phase 3: Lower Level Plan STAIR A STOR. STIR. STOR. STOW STOR. STOR. STOR. STOR. CARR. WOMEN'S VEST. RIOMENS WORE DEFENSIVE TACTICS WOMEN'S LOCKER ROOM 1._ MEWS TOILET MEWS VEST. STMT. Il STOR. FITNESS ROOM TSR. GEN. EON 5105. ELEV. LOBBY STAIR R STOR. vey WENCK STAIR A Phase 3: Lower Level Plan L STOR. OILER ROOM [---i CORR.[ 477 TRW MEN'S. VEST. CHANGIN ROOM WOMEN'S_ VEST.. DEFENSIVE TACTICS MEN'S EN' TOILET 1 CORR. MECH. ELEV. EQUIP. ELEV. i STOR. LOBBY STAIR B STOR. FITNESS ROOM UNEXCAVATED MAIN ELECTRICAL vey WENCK Phase 3: Second Floor Plan --1 CORR. MEN'S ROOM WOMEN'S ROOM 1 CORR. A.V.44 44 STOR. STOR. CORR. -4.11rir - RECEPTION WAITING LOBBY •• "' VEST. vov WENCK Second Floor Reception Desk Ivy WENCK 1 1 1 STAIR A CITY PLANNING COMM_ DEM_ OINECTOR CONF. ROOM FUTURE EXPANSION LUNCHROOM Phase 3: Upper Level Plan i ENGINEER= CONN. CITY ENGNEER laminvorawall BUILDING INSPECTOR CONFERENCE ROOM vey WENCK Schedule 0 3 5 6 ik Task Mode Task Mame Start Finish PHASE ONE &TWO- STILLWATER POLICE STATION AND CITY HALL EXPANSION Design Phrase SD Cost Estimate DD Cost Estimate CD Cost Estimate Local Code Phan Review City Council Approves Prelim. 2017 Budget Design Presentation to Council Bidding Phase Award Contracts Construction Mobilization Phase One -Remodel Fire Station Phase Two -Remodel City Hall Mon 4/11/15 Wed 8/2/17 Mori 4/11/16 Fri 8/5/16 Wed 5/25/16 Wed 6/1/16 Thu 6/16/16 Mon 6/27/16 Wed 7/27/16 Fri 8/5/16 Tue 9/6/16 Mon 9/19/16 Tue 8/16/16 Tue 8/16/16 110 Q1F 2 2oia +Iprlt4 AJuo Tue 9/20/16 Tue 9/20/16 Fri 9/23/16 Tue 10/18/16 The 11/1/16 Mon 11/7/16 Mori 11/14/1E Mon 11/14/1E Tue 11/15/16 Tue 3/14/17 Mon 3/20/17 Wed 3/2/17 Qtr 3, 2916 Jul LP.uu1Seo 2,317 q tr a, 3010 O rtkJrnit7ec qtr 1, 2017 JanlfehIMar gtr.a, 2v21:11.7lI21:11.7? ,k os AJun17 QIJulsI81�1 11 II 11 w 1 1 Project Stillwater Police Rer od Date: Wed 911 /15 Task Split Miestorre Summary Project Summary rnartsine Task Fnirti a Milestone • 1111 1 — 1 InaistMe Summary Manual Task 6uraitiori-imly Manual Summary Rollup Manual Summary Start -only Finish -only External Tasks External Milestone 1=4` l]eadlne 4, Progress rianuat: Progress Page 1 v4 y WENCK Estimated Budget Phase! & II: 2016 & 2017 Funding: $2,300,000 • Remodel Fire Station into Police Patrol & Evidence • Link Addition for Police Patrol • Remodel Police Main Level into secure vs. lobby / interview zones • Furniture, Equipment, Technology for above work • Fees, Testing, Permits, Etc. • Contingency Estimated Project Cost: $2,300,000 v4 y WENCK Estimated Budget Deferred Work: • Remodel Police Lower Level Locker Rooms • Replace Fire Station Roof • Add NW Awning to City Hall • Remodel City Hall Main Level Info Desk • Upper Level Service Counter and Office Remodeling • Re -Cable City Hall • Add Exterior Surveillance Cameras • Add Panic Buttons at Council Dais and Service Counters • Add Card Access Door Control to City Hall internal doors • Project Costs (Fees, Testing, Permits, Contingency) 2016 Savings 2018 Cost $380,000 $210,000 $15,000 $25,000 Unknown $68,000 $47,000 $6,500 $34,000 $418,000 $230,000 $16,500 $27,500 $75,000 $52,000 $7,000 $37,500 Typically 20% of Above vov WENCK Thank You 1\la t ec 114E O IRTMELA CE OF MINNESOTA CITY COUNCIL MEETING MINUTES September 6, 2016 REGULAR MEETING 3:30 P.M. Mayor Kozlowski called the meeting to order at 3:37 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, and Polehna Councilmember Weidner arrived approximately 4:00 p.m. Absent: Councilmember Junker Staff present: City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Public Works Director Sanders Police Chief Gannaway Fire Chief Glaser Engineering Secretary Wolf OTHER BUSINESS Budget Workshop - Review of Preliminary 2017 City Budget Proposals City Administrator McCarty led discussion of three options for reducing the tax levy increase for 2017. Staff recommends Option 3, which includes a net tax levy increase of 4.172%. Finance Director Harrison explained the recommended debt service levy reduction. Mr. McCarty reported that Option 3 assumes that the City does not get the COPS grant money and funds the police officer position fully from the property tax levy, consisting of $44,605, plus $39,000 match. It also includes a $50,000 reduction in the library levy increase. Council consensus was that they were comfortable with Option 3. STAFF REPORTS Community Development Director Turnblad informed the Council there will be a focus group meeting September 14 on the concept plan for the future park property (Aiple property) north of downtown. The study of short term lodging rentals is underway and a stakeholders' meeting will be held September 27. City Administrator McCarty reminded the Council of the annual St. Croix River education session September 14. RECESS Mayor Kozlowski recessed the meeting at 4:18 p.m. City Council Meeting September 6, 2016 RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Weidner, Polehna Absent: Councilmember Junker Staff present: City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Public Works Director Sanders Police Chief Gannaway Fire Chief Glaser Engineering Secretary Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of August 16, 2016 regular and recessed meeting minutes Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to approve the August 16, 2016 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Oath of Firefighters Sal DiStefano and Seth McCauley Chief Glaser swore in Firefighters DiStefano and McCauley. Their families pinned on their badges. Resolution 2016-163, Certificate of Appreciation - Jeff Dionisopoulos - Public Works Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2016-163, Certificate of Appreciation - Jeff Dionisopoulos - Public Works. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Weidner, Polehna Nays: None OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2016-164, directing the payment of bills 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 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 Resolution 2016-167, identifying the need for funding to complete its 2040 Comprehensive Plan update and authorizing an application for planning assistance grant funds Page 2 of 9 City Council Meeting September 6, 2016 Resolution 2016-168, approving Development Agreement for The Ponds at Heifort Hills Possible approval of sanitary sewer adjustments Possible approval of Letter Agreement with AFSCME regarding on-call pay for non-exempt Information System staff Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Weidner, Polehna Nays: None PUBLIC HEARINGS Case No. 2016-27 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 license, and associated variances, for the structure located at 320 Fourth Street North in the RB - Two Family Residential District. Community Development Director Turnblad reviewed the appeal and stated that on July 13, 2016, in a 4-2 vote, the Planning Commission denied a Special Use Permit (SUP) and three associated variances for Cecilia Loome and Jon Moler to host events in the Old Swedish Church in their single-family residence at 320 4th Street North. Ms. Loome and Mr. Moler are appealing the Planning Commission's decision. Mayor Kozlowski opened the public hearing. Donald Empson, 1206 North Second Street, Stillwater historian, pointed out that the City Council usually gets involved in the preservation of historic buildings at the end of the cycle, when a building owner requests a demolition permit, because a building is too dilapidated to repair, but tonight marks the beginning of the cycle. He added that existing building codes and zoning really do not fit the church. He understands the building has been offered for sale, but cannot be economically converted to a single family residence. He urged the Council to allow a few events to provide income to preserve the church. Jaana Nystrom, 1990 Oak Glen Trail, voiced support for the SUP, saying it would bring new business and is aligned with the City's identity. Tim Paskvan, 314 Fourth Street North, expressed that the crucial issue is whether unrestrained commercial interests should be allowed to be the principle by which neighborhoods are made of. Jane Paskvan, 314 Fourth Street North, stated as next door neighbors, they have talked with the applicants at length about the proposal. They do not wish to have an event center within 10 feet of their house; however the applicants are sweet, wonderful people who need to make money on the place to stay there. Other than the preservation of the church and their relationships with neighbors, there is no real benefit to them or the neighborhood. She expressed concern about property values and the future ability to sell her home. She added that she believes Jon and Cecilia will do anything in their power to minimize any problems, but she is worried that if granted, a variance would go with the building and a new property owner could do the same thing. She stated they are willing to let the applicants hold events in their home with limitations. Deanne Wessel, 14160 - 107th Street North, indicated she feels it is honorable that the applicants want to retain the property. She supports the SUP. Page 3 of 9 City Council Meeting September 6, 2016 Catherine Hobbs, 811 Fifth Street South, stated she supports the variances. She moved to Stillwater because of it beautiful, historic character. Chris Lentz, 718 North Third Street, stated he worked in the church building for 15 years when it was a bookstore. He recalled that, as a busy bookstore, there were never any complaints from neighbors about traffic. Calling it an event center is a misnomer because it is a very small venue. He added it has always been a mixed use neighborhood. He urged the Council to find a creative way to accommodate the request. Bruce Bell -Myers, 821 Fourth Street North, remarked that the building is a perfect small performance space with fantastic acoustics. Converting it to apartments would not work. He envisions peaceful gatherings of people listening quietly to something of importance to them, like a wedding or a quartet. James Smith, 1324 Fifth Street South, pointed out that the building itself speaks to the character of Stillwater; it would be a shame to not have access to that. He is very much in favor of the SUP. Kim Barnhart, 1103 South Second Street, told the Council she supports the use of the property for the purpose intended. Karen Loome, 522 Maple Street West, reported that her family lived at the back when it was a bookstore. The new roof installed three years ago cost $30,000. She read a letter on behalf of Sheryl Weitzel, 121 Cherry Street West, endorsing the proposal. Ms. Loome added that the few gatherings hosted so far have been quiet and respectful. There are many mixed uses in neighborhood. The church was never intended to be used solely as a residence; the building needs to sustain itself if it is to be maintained. She urged the Council to approve the use. Jerry Helmberger, 303 Fourth Street North, stated that he believes in a person being able to use their property any way they want, as long as it follows the rules and the ordinances set forth by the City. He expressed concerns about the possibility of over 50 events taking place in a one - block area in a five-month period if the request is granted. He feels Jon and Cecelia will try to get people to park where they are supposed to park, but from experience, he knows that patrons do not. He is concerned about spillover from events. He reminded the Council that the neighborhood is still zoned residential. He does not want to argue against having an event center at the Old Swedish Church, but he feels there need to be restrictions that go along with it. George Ghanem, 324 Fourth Street North, indicated that as a next door neighbor to the church, he never had any issue when the bookstore was in operation. He is worried that turning the property into apartments would not be feasible and he would not like to see the property fall into disrepair or be subject to demolition. He asked the Council to let the applicants use the property the way they suggested. Barbara Champlin, 217 Linden Street West, commented that Jon and Cecilia are good neighbors, she has never heard loud disruptive noise from the property, and appreciates the work they have done to the building. She feels the proposed use would fit in well in the neighborhood. She also feels the applicants are entitled to the same access to parking, whether on the street or in the ramp, that other businesses and public institutions have. Patty Hooley, 2250 Oak Glen Court, voiced support for the SUP. She pointed that out the church has always had a visiting public, so allowing the owners to rent out their home for occasional private events in a controlled manner is very much in keeping with the neighborhood. Page 4 of 9 City Council Meeting September 6, 2016 Jonathan Moler and Cecilia Loome, applicants, shared the history of the neighborhood. They reminded the Council that the church building has never been a single family residence. For 30 years as a bookstore, it was open to the public eight hours a day, six days a week. They feel their proposal makes it more residential and less commercial than it ever has been in its 112 year history. They also feel there is a big difference between a full time event center and an owner occupied home that is rented out a few times a year. The church is their home and they want it to continue to be their home. This summer there have been three paid events. They do not want loud, rowdy parties, but low key gatherings. Cathy Helmberger, 303 North Fourth Street, stated she made the City aware the church intended to have weddings and events and they should have permits just as she and her husband do for the Aurora Staples Inn. The Inn has hosted weddings over the years, so she understands the difficulties of controlling adults, keeping them quiet, and keeping them from parking where they want or wandering into neighboring yards. She requested that if granted, the permit have restrictions to protect the neighbors. Terri Brine of Stillwater Township, a real estate agent for 25 years, reported that when the church building was for sale, many buyers considered it, but with the flooring and ceiling, it could not be made into apartments or condos. She believes that the use being suggested will not diminish nearby property values. Nancy Kiolbasa, 1920 Oak Glen Trail, expressed support for the proposal. She recognized complaints about events at the library and thinks this proposal should not bear the burden of that issue. Kristen deLeon, 704 Fifth Street North, told the Council she supports the proposal. Monty Brine, Stillwater Township, reiterated Terri Brine's comments. John Harrington, 13020 - 94th Street North, stated he supports the Loomes and the SUP. Brad Lindberg, 108 Stillwater Avenue, expressed support for the SUP. John Argiro, 409 Willard Street West, stated he supports the Loomes. Suzi Quaderer, 304 North Third Street, who shares a driveway with the library, stated there is a real safety issue with parking on the street, making it dangerous to pull out. Because of parking and problems with events at the library, she is against the proposal in its current form. She appreciates the historical significance of the building, the work the applicants have done, and the unique nature of the events other than weddings. She agrees with the Planning Commission's decision to deny the proposal. She asked the Council to consider the compromise of approving a one-year SUP to allow activities, to be held to the exact guidelines and restrictions as the Aurora Staples Inn. Randy Ralston, 518 Maple Street West, pointed out the applicants' willingness to come up with ways to deal with parking issues. He would like to see the City help businesses grow and grant the SUP. Joe Rice, 510 St. Croix Avenue West, reminded the Council that the church is 112 years old and was designed to house scores of people and did so for about 70 years. He feels that common sense dictates that a building which is large, historic and made to function as a business should be allowed to do just that. Page 5 of 9 City Council Meeting September 6, 2016 Melvin `Buzz" Kriesel, 1782 - 38th Street, Somerset, Wisconsin, stated growing up in Stillwater in the 1940s and 50s, he was proud of all the steeples in town. He would not like to run the risk of losing one of those steeples. He supports the SUP. Don Wessel, 14160 - 107th Street North, stated he supports the variances because a big part of Stillwater is its beautiful historic buildings. Aaron Wessel, 14160 - 107th Street North, voiced support for the SUP. Tim Jozefow, 515 Fourth Street North, stated parking issues are simply a part of living in Stillwater. He believes property values will increase based on how the property has improved dramatically in the time that Jon and Cecilia have been there. Darcy Rodriguez, 308 Third Street North, voiced support for the SUP. Living behind the Aurora Staples Inn means weddings occur adjacent to her backyard relatively frequently. She feels the benefits of having these types of celebrations in the community absolutely outweigh the disadvantages. It would be disingenuous to allow one venue to provide celebrations and weddings without allowing another that is across the street. Nanette Pederson, 316 South Grove Street, told the Council she totally supports the variance and proposal. Trevor Stolber, 55670 Penfield Avenue North, stated he supports the SUP. Caleb Majerus, 504 Owens, voiced support for the proposal. Mayor Kozlowski closed the public hearing. Mayor Kozlowski noted that separating the neighborhood stress about the library and its events from the current request is a big issue. He has met with Cecilia, gone through the property, and agrees there is no other earthly use for the building. There needs to be a way to minimize complaints about the events. Councilmember Menikheim pointed out he is also on the Library Board. He feels that the City needs to resolve neighborhood complaints about library events before adding another venue to the neighborhood. Councilmember Weidner reminded the Council they are not voting on whether or not to destroy a building, but the use of a building that is currently prohibited. He feels that zoning creates controls that should be followed. The CUP being requested runs with the land, not with individuals. He pointed out the B&B ordinance requires 900 feet between B&Bs to maintain the residential use of a neighborhood. Lack of parking is a major concern. He does not support overturning the Planning Commission's decision. Councilmember Polehna noted that he managed all the weddings at the historic courthouse for 15 years. His biggest concern with the proposal is parking. Mayor Kozlowski suggested trying to negotiate restrictions to address the concerns brought up while granting the SUP. City Attorney Magnuson explained the implications of denying the SUP without prejudice, which would allow the applicants to bring back an amended proposal in less than a year. He confirmed that variances are tied to the land and that a special use permit is really a conditional use permit, in effect until the conditions are no longer met. It is very difficult to revoke a CUP once there is a substantial investment and expectation of continued operation of the facility. Page 6 of 9 City Council Meeting September 6, 2016 Mayor Kozlowski asked if the issue should go before the Heritage Preservation Commission, and Community Development Director Turnblad responded that no changes are being proposed to the outside of the building, so there is no reason for the case to go to the HPC. Mayor Kozlowski stated he struggles with what to do with this building. Councilmember Polehna commented that denying the SUP without prejudice would not help the situation because the proposed use does not fit the zoning. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to call for a straw vote to deny the appeal of the Planning Commission decision, and to direct staff to bring back findings for adoption at the next meeting. Ayes: Councilmembers Menikheim, Weidner and Polehna Nays: Mayor Kozlowski A public hearing to consider the assessments for Stillwater Oak Park Heights Street Project (Project 2014-03, L.I. 407). Public Works Director Sanders reviewed that the project consisted of reconstructing streets in the southeast area that share a common border with Oak Park Heights. The project was done in conjunction with the City of Oak Park Heights. The final cost of the project totaled $210,919.35, an amount considerably lower than the feasibility estimate of $347,520. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2016-169, adopting assessment for the Stillwater Oak Park Heights Street Project, Project No. 2014- 03, L.I. #407. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Weidner, Polehna Nays: None UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Possible approval of Lighting Maintenance Agreement for Lift Bridge Conversion Project Public Works Director Sanders reported that as part of the Lift Bridge Conversion Project, the 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 pay for the lighting of this system. Staff recommends approval. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2016-170, entering into Agreement No. 1026159 with Minnesota Department of Transportation. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Weidner, Polehna Nays: None Page 7 of 9 City Council Meeting September 6, 2016 Possible adoption of budget resolutions Finance Director Harrison explained the resolutions based on Option 3, discussed earlier this afternoon. This represents a 4.127% increase over the 2016 levy. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2016-171, adopting the proposed tax levy for the payable year 2017. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Weidner, Polehna Nays: None Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2016-172, adopting the proposed budget for the year 2017. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Weidner, Polehna Nays: None Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2016-173, setting payable 2017 Truth in Taxation meeting date. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Weidner, Polehna Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adjourn the meeting at 9:17 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, City Clerk Resolution 2016-163, Certificate of Appreciation - Jeff Dionisopoulos - Public Works Resolution 2016-164, directing the payment of bills 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 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 Page 8 of 9 City Council Meeting September 6, 2016 Resolution 2016-167, identifying the need for funding to complete its 2040 Comprehensive Plan update and authorizing an application for planning assistance grant funds Resolution 2016-168, approving Development Agreement for The Ponds at Heifort Hills Resolution 2016-169, adopting assessment for the Stillwater Oak Park Heights Street Project, Project No. 2014-03, L.I. #407 Resolution 2016-170, entering into Agreement No. 1026159 with Minnesota Department of Transportation Resolution 2016-171, adopting the proposed tax levy for the payable year 2017 Resolution 2016-172, adopting the proposed budget for the year 2017 Resolution 2016-173, setting payable 2017 Truth -in -Taxation meeting date Page 9 of 9 Stillwater Fire Department Memo To: Mayor Koslowski City Council Members City Administrator City Clerk Department Heads City Attomey FmnY Stuart W. Glaser, Fire Chief Date: September 14, 2016 Re: Fire Prevention Week 2016 The Department invites Council and City Department Heads to help kick off this year's Fire Prevention Week Campaign. To show our appreciation for your ongoing support of public safety in the City of Stillwater you are cordially invited to share dinner with the Department, meet the staff, and check out new equipment recently placed in service. Please join us: What: Dinner When: Tuesday, October 4 Time: 5:30 pm (between council meetings) National Fire Prevention Week 2016 is October 9-15. This year's national theme is "Don't Wait — Check the Datel Replace Smoke Alarms Every 10 Years." which effectively serves to remind us to check our smoke detectors and replace them if they are over ten years old. Once again the Department will be hosting events throughout the month of October to help educate our citizens on fire safety. Numerous station tours, school visits, and our ever popular Open House will be held on Saturday, October 15, from 10:00 am — 1:00 pm. The Department looks forward to seeing all of you on Tuesday, October 4! 1 EXHIBIT "A" TO RESOLUTION #2016-174 Page 1 LIST OF BILLS Accela Inc Ace Hardware AIR Corval Constructors Ammonia House Ancom Communication Inc. Armor Security Inc. Arrow Hockey and Sport BCA Training & Auditing Braun Intertec Corporation Briscoe Deborah Bryan Rock Products Inc. Buberl Black Dirt Inc. Campion Barrow & Associates Carquest Auto Parts CDW Government Inc. Century Link Coca-Cola Distribution Comcast County Materials Corporation Dalco Diamond Vogel Paints ECM Publishers Emergency Medical Products Enterprise FM Trust Ess Brothers & Sons Inc. Fastenal Company FleetPride Fury Stillwater G & K Services Galls LLC Goodyear Commercial Tire Gopher State One Call Inc. Government Finance Officers Asso Granicus Inc Greater Stillwater Chamber of Commerce High Impact Training Co Hisdahl Inc Hoisington Koegler Group Inc Holiday Companies Iceman Industries Inc. IdentiSys Images of the Past iSpace Furniture J.H. Larson Company Keeprs Inc Kirvida Fire Inc. L.T.G.Power Monthly UB web payments Supplies Equipment repair Drier core and heater Antenna Quarterly Monitoring Service Concession supplies Crime Analysis Applications Training Police/City Hall Remodel Field software cert course Riprap Black dirt Fire services Equipment repair supplies Equipment Telephone Beverages for concessions Internet, TV & Voice Storm sewer repair supplies Concession supplies Paint Publications Medical supplies Lease vehicles Storm sewer repair supplies Equipment repair supplies Equipment repair supplies Vehicle repair Mats & Uniforms Taser holder Tires Locates Membership Qtrly web streaming service Renewal Staff development program Cast bronze plaque Funding ED Vehicle washes Apex liquid dust control Maint. agreement Scanning charge & giclee print Quickstand base Equipment repair supplies Uniform supplies Vehicle service Equipment repair supplies 438.85 260.14 6,903.06 239.92 112.50 84.00 180.49 725.00 4,985.00 275.00 157.56 56.00 415.00 105.03 345.96 314.68 986.88 368.54 2,882.96 42.66 234.60 334.80 87.90 4,225.43 2,338.00 217.07 164.82 1,188.35 1,343.12 159.96 767.42 459.00 190.00 1,086.00 735.00 4,500.00 2,021.00 2,558.46 20.00 2,050.00 611.00 542.70 700.00 76.26 99.99 325.41 161.70 EXHIBIT "A" TO RESOLUTION #2016-174 Page 2 League of MN Cities Lennar of Minnesota Lifetrack Loffler Companies Madden Galanter Hansen LLP Mansfield Oil Company Menards Metropolitan Council Miller Excavating Minnesota Mayors Association Mississippi Welders Supply Co. MN Dept of Labor and Industry MN State Fire Chiefs Assn MP Nexlevel LLC Office Depot OnSite Sanitation O'Reilly Auto Parts Pereboom Jesse Pioneer Press Primary Products Co. Riedel) Shoes Inc. Rose City Sign Company Schwaab Inc. SiteOne Landscape Supply St. Croix Boat and Packet Co. Stillwater Motor Company Stillwater Turf & Power LLC Streichers SW/WC Service Cooperatives T.A. Schifsky and Sons Telemetry and Process Controls Toll Gas and Welding Supply Trans Union LLC Tri -County Law Enforcement Assoc USPCA Region 18 Valley Trophy Inc. Verizon Wireless Viking Auto Sprinkler Co. Voyant Communications Washington County Recorder Wenck Construction White Bear Tire & Auto Inc. Wholesale Fitness Wittman Abbi Jo Wold Architects and Engineers WSB & Associates Inc. Wulfing David Membership Grading Escrow Refund Estate planning seminar Network computer support Labor relations services Fuel Supplies Monthly SAC 2016 Street Improvement Project Membership Cylinders Boiler license fee Conference Locating Office supplies Portable restroom rental Equipment repair supplies Reimburse for mileage Patrol officer vacancy Nitrile gloves Skates Repaired lamps Stillwater stamp Lowell park supplies Arena Billing Vehicle service Equipment repair supplies Uniforms & supplies COBRA & Retiree Health Insurance Asphalt Service call Aiple LS radio Cylinders Information Charges 2016 Annual dues Narcotics certification trials Name plate Police Mobile Broadband Annual sprinkler inspection Phone Recording fees Police/City Remodel Tires Exercise equipment & repair Reimburse for mileage to conference Police/City Hall Remodel Professional services Reimburse for expenses 16,731.00 4,500.00 400.00 310.00 69.50 7,829.19 445.36 132,911.05 283,158.37 30.00 46.50 40.00 300.00 6,536.41 469.21 806.00 41.84 34.99 876.50 99.16 426.81 2,938.50 62.25 75.77 36,282.42 58.48 22.95 658.96 62,677.53 2,377.58 415.00 44.14 67.76 75.00 70.00 12.00 612.26 1,080.00 529.18 240.00 6,468.75 567.60 845.00 51.84 30,875.21 2,375.00 749.19 EXHIBIT "A" TO RESOLUTION #2016-174 Page 3 LIBRARY Ace Hardware Baker and Taylor Brodart Co Culligan of Stillwater G & K Services Infogroup Midwest Tape MN Dept of Labor and Industry SHI International Corp Janitorial Supplies Materials Materials Water Towels & Rugs Materials Materials Boiler License MS Office and Windows Licenses 75.29 1,016.38 510.35 14.55 82.54 620.00 341.75 10.00 4,269.00 i11watr Administration TO: Mayor & City Council FROM: Diane Ward, City Clerk DATE: 9/15/2016 RE: 2016 Stillwater Harvest Fest Summer Tuesdays Inc. has made application for a Special Event Permit to host the Stillwater Harvest Fest on October 8th & 9th, 2016. The venue that will be used is North Lowell Park. Set up begins at Noon on Friday, October 7th. The Harvest Festival will be open to the public on Saturday & Sunday from 10 am to 6 p.m. Tear down will occur from 6 p.m. to 9 p.m. Sunday evening. All parking spots in Lots 4 and 5, will be reserved all day Friday through Sunday. The organization has requested a one -day Temporary Liquor License for the beer/wine tastings on Saturday from 1-5 p.m. Officers will be on duty during this time. Officers will also be onsite on Saturday and Sunday for crowd and traffic control as well as the kiddie parade on Sunday. The fees for City services, materials and parking will be charged according to the 2016 Fee Schedule. The Organizer must provide Liquor Liability Insurance with everything submitted and paid for by September 30, 2016. ACTION REQUIRED: Review and if Council wishes to approve the event and contract they should pass a motion adopting a resolution entitled "APPROVING THE 2016 STILLWATER HARVEST FEST SPECIAL EVENT AND CONTRACT AND TEMPORARY LIQUOR LICENSE" RESOLUTION 2016-175 APPROVING THE 2016 STILLWATER HARVEST FEST SPECIAL EVENT AND CONTRACT WHEREAS, the City has encouraged Organizer to prepare and manage the 2016 Stillwater Harvest Fest at a location within the City in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City, WHEREAS the City is the owner of certain land in Stillwater, Minnesota, known as Lowell Park more particularly described in Exhibit A attached to the Agreement and made a part hereof, together with certain improvements thereon. BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota that the 2016 Stillwater Harvest Fest Special Event and Contract and Temporary Liquor License are hereby approved and authorize the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 20th day of September, 2016. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk 2016 STILLWATER HARVEST FEST AGREEMENT THIS AGREEMENT, between the CITY OF STILLWATER, Washington County, Minnesota ("City"), and SUMMER TUESDAYS, INC., a Minnesota non-profit corporation, ("Organizer") 1. Harvest Fest & Giant Pumpkin Weigh -Off. The City has encouraged Harvest Fest & Giant Pumpkin Weigh -Off ("Event") in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. 2. Dates and Hours of Event. Operations are limited as follows: Setup: Friday, October 7 - Noon - 6:00 p.m. Event: Saturday, October 8 - 10:00 a.m. - 6:00 p.m. Sunday, October 9 - 10:00 a.m. - 6:00 p.m. Cleanup: Sunday, October 9 - 6:00 p.m. - 9:00 p.m. 3. Event/Alcohol. The Organization has been granted authority to dispense intoxicating Liquor at the Stillwater Harvest Fest. It is the purpose of this Agreement to set forth the terms and conditions that will control the dispensing of Liquor at the Event. The event is holding a beer/wine tasting only on Saturday, October 8, 2016, from 1 p.m. - 5 p.m. a. The Area. The area where dispensing of Liquor will be permitted in a contained area as advised by the Police Department. b. Fencing. The Area must be securely fenced by the Organization. The fencing must be adequate to insure that alcohol sales and consumption remain inside the fence. A breach of the fence is grounds for the Police Chief to terminate all alcohol sales in the area. The adequacy of exiting in the fence must comply with the Minnesota Code as administered by the City Fire Chief. c. Security. For the purpose of this plan, all Entry/Exit gates to the Area must be controlled by security/police personnel while alcohol is being served. At each of these entry/exit points, a paid professional security guard/police personnel must be in place to insure that no beer or liquor enters or leaves the Area. d. Types. No Liquor is allowed in the Area except that Liquor which is sold by the Organization. The Organization is responsible to see that no other Liquor is brought in the Area. The Organization must not allow bottles, containers or coolers to be brought into the Area. e. Signs. Signage will be prominently displayed at each entry/exit point the number and content of which must be approved by the City Police Chief describing the regulations prohibiting Liquor outside of the Area, as well as prohibition against participants bringing their own Liquor into the Area and the requirement for identification bracelets must be worn to consume alcohol. f. Identification. The Organization will provide liquor identification bracelets. The Organization will permit no one to consume Liquor unless they are wearing an identification bracelet. The Organization will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. g. Compliance. The Organization shall obtain a temporary liquor license for beer/wine tasting on Saturday, October 8 and also obtain an alcohol consumption permit for the same days with respective fees paid to the City. Prior to opening date of the Stillwater Harvest Fest, the Organization must develop a management policy or program regarding all aspects of alcohol compliance, including the problem of under -age consumer, sales after hours, over -serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Organization must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Event. h. Inspection. The Organization acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43-8, which authorizes that all premises from which intoxicating Liquor is offered at on -sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. i. Liquor Liability Insurance. The Organization agrees to provide the City an insurance certificate for Liquor Liability during the event by September 30, 2016. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 6. Security. Lessee shall confer with the Chief of Police as to the advisability of closing the Sam Bloomer Way (Lowell Park) and shall hire any security personnel/police personnel the Stillwater Police Chief requires. Should the City have to hire outside agencies, the City will invoice the Organizer for any additional costs. 7. Use of Parking Lots. THE ORGANIZER IS AWARE AND WILL INFORM ALL VENDORS AND EVENT PARTICIPANTS THAT STAKING INTO THE ASPHALT, ETC. IS NOT ALLOWED (ANY DAMAGE REPAIR WILL BE PAID FOR BY THE ORGANIZER). The 2 Event is given use of all spaces in Lot 4 and 5 to be used Friday through Sunday. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. 8. Park Property. a. The Organizer agrees to submit a user's park fee of $500.00 payable to City by September 30, 2016. b. The Organizer shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 9. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system cannot be damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made to the City in the amount of $750.00 and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the Event. 10. City Costs. Organizer will prepay the City for the estimated costs of the City Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services and materials, needed to safely conduct and maintain the Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing (i.e., neighborhood meeting expenses and/or city equipment) shall be received by the City no later than September 30, 2016. Failure to make the payment will result in the cancellation of the Event. In the event of a cancellation of this Event after the deposit or fees are made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 11. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to provide portable toilets to augment the existing facilities, barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. Portable Toilets. The Organization must furnish at least 8 portable restrooms, with hand sanitizing to facilitate expected crowds. Additional portable restrooms must be provided by the Event Organizer if deemed necessary to protect public health as determined by the Public Works Department. b. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however, the Event Organizer will be responsible for maintaining, cleaning, security 3 and supervision for the restrooms. If the Event Organizer does not have the manpower to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate) to be invoiced to the Event Organizer. The City shall be notified 2 weeks in advance of the Organizer's intent on maintaining the City restrooms. c. Barricade Placement. i. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on October 7 at the parking lot entrances as designated by the Public Works Department. This will inform users of the parking lot closure for the Event. ii. The City will deliver 2 Type III barricades for placement on Chestnut Street at Parking Lot 4 entrance by the Organizer during their event on Saturday and Sunday. d. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. e. Electricity and Water. i. Each electrical box needed for the Event will be opened by the City on October 7, 2016. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. ii. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. iii. The City shall provide the Organizer a key for the water shut off valve. The Organizer shall provide a $50.00 deposit for such key and will be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the Monday following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, Monday following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 12. Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. 4 a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. c. The Organizer agrees to provide 1 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 13. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event's authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear by September 30, 2016. 14. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 15. The Event Application (not attached to Agreement) including revisions, correspondence and insurance for the Event as submitted by the Organizer is considered part of this Agreement. Any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands this day of September, 2016. SUMMER TUESDAYS, INC. By: Its: STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON ) On this day of 2016, before me, a Notary Public within and for said County, appeared , to me personally known, who, being duly sworn, 5 did say that he is the of the SUMMER TUESDAYS, INC. and that this instrument was signed as the free act and deed of the corporation. Notary Public CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of 2016, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Diane F. Ward, to me personally known, that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public 6 (no do i N \ �ddSaLu dcas13 Spmea'� 0- Downtown 0- S<r,.� p}} Battle to Paddle area 12pm (sunday only) Pumpkin Drop Area (5pm) (clo ;5ed0ffatjm( O �5 Stillwater Event Venue Map 8 = info booth = barricade = port -o -potty Lot 1 -- 106 spaces Lot 2 -- 84 spaces Lot 3 -- 35 spaces Lot 4 -- 29 spaces Lot 5 -- 7 spaces Lot 6 -- 16 spaces Lot 7 -- 16 spaces Lot 8a -- 50 spaces Lot 8b -- 89 spaces Lot 9 -- 30 spaces Lot 10 -- 49 spaces Lot 11 -- 45 spaces Lot 12 -- 85 spaces Lot 13 -- 28 spaces Lot 14 -- 15 spaces Lot 15 -- 20 spaces Lot 16 -- 47 spaces Lot 17 -- 103 spaces Lot 18 -- 53 spaces Lot 19 -- 83 spaces Lot 20 -- 22 spaces Ramp -- 248 spaces Total = 1,260 spaces 1"=100' Food Vendors & Beer/Wine 1. Summer Tuesdays/Leo's 2. JMJ Rocks 3. Joseph's Restaurant 4. Gyro's - waiting on application 5. Unassigned 6. Chili Cook Off- Saturday only 7. Beer/Wine Tasting 8. Outdoor Beer/Wine Tasting gatta 0� -o EVENTS PERMIT APPLICATION 216 North 4" Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810 CEIVE Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: 7/2g ze---47 Event information Title/Name of Event Event Date/Time: Set up: Date /---1:-/ z2_71- 7 Time /1i-e'm to •C Actual Event: Date 11- rzi.- 74 g Y Time /t /4,1 to - __(21./1 Clean up: Date .ley £C f g Time to (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) A 7111 4Z& ---z-- /2 -i Description of Event (please be specific - thls information will be used to promoe the event on the City of Stillwater website) F/5 1/ -se__ Aviie .c. 4. 4 el /41 -74144. Ze.-n• d /-:1,1--1 ete-1,4--; -`,,,e ...e".., Ire, 74-7teG-ee._. 7g-- 7Xeoi71,4 4, -c.,,,,i jffe—re-/7.-x; ile.-75-7`; ,e-W--,:e7:77-74,—/ef,./% -..., Estimated Attendance (participants and spectators): - Applicant information (Person/Group Responsible Sponsoring Organization Name: Mailing Address: Z7--17 // (- City, State, Zip Code: 4 Acet- 4i.,- "2/4/ , 8 Primary Contact/Applicant Name: e-dilte-k- Phone Number: 6,7 2, _ e__// • Fax: Cell Phone: , j Email Address: ( .6-0.1Puel-1 Website Address: 4646, Name of contact person during event: Cell Phone295 - 97?' /3: / Alternate contact during event: ct Cell Phone(/2) -5 Refer media or citizens inquires to: ,. e--- . Phone: 65/ Z1>'- 7c"7-5-- 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. Evnt Features Willany signs/banners be put up No 0 Yes g Number and size: - 3 %-i Will there be any inflatables? No (g1 Yes 0 insuronce certificate from rental vendor is required Fees for electricity may Will there be entertainment? No LJ Yes ,E) What type: Z,,,. c_ ,,efeci .`c._ apply see Instructions Will sound amplification be used? No E Yes g3 Hours and Type: ....-/- /i9 _ 6- ..e., /2 - Will a stage or tent(s) be set up? No 0 Yes Jj Dimensions: ':' x YO Will there be temporary fencing? No 0 Yes IR1 How many Fees for electricity may Will merchandise/food items be sold? No M Yes Al 36) vendors expected: apply see Instructions Will food be prepared on site? No E Yes 120 Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No 0 Yes cg Contact Stillwater Fire Deportment, 351-4950 Will alcohol be served but not sold? No 0 Yes FA See Alcohol Regulations in the Instructions Will alcohol be sold? No Ej Yes See Alcohol Regulations in the Instructions Will there be a fireworks display? No 0 Yes 0 Permit required, contact Stillwater Fire Deportment, 651-3514950 Describe power needs and location of power source. , 4 Iy2 /1-741e4 Describe level of advertisement (le, radio, flyers, ads, tv, press release). Attach sample if available obt-",/, ...,./y/04.-5 .),4 0043--eS5 R.Ar APe A / Ra9 /k I / i City Services (After revtewtng the event apphcatton, Oty services may be requ*ied for the event) Will event use, close or block any of the following: If yes specify location on site map. 4:,/.5 015 ate: 4,/p— 43.47 City Streets or Right-of-way No 0 Yes SZI Start/End Time : F'' 4/, gt— City Sidewalks or Trails No (2 Yes 0 Start/End Time: Date: Public Parking Lots or Spaces No El Yes ,0 Start/End Time: A - , `7" ab -a t e : 47/ 7 - - - /17/9 Will event need barricade(s)? No JR] Yes El Number needed: Fees may apply see instructions Will extra picnic tables be needed? No g Yes 0 Number needed: Fees may apply see Instructions Fees may apply Will portable restrooms be needed? No C] Yes Number needed: see Instructions Fees may apply Will extra trash receptacles be needed? No CI Yes Number needed: see Instructions Describe trash removal and cleanup plan during and after event: . ... , 4- 7fr'215/1 .'74 l'e-e- . ‘— ' c—/ kr/ -t'' ,5 4e---/, 1,_ "1, - Will event need traffic control? No „e Yes El Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: se,y Ai ee it,,-,, Xe .,;ilec,---74-,4p( 7' ".e,/,-,4&. el CTe- $5 .7?" 14— Lerek /75e Vt4;13 a/GC/to/. Fees may apply see Instructions Will "No Parking Signs" be needed? No S Yes EJ Number needed: Show location(s) on site map Will event need security? No 1:3 Yes ,g, If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No E Yes K Contact Lakeview Flt45, 651-430-4621 Describe plans to provide first aid, if needed: ;5 ,itifr, elri.:4-4//414 ....t7f-- ..7--c ze _7Ji4 . Describe the emergency action plan if severe weather should arise: city 14, 4e-,/7 .....-,,.- ...f.. .42# 71-Ae_ /i•-.1? 74.--- .,-7-'47e"--7 . List any other pertinent information: 7 -----Xe- /2 , , e,fr-eric....4-at ",A.; 7f7;e4.-- . ../.iq7C-t, e, 74 Zr ler:/'-es & ,„*•-1 .4.-/Y 0-11. /•,,71-.' ‘2"-G .41,""C Ceiii di -11441d Al /9.0-4.40,a7I-e-y-1-"%e - O. 4:i. ---/e- 4".(---/tec,c,.- /Wi 5/1q#c.9 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 provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillwa e Is a release o lability. SignatLJ14ppllcant oF,Atlfh—orized Agent Date iarc.+ w#rwaru„r .Lt2-$4spates t 3 -- 35 spaces _ot 4 — 29spaces .ot 5 -- 7 spaces .otfi- 1&spaces 9— Lot 10'-. 4 Lot 11 -- Lat12— Lot "13-2sAp 14`-15spaces 165-20 16-47 of 17 -- 1 18 t ea reseed p customer ee Page 1 1 SUMMER TUESDAY, INC. - STILLWATER HARVEST FEST (SHF EMERGENCY OPERATIONS PROCEDURES The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 2 SUMMER TUESDAY, INC. - STILLWATER HARVEST FEST (SHF) Emergency Operations Procedures EMERGENCY TELEPHONE NUMBERS CONTACT RADIO PHONE Emergency Police/Fire/Medical N/A 911 SHF Medical Emergencies N/A 911 Head of Command — Cassie McLemore/Laura Serier Channel 1 651.587.8970/651.808.8264 FBI Non -emergency N/A 612-376-3200 Excel Energy 24 hr. gas emergency N/A 800-895-2999 Excel Energy 24 hr. electrical emergency N/A 800-895-1999 RADIO CHANNELS Head of Command Board of Directors GENERAL RADIO — FOR GENERAL VOLUNTEERS *WILL BE LOCATED AT INFO BOOTH EMERGENCY OPERATIONS PROCEDURES Channel 1 Channel 1 Channel 1 1. Volunteer or supervisor takes action necessary to create a safe environment, notifies authorities as needed, and alerts site supervisor (see 1st to Respond Emergency Protocol). • Channel 1 or "911" • Head of Command • Immediate Volunteer Supervisor (Head of Command, Board of Directors, or Volunteer Director) Site Supervisor refers to individual in command: Chain of Command 1. Head of Command 2. Board of Directors 3. Volunteer Director 4. Volunteer —general 2. Site Supervisor follows up to assure the volunteer has taken correct emergency action (see Site Supervisor Emergency Protocol). The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 3. Supervisor contacts following in order: Contact Radio Page 1 3 Phone • Head of Command — Cassie McLemore Channel 1 651.587.8970 Summer Tuesday, Inc Board of Director • Summer Tuesday, Inc Board of Directors o Cory Buettner Channel 1 651.295.4725 o Chuck Dougherty Channel 1 612.414.0865 o Brandon Lamb Channel 1 651.325.7572 • Volunteer Director & Head of Command Assistant o Laura Serier Channel 1 651.808.8264 **Bold channel is preferred/default channel if more than one channel present. 4. Directors arrive on scene. Team obtains facts, conducts "On-site Situation Emergency Analysis." 5. Complete Incident Report Form where necessary. 6. Team takes any needed further action. 7. Contact other staff and initiate on-site and media procedure as appropriate. 8. Alert all volunteers to direct media inquiries to Head of Command on the Staff. Head of Command & Summer Tuesday, Inc Board of Directors provides a simple statement to security and appropriate departments on procedures for responding to any incident inquiries. Follow-up Procedures (Post Event): 1.Team (Volunteer Directors, Summer Tuesday, Inc &Head of Command) meets with the SUMMER TUESDAY, INC. - STILLWATER HARVEST FEST (SHF) *Location & Time TBD 2. Head of Command represents facts. Team develops strategy and key messages. 3. Formulate basic media strategy and prepare spokesperson. *Head of Command drafts internal fact statement, as they are known at that time. *Distribute to security for communications. Develop external statements if necessary. For each piece, note date and time. 4. Consider existing and realistic internal communications. 5. Monitor situation. Update directors with internal and external statements as necessary or on established timetable. 6. Determine the next internal meeting time and place. SUSPICIOUS PACKAGE PROTOCOL 1. DO NOT touch the item. Ask those present if the package belongs to them. Maintain a safe distance until item can be assessed. The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 4 2. Immediately call the Head of Command (Cassie McLemore, Channel 1 or 651.587.8970), if she is not available, call 911. 3. Give detailed description of location of suspicious item and if possible, stay onsite to show police where item is located. 4. Head of Command will call appropriate law enforcement (911) to handle the situation. 5. If evacuation is necessary, follow the appropriate evacuation procedures for the area. 1ST TO RESPOND EMERGENCY PROTOCOLS INJURY OR DEATH All accidents or incidents including injury or death shall be handled according to the following protocol: 1. Immediate notification of the Emergency Service/Police shall be made using Channel 1 or by telephoning "911". *Note using 911 will be a more immediate response from local emergency services. The caller must make note of the exact location of the incident. The event official discovering the incident should stay with the injured person and designate one person to make the telephone call. 2. Through the Event's Medical Communication Network (Channel 1- Emergency & Head of Command), notification should be given for medical assistance from the closest Medical Team Member, if possible and reasonable under the circumstances. If not, the person responding to the incident shall exercise reasonable efforts to offer first aid and/or other appropriate assistance. Volunteer personnel shall always defer to authorized Medical Emergency Personnel. 3. Notify Site Supervisor (Head of Command, Board of Directors, or Volunteer Director) 4. In the event of an accident or injury situation, after care has been rendered, Volunteer Directors or Summer Tuesday, Inc Board of Directors should attempt to obtain statements from all witnesses; at a minimum obtain name, addresses and telephone numbers of witnesses. Use the Incident Report Form if possible. 5. In no event should any SHF volunteer talk to the press, members of the public, spectators or other volunteers about any emergency incident. Communication should be made only to the volunteer's direct supervisor who should in turn contact the Head of Command through the Communication Network or in person. 6. Any communications required with the press shall be made jointly by Summer Tuesday, Inc Board of Directors or SUMMER TUESDAY, INC. - STILLWATER HARVEST FEST (SHF) Head of Command only. No other volunteer or staff member is authorized to talk to the press, members of the public, spectators or other volunteers about any emergency incident. Communication should be made only to the volunteer's direct supervisor who should in turn contact the Event Head of Command, or Summer Tuesday, Inc Board of Directors through the established communication network. Event personnel should not discuss incidents between or among themselves, their family members or other volunteers except on a "need to know" basis in order to complete the Emergency Personnel's injury The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 15 reports or other forms, or otherwise to answer questions of the Head of Command or his/her designees. 7. Event personnel shall always give their name, address and telephone number so that appropriate investigators may follow up. Incident Report Forms are completed where necessary. 8. Any requests for interviews of statements from investigators or insurance personnel shall first be referred to Summer Tuesday, Inc Board of Directors. PROPERTY DAMAGE All accidents or incidents involving property damage only shall be handled according to the following protocol: 1. In the event of property damage and personal injuries, the protocol above dealing with injuries must be followed first and injured persons cared for before attention is given to damaged property and event personnel shall always allow emergency personnel to take control of the situation. Then this protocol should be followed. 2. In the event of property damage only, Head of Command shall be notified by the event volunteer first noticing the damage. Head of Command shall notify policy via Channel 1). The volunteer shall stay with the damaged property until a police officer arrives and assist the police officer in making an official report. 3. The event volunteer shall report to his/her Site Supervisor the extent of any damage to property, describing it in detail and taking names, addresses and telephone numbers of any witnesses to the damage. 4. An Incident Report should be completed by the event volunteer and the Site Supervisor (Head of Command, Board of Directors, or Volunteer Director), forwarding the report to the SHF Info Tent, attention: Head of Command. 5. The Head of Command shall consult with Summer Tuesday, Inc Board of Directors to determine that appropriate insurance company notification is made on a timely basis. 6. Damaged property shall be removed only after Police Department officials have concluded their investigation and approved the removal. (e.g. automobile towed or pushed out of a public street.) 7. Event day personnel shall always give their name, address and telephone number so that appropriate insurance investigators may follow up on property damage investigations. Incident Report Forms are completed where necessary. 8. The protocol above dealing with personal injuries shall apply to property damage with respect to any communications with the press. No such communications are authorized by event day volunteers or staff except by the SHF President or Summer Tuesday, Inc Board of Directors. WATER ACTIVITY PROTOCOL For the Pumpkin Regatta 1) We will have a scuba diver in the water at all times. The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 6 2) We will have 2 private safety boats on hand as an extra precaution. 3) Lakeview Hospital will have an ambulance on site during the Pumpkin Regatta. Immediate notification of the Emergency Service/Police shall be made using "911". The caller must make note of the exact location of the incident. The event official discovering the incident should keep a visual if possible of the injured person and designate one person to make the telephone call. We anticipate rapid response of emergency personnel with the 4 emergency responders listed above. OTHER INCIDENTS CRIMINAL ACTIVITY/FIRE 1. In the event of imminent danger to participants, volunteers, or spectators immediate notification of the Emergency Service/Police shall be made by the event volunteer first noticing the incident by telephoning "911". The caller needs to make specific note of the location of the incident. 2. In the event the police have been notified, the event volunteer shall stay at the site, unless in immediate danger until the police/fire arrive and assist in making an official assessment and report. 3. The event day volunteer shall report to his/her supervisor (Head of Command, Board of Directors or Volunteer Director) the incident, describing it in detail and taking names, addresses, and telephone numbers of any witnesses. 4. The Site Supervisor (Head of Command, Board of Directors or Volunteer Director) shall take action to correct the situation and/or notify Head of Command using the radios or cell phones. 5. When appropriate, a full report shall be made by the event volunteer and his/her supervisor to the Head of Command. 6. The Head of Command or Summer Tuesday, Inc Board of Directors will assure that appropriate follow up action is taken including timely notification of the insurance company if appropriate. 7. Event day personnel shall always give their name, address and telephone number so that appropriate follow actions can be taken. Incident Report Forms shall be completed where necessary. The protocol above dealing with incidents shall apply with respect to any communications with the press. No such communications are authorized by event day volunteers or staff except by Summer Tuesday, Inc Board of Directors. MAJOR EVENT PROTOCOL SUMMER TUESDAY, INC. - STILLWATER HARVEST FEST (SHF), in compliance with current HIPAA laws, has created the following protocol regarding major incidences including a death. During the Event 1. During and after the initial incident, regular Emergency Protocol should be followed including completing Incident Reports. Remember, do not talk with the media. The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 7 2. Persons shall notify the Head of Command and the Summer Tuesday, Inc Board of Directors of the incident. The notified individual will then in turn convene a meeting of all available from this list to discuss next steps. 3. If paging the family is necessary the family name will be paged to go to the Info Tent located near the Water Street Inn in the parking lot just west off of Mulberry St. Either the Head of Command or designee will notify the Info Tent personnel to call them when family members have arrived. 4. In order to accommodate additional family members that may arrive at area after the initial paging is complete, the procedure will be to escort them to the Emergency Personnel where more information is available. 5. Only Summer Tuesday, Inc Board of Directors or Head of Command may speak with the media regarding the incident. A formal statement will be drafted, and a press release will be created by the Head of Command with help from the Summer Tuesday, Inc Board of Directors and/or police/fire. AFTER THE EVENT 1. The Head of Command will follow up with all involved parties by Tuesday following the event to collect Incident Reports. 2. Any additional contact with the media will be through Summer Tuesday, Inc Board of Directors only. 3. The SHF staff will schedule debriefing sessions to be conducted within 2 weeks of the incident if possible. WEATHER INCIDENT The purpose of this SHF Severe Weather Plan is to provide the maximum possible safety, security, and emergency assistance to attendees, entertainers & event volunteers participating in the festival, should a severe weather event occur. CONCEPT OF WEATHER PROTOCOL The National Weather Service provides as much early warning as possible for adverse weather conditions. Summer Tuesday, Inc will work with Emergency Services on a plan of how the weather will be monitored. Depending on the nature of the possible threatening weather, a "What to do" decision will be made by Emergency Services (Police/Fire) along with the Head of Command. Any communications made publicly regarding weather and public safety will be done by Police. GENERAL WEATHER INFORMATION 1. If an evacuation of the event is imminent, the Police/Fire will notify Head of Command to help with the evacuation. The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 8 2. The safety of the volunteers as well as participants and spectators is of primary importance. The volunteers need to take shelter in their cars, Water Street Inn, or nearby businesses in the event of dangerous conditions. 3. Any communications with the press regarding a weather related incident shall be made by the Summer Tuesday, Inc Board of Directors or Stillwater Police. SUMMER TUESDAY, INC. - STILLWATER HARVEST FEST (SHF) volunteers are not authorized to talk to the press. Communication between members of the public, attendees or other Volunteers about any emergency incident should be limited to instructions or other communications relating to how to deal with a situation. Event day personnel are asked not discuss incidents between or among themselves, their family members or other event day volunteers except on a "need to know basis" to complete Emergency Services' injury reports or other forms, or otherwise to answer questions of the Head of Command, or Summer Tuesday, Inc Board of Directors. 4. Event personnel shall always give their name, address and telephone number so that appropriate investigators may follow up. 5. Any requests for interviews of statements from investigators or insurance personnel shall be referred to Summer Tuesday, Inc Board of Directors. 6. External messaging to SHF website, media partners and other media outlets will be created and distributed by Summer Tuesday, Inc Board of Directors and Head of Command. SEVERE WEATHER GUIDELINES The following protocol will be used at the various levels of escalation as it relates to the following weather-related conditions: Hail, lightning, flat -line winds, or tornado. A. The National Weather Service includes the possibility of severe weather the evening before the event. a. Emergency Services or Head of Command notifies Summer Tuesday, Inc b. No other action taken B. The National Weather Service includes the chance of severe weather for the day of the event. a. Emergency Services and Head of Command will be responsible for monitoring weather the day(s) of the event. Police will also monitor weather for public safety. b. Emergency Services notifies Head of Command c. Head of Command notifies Summer Tuesday, Inc Board of Directors d. Head of Command, Summer Tuesday, Inc and Volunteer Directors familiarize themselves with their emergency plan e. No other action is taken C. The National Weather Service issues a Severe Weather Watch for Washington County a. Emergency Services notifies Head of Command b. Stillwater Emergency Services (Police/Fire) discusses the potential with the Head of Command and Summer Tuesday, Inc. Board of Directors c. Summer Tuesday, Inc notifies Volunteer Directors The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 19 d. Volunteer Directors to notify affected parties such as volunteers and vendors of potential severe weather and discuss emergency plan e. No other action taken D. The National Weather Service issues a Severe Weather Warning for Washington County a. Emergency Services notifies Head of Command b. Stillwater Emergency Services (Police/Fire), on site Weather Observer, Head of Command and Summer Tuesday, Inc Board of Directors to review storm track to determine if severe weather is imminent for event are; if so, time of weather event is determines. i. If severe weather will not affect the Lowell Park and downtown area or outlying areas (i.e. parking lots) 1. Notify Committee head or designee 2. Police makes a general announcement if some type of weather is still expected and to what degree to reassure attendees if deemed necessary by Emergency Services (Police/Fire). 3. No other action ii. If severe weather is tracking towards the Lowell Park and downtown or outlying areas, adverse weather is imminent: 1. Imminent weather will suspend activities, concert, etc... 2. Summer Tuesday, Inc to notify Volunteer Directors 3. Emergency Services (Police/Fire) along with Security will enact evacuation plans for their area. Parties will enact a sweep of event area from outside moving in to clear out. 4. Police to announce to the general public of impending severe weather. Announcement should follow along these lines: "We have been notified that severe weather to include high winds and potential hail (or whatever is projected) is moving our direction and we are suspending the concert/event until further notice." 5. Summer Tuesday, Inc to inform Volunteer Directors of the likelihood of threat and any action that is needed 6. Volunteer Directors to inform general volunteers and enact evacuation plan *The Water Street Inn has agreed to be an evacuation center. ALL CLEAR 1. Head of Command working with Stillwater Emergency Services will give the all clear 2. Head of Command will notify Summer Tuesday, Inc 3. Summer Tuesday, Inc will notify Volunteer Directors 4. Volunteer Director along with Summer Tuesday, Inc will notify general volunteers 5. Resume normal operations as soon as possible EVACUATION PLAN A. If a full evacuation is mandated, individuals close to the following shelters: Water Street Inn will be opened and available. B. The appointed manager on duty will open their doors to direct people in an orderly manner. The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 10 C. Attendees are responsible for either taking refuge in one of the buildings they are directed to, or proceed by foot or transport and exit the premises in his or her vehicle. D. Once the ALL CLEAR is given, Volunteer Director & Summer Tuesday, Inc, will notify the volunteers to resume their duties. E. Volunteers and support members should be the first to be notified and be the first back to the park and event venue HEAT -RELATED WEATHER PROCEDURE According to the National Weather Service (NWS), heat is the number one weather-related killer in the United States. NOAA National Weather Service statistical data shows that heat causes more fatalities per year than floods, lightning, tornadoes, and hurricanes combined. According to the NWS, a heat advisory is issued when the heat index is forecast to reach 110 degrees or higher for two hours or more. The "Heat Index", sometimes referred to as the "apparent temperature" and given in degrees Fahrenheit, is a measure of how hot it really feels when relative humidity is added to the actual air temperature. Quick Tips for Responding to Excessive Heat Events (EHE) Do • Minimize direct exposure to the sun — utilize sunscreen • Utilize Misting tents or stations at the event • Stay hydrated — regularly drink water or other nonalcoholic fluids • Eat light, cool, easy---to---digest foods such as fruit or salads • Wear loose fitting clothing, light ---colored clothes • Check on older, sick, or frail people who may need help responding to the heat • Know the symptoms of excessive heat exposure and the appropriate responses Don't • Direct the flow of portable electric fans toward yourself when room temperature is hotter than 90°f • Leave children and pets alone in cars for any amount of time • Drink alcohol to try to stay cool • Eat heavy, hot, or hard---to---digest foods • Wear heavy, dark clothing SIGNS AND SYMPTOMS OF HEAT RELATED ILLNESSES: • Cramps: Typically first sign of illness. (Most often seen after exertion) • Heavy sweating • Involuntary spasm of the large muscles in the body • Treatment o Move to cool location o Drink plenty of water or electrolyte fluids (Gatorade) o Slowly stretch cramping muscles o Activate on ---site EMS if signs & symptoms do not subside Heat Exhaustion: The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 11 Notify on-site Medical Personnel in Info Tent (left untreated, may lead to Heat Stroke) • Heavy sweating • Weakness • Cold, pale, and clammy skin • Fast, weak pulse • Nausea or vomiting • Headache, Confusion or Fainting • Treatment —focus on cooling and rehydration o Move to cool location o If able to drink fluids, small sips of water or electrolyte fluids (Gatorade) o If not done already — activate on ---site EMS for further assessment Heat Stroke: Notify on-site emergency services via Channel 1 or 911 (**This is a true medical emergency —immediate cooling will be necessary) • High body temperature (above 103° F)* • Hot, red, dry or moist skin • Rapid and strong pulse • Confusion and unconsciousness • Treatment — focus on immediate and aggressive cooling o Move to cool location — DO NOT DELAY OTHER COOLING MEASURES o Remove or loosen clothing o Apply copious amounts of cool or tepid water to the skin o Fan the victim to promote sweating and evaporation o Place ice packs under armpits and groin o If not already done — activate on-site emergency services for further assessment. SITE SUPERVISOR EMERGENCY PROTOCOL Site Supervisor Chain of Command List Head of Command — in command of entire event Summer Tuesday, Inc Board of Directors — 2nd in command of entire event Volunteer Directors — in command of general volunteers General Volunteers — in command of info booth(s) Supervisor determines if the situation poses an immediate safety hazard to self, volunteers, spectators or participants. If yes, have authorities been called? 1. Supervisor determines if a medical situation is present. If yes, has Head of Command been contacted? 2. Supervisor determines if incident requires police presence. If yes, have police been contacted? 3. Supervisor contacts appropriate Event Official: • Emergency Services (911) — only in event of emergency • Head of Command (Channel 1 or 651.587.8970) The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 12 • Summer Tuesday, Inc Board of Directors o Cassie McLemore Channel 1 651-587-8970 o Cory Buettner Channel 1 651.295.4725 o Chuck Dougherty Channel 1 612.414.0865 5. Supervisor takes appropriate action to stabilize or correct the situation. 6. Supervisor records facts regarding situation including names and number of witnesses. Incident Report Form completed where necessary. 8. Supervisor stays involved until relieved by Directors. 9. The Summer Tuesday, Inc Board of Directors, or Head of Command determines next steps based on information from security and witness. 10. SUMMER TUESDAY, INC. - STILLWATER HARVEST FEST (SHF) Event Officials analyze: • Current Situation • Conduct Emergency Situation Analysis (attached). • Write down facts (see attached security report). • Determine fact -update schedule. GENERAL VOLUNTEER EMERGENCY CHECKLIST 1. Assess situation 2. Use general radio to contact Volunteer Director - If Volunteer Director doesn't respond call their cell #. If still no answer, move up the chain of command. If an emergency and no response through radio, dial 911. - All info booths should be furnished with at least one personal cell phone furnished by volunteer group in charge of info booth. This is simply for emergency purposes. 3. Document incident (use Incident Report if possible) 4. Do not talk to the Media! Contact your Supervisor if Media is in the area. • CONTACTS Police — Fire — Medical 911 Cassie McLemore, Head of Command Channel 1 651.587.8970 Summer Tuesday, Inc Board of Directors o Cassie McLemore Channel 1 651.587.8970 o Cory Buettner Channel 1 651.295.4725 o Chuck Dougherty Channel 1 612.414.0865 • Volunteer Director - GENERAL VOLUNTEER DIRECT SUPERVISOR/S — contact 1st! o Laura Serier Channel 1 651.808.8264 The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 13 ON-SITE EMERGENCY SITUATION ANALYSIS Conducted by SUMMER TUESDAY, INC. - STILLWATER HARVEST FEST (SHF) management at each incident 1. What occurred? 2. Where at the event? Tent? 3. Who is involved? Sponsor? Spectator? Volunteer? Child or adult? Get names of all of the above. 4. Are all persons accounted for? 5. Number of spectators? Where are they? 6. Have emergency vehicles been called? 7. Injuries/Deaths Number of injuries? Weapons? Number of deaths? Have victims been taken to hospital? Which hospital? Who are victims - Sponsor, Spectator, Volunteer, Media, Child or Adult? Have families been contacted? By whom? When? 8. Determine other areas within the event area that are connected with emergency. Does area need to be evacuated? Is everyone in a safe area now? If not, have security evacuate immediate area. 9. Media Determine number of media on-site/en route/notified (determine TV/print/photo) Determine spokesperson (same person for duration of crisis) Call and get them on-site (if they are not already) Coordinate how/when that person can be reached by media The information in this document is property of Summer Tuesday, Inc. — Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 14 Determine central, safe location for press updates Determine what areas are safe for media to photograph, if any. 10. Departmental Draft and distribute simple statement for Summer Tuesday, Inc Board of Directors to use in case of media phone inquiries, spectator inquiries. Determine distribution system. Draft statement for SUMMER TUESDAY, INC. - STILLWATER HARVEST FEST (SHF) personnel responsible for communicating with staff, volunteers, media, public and officials. Determine distribution system. LOST CHILD PROTOCOL 1. If you find a lost child or a parent missing a child, keep them where they are and use radio/telephone communication to reach Head of Command/police. 2. Head of Command will use the radio to say "Code 10, check your phone." 3. Head of Command will send a text message that will include descriptive information: name, age, gender, clothing, hair color, last seen, etc. 4. Send designated key volunteer to sweep your area. 5. Reply to text "area cleared" after sweep is complete. 6. Head of Command will attempt to call cell number of parent/child if applicable. 7. All lost children and parents should STAY WHERE THEY ARE! IF TIME EXCEEDS 10 MINUTES PLEASE RELOCATE TO THE INFO TENT! 8. Head of Command will make an "all clear" announcement via radio when situation is resolved. The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 15 INCIDENT REPORT Date: Time: AM PM Event: Location: Persons Involved: (list additional on separate sheet) 1) Name: Address: City: Zip Code: Phone: ( ) Age: Other: 2) Name: Address: City: Zip Code: Phone: ( ) Age: Other: Type of Incident: Accident Assault, Bomb Threat, Fire, Gas Leak, Injury Power Outage, Protest, Theft, Traffic Accident, Vandalism, Weather, Other Description of Incident: The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 16 Was 911 called? Yes No Was the Involved Injured? Yes No (if yes, complete the injury section) Witnesses: (List additional on separate sheet) 1) Name: Phone: ( ) 2) Name: Phone: ( ) 3) Name: Phone: ( ) Description of Injury: Was First Aid Given? Yes No By: Describe aid given (in detail): Person Completing Report: Date: Site Supervisor Name: Follow -Up by Office: The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 17 OTHER IMPORTANT INCIDENT NOTES: The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 18 MEDIA INQUIRIES In the event we have an event day delay or cancellation, we will be issuing the statements below. We ask that you only use this messaging with the public and, if you are asked any further questions, please do not respond. If the media asks a question, refer them to Cassie McLemore at 651.587.8970. In the event of delay or cancellation, please implement phone tree procedures. Do not use the radio to communicate. In the Event of Inclement Weather: DELAY "Due to inclement weather, today's (specific event/s) are delayed. Attendees and volunteers are instructed to seek shelter in their vehicle, Water Street Inn or other nearby business until inclement weather has passed. At that time, participants and all volunteers will be instructed to return to the event grounds to resume the day." "SUMMER TUESDAY, INC. - STILLWATER HARVEST FEST (SHF)'s primary concern is for the safety of the attendees, volunteers, and the community at large. We appreciate your cooperation. " "Official information updates about the situation will be posted regularly as they become available at www.StillwaterLogJam.com, www.facebook.com/StillwaterHarvestFest CANCELLATION "Due to inclement weather, today's (specific event/s) are cancelled. Attendees and volunteers are instructed to leave in their vehicle or seek appropriate shelter in the Water Street Inn or other nearby business. "SUMMER TUESDAY, INC. - STILLWATER HARVEST FEST (SHF)'s primary concern is for the safety of the attendees, volunteers, and the community at large. We appreciate your cooperation." "Official information updates about the situation will be posted regularly as they become available at www.StillwaterLogJam.com, www.facebook.com/StillwaterHarvestFest In Event of Bomb/Terrorism Threat: DELAY (Bomb threat only) "Stillwater police have asked us to evacuate the area. All events today are delayed. We will notify you when it is safe to return to the area." The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 19 "SUMMER TUESDAY, INC. - STILLWATER HARVEST FEST (SHF)'s primary concern is for the safety of the attendees, volunteers, and the community at large. We appreciate your cooperation." "Official information updates about the situation will be posted regularly as they become available at www.HarvestFestStillwater.com, www.facebook.com/StillwaterHarvestFest CANCELLATION Bomb Threat "Stillwater Paul police have asked us to evacuate the area. All events today are cancelled." "SUMMER TUESDAY, INC. - STILLWATER HARVEST FEST (SHF)'s primary concern is for the safety of the attendees, volunteers, and the community at large. We appreciate your cooperation." "Official information updates about the situation will be posted regularly as they become available at www.HarvestFestStillwater.com, www.facebook.com/StillwaterHarvestFest Terrorism "Stillwater police have cancelled all of today's events." "SUMMER TUESDAY, INC. - STILLWATER HARVEST FEST (SHF)'s primary concern is for the safety of the attendees, volunteers, and the community at large. We appreciate your cooperation." "Official information updates about the situation will be posted regularly as they become available at www.HarvestFestStillwater.com, www.facebook.com/StillwaterHarvestFest The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 CONTACT SHEET NAME/TITLE RADIO CHANNEL TELEPHONE 1. Cassie McLemore Channel 1 651-587-8970 Head of Command — Beer & Wine tasting, vendors 1. Laura Serier Channel 1 651-808-8264 Head of Command assistant— kids' activities, kids costume parade, scarecrow contest Volunteer Director, Saturday morning and all day Sunday 3. Cory Buettner Chili Cook Off, Pumpkin Regatta 4. Chuck Dougherty Summer Tuesday, Inc Board of Directors 5. Brandon Lamb Summer Tuesday, Inc Board of Directors Radios Channel 1 Emergency & Head of Command Channel 1 651.295.4725 Channel 1 612.414.0865 Channel 1 651.325.7572 Page 1 20 MEDIA COMMUNICATION — for security DO be polite in all of your dealings with the media; treat them with the same courtesy you extend to attendees, volunteers, and directors. DO ask the reporter of photographer for his or her name, the name of the media organization they work for, and the nature of the inquiry. DON'T volunteer information to media representatives or feel pressured to respond to questions. Always remember to refer media to the Head of Command or Summer Tuesday, Inc Board of Directors. DO offer to locate the Head of Command or spokesperson who can speak with the reporter or photographer. DO ask the reporter or photographer to wait for the Head of Command/SUMMER TUESDAY, INC. - STILLWATER HARVEST FEST (SHF) spokesperson at the Info Tent, or, if safety is an issue, escort the reporter or photographer to another pre -determined waiting area. If necessary, station a guard to prevent media representatives from wandering. The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 21 DON'T forcibly try to prevent the media from doing its job—asking questions and taking pictures. Do not touch a photographer's camera or try to cover the camera lens. If a situation is extremely sensitive, escort the media outside the area and inform those present that SHF policy does not allow media inside the area during crisis situations. Again, offer to locate the Head of Command/Summer Tuesday, Inc Board of Directors, and again, station a guard with the media to prevent representatives from wandering. DO respond to the media by saying something similar to: "Laura Serier, who handles marketing and media for SUMMER TUESDAY, INC. - STILLWATER HARVEST FEST (SHF), would be happy to help you. I'll contact her for you if you would please give me your name, the news organization you're with, and what you need." WHAT TO KNOW ABOUT THE MEDIA Who is the media? The media are print and electronic news gathering organizations. They gather information and present it to their readers, listeners or viewers. Each media outlet wants to get the information to the public before the others. Although aggressive, most reporters are not hostile and do not have a hidden agenda. How can the media help the Event? The media is a legitimate means of communication and provides the Event with the opportunity to show the public what it is. The media is interested in the Event as a human interest, peek at what Minnesotans are doing on the weekend, etc. story. Although a crisis situation appears to be a time when the media is not wanted, it can actually be a very positive opportunity for the Event to portray its image as a caring entity within the community. How do the media respond so quickly? Most media outlets have police radio scanners; as soon as the police are called to the scene of a crime, news organizations are aware of the situation, have the location of the incident, and the basic information as to the nature of the incident—at the same time police do. The general public has a fascination with the media and often will call news organization with potential stories. A witness to a crime, or even someone who received poor service, is likely to contact a newspaper or television station to tell their story before reporting it. New organizations have "crews" of reporters and/or photographers who are on the streets in search of news stories. The number of crews available and accessible as well as the location of those crews determines how quickly the media arrives on the scene. For example, if a photographer calls in sick, the station has fewer cameras to send out. On weekends, sports often get the first nod for camera use. What do the media know? That depends on where the information came from initially. Typically, a photographer or news crew that responds to a "spot news" or crime scene has minimal information and needs to gather the information in a timely manner so that the correct information is presented to the public. For the Event, the media is familiar with the event through press kits and press releases, as well as their own experiences at the event as a runner or spectator. Why can't security talk to the media? The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 Page 1 22 It is very important that the event day staff assess a situation and determine what media response, if any, is appropriate. In addition, that response must be clearly thought out and clearly presented so that there is no room for error on the part of the media. Legal issues also need to be assessed before information is disseminated. What if the media becomes intrusive? If the security personnel (the first people the media should come in contact with at the event) are polite and firm, it is doubtful that any photographer would be belligerent. However, if the camera is on and a microphone put in a security guard's face, the security guard should remain calm and state that information will be made available as soon as possible. Then, escort them to the pre -determined media gathering spot and contact Cassie McLemore, Head of Command. GENERAL INFORMATION AND NOTES The information in this document is property of Summer Tuesday, Inc. —Stillwater Harvest Fest and is confidential and proprietary. 9/06/2016 © SUMMER TUESDAY, INC. —STILLWATER HARVEST FEST (SHF) 2016 r.A.G MINNE'�O A OCPal1Tn Esi CF Pi13L Alcohol & Gambling Enforcement Name of organization Scmr►1er Address Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, S. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FORA 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE /©/ G J 41 5IY`t r- Soli Name of person malting application C.X r it 5 ra , e r lt� aty Date organized EIVED AUG 2 2016 BY: 01-1442.01( ,57- /4-4 re -1 Date(s) of event Cc r- cs, /g Organization officer's name Cc) - y a' - Organization officer's name ..51e- "We Le rlio ve Org zation officer's name Organization officers nam / rre Lora//erm wction where pit. 1 be u i•se G (4 Sate Tax exempt number MN Business phone V1/- 439 - „oras Type of organization ❑ Club ❑ Charitable ❑ Faligious Other non-profit Qty Sate Zp Code Zp Code Home phone 6/z. a/4/- 0F65 5t7//& )&7 -w Oty aty MN Sate MN Sate MN Sate MN . if an outdoor area, describe. ‘sT //v-4Dr /leg/ 77 c z bo 15oF Zp Code Zp Code Zp Code If the applicant will oontr for intoxicating liquor service give the name and address of the liquor license providing the service. i✓e e t- (.. ,Ke' 7 A 577# g 0rG•✓c -- 9— 4%/4e ).—f4 4-.a 47,4 If the applicant will carry liquor liability insurance please provide the carriers name and amount of coverage. JZDAP, o®v %4U7-, " C/.'4?Gf- 75e1r-4nG•c APPROVAL AF JCAT11ONIvtUSfBEAFPRO EDBYaTYOR000NTY EEFORE SJeMIrnNGTOALCOHOL AND G4MElJNGBVFORCEMBVT iy or County approving the license aid)i, P1V612 FeeA unt Pato Approved Permit Date Date Fee Paid aty or County C mail Address Oty or County Phone Number Sgnature aty aerk or aunty Official Approved Director Alcohol and Gambling Enforcement CLIR<SNO110E Submit thisform to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBM ISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVI DE A VALID EMAIL ADDRESS FOR THE CITY/COUNTY ASALL TEMPORARY PERM I T APPROVALS VV1 LL BE SENT BACK VIA EMAIL. E-MAIL THEAPPLICAT1ON SIGNED BY CITY/COUNTY TO AGETEMPORARYAPPLICATIONt TATEMN.US MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: September 7, 2016 Subject: Cooperative Agreement for Traffic Signal and Pedestrian Improvements DISCUSSION: Washington County (County) has sent over for City approval the Cooperative Agreement for the Design and Construction Costs of Traffic Signal and Pedestrian Improvements in the City of Stillwater. Improvements are planned for signals on County Road 5 at Orleans and Curve Crest Boulevard and at Market Drive and Curve Crest Boulevard. The agreement lists responsibilities of the City and the County for the traffic signal improvements and mainly consists of the County designing and constructing the project and the City paying its share in the cost for the work only at the signal on Market Drive and Curve Crest Boulevard. Improvements to the traffic signal at Curve Crest and Market Drive include; signal painting, addition of flashing yellow arrows, adding emergency vehicle preemptive system (EVP), and pedestrian ramps, Audible Pedestrian Signals (APS) and signal cabinet replacement. Bids were opened September 6th and the City costs for construction amounts to $198,000. This was $40,000 lower than the engineer's estimate. The total estimated cost for the city including Project administration and construction is $222,500.00 The City would use monies from our Municipal State Aid account to pay for the project RECOMMENDATION Staff has reviewed the Cooperative Agreement and recommends approval. ACTION REQUIRED If Council agrees with the recommendation they should pass a motion approving the COOPERATIVE AGREEMENT FOR THE DESIGN AND CONSTRUCTION COSTS OF TRAFFIC SIGNAL AND PEDESTRIAN IMPROVEMENTS IN THE CITY OF STILLWATER. APPROVING COOPEARTIVE AGREEMENT BETWEEN CITY OF STILLWATER AND WASHINGTON COUNTY FOR THE DESIGN AND CONSTRUCTION COSTS OF TRAFFIC SIGNAL AND PEDESTRIAN IMPROVEMENTS IN THE CITY OF STILLWATER WHEREAS, an agreement to improvement traffic signals in the City of Stillwater on County Road 5 at Orleans and Curve Crest Boulevard and at Market Drive and Curve Crest Boulevard has been prepared and presented to the City. 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 City Clerk to execute said agreement. Adopted by the City Council this 20th day of September 2016. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk COOPERATIVE AGREEMENT BETWEEN THE CITY OF STILLWATER AND WASHINGTON COUNTY FOR THE DESIGN AND CONSTRUCTION COST OF TRAFFIC SIGNAL AND PEDESTRIAN IMPROVEMENTS IN THE CITY OF STILLWATER WASHINGTON COUNTY CONTRACT NO. 9876 DEPT PUBLIC WORKS DIVISION TRANSPORTATION TERM SIGNATURE - COMPLETION THIS AGREEMENT, by and between the City of Stillwater, a municipal corporation, herein after referred to as the "City," and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County." WITNESSETH: WHEREAS, the County and the City desire to improve transportation infrastructure along County State Aid Highway No. 5 (Stillwater Blvd) at its intersections with Curve Crest Boulevard, hereinafter referred to as System A, and at Orleans Street/Wild Pines, hereinafter referred to as System C, in the City of Stillwater to improve traffic operations and pedestrian accessibility; and WHEREAS, the City desires to include similar improvements at the city -owned intersection of Curve Crest Boulevard with Market Blvd, hereinafter referred to as System B; and WHEREAS, items included in the construction contract require City and County cost participation in accordance with the "County Policy for Cost Participation Between Washington County and Other Agencies for Cooperative Highway Improvement Projects"; and WHEREAS, the City and County each desire to utilize State Aid funds for these improvements; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the construction of these transportation improvements; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this agreement and Exhibit A (Location Map) and Exhibit B (Engineer's Estimate and Cost Splits). B. PLANS AND SPECIFICATION PREPARATION The County shall be responsible for the preparation of all the plans and specifications for the project, including but not limited to, compliance with all applicable standards and policies and obtaining all approvals required in formulating the bid specifications for all County and City components of this Project. C. ADVERTISEMENT AND AWARD OF CONTRACT After plans and specifications have been approved by the County and all permits and approvals obtained the County shall advertise for construction bids and at the sole discretion of the County award the contract to the lowest responsible bidder. Page 1 of 5 R:\10504 TH 5 Turnback Signal Upgrades\10504 CSAH 5 - Stillwater\Agreements\CityCooperativeAgreement-Design (Final 9-7-16).docx D. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING The County shall be responsible for the construction administration, inspection, and for the observation and testing for all roadway -related construction items. E. COST PARTICIPATION ITEMS AND ESTIMATED COSTS 1. The City will pay the County one third of the County's incurred design costs for the overall project since one of the three included traffic signals is city -owned. The City's portion of the design cost is estimated to be $8,000. 2. The City will pay the County 100% of the cost of any County -provided materials necessary for the improvements to System B, including but not limited to a new mast arm, control cabinet, control equipment, and county labor to assemble the control cabinet. This cost is estimated to be $42,000. 3. The City will pay the County 8% of the construction subtotal (including County -Provided Equipment) for System B as its portion of the project administration and construction inspection costs. This cost is estimated to be $16,500. 4. The overall estimated project costs are split as summarized in Table 1 below. Actual construction costs shall be determined at the conclusion of the project and will be based on the contractor's unit process and the quantities constructed. TABLE 1 Summary of Estimated City and County Project Cost Shares ITEM CITY COST Project Design Construction Cost — System A Construction Cost — System B Construction Cost — System C $8,000 $0 $156,000 COUNTY COST $16,000 $143,000 $0 $0 $143,000 County -Provided Equipment — System A $0 $46,000 County -Provided Equipment — System B $42,000 $0 County -Provided Equipment — System C CONSTRUCTION SUBTOTAL $0 $206,000 Project Admin & Construction (8% of Construction Subtotal) $16,500 $46,000 $394,000 $31,500 TOTAL ESTIMATED COST $222,500 $425,500 PAYMENT 1. After the County has awarded the construction contract, Exhibit B will be updated to reflect the actual contractor's unit prices and will submit a copy of the revised summary to the City. Upon receipt of the revised summary, the City shall pay to the Treasurer of Washington County an amount equal to 10 percent of the City's estimated construction cost. Page 2 of 5 R:\10504 TH 5 Turnback Signal Upgrades\10504 CSAH 5 - Stillwater \Agreements\CityCooperativeAgreement-Design (Final 9-7-16).docx 2. During construction, the County shall submit to the City an estimated cost of the partial work performed by the Contractor. Upon receipt of this estimated cost, the City shall pay to the County its prorated share of the cost of the partial work performed as determined in Section E of this Agreement. 3. Upon substantial completion of the work the County shall prepare an updated revised estimate of cost participation breakdown which will be based upon the contract unit prices and the actual units of work performed and submit a copy to the City. The project administration and engineering costs to be paid to the County by the City shall be based on this final construction cost. The County shall add to the City's final construction costs the administrative and engineering costs, the costs of supplemental agreements, if any, make necessary adjustments for liquidated damages, if any, and deduct City funds previously advanced for the project by the City. 4. In the event that the City paid more in advance than the actual cost of the City's portion of the project, the County shall refund without interest the amount to the City. 5. The City shall pay invoices within 30 days of receipt. G. CONTRACT CHANGES 1. Any modifications or additions to the final approved plans and/or specifications shall be made part of the construction contract by a contract change, but, for System C, only after concurrence the City Engineer, and shall be paid for as set forth in Section E of this Agreement. 2. Through written request, the City may request changes to the final approved plans and/or specifications. H. MAINTENANCE/OWNERSHIP AGREEMENTS The County and City have existing maintenance and ownership agreements for all three project intersections which shall remain fully in force both through and after completion of this project. LIQUIDATED DAMAGES Any liquidated damage assessed the contractor in connection with the work performed on the project shall be shared by the City and the County in the following proportion: The respective total share of construction work to the total construction cost without any deduction for liquidated damages. J. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through levy on County -owned property. K. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor, subcontractor, or material suppliers. L. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction Page 3 of 5 R:\10504 TH 5 Turnback Signal Upgrades\10504 CSAH 5 - Stillwater Agreements\CityCooperativeAgreement-Design (Final 9-7-16).docx engineering work or services required or provided for under this agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. M. INDEMNIFICATION 1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, Toss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. la(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. la. 4. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). [This area intentionally left blank] Page 4 of 5 R:\10504 TH 5 Turnback Signal Upgrades\10504 CSAR 5 - Stillwater\Agreements\CityCooperativeAgreement-Design (Final 9-7-16).docx N. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. IN TESTIMONY WHEREOF the parties have duly executed this Agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF STILLWATER County Board Chair Date Mayor Date Molly O'Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date Page 5 of 5 R:\10504 TH 5 Turnback Signal Upgrades\10504 CSAH 5 - Stillwater\Agreements\CityCooperativeAgreement-Design (Final 9-7-16).docx o 7 =h tiQ yJ m z STILLWATER Signal Systcm A „e BREWERS GI LONG Lq KE DR Signal System C ,42 FOREST 3"o LAKE 53j SCANDIA HUGO MA's' 'I'O W NISI I EP SFILL.WATl411, 10L4 NS 61 GRANT ORLEANS S1 W Signal System B Q� CURVE CREST BLVD FOi y 3, TOWER DR HWY•)6 ANSI ST OAK PARK HEIGHTS WOODBURY AFTON CSAH 5 - Stillwater This map Is the result of a compeadall and rap mduchon of land records as Nay appear in various Washirpon County cakes This map should he used for telerance porposee only. Washington County la not responsible ler any inaccuracies sI PAUL ti I'AKK 1 — COTTAGE DENMARK GROVE TOWNSHIP 14) EXHIBIT A Road Classification INTERSTATE HIGHWAY ............» U.S. TRUNK HIGHWAY ,....»....e) STATE TRUNK. HIGHWAY ......... ........... ..._ 111 COUNTY STATE AID HIGHWAY COUNTY ROAD Scale 1:260,000 0 1 2 4 6 8 Miles Washington Count'y CSAH 5 - Stillwater FYA Upgrades Project Estimated Costs and Quantities CSAH 5 - Curve Crest Boulevard Washington County (City of Stillwater) Prepared by JMG (SEH) on August 2, 2016 SAP SAP SAP SAP SAP SAP Estimated Estimated Estimated 082-605-015 082-605-015 169-112-013 169-112-013 169-124-003 169-124-003 Item No. Item Unit Quantity Unit Cost Total Cost Quantity Est Cost Quantity Est Cost Quantity Est. Cost 2021.501 Mobilization Lump Sum 1 524,000 524,000 0.66 516,000 0.17 $4,000 0.17 $4,000 2102.501 Pavement Marking Removal Sq. Ft. 2070 $8 516,560 1458 511,664 306 $2,448 306 52,448 2104.501 Remove Curb and Gutter Lin. Ft 600 $15 $9,000 384 $5,760 108 $1,620 108 $1,620 2104.503 Remove Bituminous Walk Sq. Ft. 955 $4 $3,820 955 $3,820 2104.503 Remove Concrete Walk Sq. Ft. 3086 $6 $18,516 2114 $12,684 486 $2,916 486 $2,916 2104.603 Remove & Replace Bituminous Pavement Lin. Ft. 626 $25 $15,650 410 $10,250 108 $2,700 108 52,700 2521.618 Concrete Walk Sq. Ft. 5182 $10 $51,820 3687 536,870 747.5 $7,475 747.5 $7,475 2531.603 Concrete Curb & Gutter Lin. Ft. 590 $40 $23,600 374 $14,960 108 $4,320 108 54,320 2531.618 Truncated Domes Sq. Ft. 312 $50 $15,600 192 $9,600 60 $3.000 60 53,000 2563.601 Traffic Control Lump Sum 1 $9,000 $9,000 0.66 $6,000 0.17 $1,500 0.17 51,500 2565.513 Emergency Vehicle Preemption System "A" Lump Sum 1 58.000 58,000 1 $8,000 2565.513 Emergency Vehicle Preemption System "B" Lump Sum 1 58,900 $8,900 0.5 54,450 0.5 $4,450 2565.513 Emergency Vehicle Preemption System "C" Lump Sum 1 $8,100 $8,1001 $8,100 2565.601 Paint Signal System "A" Lump Sum 1 $8,000 $8,000 1 58,000 2565.601 Paint Signal System 'Er Lump Sum 1 58,000 58,000 0.5 $4,000 0.5 $4,000 2565.601 Paint Signal System "C" Lump Sum 1 $8,000 $8,000 1 $8,000 2565.616 Revise Signal System "A" System 1 559,000 $59.000 1 $59,000 2565.616 Revise Signal System '8" System 1 5103,500 $103,500 0.5 551,750 0.5 $51,750 2565.616 Revise Signal System "C" System 1 $81,500 $81,500 1 $81,500 2582.503 Crosswalk Epoxy Gr In Sq. Ft. 2394 $5 $11,970 1422 $7,110 486 $2,430 486 $2,430 Total Estimated Construction Costs Add County Fumished Items (Cabinets, LEDs) Total Estimated Project Costs $492,536 5307,318 $92,609 $92,609 $142,000 $92,000 $25,000 $25,000 5634.536 5399,318 5117,609 $117,609 EXHIBIT B Engineer's Estimate Date: TO: sri Iwatei September 15, 2016 Mayor and Council Administration ) FROM: Robert Benson, Manager of Board of Water Commissioners Diane Ward, City Clerk SUBJECT: Agreement of Assessment and Waiver of Notice, Hearing and Appeal for Water Service Line Repairs DISCUSSION: Water service line repairs were completed by contractors and billed to Board of Water Commissioners for the following properties: 5 River Crest Lane 909 Williams Street N 804 Laurel Street W 422 William Street N These costs are now in default of the agreement. An Agreement of Assessment and Waiver of Notice, Hearing and Appeal for Water Service Line Repairs has been signed by all property owners therefore a public hearing is not required. RECOMMENDATION Board of Water Commissioners recommends that Council adopt resolution a resolution entitled "Resolution adopting assessment for water service improvements for various address within the City (L.I. 412) RESOLUTION 2016-177 RESOLUTION ADOPTING FOR WATER SERVICE FOR VARIOUS RESIDENT PROJECTS (L.I. 412) WHEREAS, a Water Repair Service Agreements have been executed relating to the following addresses: 5 River Crest Lane 909 Williams Street N 804 Laurel Street W 422 William Street N WHEREAS, the agreement for this water repair is in default. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF STILLWATER, MINNESOTA: 1. Such assessment, 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 2. 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. 3. Such assessment shall be payable in equal annual installments extending over a period as stated below: ADDRESS GEO Code Amount Term Interest Rate 5 River Crest Lane 2103020420040 $2,418.60 2 yrs. 3.0% 909 Williams Street N 2803020210030 $4,850.00 3 yrs. 3.0% 804 Laurel Street W 2803002230049 $12, 908.50 7 yrs. 3.0% 422 William Street N 2803020330051 $10,990.15 6 yrs. 3.0% 4. 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 as stated above on the unpaid balance for the predetermined years above. 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 Board of Water Commissioners. 5. 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 Stillwater City Council this 20th day of September, 2016. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk AGREEMENT OF ASSESSMENT AND WAIVER OF NOTICE, HEARING, AND APPEAL THIS AGREEMENT, is made this .214 day of RUSu St 2016, between the City of Stillwater, State of Minnesota, hereinafter referred to as the City and Joan Deleon of Washington County, State of Minnesota hereinafter referred to as owner. In consideration of the action of the City Council, at the owner's request, to cause the construction of Water Service we, the owners of real property at 5 River Crest Ln having a GEO code of 2103020420040 , hereby petition that such property be imer pur nt to Minnesota Statutes, Chapter 429, and that the City of Stillwater assess $ 3-8e O0 t e cos ?the improvement against our property described below, and we hereby agree to pay $ 3,3&G:80 for such improvements over a period of 2 years at 3.0% per annum on the unpaid balance. oZ Ski R- 10 O' % - Owner expressly waives the requirement to notice and a hearing, and further waives objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts. NOTE: PROPERTY OWNED IN JOINT TENANCY SHOULD BE SIGNED BY EACH OWNER -.1-DQvJ JeLo Print me ) Off/ Signa re Address: 5 River Crest Ln STATE OF MINNESOTA COUNTY OF "a51% In testimony whereof, .SOok., oeiebr. hand, the day and year first above written. Print Name Signature MICHAEL JON _JNGuE'✓ILLc Notary PuDIIC Minnesota My Comm. Expires Jan 31 2020 and has hereunto set his/her/their D OF WATER COMMISSIONERS Steve S. Speedlin;'President ATTEST Robert G. Benson, Manager Notary Public CITY OF STILLWATER Thomas McCarty, City dministrator AT EST_ Diane F. Ward, City Clerk AGREEMENT OF ASSESSMENT AND WAIVER OF NOTICE, HEARING, AND APPEAL THIS AGREEMENT, is made this day of2010, between the City of Stillwater, State of Minnesota, hereinafter referred to as the City nd Zeke Smith of Washington County, State of Minnesota hereinafter referred to as owner. In consideration of the action of the City Council, at the owner's request, to cause the construction of Water Service we, the owners of real property at 909 William St. N having a GEO code of 2803020210030 , hereby petition that such property be improved pursuant to Minnesota Statutes, Chapter 429, and that the City of Stillwater assess $ 4,850.00 as the cost of the improvement against our property described below, and we hereby agree to pay $ 4.850.00 for such improvements over a period of 3 years at 4.&% per annum on the unpaid balance. Owner expressly waives thexerlu�ent to notice and a hearing, and further waives objectiunlo any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts. NOTE: PROPERTY OWNED IN JOINT TENANCY SHOULD BE SIGNED BY EACH OWNER Address: 909 William St. N STATE OF MINNESOTA ) COUNTY OF 015A1 » j s.s. In testimony whereof, Ze kt Sir, : r'% and S,,.,..° 114 has hereunto set his/her/their hand, the day and year first above written. NANCY MANOS NOTARY PUBLIC MINNESOTA My Commission Expees Jan 31 2020 O,D OF T R COMMISSIONERS e S. Speedling, P esident� ATTEST Robert G. Benson, Manager Public CITY OF STILLWAT Thomas McCarty, Administrator AT ST 26)146e—, Diane F. Ward, City Clerk AGREEMENT OF ASSESSMENT AND WAIVER OF NOTICE, HEARING, AND APPEAL THIS AGREEMENT, is made this 07 day of( -LC* 2016, between the City of Stillwater, State of Minnesota, hereinafter referred to as the City and Stillwater Collision & Restoration of Washington County, State of Minnesota hereinafter referred to as owner. In consideration of the action of the City Council, at the owner's request, to cause the construction of Water Service we, the owners of real property at 804 Laurel St. W having a GEO code of 28030202230049 , hereby petition that such property be improved pursuant to Minnesota Statutes, Chapter 429, and that the City of Stillwater assess $ 12,908.50 as the cost of the improvement against our property described below, and we hereby agree to pay $ 12.908.50 for such improvements over a period of 7 years at 3.0% per annum on the unpaid balance. Owner expressly waives the requirement to notice and a hearing, and further waives objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts. NOTE: PROPERTY OWNED IN JOINT TENANCY SHOULD BE SIGNED BY EACH OWNER i KC m L5 A. C,c List— Print Na ' ignatu Address: 804 Laurel St. W STATE OF MINNESOTA ) s.s. COUNTY OF via:41) In testimony whereof, ,61e and hand, the day and year first above written. NANCY MANOS ll NOTARY PUBLIC - MINNESOTA My Canmissim Expires Jan 31, 2020 Print Name Signature has hereunto set his/her/their D OF WATER COMMISSIONERS Steve S. Speedlin, President ATTEST G- ,, CITY OF STILLWATER ghomas McCarty, City dministrator AT EST Robert G. Benson, Manager Diane F. Ward, City Clerk AGREEMENT OF ASSESSMENT AND WAIVER OF NOTICE, HEARING, AND APPEAL THIS AGREEMENT, is made this 7 day of _� 2016, between the City of Stillwater, State of Minnesota, hereinafter referred to as the City and Tracy Tuenge of Washington County, State of Minnesota hereinafter referred to as owner. In consideration of the action of the City Council, at the owner's request, to cause the construction of Water Service we, the owners of real property at 422 Williams St. N having a GEO code of 2803020330051 , hereby petition that such property be improved pursuant to Minnesota Statutes, Chapter 429, and that the City of Stillwater assess $ 10.990.15 as the cost of the improvement against our property described below, and we hereby agree to pay $ 10.990.15 for such improvements over a period of 6 years at 3.0% per annum on the unpaid balance. Owner expressly waives the requirement to notice and a hearing, and further waives objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts. NOTE: PROPERTY OWNED IN JOINT TENANCY SHOULD BE SIGNED BY EACH OWNER cz � -e-47 Y/ , 1 c7 cr.'s!" Print Name Prin 4 ame / Address: 422 William St. S STATE OF MINNESOTA ) ) s.s. COUNTY OF W&thi ) In testimony whereof,1 Tully hand, the day and year first'above written. Signature ancLA-.nhas hereu-nto set his/her/their RD OF WATER COMMISSIONERS C4 Steve . Speedlin, President as-� Robert G. Benson, Manager / f CITY OF STILLWATER CAITLYN JEAN HALE NOTARY PUBUC - MMINESOTA MY COMMISSION EXPIRES 1/31/21 fi arty, Ci J. Thomas McC Administrator A TEST Diane F. Ward, City Clerk Memo To: Mayor and City Council From: Alison Egger llt Assistant Finance Director Date: 9/13/16 Re: Acceptance of Donations BACKGROUND The City of Stillwater received the following cash donations: • Margaret Rivers Fund for Fireworks - $5,000.00 • The Loft at Studio J for Fireworks - $250.00 • JX Events for Fireworks - $250.00 • Kwik Trip for Fireworks - $200.00 • Acapulco of Stillwater for Fireworks - $300.00 • Cover Park Manor for Fireworks - $250.00 • Water Street Inn for Fireworks - $750.00 • P D Pappy's for Fireworks - $1000.00 • Margaret Rivers Fund for Parks - $7,500.00 • First State Bank for Night to Unite - $200.00 • Lake Elmo Bank for Night to Unite - $50.00 • Midwest One Bank for Night to Unite - $100.00 • Daniel and Lina Raduenz for Bike Safety Rodeo - $100.00 • Niel and Deborah Krueger for Friends of Fire - $500.00 • ABRA Auto Body & Glass for Friends of Fire - $100.00 • Stillwater Firefighters Relief for Friends of Fire - $811.94 • Patrick and Diana Larson for Park Memorial Bench - $1,500.00 • Patrick B Larson Esate for Feese Bench Plaque - $1,500.00 • Dennis Vonasek for Friends of Police - $19.00 • Buetow 2 Architects Inc for Fire Station Dedication Plaque - $500.00 • BWBR for Fire Station Dedication Plaque - $500.00 • Kraus -Anderson Construction Company for Fire Station Dedication Plaque - $500.00 RECOMMENDATION Staff recommends the acceptance of these donations for 2016 Fiscal Year. ACTION REQUIRED If council agrees with staffs recommendation, Council needs to pass a resolution accepting the above donations in compliance with Minnesota Statute 465.03. CC: Sharon Harrison - Finance Director RESOLUTION 2016-178 RESOLUTION ACCEPTING CASH DONATIONS WHEREAS, the City of Stillwater has received the following donations and designations; and • Margaret Rivers Fund for Fireworks - $5,000.00 • The Loft at Studio J for Fireworks - $250.00 • JX Events for Fireworks - $250.00 • Kwik Trip for Fireworks - $200.00 • Acapulco of Stillwater for Fireworks - $300.00 • Cover Park Manor for Fireworks - $250.00 • Water Street Inn for Fireworks - $750.00 • P D Pappy's for Fireworks - $1000.00 • Margaret Rivers Fund for Parks - $7,500.00 • First State Bank for Night to Unite - $200.00 • Lake Elmo Bank for Night to Unite - $50.00 • Midwest One Bank for Night to Unite - $100.00 • Daniel and Lina Raduenz for Bike Safety Rodeo - $100.00 • Niel and Deborah Krueger for Friends of Fire - $500.00 • ABRA Auto Body & Glass for Friends of Fire - $100.00 • Stillwater Firefighters Relief for Friends of Fire - $811.94 • Patrick and Diana Larson for Park Memorial Bench - $1,500.00 • Patrick B Larson Esate for Feese Bench Plaque - $1,500.00 • Dennis Vonasek for Friends of Police - $19.00 • Buetow 2 Architects Inc for Fire Station Dedication Plaque - $500.00 • BWBR for Fire Station Dedication Plaque - $500.00 • Kraus-Anderson Construction Company for Fire Station Dedication Plaque - $500.00 WHEREAS, the Minnesota Statute 465.03 requires donations to be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby accepts the above donations and the designation of funds. Adopted by the City Council of the City of Stillwater, Minnesota this 20th day of September, 2016. CITY OF STILLWATER ATTEST: Ted Kozlowski, Mayor Diane F. Ward, City Clerk H k B I R 1 H P 1 4, k 0 1 MINNESOTA MEMORANDUM TO: Mayor and City Council FROM: Tim Moore, Public Works Superintendant' DATE: September 14, 2016 SUBJECT: Possible Purchase Salt Brine Equipment Background Currently the City of Stillwater Public Works Department has 2 salt Brine tanks and applicators used to pretreat streets prior to expected precipitation. Pretreatment of streets helps delay snow and ice compaction on streets and reduces adherence to pavement for easier and more efficient removal. Staff has built the 2 systems in house and rely on manual application rates to apply the salt brine to the pavement at 30 to 50 gals per lane mile which is very critical. Discussion Staff received 2 quotes for the purchase and installation of a fully automated brine application system. The 1st quote was from TBEI Truck Bodies and Equipment International, Inc. from Lake Crystal for $8875.00 and the second quote was from Truck Utilities Inc. from St. Paul for $9795.00. Both suppliers have performed satisfactory work for the city in the past on the purchase and installation of new equipment and the repair of existing equipment. Staff budgeted $7500.00 for this purchase in Streets Capital Outlay resulting in the low bid being $1375.00 over budget. Public Works has seen some cast savings in the purchase of the new tandem Axle plow truck and quotes back for the purchase of a new 10,000 # tandem axle trailer. Funds from 1 of these 2 purchases would be used to pay for the $1375.00 in excess of the budgeted amount for the salt brine equipment. Recommendation Staff recommends the purchase and installation of the new salt brine equipment from TBEI Truck Bodies and Equipment International, Inc. from Lake Crystal for $8875.00. This purchase will be paid for from Streets Capital Outlay. (-7 al— %1(a ' H F B' R I H P 4 0: M 1 N N F 0 I A MEMORANDUM TO: Mayor and City Council FROM: Tim Moore, Public Works Superintendant DATE: September 14, 2016 SUBJECT: Possible Purchase Bobcat 590 Skid steer -ir Background Currently the City of Stillwater Public Works Department has 2 skid steer loaders. A 2015 Bobcat 650 and a 2014 Bobcat 590 on a trade in/purchase program. The trade in/purchase program allows the city to trade for a new Bobcat every 2 years for $2500.00. Staff has been able to stretch the program to 3 years in the past. This year Tri State Bobcat would like to adhere to the 2 year agreement. Staff did not budget in 2016 for the trade in/purchase, but bids came in less than expected for the McKusick Trail Paving Project so those funds could be used for this purchase. Discussion For 2016 the Bobcat 590 is eligible for trade this year. Tri State Bobcat has quoted a new 2016 Bobcat 590 for $36,881.60 with a trade in allowance of $34381.00 leaving a balance due of $2500.00. This program has been very beneficial to the city keeping cost of operation down for the 2 year period. Recommendation Staff recommends the purchase of the new 2016 Bobcat 590, less trade in of the existing 2014 Bobcat 590 for $2500.00. This purchase will be paid for from Parks Capital Outlay. `€Q *- oo Arele-ovkt- V/ RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS AND ORDER RELATED TO A SPECIAL USE PERMIT AND VARIANCE REQUESTS FOR A TYPE IIII HOME OCCUPATION SPECIAL USE PERMIT TO BE LOCATED AT 320 4TH STREET NORTH CPC CASE NO 2016-27 BE IT RESOLVED by the City Council of Stillwater, Minnesota that the Finding of Fact, Conclusions and Order related to the Special Use Permit and associated Variance requests for 320 4th Street north, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the said Findings of Fact, Conclusions and Order. Adopted by the Stillwater City Council this 20th day of September, 2016. Ted Kozlowksi, Mayor ATTEST: Diane F. Ward, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER BEFORE THE CITY COUNCIL In Re: The Old Swedish Church C/O Cecilia Loome Type III Home Occupation Special Use Permit and Associated Variances For 320 4th Street North CPC Case No. 2016-27 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened a Public Hearing for Case No. 2016-13 at 7:00 p.m. on September 6, 2016 at the Council Chambers in City Hall. The purpose of the Public Hearing was to consider a request for a Type III Home Occupation Special Use Permit, and associated variances, to operate an events center at 320 4th Street North. At this Public Hearing, the City Council considered the oral report of Bill Turnblad, Community Development Director; testimony and exhibits submitted by Cecilia Loome and Jonathan Moler, representing the Old Swedish Church ("Applicant"); the Staff Report dated September 6, 2016 by Abbi Jo Wittman, City Planner; July 13, 2016 Planning Commission meeting minutes; testimony of adjacent neighbors of the property in question; and the Planning file prepared by City Staff for the Application. The Planning Commission also held a Public Hearing and reviewed the case. This hearing was held on July 13, 2016. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records, recordings and proceedings herein, the City Council makes the following: I. FINDINGS OF FACT 1. This property is located at 320 4th Street North. 2. The property is zoned RB (Two Family Residential). 3. In the RB District, Type III Home Occupations are allowed by Special Use Permit. 4. The Applicant submitted a request for the City to approve: a) A Special Use Permit for a Type III Home Occupation to allow the structure, currently a single family residence, to be utilized as an events venue for up to 20 events per year; and b) A variance to the maximum 400 square foot allowed for a Home Occupation (or up to 20% of a home's total gross floor area) to permit the 3,512 square foot event venue (85% of the subject home); and c) 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 d) A 41-54 parking space variance to the total number of parking spaces required. 5. City Code Section 31-207, Special use permit and conditional use permit, indicates a purpose "is to allow the integration of essential or desirable uses which may be suitable only in certain zoning districts or designed or arranged on a site in a certain manner". 6. City Code Section 31-207(d) indicates the Council must make findings that the proposed structure or use conforms to the requirements and the intent of the Zoning Chapter of the City Code, the comprehensive plan, relevant area plans and other lawful regulations; and any additional conditions necessary for the public interest; and the use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. 7. City Code Section 31-500, Subd. 3(a), indicates Type III Home Occupations must observe certain conditions and the conditions must be made a part of any Special Use Permit. Conditions of approval include, but are not limited to: 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; and business hours are limited from 7:00 a.m. to 8:00 p.m.; and off-street parking must be provided for customer. 8. City Code Section 31-208(a) indicates the purpose of a variance is to allow variation from the strict application of the terms of the Zoning Code where, by reason of -2- the exceptional physical characteristics of the property, the literal enforcement of the requirements of this chapter would cause practical difficulties for the landowner. 9. At the Planning Commission public hearing, a number of neighbors spoke out both for and against the proposed Type III Home Occupation Permit and associated variances. 10. At the City Council public hearing a number of neighbors spoke out both for and against the proposed Type III Home Occupation Special Use Permit and associated variances. II. CONCLUSIONS OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. That taken as a whole the performance standards established for Horne Occupations in City Code Section 31-500 are mindful that commercial activity in homes must be conducted in a manner that has minimal impact upon surrounding residents. And the two on-site parking spaces available on the subject property are not sufficient to accommodate all of the potential guests that may use the event facility. In addition, the 41-54 cars that may reasonable be expected by guests of the larger events will have an undue negative impact upon on -street parking in the residential neighborhood surrounding the property. 3. That the proposed Type III Home Occupation Special Use Permit, fails to meet the conditional requirements of the City Code regarding Type III Home Occupation Special Use Permits. 4. That as the proposed use is not in conformance with the intent of the Zoning Code nor the Comprehensive Plan. 3 5. That the property owner has not established practical difficulties regarding the 65% variance to the maximum square footage allowed; the 1.5 hour variance to the hours of operation; nor the 41-54 parking space variance to the total number of parking spaces required. III. ORDER IT IS HEREBY ORDERED 1. That the request for Type III Home Occupation Special Use Permit is hereby denied. 2. That a variance to the maximum 400 square foot allowed for a Home Occupation (or up to 20% of a home's total gross floor area) to permit the 3,512 square foot event venue (85% of the subject home) is denied. 3. That 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 is denied. 4. That a 41-54 parking space variance to the total number of parking spaces required is denied. Adopted by a - vote of the City Council this 20th day of September, 2016. ATTEST: Diane F. Ward, Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 4 EXHIBITS A. Staff report to the Planning Commission dated March 9, 2016 written by Abbi Jo Wittman, City Planner. B. The March 9, 2016 Planning Commission minutes. C. Staff report to the City Council dated March 22, 2016 written by Abbi Jo Wittman, City Planner. D. The March 22, 2016 City Council minutes. E. Staff report to the City Council dated April 5, 2016 written by Abbi Jo Wittman, City Planner. F. The April 5, 2016 City Council minutes. 5 LEGAL DESCRIPTION Lots 2-3 except the South 23' of Lot 3, Block 14, Stillwater RESOLUTION APPROVING THE 2016 ICE CASTLES AGREEMENT WHEREAS the City has encouraged Organizer to construct, operate, and maintain an Ice Castle (the "Event") at a location within the City in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City; and WHEREAS the City is the owner of certain land in Stillwater , Minnesota, known as Lowell Park (collectively the "Premises); and WHEREAS Organizer constructs, maintains and operates castle -like structures made of water pipes, snow and ice with walking paths inside (the "Ice Castle"). Organizer charges visitors a fee to visit the Ice Castle; and WHEREAS the City is willing to allow Organizer to construct, maintain and operate an Ice Castle and its related activities within the Ice Castle structure on the Premises in exchange for a share of the revenue and Organizer's compliance with the terms and conditions set forth in the agreement. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the Ice Castle Agreement is hereby approved and the Mayor and City Clerk are authorized to sign the agreement on the City's behalf. ATTEST: Diane F. Ward, City Clerk Ted Kozlowski, Mayor 1 FINAL DRAFT - NOT EXECUTABLE 2016 ICE CASTLES AGREEMENT THIS AGREEMENT, is entered into as of this day of 2016 between the CITY OF STILLWATER, Washington County, Minnesota ("City), and by ICE CASTLES, LLC, a limited liability company registered in the State of Utah, licensed to do business in Minnesota, hereinafter referred to as ("Organizer"). WHEREAS the City has encouraged Organizer to construct, operate, and maintain an Ice Castle (the "Event") at a location within the City in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City, WHEREAS the City is the owner of certain land in Stillwater , Minnesota, known as Lowell Park more particularly described in Exhibit A attached hereto and made a part hereof, together with certain improvements thereon (collectively the "Premises); WHEREAS Organizer constructs, maintains and operates castle -like structures made of water pipes, snow and ice with walking paths inside (the "Ice Castle"). Organizer charges visitors a fee to visit the Ice Castle. WHEREAS the City is willing to allow Organizer to construct, maintain and operate an Ice Castle and its related activities within the Ice Castle structure on the Premises in exchange for a share of the revenue and Organizer's compliance with the terms and conditions set forth herein. NOW THEREFORE, in consideration of the promises herein recited and the covenants, conditions and agreements set forth herein Organizer and City agree as follows: 1. TERM. Operation of the Event is limited as follows: General Term: October 10, 2016 through March 31, 2017 Event Opening: (Weather Dependent) Hours of operation for being open to the public shall be Sunday through Thursday from 8:OOam - 10:OOpm, and Friday - Saturday from 8:00 am to 11:00 pm. Cleanup: (Weather Dependent) Generally March 15, 2016 - March 31, 2017, unless the City is required to implement flood control measures or weather conditions will not support the ice castle structure prior to March 31, 2017. 2. COMPENSATION. Organizer shall pay to the City the following amounts for use of the Premises:2.1 Base Fee: A base monthly fee ("Base Fee" [$50/day x 172 days = $8650]) shall be due as follows: 2 Amount Due: Due Date: $ 2,150 January 15, 2017 $ 2,150 February 15, 2017 $ 2,150 March 15, 2017 $ 2,150 April 15, 2017 2.2 Attendance Fee: In addition to the Base Fee, Organizer shall pay to City an additional $3,000 for each10,000 visitors exceeding 50,000 ("Additional Fee"). On April 15, 2016, Organizer shall provide to City the attendance records and payment of the Additional Fee. 3. LOWELL PARK USE . Organizer shall use the Premises only for the construction, maintenance and operation of one Ice Castle. Organizer shall have exclusive use of the Premises throughout the Term of this Agreement. 4. ACCESS: SNOW PLOWING. Organizer shall be responsible for providing access to the Premises during Organizer's operations. A City street crosses through the Premises and a City parking lot is situated on the Premises. City does plow the City street consistent with the City's standard snow plowing policy along with the parking lot immediately in front of the Ice Castle and Pay Structure. City does not make any warranty or guaranty that the street or parking lot will be plowed at any given time to allow Organizer to operate on the Premises and its guests and invitees to access the Premises. Organizer may plow or arrange for plowing the Premises and/or the parking lot and other parking lots within the park. If Organizer plows or arranges for plowing any portion of the parking lot, Organizer shall repair any damage done to the Premises or any other City property as provided in paragraph 19. The appropriate use of warning signs, rubber mats and roughing of the ice shall be used to address slippery conditions. Salt shall not be used on City property. 5. ACCESSIBILITY. Organizer shall comply with all applicable federal, state and local accessibility requirements to ensure access to the Premises and Ice Castle by all persons. 6. SECURITY DEPOSIT. Upon execution of this Agreement, Organizer shall pay to the City a security deposit in the amount of $5,000. The City shall retain the security deposit and may apply the security deposit to any obligations of Organizer under this Agreement including but not limited to damage to Premises or payments due herein. City shall refund any unused portion of the security deposit to Organizer within 60 days of the termination of this Agreement. If City does not return the full deposit amount City shall provide to Organizer an itemized accounting of any amounts withheld, within 60 days of the termination of this Agreement. The City shall retain any interest earned on the security deposit. 7. CONDITION OF PREMISES. The Premises is not designed for the use provided for herein. No representation, statement or warranty, expressed or implied, has been made by or on behalf of the City as to the suitability of the Premises for use as an Ice Castle nor for the condition of the Premises. The taking of possession of the Premises by Organizer shall be 3 conclusive evidence that Organizer accepts the Premises "as is ". In no event shall City be liable for any defect in the Premises. 8. MAINTENANCE OF PREMISES. Organizer shall keep and maintain the Premises and all improvements in a safe, sanitary, and orderly condition, in good repair, and shall restore and yield the same back to City upon the termination of this Agreement in such condition and repair as shall exist at the commencement of this Agreement including monument and planting bed. Organizer shall not damage or cause waste to the Premises and shall maintain all areas of the Premises in a safe, sanitary, functional and orderly condition at all times, free of refuse and objectionable noises, odors or nuisances. Organizer shall reimburse the City for the cost of transplanting any trees that must be moved to allow Organizer to construct the Ice Castle. 9. SUPERVISION. Organizer shall be responsible for providing all supervision of Organizer's employees, agents and visitors on the Premises. Organizer shall be responsible for ensuring that all employees, agents and visitors, while using the Premises, follow any and all federal, state and local laws, regulations, ordinances and policies. In addition, Organizer shall be responsible for the safety and behavior of all employees, agents and visitors including but not limited to safety, noise, and objectionable actions. 10. FOOD. Organizer may provide food for sale at the Premises, or subcontract the same, but all food service and food vendors must be approved by the Washington County Health Department and any applicable County permit must be obtained and a copy provided to the City. 11. ALCOHOL. No alcohol shall be served within the Premises without appropriate licensure issued by the City. 12. SIGNS. Organizer may place signage on the Premises for advertising and directions. All signage must be in compliance with the City Code and ordinances, and be approved in advance by the Community Development Department. 13. ALTERATION OR IMPROVEMENTS LIENS. All structures and equipment installed on the Premises shall be approved in advance by the City, and Organizer shall obtain any required permits or licenses, including building and electrical permits, necessary for such structures or equipment. Any alterations, additions and improvements which may be made or installed by Organizer shall be removed from the Premises upon the earlier of termination of this Agreement if the Agreement is terminated prior to the end of the Term, or the end of the Term. If Organizer fails to remove any alterations, additions, improvements, equipment or personal property upon termination of this Agreement, City may remove and dispose of such items in City's sole discretion and use the Security Deposit to reimburse itself for all such costs. If the Security Deposit is not sufficient to pay such costs, City shall invoice Organizer for the costs in excess of the Security Deposit and Organizer shall pay such invoice within 15 days of receipt. Organizer covenants and agrees to keep the Premises and improvements situated thereon free and clear of any and all liens in any way arising out of the use thereof by Organizer and will defend and indemnify and save City harmless from any 4 and all such liens which may arise by reason of alterations or improvements made by Organizer. If any mechanic's lien is filed against any part of the Premises for work claimed to have been done for, or materials claimed to have been furnished to, Organizer, such mechanic's lien shall be discharged by Organizer within ten days thereafter, at Organizer's sole cost and expense, by the payment thereof or by making any deposit required by law. Failure of Organizer to have the lien discharged shall constitute a default under this Agreement. 14. RIGHT TO ENTER. City, its agents and representatives may at any and all reasonable times during the day and night upon reasonable notice to Organizer enter to view and inspect the Premises, and to clean and maintain the same, or to make repairs, or to make such improvements or changes in the Premises as City may deem proper. Should such repairs, improvements, or changes need to be made, the City shall coordinate with Organizer so as not to disrupt Organizer's use of the Premises. There shall be no diminution of compensation payable to Organizer and Organizer hereby releases City of all liability, claims, losses, suits, damages, and injuries, by reason of inconvenience, annoyance or injury to business on account of any such entry or acts by City, its agents or representatives. 15. POLICE POWER. The City reserves the right to order a shutdown of the Event in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Premises. 16. SECURITY. Organizer and City shall confer with the Chief of Police as to the advisability of closing the Levee Road (Lowell Park) and the Organizer shall hire any security personnel/police personnel the Stillwater Police Chief requires. Should the City have to hire outside agencies, the City will invoice the Organizer for any additional costs. 17. ASSIGNMENT OR SUBLET. Organizer shall not sublet the whole or any part of the Premises or assign all or any part of its present interest in this Agreement without first obtaining the written consent of City to any such sublease or assignment, which consent may be withheld in the City's sole discretion. Independent subevents require separate approval by the City. 18. CITY SERVICES. The type and amount of the materials specifically noted in this Section 17 that are needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to provide portable toilets to augment the existing facilities, barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater policies. Portable Toilets. The Organization must furnish at least four (4) portable restrooms, with hand sanitizing to facilitate expected crowds. Additional portable restrooms must be provided by the Event Organizer if deemed necessary to protect public health as determined by the Public Works Department. a. Barricade Placement. 5 i. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on October 9 at the parking lot entrances as designated by the Public Works Department. This will inform users of the parking lot closure for the Event. ii. The Organizer shall place Type III barricades on Sam Bloomer Way south of the bridge at Chestnut Street and on Myrtle Street east of the parking lots where the Ice Castle is located. b. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. c. The Organizer shall reimburse the City for the relocation and installation of a new tree affected by the Ice Castle on the premises. d. The Organizer shall be responsible for all costs to remove, relocate and/or replace the electrical line from the power pole at Myrtle Street to the gazebo. e. The Organizer shall contact the Public Works department to walk through the premises to consider irrigation and electrical locations, city utilities and other infrastructure prior to installation/construction of the Ice Castle. f. Electricity . i. Each electrical box needed for the Event will be opened by the City on October 24, 2016. The Organizer shall be charged a base fee of $20/electrical box, plus the actual cost of electricity used for the duration of the event. . ii. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to the opening of the Event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. g. Parking Lot Use. City Parking Lot #5 shall be available for use by the Organizer at a fee of $1,648.50. The Organizer shall promote the use of the City parking ramp in its advertising media. h. Water. The Organizer shall pay the bulk water rate of $2.00/1,000 gallons for water usage from the fire hydrant located at the corner of Myrtle Street and Parking Lot #5. Water charges shall be billed separately and payable to the Board of Water Commissioners. 6 i. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets at the end Term of this agreement. j. Organizer shall remove trash, additional trash enclosures each day of the event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 19. Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendor's waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. 20. DAMAGE. If it is established that any portion of the Premises, surrounding landscape or parking lot is damaged by the act or failure to act of Organizer, its employees, agents, or visitors during the term of this Agreement, beyond normal wear and tear, Organizer shall be responsible to repair the damage in accordance with direction provided by the City. If Organizer fails to repair the damage, City may terminate this Agreement and repair the damage. In such event City may reimburse itself for such expense from the Security Deposit. If the Security Deposit is insufficient City may invoice Organizer for the cost of repairing such damage not covered by the Deposit, which invoice Organizer shall pay within 15 days of receipt. 21. INDEMNIFICATION. Organizer shall assume all risks incident to or in connection with the uses of the Premises and shall be solely responsible for all accidents or injuries of whatever nature or kind to persons or property caused by its operations on the Premises, including plowing as set forth in paragraph 4, and shall indemnify, defend and save harmless City, its officers, agents, employees, contractors and representatives, from any penalties for violation of any law, ordinance or regulation affecting its operations, and from any and all claims, suits, losses, damages or injuries to persons or property of whatsoever kind or nature arising directly or indirectly out of Organizer's uses of the Premises, or resulting from the acts or omissions of Organizer, or any of its agents or employees. 22. INSURANCE. Organizer shall maintain in force during the entire Term of this Agreement the following insurance: a. General liability insurance for both personal injury and property damage as follows: 7 i. Commercial General Liability in the amount of $1,500,000 on each occurrence ii. General Aggregate $2,000,000 b. A policy or policies insuring the Premises against loss by fire and other perils in the amount of the full insurable value thereof. c. Such insurance as will protect Organizer from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage. All such insurance shall name the City as an additional insured. All such insurance shall be effective under a valid and enforceable policy or policies, with terms acceptable to City, issued by an insurer of recognized responsibility approved by City upon submission of the policy or policies to City at least ten (30) days prior to the effective date or any renewal date as the case may be. 23. TAXES AND UTILITIES. Organizer shall be responsible for and shall pay all the special assessments, taxes on equipment, furnishings, fixtures and property placed on the Premises, if any, and shall pay promptly any and all utilities used by it on the Premises for the duration of the Term of this Agreement. Organizer shall be permitted to connect to the fire hydrant adjacent to the Premises that is located on Myrtle Street. Organizer shall be permitted to connect to the power boxes located adjacent to the Premises. All such connections and use shall comply with all federal, state, and local laws, regulations, and ordinance. 24. DEFAULT AND TERMINATION. Any one of the following events shall constitute an Event of Default: a. Organizer shall fail to pay any amount due as herein provided, and such default shall continue for a period of 15 days after the due date therefore; b. Organizer shall violate or fail to perform any of the other conditions, covenants or agreements herein made by Organizer and such default shall continue for 15 days after notice from City; provided, however, that if the nature of such default is such that Organizer can cure the default, but not within fifteen (15) days, then the Event of Default shall be suspended for a period not in excess of thirty (30) additional days so long as Organizer commences cure within fifteen (15) days and thereafter diligently and continuously prosecutes the curing of the default, and so long as continuation of the default does not create material risk to the Premises or to persons using the Premises; 25. Upon any such Event of Default, City shall provide written notice to Organizer detailing the Event of Default. If Organizer fails to cure the Event of Default within the provided time, this Agreement shall automatically terminate. Under no circumstances shall any fees or charges, including prepaid fees, be refunded to Organizer. 26. WAIVER. The failure of the City at any time to require performance of Organizer of any of the provisions hereof shall in no way affect the right of City thereafter to enforce the 8 same, nor shall the waiver by City of any breach of any of the provisions hereof be taken or held to be a waiver of the provision itself. 27. APPLICATION FOR SPECIAL EVENT. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions included in the application are hereby included as part of this agreement. 28. NOTICE. All notices required herein shall be in writing and delivered personally, or by certified mail return receipt to the address as shown below and, if mailed, are effective as of the date of mailing: Organizer: Ice Castles, LLC Attn: Kyle Standifird 1054 East 300 North American Fork, Utah 84003 City of Stillwater : City Administrator 216 4th Street N. Stillwater, MN 55082 29. AUDIT DISCLOSURE AND DATA PRACTICES. Any reports, information, data, etc. given to, or prepared or assembled by Organizer under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of Organizer or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Organizer in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Organizer shall comply with those requirements as if it were a government entity. All subcontracts entered into by Organizer in relation to this Agreement shall contain similar Data Practices Act compliance language. City shall keep all data and information provided by Organizer under the terms of this Agreement strictly confidential. 30. NON-DISCRIMINATION. During the performance of this Agreement, Organizer shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. Organizer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. Organizer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. Organizer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 9 31. DAMAGES. In the event of a breach of this Agreement by the City, Organizer shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 32. ENFORCEMENT. Organizer shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the Term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 31. AGREEMENT This Agreement embodies the entire understanding of the parties with respect to the subject matter hereof and shall not be amended or modified except in writing signed by the parties. No representations, warranties, undertakings, or promises, whether oral, implied, written, or otherwise, have been made by either party hereto to the other unless expressly stated in this Agreement or unless mutually agreed to in writing between the parties hereto after the date hereof, and neither party has relied on any verbal representations, agreements, or understandings not expressly set forth herein. This is a Minnesota contract and shall be construed according to the laws of Minnesota. IN WITNESS WHEREOF, the parties have signed this Agreement as of the day and year aforesaid. ICE CASTLES, LLC By Its STATE OF MINNESOTA ) ) SS. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2016, by and , the and , respectively of Ice Castles, LLC, a limited liability company registered in the State of Minnesota, on behalf of the company. CITY OF STILLWATER 10 Notary Public Ted Kozlowski, Mayor Diane F. Ward, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2016, by Ted Kozlowski and Diane F. Ward respectively as the Mayor and City Clerk of the City of Stillwater, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 11 EXHIBIT A 12 MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: September 14th, 2016 SUBJECT: Declaring Costs to be Assessed, Ordering Preparation of Assessment Roll and Calling for the Hearing on Proposed Assessment for the 2016 Street Improvement Project (Project 2016-02) DISCUSSION: The contractor is progressing on the 2016 Street improvement Project. The mill and overlay areas are substantially completed and the reconstruction is progressing. The project is scheduled to be completed by the end of September. Based on the work completed and estimating the cost of the remaining work, staff has projected the total cost of the project. Since the city received a favorable bid on the project, the estimated total cost of the City's improvements is lower than the feasibility study. This will result in lower assessed cost to the property than what was proposed in the feasibility study. In order for the projects to be certified to the County this year, the assessment roll needs to be prepared and a hearing held. It is proposed that that the hearing will be held October 18, 2016. RECOMMENDATION Staff recommends that Council declare costs, authorize the preparation of the assessment rolls, and call for a hearing on the projects. ACTION REQUIRED If Council concurs with the recommendation, they should pass the following resolutions: 1. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR THE 2016 STREET IMPROVEMENT PROJECT (PROJECT 2016-02). 2. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR THE 2016 STREET IMPROVEMENT PROJECT (PROJECT 2016-02). RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 2016 STREET IMPROVEMENT PROJECT (PROJECT 2016-02) WHEREAS, a contract has been let and costs have been determined for the improvement of streets and utilities and the contract (bid) price for such improvement is $1,550,793.96 and the expenses incurred or to be incurred in the making of such improvement amount to $243,524.68 so that the total cost of the improvement will be $1,794,318.64 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $741,671.07 and the portion of the cost to be assessed against benefited property owners is declared to be $1,052,647.56. 2. Assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2017, and shall bear interest at the rate of (3.5) three and a half percent per annum from the date of the adoption of the assessment resolutions. 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the council this 20th day of September 2016. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2016 STREET IMPROVEMENT PROJECT (PROJECT 2016-02), L.I. #409 WHEREAS, by a resolution passed by the Council on September 20, 2016, the city clerk was directed to prepare a proposed assessment of the cost for the 2016 Street Improvement Project. The following is the area proposed to be assessed. Properties abutting Benson Blvd West, Highland Road, Highland Court, Lydia Circle, Gilbert Court, Tower Drive, Olive Street (Holcombe to William), Osman Avenue, 63rd Street, Oxboro Avenue, Ozark Avenue, 64th Street, and Orleans Streets (Second Avenue to Fourth Avenue). WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. A hearing shall be held on the 18th day of October, 2016 in the city hall at 7:00 p.m., or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by November 18, 2016. He/she may at any time thereafter, pay to the City Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the City Council this 20th day of September 2016. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Uwater H E 8 I A e H P I ACE 01- MINNESOTA CITY COUNCIL MEETING DATE: CC: September 20, 2016 HPC CASE NO.: 2016-22 HPC: September 7, 2016 REQUEST: Consideration of a Heritage Preservation Commission recommendation regarding the demolition of the structure located at 209 Wilkins Street East ZONING: RB - Two Family COMP PLAN DISTRICT: LMDR - Low/Medium Density PREPARED BY: Abbi Jo Wittman, City Planner APPLICANT REQUEST The applicant is requesting approval of the demolition of the residential structure located at 209 Wilkins Street East. The request comes before the City after city staff initiated a stop - work order on the property. Though a building permit was issued for a single -story bedroom addition and interior remodel, the property owner's construction contractor worked outside the scope of the approved building permit plans. Essentially, he demolished the home instead of building according to the issued permit. Therefore, the request is to approve the demolition permit after -the -fact. APPLICABLE BACKGROUND In late May, 2014, the Stillwater Building Department received a request from Rob Becker, Black Duck Restoration, to demolish the structure located at 209 Wilkins Street East. Planning staff prepared the attached Demolition Determination form and scheduled a site visit for May 29, 2014; Building Official Shilts and City Planner Wittman attended the site visit. Based on the site visit and historical research, it was determined the structure was a historic resource and Heritage Preservation Commission demolition request would need to be made in order to proceed with consideration of the demolition. On May 18, 2015, City Planner Wittman discussed with Mr. Joe Bush the requirements for consideration of demolition and advised, if a HPC demolition request was not submitted, the property could be rehabilitated as well as additions could be made so long as they were in compliance with the demolition regulations as well as the RB -Two Family Residential zoning district regulations. Staff followed up with an email which outlined the zoning district regulations. On October 28, 2015, the City issued a building permit to Mark Moelter for the rehabilitation of the residence as well as a single -story addition to the east side of the home. The proposed addition, rehabilitation plan and site survey was shown to be in compliance with the zoning code regulations and demolition section of the City Code. Copies of the plan drawings are attached. The original permit application included Mr. Joe Bush as the contractor. However, Mr. Bush was not a licensed contractor at the time. The homeowner obtained permit on October 29, 2015. On November 6, 2016, the City building department conducted a footings inspection. A foundation inspection was later conducted on January 29, 2016. On February 11, 2016, the homeowner contacted the building department and requested transfer of permit into Bush's name. As the permit had been issued, and there was previous question regarding Bush's license, the City denied the transfer and kept the permit in Moelter's name; department notes, attached hereto, indicate: "The homeowner pulled the permit for this project and on 2/1/2016 has requested that General Contractor Joe Bush, of Custom Homes by JP Bush LLC, MN Residential Bldg Contractor #BC702623, be allowed to run this project. This contractor will be the homeowner's representative for this project and the homeowner remains the permit holder." Based on inquiries from the Heritage Preservation Commission, City Planner Wittman conducted a site visit during the week of July 11, 2016. It was determined the project had worked significantly outside the scope of work originally permitted) and that actions were done without an approved plan change request from the Building Department and, therefore, in violation of the Building Code. On July 14, 2016, Wittman notified building department staff and a stop work order was placed on the property on that day. On July 20, 2016, Joe Bush delivered to the Building Department a new set of drawings for the changes to the construction project. 1 The work conducted demolished greater than 50% of the exterior facade and 20% of the front -facing face, including the front facing roof; both of these actions are defined as demolition in City Code Section 34-2, Definitions. City Code Chapter 34 indicates "no building or structure may be demolished without obtaining a demolition permit. An application for a demolition permit must be filed with the city building official". Copies of the originally issued building permit are attached for the Council's review. HPC Case 2016-22 209 Wilkins Street East Demolition CC: September 20, 2016 In addition to violation of the Building Code for not obtaining approval for a plan change, it was determined that: ■ Based on the change in the roofline, the project was in violation of the City Code Section 34-3, No building or structure may be demolished without obtaining a demolition permit. An application for a demolition permit must be filed with the city building official. • The project was directly in violation of City Code Section 22-7, Subd. 5(7), "the Heritage Preservation Commission must also assume responsibility for the design review of any dwelling house hereafter proposed for construction on now existing vacant lots or on lots that become vacant by reason of demolition or destruction of existing structures within the Neighborhood Conservation District (NCD)". ■ Lastly, it was also determined that the extension of the second story was also in violation as it was located within the Front Yard Setback area, found in City Code Section 31- 308(b)(1). Upon phone call from the property owner, on August 4, 2016, City staff advised the property owner of the violations as well as the necessary applications to submit for City Planning and Heritage Preservation Commission review and consideration. SITE VISIT As noted, above, planning and building staff conducted an in- house site visit of the property over two years ago. Notes from the Demolition Determination form indicate the residence was in decent to good condition with no cracks in the original limestone foundation and a new roof (permitted in 2010). Staff noted the interior was significantly dated. PROPERTY HISTORY, CONDITION AND VALUATION According to the 2001 City of Stillwater Architecture -History Inventory Form, the structure is located within the South 1/2 Carli & Schulenburg's Addition Historic Preservation Planning Area. It was built as a single family residence in 1883. At that time the integrity was listed as 'poor' due to the changes in the rooflines on the east and west facades. The condition was listed as fair. HPC Case 2016-22 209 Wilkins Street East Demolition CC: September 20, 2016 According to Washington County Assessor's records, the property sold on April 16, 2015, to Mark Moelter. The property had a valuation of $75,000 for the land, and $59,600 for the improvements (including a detached garage and the residence). However, in 2015 the dwelling valuation dipped to $31,700. Overall the valuation of the home dropped by $60,000 in the last ten years. The condition of the home was noted as 'observed' and the additions were noted as 'below normal'. Though there is not a specific observation date noted on the assessment records, assessor's photographs show the structure during remodel and construction. COMPREHENSIVE PLAN AND ADMINISTRATIVE DETERMINATION Comprehensive Plan Chapter Five, Historic Resources, indicates a program that "[t]he city shall locally designate those properties worthy of historic preservation". Additionally, the Plan indicates (referring to the Demolition Ordinance) "[n]ot only does this ordinance promote the protection of the city's historic and aesthetic qualities but it also protects some of the city's most affordable housing". As per Chapter 34 of the municipal code, staff determined the structure was potentially a historic resource as it: a) is associated with a period of Stillwater's history that exemplifies broad patterns of cultural and social history; and ■ This home was constructed during the following Historic Context(s): i. Stillwater and St. Croix Triangle Lumbering (1843-1914) ii. Development of Residential Neighborhoods (1850s - 1940s) HERITAGE PRESERVATION COMMISSION REVIEW At the September 7, 2016, meeting of the Heritage Preservation Commission, the Commission held a public hearing for the consideration of approval of demolition of this structure. In the hearing the Commission heard a presentation by staff and heard testimony from the property owner. In discussions with the HPC, the property owner indicated their contractor indicated the one-story addition and interior renovation had been approved. Additionally, the property owner indicated that during the renovation process the contractor indicated approval had been gained for the two-story home. This has been supported by a statement from the property owner which was submitted on September 16, 2016, and is attached for the Council's review. Members of the general public were in attendance at the HPC meeting. Neighbors expressed frustration with not only the unfinished appearance of the home but also the proposed home's design, stating it was imposing in this neighborhood and so close to the lot line. HPC Alternatives As per City Code Section 34-4, Building Demolition, the Commission was tasked with making one of the following findings: • Negative Finding: Determination the property is not a historic resource. • Positive finding with no feasible alternative to demolition: Determination the structure was a historic resource but that there is no feasible alternative to demolition. HPC Case 2016-22 209 Wilkins Street East Demolition CC: September 20, 2016 ■ Positive finding with feasible alternative to demolition: Determination that the property is a historic resource and that there is a feasible alternative to demolition. In their determination, the Commission had to make findings that the demolition is necessary to correct an unsafe or dangerous condition on the property, or that there are no reasonable alternatives to the demolition. In determining whether reasonable alternatives exist, the commission is tasked to consider, but not be limited to, the significance of the property, the integrity of the property and the economic value or usefulness of the existing structure, including its current use, costs of renovation and feasible alternative uses. HPC Determination As the structure is associated with a period of Stillwater's history that exemplifies broad patterns of cultural and social history; contains distinctive elements of city and neighborhood identity; and embodies the distinctive characteristics of an architectural style, the Commission made a positive finding the structure was a Historic Resource. The HPC also determined that as the property owner had an originally -approved building permit for the construction of a single -story addition and interior renovation, that there was an alternative to the demolition. The HPC noted, however, that demolition had already occurred to this historic resource and that the new plans submitted did not provide enough documentation to conduct a thorough Neighborhood Conservation District (NCD) infill review. Therefore, on a 6-0 vote, the HPC unanimously voted to recommend denial of the demolition request as the property owner could construct what was originally approved or else submit of a complete NCD application for HPC review. Lastly, the HPC recommended staff and/or the Council begin proceedings to cite the individual(s) responsible for the illegal demolition. ALTERNATIVES According to City Code Section 22-7, the Council has two alternatives: 1. Move to grant conceptual approval of the authorization of preparation of the designation study, directing staff to bring back a Resolution formalizing Council's authorizing. This would begin a process of releasing a Notice to Proceed for Summit Envirosolutions Inc. (SEI), a designated and qualified historian to prepare a draft designation study within 45 days and a final designation study within 60 days. This would begin the process for review and consideration of the structure as a local Heritage Preservation Site. If the Council approves preparation of the designation study, the applicant would have to pay its $5,000 cost. According to Resolution No. 2013-109, the applicant is responsible for this cost. But, City Attorney Magnuson advises that "the burden on this appeal is on the Council to approve or not to approve the preparation of a designation study. Since the City Code is silent on the subject of costs, the costs of the study should be borne by the City." HPC Case 2016-22 209 Wilkins Street East Demolition CC: September 20, 2016 2. Move to deny authorization to prepare the designation study and direct staff to draft a Resolution approving the demolition permit. As the City's Neighborhood Conservation District (NCD) and demolition ordinance requires the submittal of new construction plans and the approval of a Design Permit prior to the issuance of a demolition permit, prior to the Council's approval the Council should require the property owner to either submit a statement indicating the project will resume as permitted or submit a new application for NCD infill review and approval by the HPC. FINDINGS AND RECOMMENDATION As the community's preservation goals are designed to protect Historic Resources, Neighborhood and Community Character, and HPC has determined this structure was a Historic Resource with feasible alternatives to demolition, staff recommends the Council conceptually deny the demolition permit. Staff would bring back a resolution formalizing the denial in late October2. This action leaves the property owner with two alternatives: 1) Construct according to the originally approved building permit and plans, which required no setback variance; or 2) Submit a complete Neighborhood Conservation District (NCD) infill application and building plans to the HPC for a new design. Staff additionally finds Mr. Joe Bush was responsible for the illegal demolition, a violation of the City Code Section 34-3, and is also in violation of City Code Section 22-7, Subd. 5(7), pertaining to NCD review, and City Code Section 31-308(b)(1), pertaining to the Front Yard Setback, as well as the building code. Therefore, staff will start preparing a formal complaint against the homeowner's former construction contractor. ATTACHMENTS Site Location Map Demolition Application Originally Approved Building Permit (5 pages) 2014 Administrative Demolition Determination (6 pages) Email Correspondence with Joe Bush (2 pages) July, 2016 Building Permit Submittal (3 pages) September 16 Property Owner Statement 2 According to the demolition ordinance, if the Council doesn't take final action within 30 days of the HPC decision, the demolition permit is defacto approved. Since the demolition has in fact already occurred, waiting until after the 30 day deadline to adopt the formal resolution makes sense. The Council is on record denying the demolition permit, but also recognizes that it has already occurred. HPC Case 2016-22 209 Wilkins Street East Demolition CC: September 20, 2016 WEST WILKINS STRE 0 The Birthplace of Minnesota 209 Wilkins Street East Site Location Subject Parcel Municipal Boundary Parcel Boundaries 105 210 420 Feet General Site Location A preapplication site visit by the City Planner or Community Development Director is required PRIOR to submitting the application for a demolition permit. Contact the City Planner at 651-430-8822 to schedule a preapplication site visit. This application must be signed by the City Planner or Community Development Director or it will be considered incomplete and the application will be rejected. The preapplication site visit was completed on /_/ Community Dev. Director/City Planner Stillwater Heritage Preservation Commission Demolition Request Application Subject Property Address: 2019 L1►s1 3 S4. E. Applicant (Please Print): AI/frg i., >/ itr4 Application Number iii:‹120iCo 22. Fee *\15 Technology Fee Escrow - Receipt Number Parcel No.: 21. 030. 20, L13, coql Address: tZ./ rt`dc, c Telephone No.: (QS) -23$ —Zc 65 1NjaAnii2b 5 e/ 141A) 15-5-34) 3 Property Owner (if different than Applicant): Address: Telephone No.: Type of Structure:_451A Age of Structure: 33 if-sCondition of Structure:g.)-4A-- ea l Poo a_ Intended Use of Site after Demolition: Signature of Applicant Signature of Property Owner Date/OIL Date Subject Property Address: Type of Structure: The above listed building/structure was built on or after January 1, 1946 or is not a historic resource as defined by the Stillwater City Code; is not listed on the National Register of Historic Places; and is not a locally designated property. Therefore, the building is approved for demolition. Community Dev. Director/City Planner Date *After Heritage Preservation approval, there is a 10 -day appeal period. Once the 10 -day appeal period has ended, the applicant will receive a design review permit which must be signed and submitted to the City to obtain the required building permits. A building permit must be obtained from the Stillwater Building Department prior to demolishing the structure. The fee for the building permit is based on the valuation of the demolition project. Form Updated March 26, 2012 CITY OF STILLWATER 216 NORTH 4TH STREET STILLWATER, MN 55082- (651) 430-8825 FAX: (651) 430-8810 PERMIT NO.: 2015-01293 DATE ISSUED: 10/29/2015 ADDRESS PIN LEGAL DESC PERMIT TYPE PROPERTY TYPE CONSTRUCTION TYPE VALUATION 209 WILKINS ST E 2103020430099 CARLI & SCHULENBURG'S ADD LOT 006 BLOCK 009 BUILDING RESIDENTIAL - OTHER THAN NEW CONST. ADDITION $ 69,586.00 NOTE: *THE HOMEOWNER PULLED THE PERMIT FOR THIS PROJECT AND ON 2/11/16 HAS REQUESTED THAT GENERAL CONTRACTOR JOE BUSH, OF CUSTOM HOMES BY JP BUSH LLC, MN RESIDENTIAL BLDG CONTRACTOR # BC702623, BE ALLOWED TO RUN THIS PROJECT. THIS CONTRACTOR WILL BE THE HOMEOWNERS REPRESENTATIVE FOR THIS PROJECT AND THE HOMEOWNER REMAINS THE PERMIT HOLDER.* BEDROOM ADDITION AND INTERIOR REMODEL. MNSBC SECTION R315.3 CARBON MONOXIDE ALARMS CARBON MONOXIDE ALARMS SHALL BE INSTALLED OUTSIDE OF EACH SEPARATE SLEEPING AREA IN THE IMMEDIATE VICINITY OF THE BEDROOMS IN EXISTING DWELLINGS WITHIN WHICH FUEL -FIRED APPLICANCES EXIST AND IN EXISTING DWELLINGS THAT HAVE AN ATTACHED GARAGE. ALL DISTURBED SOIL MUST BE SEEDED WITHIN 7 DAYS APPLICANT MOELTER, MARK A 209 WILKINS ST E STILLWATER, MN 55082- (651) 238-2905 OWNER MOELTER, MARK A 209 WILKINS ST E STILLWATER, MN 55082 - AGREEMENT AND SWORN STATEMENT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. This permit becomes null and void if construction authorized is not commenced within 180 days, or if construction is suspended for a period of 180 days at any time after work is commenced. Signature of Applicant Date PERMIT FEE PLAN REVIEW STATE SURCHARGE (BLDG) LICENSE VERIFICATION TOTAL Payment(s) CREDIT CARD CHECK CHECK 3322 100546 0000 0000 iuiuimuuuuu 10 0111111101111 * 3 0 1 5- 0 1 3 9 3* 783.75 509.44 34.79 5.00 1,332.98 1,332.98 5.00 -5.00 SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. covered entrance SCALE IN FEET 0 5 10 20 SCALE- 1 inch = 10 feet ZONIIfNG. RB -Two Family District Single Family Lot area 7500 square feet Two -Family 10,000 square feet Lot width 50 feet 75 feet Front yard setback: Main building 20 feet 1 20 feet Garage Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front setback line of the principle dwelling. Side yard setback: Main building The total of both side yards must equal 15 feet with at least five feet on each side Garage Attached: 5 feet Detached in the rear yard: 3 feet Exterior (corner side) Main building 20 feet, 5 feet on interior side Garage Detached or attached: A minimum of 30 feet and set back of !east 10 feet from the front setback line of the principle dwelling. Rear yard setback Main building 25 feet I 25 feet Garage Attached: 5 feet Detached in the rear yard: 3 feet Frontage requirement 35 feet on improved public street Maximum lot coverage Buildings 25 percent 25 percent impervious surfaces 25 percent 25 percent Height Main building 35 feet maximum 35 feet maximum Accessory building 1 story, not to exceed 20 feet SURVEY PREPARED BY Landmark Surveying, Inc. 21090 Olinda Trail North - P.Q. Box 65 Scandia, Minnesota 55073 con sanitary 0 manhole 60 z 0 con O • 0 c E • n 0 -0 0 u q 0 z 0 0 CERTIFICATE OF SURVEY PART OF LOT SIX, BLOCK NINE, CARLI AND SC-IULENBURG'S ADDITION TO STI LLNATER, SECTION 21, TONNSI-IIP 30 NCRT,I-I, RANGE 20 FEST, CITY OF STILLNATER, NASI-IINGTON COUNTY, MINNESOTA concrete curb cco) WILKINS manhole utility pole Office number: 651-433-3421 E-mail address: inthefieldafrontiernet.net co N00°12'03" E v(0 Li '4-'- 1• .- 0 0 7 O Q, concrete curb STREET (platted as Orange Street) bituminous surface BOUNDARY AND TOPOGRAPI-I I C SURVEY PREPARED FOR NOTE Refer to the Perfected Plat of the City of Stillwater concrete curb EAST 2 utility pole grass northwest corner, Lot 6 Found a very short 112" inside diameter open top iron pipe N59°13'46"E 0.73 feet from corner. 0 ti grass Found a very short 112" inside diameter open top iron pipe N56°52'43"E 0.66 feet from corner. A concrete surface grass wood panel fence ❑ o- -r_� grass A fort --,, bituminous surface (Carli and Schulenburg's Addition to Stillwater = 150 - S89°48'05"E 149.98 - north line Lot 6 bituminous surface GA AGE 26.2 CA C CA gross south line, N 1/2 Lot 6 eN 1. a 110 •c grass 1;3t a w H 3 a o0 • c a Corner location in tree. Set this monument N89°52'49"W 0.38 feet from corner. Also found a very short 112" inside diameter open top iron pipe N83°35'13"W 1.34 feet from corner. grass concrete surface MARK MOEL TER 924 Breckinridge Lane Montrose, MN 55363 SITE ADDRES 209 East Wilkins Street wa er, PID=21.030.20.43.0099 PID = 28.03 0.2 7.12.0043 COVERED & IMPERVIOUS AREAS House Garage Proposed Additions TOTAL BUILDINGS (area as a percentage Concrete Surfaces. Rock surface Bituminous surface Retaining walls 715 square feet 640 square feet 480 square feet 1835 square feet of lot coverage - 18.9%) 1198 square feet 70 square feet 655 square feet 35 square feet Neighbors firewood storage Neighbors building TOTAL IMPERVIOUS SURFACES.. (area as a percentage of 10 square feet 30 square feet 1998 square feet lot coverage - 20.6%) concrete curb bituminous surface water service grass 26.7 101 EXISTING HOUSE PROPOSED 10.1 ,•` ADDITION 10.1 /o 10.1 `a rock surface 9.8 rock wall O LO NOO°1 2`03"E S89 °52 "49 "E 89.98 - chimney -TF -n 111.(2 r bra e /c-, HOUSE irk/ r- L-6 L-4-3 southwest corner, Lot 6 air conditioner -o metol rail fence L 0 111111111111 xiuuwnuminNiMNiN11iNnNun1iii B22 0:95.0,1,2.9,3,5„E 99 0 firewood storage 1.6w; covered area 1.9 BUILDING south line, Lot 6 h189°57'33"W 149.99 1 �'l L_'1J l �. 20.7 concrete patio 36" diameter 4 northeast corner, Lot 6 - concrete surface 03 (0 6 utility pole 'concrete slab 28" double trees 0 0 c 413 0 4 a 0 0 2.0 1.8 north line, S 7/2 Lot 6-' grass 60.00 4.-- east wall of building =-3.45 grass concrete sur'ace pipe 0 0 r pipe pipe grass . pipe 0 • 0 pipe oI eir I0 0 .n c a Found a very short 112" inside diameter open top iron pipe N88°11'22"E 5.58 feet from corner. o metal panel fence �- S89°52'49 "E 60.00 - southeast corner, Lot 6 00 IT - 0 z Revised July 29, 2015: Added proposed additions, updated lot coverage calculations. 3 0Q) .c `6 t 0 0 0 0 0 an cc 4a 0 0, c 0 L co L 00 -- N0©°11'43" L Found a 114" rebar N53'37'48"E 0.47 feet from corner. Also found a 112" inside diameter open top iron pipe N80°41'31 "E 061 feet from corner. LOT AREA 0.223 acres ± 971+6 square feet SLOPES There are no slopes over 20 percent on this property other than slopes created by retaining walls. LEGEND Orientation of the bearing system is the Washington County Coordinate System, NAD 83 1986 adjustment. Distances are in feet and decimals of a foot. 0 Denotes a 1/2 inch inside diameter iron pipe monument set, marked by a plastic cap inscribed ANFZ LS 13775. utility pole, 2 ft. east of line DESCRIPTION Warranty Deed, Document Number 3248975 J EXHIBIT A The North 1/2 ofLot Six (6), and the East 60 feet of the North 35 feet of the South 1/2 of Lot Six (6), all in Block Nine (9), Carli and Schulenburg's Addition to Stillwater, Washington County, Minnesota. Found a very short 112" inside diameter open top iron pipe N85'51'47"E 0.65 feet from corner. Official copies of this map are crimp sealed. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Landmark Surveying Inc. PP REL,11\41 NAR' Joel T. Anez Minnesota License No. 13775 July 17, 2015 Dote Job Number 2015-34 1 cer� f �P 0'‘ 1)`‘f Von 1) C0171/77 CN !L -s a ,3•/A1N-S Do Cumt&' ,L4 N REVISIONS TO APPRO MUST BE SUBMITT APPROVAL BY BLDG SMOKE DETECTORS REQ ON EACH LEVEL, IN EA SLEEPING ROOM AND OU EACH SLEEPING AREA (HAL CO ARMS REQUIRE STATE STATUTE TO BE 10 FT. OF ALL SLEEPING a' p_______ w lam-.. / Tey � =j ��s� .� � I � __13,-.4 �� `...._. _... .. _.. - C REVISIONS TO APPRO MUST BE SUBMITT APPROVAL BY BLDG SMOKE DETECTORS REQ ON EACH LEVEL, IN EA SLEEPING ROOM AND OU EACH SLEEPING AREA (HAL CO ARMS REQUIRE STATE STATUTE TO BE 10 FT. OF ALL SLEEPING B 11 1 1 11 1 11 1 11 11 1 1 1 1 1 1 11 11 * 3 0 1 5- 0 1 2 9 3* City of Stillwater Inspections List Report Permit # From: 2015-01293 To: 2015-01293 Permit Type: All Property Type: All Construction Type: All Inspector: All Status: Pass/Fail/No Status Include Notes: Yes Permit # Site Address Applicant Inspection Type Status Sched Date Time Insp Actual Date Insp 2015-01293 209 WILKINS ST E MOELTER, MARK A FOOTING Pass 11/06/2015 11:59 AM CITY 11/06/2015 JON2 Addition FOUNDATION Pass 01/29/2016 02:30 PM CITY 01/29/2016 JON2 ROUGH -IN ELECTRICAL Open ROUGH -IN PLUMBING Open ROUGH -IN MECH Open GAS LINE TAG Open FRAMING Open 07/14/2016 CIND Stop work notice posted on 7/14/16. Structure is not in compliance with approved plans submitted/approved in October 2015. FRAMING REINSPECTION Open CIND Original failed on 7/14/2016. History: Stop work notice posted on 7/14/16. Structure is not in compliance with approved plans submitted/approved in October 2015. INSULATION Open SHEETROCK FINAL ELECTRICAL FINAL PLUMBING FINAL MECH SMOKE & CO DETECTORS FINAL BUILDING Open Open Open Open Open Open 8/11/2016 Page 1 of 2 Permit # Site Address Applicant Inspection Type Status Sched Date Time Insp Actual Date Insp 8/11/2016 Page 2 of 2 Community Development Demolition Determination PSN+2.10 20o3XFI1 Request Date: 23 M¢ Property Address: GV i6/>hs St brs1- Contact Name: g-ob bees►" Pleta4. FlSteY Contact Information: a67' 3 41 e Notes: 100, rto-W,ate&i /Via gaKorl -1-012€A '11.manre f-e67colbriZe„1 4eGt / • .ed ��dbt rrl _._©�d�� fir g 0 a44,( Mele pro, tote Acie.0/ rd GO th , /4 (nt” 114 laa), Mittsivne Aerial Photograph /1'T Notes: 7jnie k1m -4G(f giy'lt'Vt ' 41114 f/1 % arfenV3 ovr ,qq - of ,ri Sanborn Maps v/i(/b Yn Address File 14 0171e -el Ne;ghborhopd Stu y Notes:/ 5^ -Tq "p em1' 1 Notes: m2' lk lam kte( /'?7 VTVia ce vM J �ttit fie - QM Notes: CWirkti/t7 /e917--- Ma 4ih 2, - chilW7G YI . fv i 3f%0 -P wire- ( 7_ot 3 dt 4 diwr 4f2,/ if a dial3 ii4a✓Id k 'z The building or structure is historically significant. Historically significant building or structure means any building or structure or portion of a building or structure on the National Historic Register, a designated local heritage preservation site or a contributing structure or building in a designated national register historic district. Refer to Heritage Preservation Commission for review. Comments: Community Development Demolition Determination Page2of2 Property Address: 6)'q 14;14r14 c -r-: The building or structure is a historic resource. Historic resource means any building or structure that is not currently designated as a heritage preservation site, but which is worthy of such designation because of its hist~ rical, cultural, architectural, archaeological or engineering significance. (See section 34-2, Definitions.) Refer to Heritage Preservation Commission for review. Comments: - i i/ Vf /rr L� 4M i�i� �i (,)13/1/10) ho - 01 �/fig .-hy�3� The building or structure is potentially historic but not historically significant or not a historic resource. Refer to the building official for issuance of a demolition permit. Comments: The building or structure is nonhistoric. Refer to the building official for issuance of a demolition permit. Comments: Emergency demolition. A historically significant building or structure or historic resource poses an immediate threat to health or safety due to its deteriorated condition. The community development director a nd building official find that the condition of the building or structure poses a serious and imminent threat to public health and safety and that there is no µeasonable alternative to the immediate demolition. Refer to building offic_al for issuance of an emergency demolition permit. Comments: Communit Directo s' Designee Building i cia (Emergency demolition only) ment 0 CITY OF STILLWATER ARCHITECTURE - HISTORY INVENTORY FORM Address: 209 E. Wilkin Street Inventory No: WA -SWC -1201 Historic Name: Martin & Eliza Christianson County: Washington Current Owner: Chris & Jan Lodahl City/Township: Stillwater GEO CODE: 21-030-20-43-0099 Township: T3ON Range: R2OW, Section 28 (SW 114 ) U.S.G.S. Quad Map: Stillwater, Minn-Wisc., 1967, photorevised 1993 U.T.M.: 15 515020 4989960 Architect/Contractor: Date Built: 1883 Photo Number(s): 013885 Style: Gable end? Frame(s) 13 Survey Name: South 1/2 Car li & Schulenburg's Addition HPPA Form prepared by: Donald Empson, Empson Archives Date Surveyed: February -June, 2001 Physical Description: This was probably a simple gable end, but it has been severely altered and changed. Significance: This house is is not_X_ preliminarily eligible to the National Register of Historic Places. Statewide Historic Contexts: St. Croix Triangle Lumbering, 1843 -1914. Local Historic Context: Development of Residential Neighborhoods in Stillwater, 1850s -1940s. National Register Eligible (prelim.): Yes _X No Date Listed on the National Register: STILLWATER ARCHITECTURE -HISTORY CONTINUATION PAGE 2 Address: 209 E. Wilkin Present Use: Residential, single family Zoning District: RB -2 family residential Integrity: Condition: Excellent Excellent Good Good Fair X Fair X Poor Poor Inventory No. WA -SWC -1201 Stories: 1-1/2 Roof style or shape: Pitched Structural System: Wood Windows: Newer Foundation: Limestone Wall Treatment: Aluminum siding Alterations: Legal Description: Carli & Schulenburg's Addition Block 9 Lot N1/2 Lot 6 Historic Information: 209 E. Wilkin Street appears to have been built by Martin and Eliza Christianson in 1883. Into this relatively small $300 home, the two Danes, Martin and Eliza, brought their children: Carrie, Christian, and Cristina, as well as four adults: Hans and John Christianson, also from Denmark; Andrew Johnson from Denmark and August Peterson, a 30 year old Swede. Martin was listed in the Stillwater City Directories for 1884 and 1887 as a laborer. Sources: 1885 Minnesota Census, family #1737; Tax Assessors Records, 1883, SAM 78, Roll 13. Open to the public: Yes X No Limit Abbi Wittman From: Abbi Wittman Sent: Monday, May 18, 2015 9:40 AM To: 'joe@joebushmn.com' Subject: FW: 209 Wilkins Street East Attachments: MNXMSP044083NeighOrtho3094X_140426 jpg; RB two-family district.pdf -fIllwater The Birthplace of Minnesota IJ Abbi Jo Wittman P: 651-430-8822 F: 651-430-8810 www.ci.stillwater.mn.us From: Abbi Wittman Sent: Tuesday, April 28, 2015 3:54 PM To: 'joe@joebushmn.com' Subject: 209 Wilkins Street East Joe: Here are the code regulations. Additionally, I was incorrect in that the house could be 5' from the eastern property line (though it would still need to be 20' from the front). Please do not hesitate to contact me if you have any questions. Abbi Abbi Jo Wittman, City Planner 216 4th Street North, Stillwater, MN 55082 P: 651-430-8822 I F: 651-430-8810 www.ci.stillwater.mn.us illwater The Birthplace of Minnesota 1 Abbi Wittman From: Abbi Wittman Sent: Tuesday, April 28, 2015 3:54 PM To: 'joe@joebushmn.com' Subject: 209 Wilkins Street East Attachments: MNXMSP044083NeighOrtho3094X_140426 jpg; RB two-family district.pdf Joe: Here are the code regulations. Additionally, I was incorrect in that the house could be 5' from the eastern property line (though it would still need to be 20' from the front). Please do not hesitate to contact me if you have any questions. Abbi Abbi Jo Wittman, City Planner 216 4th Street North, Stillwater, MN 55082 P: 651-430-8822 I F: 651-430-8810 www.ci.stillwater.mn.us The Birthplace of Minnesota 1 RECEIVED JUL2O 2016 CITY OF STILLINA'I FR BUILDING DEPARTMENT Dear Building Official, Attached is a current copy of blue prints for address: 2119 Winans Street Stillwater MN, 55082 Please contact me with any questions (651) 775 4222 Sincerely, tow - Joe Bush 7/20/16 17-01 d1A �'I Awtg 144/4.4./. e4,1 -''- - .F---e5-75---e-791-4---kl` tJ Cc 7 jo 9 vviLXC I,'- STietwaTEz Fbillet 7 Z09 k•J 67/ II %Al Are ta- A PCr Mark Moelter 924 Breckenridge Lane, Montrose, MN 55363 September 16, 2016 City of Stillwater 216 4th Street North, Stillwater, MN 55082 City Council, Commissions, and Staff: We are particularly concerned with the demolition done to the Historical property of 209 Wilkins Street East. The damage done to the Historical site was under the instruction and supervision of Mr. Joe Bush. Joe Bush was the realtor for the purchase of 209 Wilkins Street East property. Once the property was purchased Joe Bush became the Licensed Contractor for the project. Joe Bush presented drawing of the addition to the East end of the home. As the property owner the drawings were approved by myself. Joe Bush moved forward to seek approval from the city. At this time it was brought to my attention that Joe Bush's Iicense had been suspended. Joe Bush advised to continue and he would remain on the project however as the representative rather the contractor. At this time a discussion was had with Joe Bush that we would be seeking a new contractor. He advised to not do so because all standing permits would have to be resubmitted under a new contractor which would delay the project. The decision was made to continue the project. Joe Bush then presented a revised plan that would include a MI two story home. Again, this was approved by myself, Mark Moelter. Joe Bush again informed that the city approved and would continue to build. From this moment on it was difficult to reach Joe Bush. Amy Moelter, who is my wife reached out to the City of Stillwater, when she was informed by the City Planner, Abbi Witman of the violations and permit denials. This had came to a shock being that our current live in home is 60 miles west of Stillwater. We had been disconnected for some time from the project with trust that Joe Bush had this under control and was building as permitted. I would like to take this opportunity to apologize for the damage done to the Historical property of 209 Wilkins Street East. Best Regards, Mares iter Washington County BOARD AGENDA SEPTEMBER 20, 2016 — 9:00 A.M. Board of Commissioners Chair, District 1 ry Kriesel, District 3 a Bigham, District 4 Lisa Welk, 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 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 Boardsecretaty or the County Administrator. The CountyBoard Chair will ask you to cone to the podium, state your name and city ofresidence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Boardof Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual S presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's Responsibilities. 3. 9:10 Consent Calendar — Roll CaII Vote 4. 9:10 Accounting and Finance — Doug Host, CliftonLarsonAllen Audit Firm; Carl Jacobson, Principal Accountant; Kevin Corbid, Deputy Administrator A. Presentation of the Results of 2015 Annual Audit B. Present the Government Finance Officers Association (GFOA) Excellence in Financial Reporting Award for the County's 2014 Comprehensive Annual Financial Report (CAFR) C. Review Information Provided in Annual Newspaper Insert Regarding 2015 Financial Information D. Presentation of the GFOA Distinguished Budget Presentation Award for the County's 2015 and 2016 Budgets 5. 9:45 Community Services — Tina Simonson, Economic Support Supervisor Support Governor Mark Dayton's Proclamation of September 2016 as Workforce Development Month in the State of Minnesota 6. 9:50 Property Records and Taxpayer Services — Jennifer Wagenius, Director Approval of Appointments to the 2016 County Canvass Board for the State General Election 7. 9:55 Public Works — Joe Gustafson, Traffic Engineer; Frank Ticknor, Design Engineer; and Wayne Sandberg, County Engineer A. Approval of Contract for $440,771.40 with Forest Lake Contracting, Inc. for Traffic Signal and Sidewalk Improvements at Three Intersections in the City of Stillwater B. Approval of Cooperative Cost Share Agreement with the City of Stillwater for Traffic Signal and Pedestrian Improvements C. Approval of Budget Amendment for $222,500 for the City of Stillwater's Portion of Project D. Approval of Contract for $667,490 with Kitnley-Horn and Associates, Inc. for the County State Aid Highway 13 Pedestrian Bridge over I-94 Project E. Approval of Contract for $315,609.50 with Braun Intertec Corporation for Material Testing Services 8. 10:15 General Administration — Molly O'Rourke, County Administrator 9. 10:25 Commissioner Reports — Comments — Questions This period of time shall beused by the Commissioners to report to thefull Board on committee activities, make comments on milers 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. 10. Board Correspondence 11. 10:40 Adjourn 12. 10:45-11:15 Board Workshop with Public Works — Hally Turner, Planner Overview of the Rush Line Corridor 11:20 Finance Committee Assistive listening devices are available for use In the County Board Room aaad ne.:0>n,a n,.a r.. rnenl., I., nr Naa„nan l,arrlar 11111.,440 a n!f IA511 4111.401a EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * SEPTEMBER 20, 2016 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Human Resources Property Records and Taxpayer Services Public Works ITEM A. Approval of September 6, 2016 County Board Meeting Minutes. B. Approval of policy revisions to include Rules and Regulations Sections 8, 12, 16, 17 and 19 as well as policy numbers 1020, 5032, 5505, 6008 and 6009. C. Approval of tentative agreement for a 2016-2018 collective bargaining agreement with the Deputy Sheriff unit represented by Law Enforcement Labor Services, Inc., Local #214. D. Approval of resolution setting aside twenty percent of the net proceeds from the tax forfeited land sale fund to the county park fund for the acquisition and maintenance of parks and recreational areas. E. Approval of Amendment No. 1 to the County State Aid Highway 26 City Storm Utility Cost Share Agreement with the City of Oak Park Heights. 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 ere available for use in the County Board Room If WI. nnav aalnlan«ttm rn nrsnneuy n, InrvInget ne.rf.., Won. nalf 111c1 .11B.ARnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Washington County BOARD AGENDA SEPTEMBER 13, 2016 - 9:00 A.M. Board of Commissioners Miron, Chair, District 1 Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Weik, District 5 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 August 23, 2016 D. Resolution — Approval of Sale of Lot 2, Block 1, Newport Station Addition — Jan Lucke, Transportation Manager E. Adjourn 2. 9:05 Washington County Board of Commissioners Convenes Roll Call 3. 9:05 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 listedon 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 askyou to conte to the podium, stale your name and city ofresidence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board ofCommissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentatiie, or if it is not relevant to an issue that is part of Washington County's Responsibilities 4. 9:15 Consent Calendar — RoII Call Vote 5. 9:15 Public Works — Joe Gustafson, Traffic Engineer and Wayne Sandberg, County Engineer A. Approval of Contract with G Urban Companies, Inc. for Traffic Signal and Sidewalk Improvements on County State Aid Highway (CSAH) 22 at its Intersections with Trunk Highway 61 and CSAH 38 in the Amount of $354,008 B. Resolution — Approval to Submit Transportation Project for Federal Funding 6. 9:25 General Administration — Molly O'Rourke, County Administrator A. Resolution — Certifying the Proposed Property Tax Levy Payable 2017 for Washington County B. Resolution — Certifying the Proposed Property Tax Levy Payable 2017 for the Washington County Regional Railroad Authority C. Resolution — Adopting the Washington County 2017 Proposed Budget D. Resolution — Adopting the Washington County Regional Railroad Authority 2017 Proposed Budget E. Resolution — Approving the Proposed Property Tax Levy Payable 2017 for the Washington County Community Development Agency 7. 9:45 Commissioner Reports — Comments — Questions This period of time shall beused by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive boardaction during this time Any action necessary because of discussion will be scheduled for a future board meeting. 8. Board Correspondence 9. 10:00 Adjourn 10. 10:05-10:35 Board Workshop with the Community Development Agency Update on the Activities at Red Rock Crossing Redevelopment District in the City of Newport 11. 10:40-11:10 Board Workshop with Public Health and Environment Overview of the Minnesota Buffer Law 12. 11:15-11:45 Board Workshop with the Office of Administration Review the Projects Recommended for Funding from the 2015 Mission Directed Budget Savings Program 11:50 Personnel Committee Assistive fi.stentny devrzes are available for use in the County Board Room re 41..rYn .,e egFr.n eahr,,,.,,..am, k,n.rr...vn,,,ia.-.,n rrs r1 san.nnnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * SEPTEMBER 13, 2016 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of August 23, 2016 County Board Meeting Minutes. Community Services Public Works B. Approval to set a public hearing for November 1, 2016 regarding the proposed modification of the redevelopment plan for Redevelopment Project No. 2 and the proposed establishment of Tax Increment Financing District No. 2-2 (Red Rock Crossing.) C. Approval to apply for the four Equity Grants released by the Minnesota Department of Employment and Economic Development to improve economic opportunities for people of color, women, people with disabilities, veterans, and youth in Minnesota. The Workforce Center would like to apply for the following Equity grants: Pathways to Prosperity Grant Program; Minnesota Support Service Competitive Grant; Youth at Work Competitive Grant; Women and High -Wage, High -Demand, Nontraditional Jobs. D. Approval of the 2016-2018 Group Residential Housing (GRH) Agreements for all Community Residential Settings, formerly known as Corporate Foster Care settings that accept GRH payment for room and board. E. Approval of the 2016-2018 Group Residential Housing Agreements for all Customized Living, formerly known as Assisted Living, settings that accept GRH payment for room and board. F. Approval of the 2016-2018 Group Residential Housing Agreements for two Board and Lodge settings that accept GRH payment for room and board. G. Approval of the 2016-2018 Group Residential Housing Rate 2 Agreement with Phoenix Service Corporation, Inc. H. Approval of the 2016-2018 Group Residential Housing Agreements for all Family Foster Care providers that accept GRH payments. I. Approval of Amendment No. 1 to Contract #10157 with Stonebrooke Engineering, Inc. for additional engineering services for a cost not to exceed $4,510, and to extend the term of the Contract to July 31, 2017. J. Approval of letter to the Department of Military Affairs to not purchase former Stillwater Armory. K. Approval of resolution to authorize final payment in the amount of $39,024.10 to Dresel Contracting, Inc. for completion of the Trunk Highway 61 at County Road 50 left turn lanes project. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Room If un i. mood nce reliurrn el.* In NfenhUfl ln..nunew. I.nrHnr rGrnrw nnrt r4v eVI f.fYrle EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER