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HomeMy WebLinkAbout2017-01-03 CC Agenda PacketREGULAR MEETING RECESSED MEETING i I t e r TME OIRTNRLRCE Of MINNESOTA NO CHANGE TO AGENDA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North January 3, 2017 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Discussion on Aiple Property concept 2. Discussion on Special Event Policy recommendations IV. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL IX. APPROVAL OF MINUTES 11. Possible approval of minutes of the December 20, 2016 regular meeting. X. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Certificate of Appreciation & Presentation of Retirement Plaque - Tom Linhoff (Resolution 2017-007- Roll Call) XI. 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. XII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 14. Resolution 2017-001, directing payment of bills (available Tuesday) 15. Resolution 2017-002, designation of depositories for 2017 16. Resolution 2017-003, designating a responsible authority and assigning duties in accordance with the State of Minnesota Data Practices Statute 17. Resolution 2017-004, designating the Stillwater Gazette and St. Paul Pioneer Press as the City's legal publications and approving contracts with the Stillwater Gazette and St. Paul Pioneer Press for 2017 18. Resolution 2017-005, appointments to Library Board of Trustees 19. Possible approval of 5600 Toolcat with attachments for removing snow from the dome and outdoor rink area - Capital Outlay - Rec Center XIII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 20. Case No 2016-043. This is the date and time for a public hearing to consider a request by Trinity Lutheran Church, property owner, and Brown Creek West, LLC, applicant for the consideration of a Zoning Map Amendment to include the 3 adjoining parcels to the Height Overlay District, zoning them as 'bluff side' for the property located at 107 3rd Street North in the CBD. PID 28.030.20.42.0061. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 2, 2016. (This public hearing will be opened and continued) 21. Case No. 2016-046. This is the date and time for a public hearing to consider a zoning code amendment that would require a public site plan review for any new construction or remodeling or change of use occurring in Downtown Stillwater that involves more than 12,000 gross square feet of floor space. Notice was published in the Stillwater Gazette on December 2, 2016. (This public hearing will be opened and continued) XIV. UNFINISHED BUSINESS 22. Possible approval of an agreement with the DNR related to Brown's Creek Park and Trail items (Resolution - Roll Call) 23. Continuation of discussion on elements of the Short Term Home Rental ordinance XV. NEW BUSINESS 24. Possible approval of meeting date changes for 2017 (Resolution - Roll Call) 25. Designation of Vice Mayor (Resolution - Roll Call) 26. 2017 Council Representative Appointments to Boards and Commissions (Resolution - Roll Call) XVI. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVII. COMMUNICATIONS/REQUESTS XVIII. COUNCIL REQUEST ITEMS XIX. STAFF REPORTS (CONTINUED) XX. ADJOURNMENT RESOLUTION 2017-001 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 $435,876.84 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 3rd day of January, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2017-001 Page 1 LIST OF BILLS Advanced United Al's Coffee Company Aspen Mills AutoNation Bernicks Blue Tarp Financial Board of Water Commissioners Bolton and Menk Inc. Buberl Black Dirt Inc. Carquest Auto Parts CDW Government Inc. Century Link Coca-Cola Distribution Comcast Coverall of the Twin Cities Cummins NPower LLC Dalco ECM Publishers Electric Fire & Security Emergency Automotive Mobile Unit Fastenal Company Geier Maureen Goodyear Commercial Tire Grainger Granicus Inc Heritage Printing Inc. Hitesman & Wold PA Holiday Credit Office Holland USF Hudson Rod Gun & Archery Club International Code Council Jansen Chad Jefferson Fire and Safety Inc. Kirvida Fire Inc. League of MN Cities Ins Tr M.J. Raleigh Truck Co. Madden Galanter Hansen LLP Mansfield Oil Company Magnuson Dave Marshall Electric Company Menards Met Council Metro Area Mgmt Association Metro Chief Fire Officers Assn Miller Excavating Sandjacking Coffee and supplies for concessions Uniforms & radio supplies Equipment repair Beverages for concessions Equipment repair supplies Dec 2016 Wac Charges Professional services Myrtle lift station Black dirt Equipment repair supplies Phone case & holster Telephone Beverages for concessions TV Internet & Voice Commercial Cleaning Services Equipment repair Urinal screen Publications Fire alarm inspection Vehicle repairs Equipment repair supplies Reimburse for training & books Tires Cable protectors Qtrly web streaming service Newsletter & utility billing supplies Professional services - employee benefits Fuel Shipping Police training Membership Reimburse for mileage Turnout gear Vehicle repair - 6112 Claim LMC CA 24235 Trucking Labor relations services Fuel Professional services Electrical work Supplies Dec 2016 SAC Charges Membership Membership 2016 Street project 2,565.00 1,265.05 2,678.49 2,747.57 70.00 289.54 1,287.00 1,123.38 28.00 66.01 45.51 41.54 415.20 383.67 2,312.00 228.44 103.32 28.14 399.50 1,372.75 31.00 1,454.86 2,343.58 268.26 1,086.00 3,744.25 200.00 24.86 50.00 200.00 135.00 276.48 2,115.93 1,825.34 1,000.00 5,107.25 685.09 6,934.06 6,389.33 6,168.00 178.24 2,460.15 45.00 100.00 145,791.91 EXHIBIT "A" TO RESOLUTION #2017-001 Minnesota UI Fund MN Dept of Agriculture MN Dept of Labor & Industry MN Recreation & Park Association MnFIAM Book Store MSP Outdoor Services Inc National Fire Protection Association Newman Signs North Shore Compressor Nuss Truck & Equipment Office Depot O'Reilly Auto Parts Pajor Graphics ASI Performance Plus LLC Quill Corporation Riedell Shoes Inc. Ryan Companies US Inc Sand Creek Group LTD Service on a Shoestring Karen Richtman dba SESAC Performance License Siegfried Construction Company George SRF Consulting Group St. Croix Boat and Packet Co. Stillwater Motor Company Streichers T.A. Schifsky and Sons TBEI Inc/Crysteel Manufacturing Theis Byron Toll Gas and Welding Supply Tri-State Bobcat Uline Inc United Refrigeration Inc Urbiha Judith USAble Life Verizon Wireless Viking Industrial Center WalMart Community Washington County Public Safety Radio Washington County Road & Bridge Washington County Sheriffs Office Wenck Construction Xcel Energy Interest Pesticide applicator license 2016 4th Qtr Surcharge Playground safety course Training books Clean & drain pool - 502 Edgewood Ave Membership Sign supplies Line valve Equipment repair Office supplies Equipment repair supplies Refund of Design review fees Medical evaluations Office supplies Skates Escrow refund CPC Case 2016-32 Employee assistance program Recycling Grant Music License Curb, gutter, & pedestrian ramps Downtown plan update Ramp cleaning & arena billing Vehicle service Gloves Asphalt Parts Reimburse for shipping for traffic counters Cylinders Bobcat rental Equipment repair supplies Equipment repair charges Reimburse for Blinds for Fire Hall Term Life Insurance Wireless service Gloves Gift card 800 Radio user fees Traffic services Quarterly MDCs Police & City Hall Remodel Energy Page 2 36.00 10.00 2,803.87 655.00 594.00 480.00 175.00 1,175.99 12.15 11,700.79 157.42 166.76 50.00 540.00 142.90 444.64 7,443.72 2,096.66 17,644.00 397.00 8,960.29 31,993.56 59,192.81 87.72 49.99 693.40 529.00 54.96 42.72 2,530.00 25.57 85.95 72.76 420.00 1,587.39 638.64 25.00 9,374.82 132.20 6,375.00 6,468.75 28,579.45 EXHIBIT "A" TO RESOLUTION #2017-001 Page 3 CREDIT CARDS Amazon.com Assoc. of MN Building Official Backgroundchecks.com Eventbrite Grand View Lodge Imprint Comfort Mats Our Designs Inc. Racine North Shine On University of MN LIBRARY Baker and Taylor Brodart Co Capital Label Inc. Communication Systems Specialists Ebsco Publishing Friends of the Saint Paul Public Library Menards Office of MN IT Services Papco Inc. Recorded Books Inc Thorager Natasha Toshiba Business Solutions LIBRARY CREDIT CARDS Amazon.com Dream Host littlebits.com DECEMBER MANUALS Century Link Comcast Enterprise FM Trust Sprint Verizon Wireless Xcel Energy Standing desks 2017 Membership Background Checks Class registration fee Hotel stay for out of town training Anti -fatigue mats for finance Incident commander firefighter statue Laptop Heart firefighter necklaces Building Officials Conference 2017 Materials Materials SPL Book Labels Workstation Cabling Materials Interim Director Search Janitorial Supplies Telephone Janitorial Supplies Materials Programs - Juv (SPLF) Maintenance Contract Materials Monthly Website Fee Programs - Teen (MELSA) Telephone TV Internet & Voice Lease vehicles Cell phone Police mobile broadband Energy 1,113.02 200.00 33.45 50.00 504.45 180.00 99.95 580.00 93.98 795.00 2,827.43 2,979.66 598.44 1,720.00 6,395.18 1,000.00 47.71 384.01 39.16 501.91 240.00 85.99 47.17 21.45 199.95 355.92 828.30 2,279.15 56.44 612.36 296.18 TOTAL 435,876.84 EXHIBIT "A" TO RESOLUTION #2017-001 Page 4 Adopted by the City Council this 3rd Day of January, 2017 WaS Cunt y BOARD AGENDA JANUARY 3, 2017 - 9:00 A.M. Board of Commissioners Fran Miron, Chair, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Weik, District 5 9:00 Oath of Office — Administered to the following Elected County Officials: Fran Miron, Commissioner District 1; Gary Kriesel Commissioner District 3; Lisa Weik, Commissioner District 5 2. 9:10 Roll Call Pledge of Allegiance 3. Election of Chair of the County Board for 2017 4. Election of Vice Chair of the County Board for 2017 5. Set Board Meeting Dates for 2017 6. 9:20 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the CounlyAdministrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's Responsibilities. 9:30 Consent Calendar — Roll Call Vote 8, 9:30 Community Services — Karen Ritter, Senior Employment Counselor Approval of Minnesota Department of Employment and Economic Development Equity Grant — Non -Traditional Opportunities for Women 9 9:35 General Administration — Molly O'Rourke, County Administrator Commissioner Committee Appointments for 2017 10. 9:45 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 11. Board Correspondence 12. 10:00 Adjourn 13. 10:00 Reception for Newly Elected Officials Assistive listening devices are available for use in the County Board Room We, naa.f eerie! j,a lli.o rne4en13,4'h.nresno..unm ru.dgr.rm.va nnl1 14C r4 n7n WWI EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JANUARY 3, 2017 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of December 13, 2016 County Board Meeting Minutes. Community Corrections Community Services Human Resources B. Approval of resolution awarding the 2017-2019 newspaper publishing bids and designating the county website as the official publication for transportation projects. C. Approval of reappointments of citizen volunteers to Advisory Committees for 2017. D. Approval of a Memorial Day appropriation of $100 each, upon request, in 2017 for military service organizations as set out in state statute. E. Approval to renew purchase of service agreements with Lakes Area Youth Service Bureau and Youth Service Bureau, Inc. for the period of January 1, 2017 through December 31, 2017. F. Approval to renew one contract with Rosewood Family Therapy for the period of January 1, 2017 through December 31, 2017 in the amount not to exceed $80,000. G. Approval of purchase of services agreement with Canvas Health for the period of January 1, 2017 through December 31, 2017 in the amount of $76,000. H. Approval of the 2016-2018 Group Residential Housing (GRH) Agreement for Peaceful Lodge, Inc., a Customized Living, formerly known as Assisted Living, setting that accepts GRH payment for room and board. I. Approval of the 2017-2019 contract with Owakihi to provide in home services for persons with intellectual and developmental disabilities. Approval of tentative agreement for a 2017-2018 collective bargaining agreement with the essential Captain, Commander and Jail Administrator unit represented by Law Enforcement Labor Services, Inc., Local #372. Sheriff's Office K. Approval for one full-time Deputy Sheriff Investigator for the City of Hugo. L. Approval for one full-time Deputy Patrol Sergeant for the City of Lake Elmo. 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 ,,nee n..a+��r;��z- -c.a r��:�rn�ur..�r,,..Q.•�.,n..a„r r..a,-A.-Eu ftis�i �r�n„snn° EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER REGULAR MEETING RECESSED MEETING i 1 Ater THE IIRTMPLACE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North January 3, 2017 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Discussion on Aiple Property concept 2. Discussion on Special Event Policy recommendations IV. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL IX. APPROVAL OF MINUTES 11. Possible approval of minutes of the December 20, 2016 regular meeting. X. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Certificate of Appreciation & Presentation of Retirement Plaque - Tom Linhoff (Resolution 2017-007- Roll Call) XI. 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. XII. 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. 13. Resolution 2017-001, directing payment of bills (available Tuesday) 14. Resolution 2017-002, designation of depositories for 2017 15. Resolution 2017-003, designating a responsible authority and assigning duties in accordance with the State of Minnesota Data Practices Statute 16. Resolution 2017-004, designating the Stillwater Gazette and St. Paul Pioneer Press as the City's legal publications and approving contracts with the Stillwater Gazette and St. Paul Pioneer Press for 2017 17. Resolution 2017-005, appointments to Library Board of Trustees 18. Possible approval of 5600 Toolcat with attachments for removing snow from the dome and outdoor rink area - Capital Outlay - Rec Center XIII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 19. Case No 2016-043. This is the date and time for a public hearing to consider a request by Trinity Lutheran Church, property owner, and Brown Creek West, LLC, applicant for the consideration of a Zoning Map Amendment to include the 3 adjoining parcels to the Height Overlay District, zoning them as `bluff side' for the property located at 107 3rd Street North in the CBD. PID 28.030.20.42.0061. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 2, 2016. (This public hearing will be opened and continued) 20. Case No. 2016-046. This is the date and time for a public hearing to consider a zoning code amendment that would require a public site plan review for any new construction or remodeling or change of use occurring in Downtown Stillwater that involves more than 12,000 gross square feet of floor space. Notice was published in the Stillwater Gazette on December 2, 2016. (This public hearing will be opened and continued) XIV. UNFINISHED BUSINESS 21. Possible approval of an agreement with the DNR related to Brown's Creek Park and Trail items (Resolution - Roll Call) 22. Continuation of discussion on elements of the Short Term Home Rental ordinance XV. NEW BUSINESS 23. Possible approval of meeting date changes for 2017 (Resolution - Roll Call) 24. Designation of Vice Mayor (Resolution - Roll Call) 25. 2017 Council Representative Appointments to Boards and Commissions (Resolution - Roll Call) XVI. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVII. COMMUNICATIONS/REQUESTS XVIII. COUNCIL REQUEST ITEMS XIX. STAFF REPORTS (CONTINUED) XX. ADJOURNMENT i11watt THE BIRTHPLACE OF MINNESOTA TO: Mayor & Council Members FROM: Bill Turnblad, Community Development Director DATE: December 28, 2016 RE: Concept Park Plan for former Aiple Property INTRODUCTION Since late 2012 the City has been working together with Washington County to purchase the former Aiple property on the St. Croix River and add it to the City's park system. The current planning effort in that project is the development of a Concept Park Plan for the property. When that has been adopted by the City Council and found acceptable to the County, then only a conservation easement will be needed before purchase of the property from the County can occur. PROJECT CHRONOLOGY • 2012 - Mrs. Aiple contacted Washington County about purchase of her property. • January 8, 2013 - The City Council voted to join Washington County in an effort to purchase the property for public open space. The County would take the lead in negotiating the purchase. The City would eventually own and maintain the property as a City park. • May 7, 2013 - The City Council approved a letter of support for a State LCCMR grant application submitted by Washington County. The grant was awarded. Amongst the terms of the grant the City will: o Restore much of property to natural conditions and provide passive recreational uses; o Own and maintain the property; and o Pay balance of purchase price to Washington County. • 2014 County purchased property for $4,300,000 o State granted $1,250,000 toward purchase o County contributed $1,952,000 toward purchase (Land & Water Legacy funds) o Upon City payment to County of the $1,098,000 balance, the land and maintenance responsibilities will transfer to the City. • Prior to conveyance of the land from the County to the City, a conservation easement will be recorded over it and the City must prepare a concept park plan that is found acceptable to the County. • July 19, 2016 - The City Council approved a contract with Hoisington Koegler Group to assist the City with preparation of the concept park plan. Aiple property concept plan Page 2 • August 12, 2016 - Planning and building consultants spent morning with City staff on the site viewing buildings and grounds. • September 14, 2016 - Focus group met to review and discuss the site inventory and conditions, as well as to brainstorm potential uses. • November 3, 2016 — Community meeting to review site conditions and brainstorm potential uses. • December 12, 2016 — Focus group met to review first draft of concept plan • December 19, 2016 — Park Commission review of draft of concept plan • January 3, 2017 — City Council scheduled to consider draft of concept plan • February — City Council scheduled to consider conservation easement • March — Purchase of property from Washington County COMMENTS Attached is the draft Concept Plan. It honors the conservation terms and intentions of the property purchase funding sources, both the LCCMR and County legacy program. At the same time, it offers the residents of Stillwater, as well as visitors, an opportunity to enjoy passive recreational uses on the west bank of the St Croix River. The main features of the concept plan are: • Nature exploration on the northern portion of the property. o Natural surface loop trail around ponds. If the trail on the berm cannot be improved due to environmental or financial concerns, then a loop will be created on the western side of the pond. o Possibly re -stock pond for family fishing. o Create as natural a barrier as possible between park and the private property to the north. • Passive recreational uses on the central portion of the site. o Remove existing Aiple residence and replace it with picnic area and potentially two small picnic shelters. o ADA accessible paddle craft put -in at beach area just south of former trout pond. o ADA accessible fishing pier using existing piles and shoreline improvements for former private dock. o Canoe/kayak drop-off area with two ADA accessible parking spaces close to the canoe/kayak put -in beach. o Re -purpose the existing two level detached garage for park storage purposes. o New natural surface trail that traverses the property and makes connections to: 1) the existing pond trail loop, 2) the Brown's Creek Trail near the detached garage, and 3) the Brown's Creek Trail near the current driveway entrance into the property. At some point in the future, this trail can also be extended through the disturbed woodland in the southern portion of the property to connect with Brown's Creek Trail at the north end of the former Zephyr Depot. • Future trail and park entry on southern portion of the property. • Vegetation restoration o Several turf areas would be converted to no -mow native grasses. o Shoreline would be stabilized in several areas as needed, and a native vegetative buffer would be established along much of the shoreline that currently lacks it. Aiple property concept plan Page 3 RECOMMENDATION The Park Commission recommends adopting the 12/21/16 version of the draft Concept Plan. REQUEST Staff requests the City Council to review the Concept Plan, and if the Council agrees with the Park Commission recommendation, approve the attached Resolution that adopts it. bt Attachments: Resolution Draft Concept Plan (Dated 12/21/16) Focus group and public input CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING THE CONCEPT PARK PLAN FOR THE FORMER AIPLE PROPERTY WHEREAS, on January 8, 2013 the City Council voted to join Washington County in an effort to purchase what is now the former Aiple property for public open space and park; and WHEREAS, on May 7, 2013 the City Council approved a letter of support for a State LCCMR grant application submitted by Washington County for matching funds to purchase the property, and amongst the terms of the grant received, the City will: restore much of property to natural conditions and provide passive recreational uses; pay balance of purchase price to Washington County; own and maintain the property; and WHEREAS, on January 7, 2014 the City Council approved a purchase agreement with Washington County to pay the balance of the purchase price for the former Aiple property; and WHEREAS, prior to conveyance of the former Aiple property from Washington County to the City of Stillwater, a conservation easement must be recorded in favor of Washington County over it and the City must prepare a concept park plan that is found acceptable to the County; and WHEREAS, a focus group was formed by the City to assist with development of a Concept Park Plan and on September 14, 2016 the focus group discussed site inventory and conditions and well as brainstormed potential uses of the property; and WHEREAS, on November 3, 2016 the City held a community meeting to review the site inventory, conditions, focus group discussion, as well as brainstormed potential uses of the property; and WHEREAS, in November of 2016 the HKGi planning consultant group assisted the City with the development of a Concept Plan based upon site visits, focus group discussions and comments from participants at the community meeting; and WHEREAS, on December 12, 2016 the focus group met again to review and discuss a first draft of the Concept Plan; and WHEREAS, on December 19, 2016 the Stillwater Park Commission reviewed the draft Concept Plan and recommended approval; and WHEREAS, on January 3, 2017 the City Council reviewed the Concept Plan dated December 21, 2016 and found it acceptable. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby adopts the Aiple property Concept Park Plan dated December 21, 2016. Adopted by the Stillwater City Council this 3rd day of January, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Aiple Property Park Concept Planning City Council Work Session January 3, 2017 Existing Conditions South 01 44e_ 1 A -` g Gate 1 r f i r 1 1 riw i ' Entrance S, Densely vegetated, swampy woods i ice} i ii rv. i ; 5r HI i d SI ; VIC (Voluntary Investigation rba ii '� pi i and Cleanup Site)- i possible non -petroleum grDi i contamination i i Jam,. i f=-: A Tree -lined Entry Drive Legend FEMA Flood Zones 500 -year 100 -year Voluntary Investigation and Cleanup Site Non-native deciduous woodland Midwest dry limestoneldolostone diff Oak forest mesic subtype Short grasses and mixed trees with impervious cover St. Croix River Freshwater Emergent Wetland ` Freshwater Forested/Shrub Wetland Freshwater Pond Existing Conditions Central ,17 Creek at base of bluff Mid-century Rambler Lawn with scattered landscape beds and remnant foundations Lawn with rows of evergreens Existing Conditions North • Natural Pool and Cave Raised Path around Trout Pond 901d Trout Pond Dilapidated Bridge (i)Garlage (creek runs beneath) Beach/Boat Launch COCreek at base of bluff 0 Mid-century Rambler Existing conditions Residence Observed Conditions: Overall the home is in good condition and repair, with the following observed exceptions: ❑ Active foundation crack at west wall of garage, and uneven upper level floor above garage ❑ Apparent active insect infestation in pool addition heavy timbers LI Standing water was observed in the lower home basement under the west entry ❑ Mold was observed on the walls of the lower pool basement (pump room) ❑ Condition and life expectancy of the built-up roof system was not reviewed ❑ Mechanical system reaching expected life and undersized for new use Existing conditions Residence Re -use Modifications: Conversion of the existing home for public use will require the following general upgrades: ❑ Provide ADA accessibility to the home on each level intended for public use ❑ Provide ADA toilets & fixture counts based on code calculated occupancy load ❑ Provide modifications to non -complying life safety items (railings, hand rails, fire alarms, etc) ❑ Provide code compliance for fire separation or fire protection sprinkler ❑ Provide new mechanical and electrical upgrades Existing conditions Residence Estimate of home conversion costs Total Cost of Construction $884,800 Design Contingency 15% $132,800 Subtotal $1,017,600 Escalation to midpoint of construction 0.0% $0 Subtotal $1,017,600 Owner's Construction Contingency 10% $101,800 Total Construction Budget $1,119,400 Estimate does not include roof replacement, septic system removal and sanitary sewer connection. L CONCEPT PLAN Z su imp r� m 0 imp • 0 Pedestrian connection to state trail. Grass surface to encourage pedestrians from state trail to use park trail, but discourage bikers. Bike racks provided at trailhead for bikers who want to walk the park trails rAdd a natural vegetation, strip between driveway and creek where feasible Design entrance to, encourage vehicles to parkin lot, discourage driving into park (see Exhibit A)� Potential 20-24 space, parking lot with portable restrooms (See Exhibit A for potential layout). Consult L MnDOT on R.O.W. use Buffer residential use from park use with vegetation and topography Highlight natural pool and grotto as a feature / interpretive opportunity Improve existing path around former trout pond into ADA accessible natural surface trail loop, if economically and environmentally feasible Preserve former trout pond, possible reuse for tout/family fishing Extend and improve existing trail route and rehabilitate existing foot bridge feature Repurpose existing garage for beach and paddle craft put -in storage ADA accessible beach with paddle craft put -in ADA accessible fishing pier, utilize existing piles Drop-off zone with 2 ADA parking spaces for paddle craft put -in Improve existing lawn as picnic area, preserve or repurpose existing landscaping, potential for two 10'x12' picnic shelters Preserve lawn, landscaping and trees, interpretive opportunity at o ld mill foundations. See Exhibit B for location and general use of structures in 1898 New pedestrian trail - natural surface Preserve trees, replace lawn with n o -mow native grasses Improve existing tree -lined driveway for beach, paddle put -in, fishing pier and ADA parking access (occasional wider stretches needed to allow o ncoming vehicles to pass by) 100 Year flood elevation Preserve stone gate posts as entry monument Vehicular entrance Potential pedestrian trail segment Preserve densely vegetated area, long term opportunity for restoration Park /downtown trail gateway Alternate fishing pier location GROTTO / POOL NATURAL SURFACE TRAILS CANOE/KAYAK RENTAL PICNIC LAWN NOTES: • Shoreline stabilization/restoration needed in some areas • A buffer strip of shoreline vegetation (native) to be established along much of the riverfront where feasible FISHING PIER 500 H s K 1 miller dunwiddie ARCHITECTURE DECEMBER 21, 2016 Access point same as current, but a 90 degree intersection created. p ilia t\ to pat..„,....a.,1 ,>_____.- r. 1IJ/J2)i Parking lot extension in dark grey represents 24 potential spaces for the park. Parking lot in light grey to be constructed by Theater. Buildings in 1898 Locations per Sanborn Maps ao Mill workers' homes Svendson Lumber Yard Slabs Lumber Mill general store and office Schulenburg Boeckler Lumber Mill Svendson Dimensional Lumber Yard MN Thresher MFG, Long warehouse [Boarding houses Steam kiln Legend railroad 1898 Aiple residence bldgs existed 1898 Aiple Property River 2013 Parcels (2016) Ai le ro erty conce t ark Ian Stakeholder's grou meeting 12/12/16 1. The im rovements need for the former trout and loo trail may not be economically or environmentally feasible. If so, erha s the trail leg on the river berm is abandoned and the loo consists of the leg on the u lands west of the and together with an im roved trail along the western shoreline of the and (this leg crosses the foot bridge). 2. Label the trout and "former trout ond" on the conce t lan. 3. Could the trout and be used again for stocking trout? Is so, could it be used for family fishing? 4. A note should be made on the conce t lan that a shoreline stabilization will be needed in some areas. 5. A note should be made on the conce t lan that a buffer stri of shoreline vegetation (native) will be established along much of the shoreline. 6. The area currently labeled "Preserve Wooded Lawn" was questioned. Perha s no lawn is needed in this area, and conversion to a no -mow short grass could be established. So, change the label to "Preserve Trees, establish no -mow grasses" 7. Perha s the area from the area between the ark entrance and what is currently labeled "Preserve Wooded Lawn" can be converted to no -mow taller native grasses/vegetation. 8. With these vegetation changes, the new edestrian trail could be a mowed grass trail from the entrance through the tall grass area, then through the shorter grass area. Then at the maintained lawn area the grass trail would have to change to some other ty e of im ervious surface. 9. A fishing ier on extreme south art of the ark would be good. Perha s as an alternate to the ier on the north end of the ark. The southern ier location has the advantage of being near the arking lot. 10. With the ossibility of two-way vehicular traffic inside the ark, the current driveway is likely too narrow. But to avoid adding too much additional im ervious surface, erha s occasional wider sections could be added. Maybe these wider sections are 20 feet wide. Then as o osing traffic a roaches, a car could meet the oncoming vehicle in one of the wider s ots. 11. The switchback trail connecting Brown's Creek Trail with the ark trail should have a grass surface. This will discourage bikers, at least street bikes, without s ecifically rohibiting them. It is the goal of a number of local residents to se arate bicycle traffic and edestrian traffic at least along this stretch of Brown's Creek Trail, by encouraging walkers to use ark trails and bikers to use Brown's Creek Trail. 12. Entrance to arking from Hwy 95 should be designed to discourage use of ark by motorists. Encourage its use for handica ed visitors and those dro ing canoes or kayaks into the river. See attached sketch for exam le. 13. Will MnDOT allow the "excess right of way" along Hwy 95 to be used in art for a arking lot? See attached sketch for ossible location of 24 s aces. 14. The ark driveway runs along and close to the creek. Is it ossible to create a bit of a vegetative buffer between the two? MEETING NOTES September 15, 2016 Aiple Park Focus Group Meeting #1 September 14th, 2016 3:00-5:00 pm Stillwater City Hall Hoisington Koegler Group Inc. 0® Km Creating Places that Enrich People's Lives Attendees: Name (organization), Name (organization) • Bill welcomes everyone • Introductions • Overview of site existing conditions and analysis (Hoisington Koegler Group, Inc.) • Overview of building condition and costs to make publically accessible (Miller Dunwiddie) • Comments/Questions o Stillwater really needs kayak/canoe parking in its own area. Paddlers get overwhelmed by motorized watercraft traffic at other launch points. ■ This park will emphasize non -motorized watercraft • Could have a paddle boat trolley rental from trailhead or parking areas along with a parallel or additional natural surface path in order to facilitate canoe/kayak transport to the park's new put in/pull-out. • Launch could be just north of the existing marina on the south side, or further into the park. Some say they would portage up to half a mile, others say the closer to parking the better. • Kayak rental stations and/or racks for parking kayaks while doing paddle -bike loops or day trips were also suggested. Hoisington Koegler Group Inc. 123 North Third Street, Suite 100 Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 www.hkgi.com Aiple Park - Stakeholder Meeting #1 - September 14th, 2016 o Brown's Creek Trail is getting busier and busier every month. Adding additional park visitor traffic could be troublesome. ■ Add a new path that enters into the park from downtown and separates itself from the BC Trail distinctly, so as not to contribute to extra traffic. ■ Signage/Gateway to park from BC Trailhead/ Downtown would be helpful ■ Other entrances into the park from the BC Trail include at the existing driveway gate, and about 500' north of that gate utilizing an old rail bed ■ Closest Brown's Creek Trail parking coming from the north is 3 miles northwest at the Brown's Creek Nature Preserve off of Neal Ave. o Worried about traffic issues along Hwy 95 that could result from a busy park access point at an uncontrolled intersection. If large capacity event, there would be cars lined up along the drive, trying to get back onto 95 or vice versa, and crossing the busy BC Trail. o Driveway access into site reads as residential. A gravel path would read more park -like. Plus it would remove impervious surface. ■ What is the role of this vehicular access if the building is removed? o What sort of parking can/should we accommodate onsite if the building is removed? ■ Do not like the idea of adding parking/impervious surface so close to the river o Is it possible to adequately park the site if the building stays or a new building is constructed that has a public capacity for retreat groups or event gatherings? (no) ■ No net gain of impervious allowed, so parking may have to be permeable. • South side of site makes sense from a location standpoint, but it is a Voluntary Investigation and Cleanup (VIC) site and may have contaminated soils that would need to be cleaned up before porous paving could be used. 2 Aiple Park - Stakeholder Meeting #1 - September 14th, 2016 ■ Sliver parcel immediately to the SW of the site is being leased by the Zephyr Theatre and will function as private parking for their events. Not open to shared use because they will have corporate/other group use of the theatre on days and weekends even when theatre productions are not in session. ■ 100 spaces of public parking exist south of the depot (Brown's Creek Trailhead) about 600' (<1/8 of a mile) from Aiple Park's south entrance, but visitors would have to walk an additional 1900' (> 1/3 of a mile) to get to where the residence sits now. o Seep creek/pond between entry drive and bluff receives groundwater from bluff as well as stormwater from property. o Boom site to the north just reopened after updates. Takes a lot of investment to maintain. ■ Friends of the Boom Site is considering a trail connection to the Brown's Creek State Trail, one to Fairy Falls, and a visitor's center. • Could be a great day trip/ looping opportunity with Aiple o City really needs a handicapped accessible fishing pier ■ Ensure parking/trail access meets ADA standards o Stillwater Marina should be involved in discussion of use of south side of Aiple ■ The north 100' of their property is not very publicly accessible ■ Zephyr Theatre wants it made into a plaza where they can have performances (across the trail from their double doors) o If building is removed, could be replaced by a smaller/more efficient pavilion structure or yert platform(s) that are flexible (could be removed/erected seasonally) ■ Program- picnicking, restrooms, potential rentals, interpretive space, visitor info o Art could be incorporated into park programming, similar to at Silverwood Park 3 Aiple Park - Stakeholder Meeting #1 - September 14th, 2016 o Build flexible space into the park so that gatherings of different sizes can be accommodated, art could be displayed, etc. o People want access to the water- to be able to touch and feel the river ■ Swimming beach may not want to be publicized considering the river's current/rocky bottom/need for lifeguards o There are only two public restrooms in downtown Stillwater o There is some desire for bike in/kayak in campsites and/or a walk/bike in hostel in Stillwater. ■ If house could be kept, a hostel could be a fitting use ■ Would the park be able to accommodate camping? 4 Ai le Pro erty: Conce t Planning Community Meeting #1 November 3, 2016 Comments/Questions from attendees: 1. No dog ark on the ro erty 2. Don't s end money to convert house, take it down instead. Es ecially because there is no need for ublic to com ete with rivate event industry. Has anyone done a s ace needs analysis for Stillwater? What would maintenance and o eration ex enses be? 3. Just how extensive is contamination in southern ortion? Can any ublic safely use the area? 4. Would be nice to se arate edestrian traffic from bikes on Brown's Creek Trail. The new ark could accommodate the edestrian traffic. 5. ADA accessibility needs to be a high riority. If you take out driveway, how does a wheel chair access all of the arts of ark? How do you rovide emergency vehicles access to all arts of the ark? Is it ossible to kee driveway in exchange for removal of house and erha s other hard surfaces? Could a few scattered arking s ots be rovided along driveway or in turnaround? At least for handica ed vehicles? 6. Along northern edge of ark there is an easement to the City (over rivate ro erty) for storm sewer ur oses, also a gate in the fence for this. How will that and the fence be managed in ark Ian? Will fence be u graded, or lengthened? 7. Will there be a method for discouraging the ublic from wandering from the ark into the rivate beach/boat dock outlot to the north? 8. Will there be restrooms? Es ecially im ortant since a large use grou of the ark will be Brown's Creek Trail users. 9. If restrooms are orta otties for a while, there needs to be at least driveway access to service them. 10. Passive uses referred. 11. Parking is an issue. Can the arking lot north of the Ze hyr De of be ex anded? Would MnDot allow this in their excess R -0-W? Could there be arking on shoulder of HWY 95? 12. Would NPS/DNR/Friends of St. Croix like to use house and ay for remodeling? 13. How much of ark will flood? 14. Could there be canoe/Kayak cam sites? 15. A fishing ier would be nice. Would there be o ortunities for docking motor craft/motor boats? 16. Can flower gardens be art of Ian? 17. Flowers and lants should be native s ecies only. Remove non -natives. 18. Are there remnants of the former lumber mill that have historical inter retative value? Or that are ex osed and a danger to the ublic? 19. Since the LCCMR grant was based on a ro osal that does not kee the house, any Ian to kee the house would have to be a roved by LCCMR. June Mathiowetz mentioned that she believes this would be very difficult. 20. Could there be icnic shelters or gazebos on the ro erty? Could they be located closer to the river then 100'? 21. Lighting on the trails was discussed. Most were o osed though erha s some low rofile, low lumen o tions might be a ro riate. 22. Would the detached garage stay in lace? There are many otential ark maintenance, equi ment storage and other uses. The LCCMR grant was silent on this matter, so there seems to be no com elling reason to remove it. 23. Neighbors are concerned about inn rovement setbacks; activities on the ark edges that abut them; discouraging ark users from wandering off on to rivate ro erty. 24. Is there a ossibility of filling the trout and and creating more flat ground for ark use? Ilwa ter Administration TO: Mayor & City Council FROM: Tom McCarty, City Administrator DATE: December 29, 2016 SUBJECT: Proposals for Updates/Changes to Stillwater Event Policy BACKGROUND INFORMATION: The Stillwater Strategic Plan adopted by the City Council in October of 2015 included an initiative to "Review the City Events Strategy and Update Event. Policies", City staff has collected background data regarding event activity within Stillwater, researched event policies from similar Minnesota cities, discussed potential policy updates at City Council work sessions and convened staff work sessions to develop, discuss and analyze potential City Event Policy updates and changes. Elements of the City Event Policies that have been reviewed as part of the current analysis include: Application Submittal Timelines, Event Thresholds, Fee Structure, and Designated Routes for Events, Attached for City Council review is a draft "redline" version of the applicable sections of the City Event Policies showing suggested language updates to the Event Policies. Background information is included showing the number, location and type of events in 2016. Also included are two maps depicting all 2016 route events in different formats: by type of event (contract, special or regular event), and by event title. REQUESTED COUNCIL ACTION: Staff requests the City Council review the proposed updates to the City Event Policy and provide direction to staff for further review and analysis on the proposed updates. Staff will present the proposed Event Policies updates to the Parks Commission and any other appropriate City boards or commissions for their consideration, input and recommendations prior to submitting final recommended updates for City Council consideration and action. Updates to the City Event Policies will require adoption of a resolution by the City Council. 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www,ci,stillwater.mn,us PROPOSED CHANGES T❑ THE CITY OF STILLWATER EVENT POLICIES December 29, 2016 Council adopted a resolution on December 21, 2010 establishing policies and procedures for reviewing event applications. The following items printed in red are the draft proposed changes to be amended to the current policies. Application Submittal Extend the application due dates on Special Events and Special Events with Contract to allow for greater lead times to complete the review process. Event Special Event Special Event With Contract Application Due 30 days prior to event Application due 50 90 days prior to the event Application due 69 120 days prior to event No Application Fee $50 Application Fee $100 Application Fee Event Thresholds Revisions on event descriptions to provide event organizers a clearer distinction of where their event will be placed for the application review process. Event Special Event Special Event With Contract A gathering is considered an event when any one of the A gathering is considered a special event when any one of A special event requires a contract with the city if: following thresholds applies: the following thresholds applies: 1) Closure of street— One 1) Closure of street — One block of block of o residential street is closed for up to 5 hours; or any portion of o commercial street is closed for up to 2 hours. a residential street is closed for more than 5 hours; or more than one block of a residential street is closed for any length of time; or any portion of a commercial street is closed for 2 hours or more. 2) Public parking lot use —1 2) Public parking lot use —10 or to 9 spaces in a public parking lot are reserved. more spaces in a public parking lot ore reserved. 3) Street use (including 3) Street use (including sidewalks sidewalks and trails) — The event has a route on a public street(s), sidewalks or trails, such as races, walks, or parades that don't require traffic control and obeys all traffic rules. and trails) — The event has a route on a public street(s), sidewalks or trails, (such as a race, walk or parade) that requires street closure, traffic control, street sweeping, or the use of "no parking signs" along the route. 4) Number of people in a 4) Number of people in a pork Number of people in a park park - 250 or more people ore expected at a time in a 1000 -2500 people are expected in a public park. 2500 or more people are Page 2 of 3 public park. (Note: Any athletic event that has a park reservation approved by the City's park reservation staff is not subject to this threshold). Special Event expected ata time in a public park No event base fee required $500 per day* Base Fee if using Lowell Park or Pioneer Park Contract with city required $1,500 per day* Base Fee if using Lowell Park or Pioneer Pa rk Events with Routes— No participant fee required The event occurs on multiple days, OR overtime of city employees is necessary, OR necessary, OR extra- ordinary city employee support or city materials are necessary, OR any out-of- pocket expenses* are incurred by the city, OR Cost of City Services is over $1,000 *Out-of-pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies, billables (e.g. postage), and any contracted services. Fee Structure Restructure the park usage fee to establish a tiered fee that captures the impact on city facilities and services based upon the size of the event and location. All events will continue to be responsible to pay for reserved parking spaces, police services and city equipment/materials. Event Special Event Special Event With Contract No event base fee required $500 per day* Base Fee if using Lowell Park or Pioneer Park $500 Park Usage Fee $1,500 per day* Base Fee if using Lowell Park or Pioneer Pa rk Events with Routes— No participant fee required Events with Routes —$1 per registered participant Events with Routes — $1 per registered participant *Per Day includes each day of event. Separate load in day fee of $500/day will apply. Designated Routes for Events Define locations where running routes such as 5K, 10K can occur within the City to decrease the impact on neighborhoods, city services and facilities. Event Special Event Special Event With Contract Preapproval of planned route required Run events can only use the following routes. Define routes. (see maps). Bike events require preapproval of planned route Run events can only use the following routes. Define routes. (see maps). Bike events require preapproval of planned route Page 3 of 3 Revisions on Application and Instructions Update the application and instructions to improve descriptions of items needed when applying. 1. Insurance (current minimums required by LMC) 2. Vendor Types (differentiate between food and retail) 3. Emergency Action Plan (provide a sample) 4. Alcohol Updates (fencing requirements, insurance rules and compliance program) 5. Advertising prior to event approval or application submittal 6. Final event site plan due 15 days prior to event, barring emergencies such as St. Croix River flooding. STILLWATER EVENTS Number of Events Year 2016 2015 2014 2013 2012 2011 Events 21 20 14 19 19 18 Special Events 7 6 10 9 9 9 Contract Events 10 10 8 8 9 9 Other Events 3 3 1 1 2 1 Total Events 41 39 33 37 39 37 Location of Events (one event has multiple locations) Year 2016 2015 2014 2013 2012 2011 Downtown Events 15 15 15 12 14 13 Route Events 15 6 5 7 7 6 Block Parties 8 9 6 9 7 9 Other Sites/Parks 6 9 7 9 11 9 The statistics above do not include: Multiple dates for Summer Tuesdays, Car Show or Farmers Market Teddy Bear Park or Washington Square children's programs Park reservations for weddings, picnics, ball tournaments, etc Event Type Description Events Residential street blocked <5 hours or Commercial street <2 hours or <9 parking spaces reserved or route with no services required or >250 people in public park Special Events Residential street blocked >5 hrs or more than 1 block or Commercial St >2 hrs or 10+ parking spaces reserved or route with traffic control, street closure, or parking restrictions Contract Events A Special Event needing a contract due to services over $1000 or held multiple days Other Events Doesn't fit event criteria but requires approval or city services Updated: 11/30/2016 2016 Events (by Type of Event) Contract Events - *event held multiple weeks Location Size 1 * Summer Tuesdays 2 Stillwater Harvest Festival 3 Ice Castles of Stillwater 4 Rivertown Art Festival 5 Fall Fine Art and Music Festival 6 * Crusin' on the Croix Car Show 7 Lumberjack Days Lumberjack Days Downhill Derby Lumberjack Days 5K Lumberjack Days Parade 8 North Star Grand Prix 9 Stillwater Half Marathon & 5K 10 * Stillwater Farmers Market Special Events 1 Brine's Bocce Ball Tournament 2 NILMDTS Rememberance Walk 3 Embrace Autism 5K 4 Turkey Trot 5 Faster Than The Pastor 6 St. Mary's German Fest 7 St. Mary's Wild Rice Festival Events Downtown - Lowell Park and 1 Parking Lot Downtown - Lowell Park and 1 Parking Lot Downtown - Lowell Park and 1 Parking Lot Downtown - Lowell Park and 2 Parking L.ots Downtown - Lowell Park and 2 Parking Lots Downtown - Multiple Parking Lots Downtown - Lowell Park and Multiple Parking Lots Route - 2nd Street Route - Around lake to Pioneer Park Route - Washington Park to Pioneer Park Route - Downtown and 2 Parking Lots Route - Into city ends at Pioneer Park Other - 1 Parking Lot Location Downtown - 1 Parking Lot Route - Downtown Lowell park Route - Oak Park Elementary Route - River Valley Athletic Club Route - St Mikes & St Marys Church Block - 5th St S Block - 5th St S Location 600 10,000 50,000 5,000 6,000 1,000 15,000 5,000 1,600 200 94,400 Size 250 800 200 150 1,000 500 500 3,400 Size 1 Winter Ice Cream Social 2 US Gondola Nationals 3 Twinkle Party & Tree Lighting 4 S.E,E.D Earth Day 5 Reindeer on the Plaza 6 Ragnar Relay 7 Stairs of Stillwater Fundraiser 8 St Croix Catholic Walk-a-thon 9 834 Voice Walk-a-thon 10 American Diabetes Walk 11 Unity Day 5K 12 North Hill Ice Cream Social 13 Block party on North 5th St (Spring) 14 Block party on North 5th St (Fall) 15 Wash Cty Law Enforcement Day 16 Greeley Golden Living Party 17 Block party on William St 18 Wash Cty Hazardous Waste Day 19 1st State Bank Open House 20 Memorial Day Ceremony 21 Veterans Day Ceremony City Events 1 SPD Youth Bike Safety Rodeo 2 Independence Day Celebration 3 2016 Night to Unite Downtown - Lowell Park Downtown - Lowell park Downtown - Lowell Park Downtown - parking lot Downtown - Ped Plaza Route - through the city Route - through the city into Lowell Park Route - St Croix Catholic School Route - 1st Presbyterian Church Route - around lake to Pioneer Park Route - Stillwater Jr High Block - 3rd St N Block - 5th St N Block - 5th St N Block - Pine Street Block - William St Block - William St Other - Lily Lake Park Other - Liberty Square Park Other - parking lot Other - parking lot Location Downtown - parking lot Downtown - parking lots, parks Other - Washington Square 1,000 300 3,000 100 400 400 250 350 400 300 1,000 75 100 100 200 100 25 800 500 700 200 10,300 Size 400 30,000 1,500 31,900 Total Estimated Attendance for all Events: 140,000 Stillwater 5K & half Marathon - May 28 American Diabetes nalk - Oct 1 ® OS 1111111.161 Lumberjack Days 1 � I n 1 111' ,•'•� 111111•41111111\ Embrace Autism OEM 5K April .1.11.11111111f 111111111urn''I�1111 a . RgnarRielay - Aug 13 i NI& 834 Voice up Walk - C)C1 1 _:44411111 IW Dov shill C7er o}y - .July '1 7 Lu Parade - July 17 Twinkle Parade 2015 Engineering Department 2016 EVENTS NorthSrarf,ran[1I-ri -.lune 10 00.0531 02 0.3 04 Miles S1 Croix Catholic. UValkathon - Oct 1 Fa ler Than The Pastor - Nov 12 IJrlty Day 5K Oci15 flocumenelbette OPE Date: t1 f30n0 t fi 5tG15120145 Roux events.mxdj oeu0p)1D R Stilluvater 5k 5 Halt Maiathon - rJ1ay 26 Arnerit,an Diabetes Walk - Oct 1 N 1 Stillwater Lag Run Cancelled in 2016 =INE ME Pi kit ■ rui - Lli v tika,...„01.413411,1 ard� I - . LiDFa ::iinuiuiii 11111 IIIIuui F-str Thon he Pasthr -Nov 12 Engineering Department 2016 ROUTE EVENTS NILMDTS Walk - Sep1 1U Starrs of Stillwater - Aug 20 Twinkle Parade - 2015 Downhill Derby - July 15 Autisn' 5K April 2 Turkey Trol Nov. 24 N STATE 36 Ole • Events • Special Events" • Contract Events" "Requires Police Services North Star Grand Prix - June 19 St Croix Catholic Walkathon - Oct 1 0 • 1 Unity Day 5K Oct 16 0 (7 0 834 Voice Walk - Oct 1 Raanar Relay - Aug 13 0 0,050.1 0.2 0.3 0.4 Miles Date: 1227001, Eic-_�,n•cr' P:z5 5 .. pse,',SPEC I EVEN -54G1312016 Routs �van;5: rr r 1\la t ec 114E O IRTIIPLA CE OF MINNESOTA CITY COUNCIL MEETING December 20, 2016 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:06 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of December 6, 2016 regular and recessed meeting minutes Motion by Councilmember Junker, seconded by Councilmember Menikheim, to approve the minutes of the December 6, 2016 regular and recessed meeting. All in favor, 5-0. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of Service Learning Project — Conflict of Interest by Students of Politics of American Cities — UW -River Falls City Administrator McCarty explained that staff worked with five students to develop potential recommendations for the Council to consider. Shelby, a senior, and Paige, a junior, explained their recommendations. Mr. McCarty suggested scheduling an early February work session to compare the material the students presented with what is currently in place. OPEN FORUM Mary Ann Sandeen, 650 N. Main St. #308, president of Friends of Stillwater Public Library, explained the purpose of Friends. Fundraising is their main function. They have two huge sales and an ongoing sale in the library. They value the generous support of members, volunteers and loyal customers. Councilmember Polehna thanked the members of Friends for their work. City Council Meeting December 20, 2016 Ann Wolff, 701 Harriet Drive, president of Stillwater Public Library Foundation, stated the Foundation exists solely to raise money to supplement the tax dollars. Donations to the Foundation are growing, more people are donating and donations are increasing. A $25,000 endowment has been started to continue this legacy. She thanked the Council and conveyed how much the community values and supports the library. STAFF REPORTS Public Works Director Sanders informed the Council that the DNR has tentatively agreed to allow the City to do winter maintenance on Brown's Creek trail. An agreement will be brought to the next meeting. Staff is working with Xcel Energy to re -light the snowflakes on Main Street. Overnight snow removal will be done on Main Street Wednesday/Thursday. CONSENT AGENDA Resolution 2016-222, directing payment of bills Possible approval to roll over Capital Outlay Items: a) Fire b) Public Works (Streets, Sewer and Parks) c) Plant City Hall a. Permanent improvements d) Community Development e) Library f) Recreation Center g) Police h) MIS Possible approval to roll over 2016 Professional Services Funds — Community Development Possible approval to roll over 2016 Economic Development Funds Resolution 2016-223, resolution granting license to Patricia Wolf for the operation of multi - person tour cycles on city streets and rescinding Resolution 2015-224 Possible approval of temporary liquor license — Greater Stillwater Chamber of Commerce — January 20, 2017 — Lowell Park (HDM) Resolution 2016-224, a resolution approving the abatement of certain special assessments Possible purchase of projector for fire station — MIS Possible approval of 23rd Annual Bocce Ball Tournament — February 18, 2017 - Brines Resolution 2016-225, approval of contract between the City of Stillwater and Sand Creek Group, Ltd. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None PUBLIC HEARINGS There were no public hearings. Page 2 of 4 City Council Meeting December 20, 2016 UNFINISHED BUSINESS Possible approval of extension amendment relating to the Aiple property City Administrator McCarty stated the agreement with Washington County for the City purchase of the north Aiple property along the river expires December 31, 2016. Staff has been working with County staff to complete a development plan for potential future use, which will be reviewed at the January 3 meeting. An extension to the original agreement is needed to finalize the purchase. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2016-226, first amendment to agreement between Washington County and the City of Stillwater for land acquisition for park purposes. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None NEW BUSINESS Possible approval of subdivision for the Kohns property at 1020 North Owens Community Development Director Turnblad explained that Lois Kohns, owner of the 1.7 acre lot located at 1020 Owens Street North, would like to split a single 85' wide by 324' long parcel off of the southern edge of the property. The new, southern parcel would be sold to a third party. No site improvements are proposed to be installed as a part of this subdivision. Staff finds the requested subdivision to be reasonable and consistent with the City's Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance, and recommends approval with six conditions. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2016- 227, a resolution approving the subdivision for certain lands located at 1020 Owens Street North. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None COUNCIL REQUEST ITEMS There were no Council request items. Councilmember Menikheim noted that the Stillwater Library Board will meet tomorrow to discuss selection of an interim director and assistant director. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the meeting at 7:41 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Ted Kozlowski, Mayor Page 3 of 4 City Council Meeting December 20, 2016 Resolution 2016-222, directing payment of bills Resolution 2016-223, resolution granting license to Patricia Wolf for the operation of multi - person tour cycles on city streets and rescinding Resolution 2015-224 Resolution 2016-224, a resolution approving the abatement of certain special assessments Resolution 2016-225, approval of contract between the City of Stillwater and Sand Creek Group, Ltd. Resolution 2016-226, first amendment to agreement between Washington County and the City of Stillwater for land acquisition for park purposes Resolution 2016-227, a resolution approving the subdivision for certain lands located at 1020 Owens Street North Page 4 of 4 Cfy od S tiQpwaten, <M i nesota CPnoe amation RESOLUTION 2017-007 mom Lin`ioff WHEREAS, Tom Linhoff is retiring from his position as Part- time, On -Call, Assistant Chief for the City of Stillwater ,dire Department, effective December 31, 2016. NOW THEREFORE, BE IT RESOLVED, by the City Counc it of the City of Stillwater, _Minnesota, that for his service to the City of Stillwater, f'om is hereby commendedfor serving the City for over 42 years. The Council extends their appreciation for his dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to enter this Certificate of Appreciation upon the official record of the Council and to deliver a certified copy thereof to Tom Linhoff. Adopted by the City Council this 3rd day of January, 2017. RESOLUTION 2017-002 DESIGNATION OF DEPOSITORIES FOR 2017 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the following is hereby designated as an City depositories for the year 2017: Oppenheimer Central Bank Edward Jones Lake Elmo Bank Minnesota 4-M Investment Fund Raymond James U.S. Bank Wells Fargo Securities Wells Fargo Advisors Adopted by the City Council this 3rd day of January, 2017. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk RESOLUTION 2017-003 DESIGNATING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES IN ACCORDANCE WITH THE STATE OF MINNESOTA DATA PRACTICES STATUTE WHEREAS; Minnesota Statutes, Section 13.02, Subd. 16, as amended, requires that the City of Stillwater appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, with the City; and WHEREAS, the Stillwater City Council shares concern expressed by the Legislature on the responsible use of all City data and wishes to satisfy this concern; and WHEREAS, the City Council has appointed an administratively qualified Responsible Authority as required by the statute in the past; and WHEREAS, the Stillwater City Council wishes to update the appointment for 2017. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater appoints J. Thomas McCarty, City Administrator, as the Responsible Authority for the purposes of meeting all requirements of Minnesota Statutes, Chapter 13, as amended, and with rules as lawfully promulgated by the Commissioner of Administration as published in the State Register. BE IT FURTHER RESOLVED, as follows: 1. To ensure that all individual data is available to the Responsible Authority and Data Compliance Officer all personnel, background investigation (raw and summary data), training, disciplinary and medical files shall be retained in a secure location as deemed appropriate by the Responsible Authority (City Administrator) and Data Compliance Officer (City Clerk). 2. That the Responsible Authority shall require the requesting party to pay the actual cost of making, certifying and compiling copies and of preparing summary data. Adopted by the City Council of the City of Stillwater this 3rd day of January, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk tI l ler Administration To: Mayor and City Council From: Diane Ward, City Clerk Date: 12/29/2016 Re: Designation of Legal Publications for 2017 The City has received proposals from The Stillwater Gazette, Press Publications, and St. Paul Pioneer Press to provide legal publication services to the City as follows: • Gazette's rates are $4.69 per column inch for the first insertion, ($3.81 per inch for subsequent insertions of the same legal notice) • St. Paul Pioneer Press (Washington County section, Monday -Saturday) $2.00 per print line for liner ads; and $3.75 per column inch (for display ads) • Press Publications' rate is $7.98 per column inch The legal publications have been published in the Gazette for many years, and even though their frequency of publications have been reduced to Friday, the requirements for legal publications have been met. Occasionally there is a need to publish before the next deadline for the Gazette, so the Pioneer Press is an excellent resource for those situations. RECOMMENDATION: It is recommended that the City continue with the Stillwater Gazette for its legal publications, and also designate the St. Paul Pioneer Press as a secondary legal publication should the need arise. ACTION REQUIRED: If Council agrees with the recommendation, they should pass a motion adopting resolution entitled designating the Stillwater Gazette and Pioneer Press for legal publication, designating the St. Paul Pioneer Press as a secondary legal publication, and approving the 2017 Contract with the Stillwater Gazette and St. Paul Pioneer Press. RESOLUTION 2017-004 DESIGNATING THE STILLWATER GAZETTE AND ST. PAUL PIONEER PRESS AS THE CITY'S 2017 LEGAL PUBLICATIONS AND APPROVING CONTRACTS WITH THE STILLWATER GAZETTE AND ST. PAUL PIONEER PRESS FOR 2016 WHEREAS, the City is required to designate a legal newspaper every year; and NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council as follows: 1. The Stillwater Gazette is hereby designated as the City's official publication for all legal notices; 2. The St. Paul Pioneer Press is hereby designated as the City's secondary official publication for legal notices that are not able to be published in the Stillwater Gazette, should the need arise as determined by the City Clerk; and 3. That the contracts for the Stillwater Gazette and St. Paul Pioneer Press are is hereby approved and authorizes the Mayor and City Clerk to sign the contracts on behalf of the City. Adopted by the Stillwater City Council this 3rd day of January, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk AGREEMENT FOR OFFICIAL NEWSPAPER - CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2017 THIS AGREEMENT, made and entered into this 3rd day of January, 2017, by and between THE STILLWATER GAZETTE, hereinafter called the "Contractor", and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the "City". WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 4. The Contractor agrees that The Stillwater Gazette is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, §331A.01, having general circulation in the City of Stillwater. 5. That for and during the calendar year ending December 31, 2017, the Contractor will publish all legal notices in The Stillwater Gazette. 6. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 7. That all of the publications shall generally conform with established standards of quality previously provided the City. 8. In accordance with the Specifications for City of Stillwater publications for 2017 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost per column inch for official City publications shall be: First insertion: $4.69 per column inch Second, and each subsequent insertion: $3.81 per column inch IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: THE STILLWATER GAZETTE In presence of: CITY OF STILLWATER Diane F. Ward, City Clerk Ted Kozlowski, Mayor AGREEMENT FOR THE ST. PAUL PIONEER PRESS OFFICIAL SECONDARY NEWSPAPER - CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2017 THIS AGREEMENT, made and entered into this 3rd day of January, 2017, by and between THE ST. PAUL PIONEER PRESS, hereinafter called the "Contractor", and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the "City". WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that the St. Paul Pioneer Press is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, §331A.01, having general circulation in the City of Stillwater. 2. That for and during the calendar year ending December 31, 2017, the Contractor will publish legal notices in the St. Paul Pioneer Press that are not able to be published in the Stillwater Gazette, as determined by the City Clerk. 3. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4. That all of the publications shall generally conform with established standards of quality previously provided the City. 5. In accordance with the Specifications for City of Stillwater publications for 2016 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost for official City publications shall be as follows: $4.00 per line (to incorporate approximately 22-25 characters). And in the section where legal notices run (Classified Marketplace), there are 14 print lines to a vertical inch, for a total of $56.00. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: THE PIONEER PRESS In presence of: CITY OF STILLWATER Diane F. Ward, City Clerk Ted Kozlowski, Mayor HllwateL, Administration Date: December 27, 2016 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Library Board Appointments Ms. Maureen Bell and Mr. Craig Hansen have terms expiring December 31st on the Library Board of Trustees and have expressed their willingness to continue for another three year term. We published the openings in the Gazette, and the deadline for receiving applications has passed. There were no other applications and, at their regular meeting, the Library Board of Trustees approved the recommendation that Ms. Bell and Mr. Hansen be reappointed. ACTION REQUIRED: If Council agrees with the Board of Trustees to reappoint Ms. Bell and Mr. Hansen, Council should pass a motion adopting a resolution entitled "Appointments to the Library Board of Trustees," with terms expiring December 31, 2019. RESOLUTION 2017-005 APPOINTMENTS TO LIBRARY BOARD OF TRUSTEES NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby appointed the following Library Board of Trustees at their January 3, 2017 regular City Council meeting: Maureen Bell Craig Hansen Term Expires - December 31, 2019 Term Expires - December 31, 2019 Adopted by Council this 3rd day of January, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk STAFF REQUEST ITEM Department: St. Croix Valley Rec Ctr Date: 01/02/17 DESCRIPTION OF REQUEST (Briefly outline what the request is) To purchase a 5600 Toolcat and attachments for removing snow from the dome and outdoor rink area. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Funding has been budget through Capital Outlay $55,000 ADDITIONAL INFORMATION ATTACHED Yes No x ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Douglas Brady Date:01/02/2017 vvw-cie-njv 4-11.02.0 L,, lo2a 7 /lo �.. ,4 � Si S f M I N N E S P I A CITY COUNCIL MEETING DATE: January 3, 2017 CASE NO.: 2016-43 APPLICANT: City of Stillwater REQUEST: Consideration of a Zoning Map Amendment (ZAM) to require site plan review of certain development projects in the Central Business District PREPARED BY: Abbi Jo Wittman, City Planner In response to HPC comments of a draft ZAM, materials were rewritten and therefore not available for the Planning Commission hearing last month. As such, the Planning Commission has not yet acted on this application. Consequently, staff is requesting the City Council postpone consideration of CPC Case No. 2016-43 to February 7, 2017, in order to give the Planning Commission sufficient time to review and make recommendation on the request. Si S f M I N N E S P I A CITY COUNCIL MEETING DATE: January 3, 2017 CASE NO.: 2016-46 APPLICANT: City of Stillwater REQUEST: Consideration of a Zoning Text Amendment (ZAT) to require site plan review of certain development projects in the Central Business District PREPARED BY: Abbi Jo Wittman, City Planner In response to HPC comments of a draft ZAT, materials were rewritten and therefore not available for the Planning Commission hearing last month. As such, the Planning Commission has not yet acted on this application. Consequently, staff is requesting the City Council postpone consideration of CPC Case No. 2016-46 to February 7, 2017, in order to give the Planning Commission sufficient time to review and make recommendation on the request. MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: December 21, 2016 SUBJECT: Brown's Creek State Trail Cooperative Agreement DISCUSSION Minnesota Department of Natural Resources (DNR) has indicated to the City that they will not be performing any winter maintenance on the Browns Creek Trail within the City of Stillwater. Over the last couple of months, staff has been in discussions with the DNR about the City performing winter maintenance and has reached an agreement to where the City would perform maintenance on the trail for the 2016/2017 winter season. The City is proposing to plow the trail from Marylane Avenue North to the trailhead at Laurel Street. This agreement would be in effect until April 1, 2017. Afterwards the DNR would review the maintenance efforts of the City with the possibility of a five year agreement beginning in the fall of 2017. RECOMMENDATION Staff recommends that Council approve the Brown's Creek State Trail Cooperative Agreement between the State of Minnesota and the City of Stillwater ACTION REQUIRED If Council agrees with the recommendation, they should pass Resolution No. 2017 - BROWNS CREEK STATE TRAIL COOPERATIVE AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF STILLWATER APPROVING THE BROWNS CREEK STATE TRAIL COOPERATIVE AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF STILLWATER WHEREAS, an agreement to perform winter maintenance on the Stillwater segment of the Brown's Creek State Trail during December 1, 2016 through April 1, 2017 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 3rd day of January 2017. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk BROWN'S CREEK STATE TRAIL COOPERATIVE AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF STILLWATER This Agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "State" and the City of Stillwater, herein after referred to as the "City". WITNESSETH: WHEREAS, the Commissioner of Natural Resources has the authority, duty and responsibility under Minnesota Statutes Section 85.015, sub. 21, to establish, develop, maintain and operate the Brown's Creek State Trail; and WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59 to enter into agreements to jointly or cooperatively exercise common powers; and WHEREAS, the State and City have determined that providing winter maintenance of the Brown's Creek State Trail, hereinafter referred to as the "Trail", within the City between December 1" and April 1" of each year is of high priority; as identified in the attached map that is attached and incorporated into this Agreement as Exhibit A; and Whereas, the State owns or has easement over the lands identified as the Brown's Creek State Trail corridor in the City of Stillwater as described in the attached map, attached hereto and incorporated into this agreement as Exhibit B; and WHEREAS, the City has requested to be the lead agency in the winter maintenance of the segment of the Trail located within the City as identified in Exhibit A; and WHEREAS, the State is willing to allow the City to provide winter maintenance of the segment of the Trail located within the City as identified in Exhibit A; and WHEREAS, the State shall continue to manage and administer the Trail as established; and WHEREAS, a resolution or copy of the City council/board meeting minutes authorizing the Chair to enter into this agreement is attached hereto and incorporated into this Agreement as Exhibit C. NOW, THEREFORE, in consideration of the mutual benefit to be derived by the public bodies hereto and for the benefit of the general public, the parties agree as follows: I. STATE'S DUTIES AND RESPONSIBILITIES a. The State shall permit the City to perform winter maintenance on the Trail between December 1" and April 1" of each year of the Agreement b. The State shall be permitted to review and approve the City's proposal for winter maintenance of the Trail prior to December 1" of each year. c. The State shall provide no funding assistance to the City for the winter maintenance of the Trail between December 1" and April 1" of each year. d. The State shall continue to operate and maintain the Trail consistent with all local, state, and federal laws, regulations and rules that may apply to the management, operation and maintenance of the Trail. e. The State shall have sole responsibility for the administration, operations and annual maintenance of all Trail associated improvements. Brown's Creek State Trail Stillwater Segment City of Stillwater MnDNR Parks & Trails Division 19 Dec 2016 f. The State reserves the right to require that the City discontinue winter maintenance of the Trail at any time should the State's designated contract determine that the City's activities are resulting in immediate damage to the Trail. g. The State reserves the right to inspect the Trail at any time to ensure that the City is in compliance with this agreement. II. CITY DUTIES AND RESPONSIBILITIES a. The City shall permit the State to review and approve the proposal for winter maintenance of the Trail as prepared by the City. b. The City shall provide appropriate signs necessary to ensure trail user safety during the periods that the City is actively maintaining the Trail. c. The City shall not obstruct public or private road or driveway entrances, alter or obstruct trail signs or modify the trail in anyway. d. The City shall be responsible for minor maintenance or repair of the Trail that is the direct result of the plowing and clearing of the Trail as completed by the City. III. FUNDING The State shall provide funding for its responsibilities under Article I (a)(b)(c)(d)(e)(f)(g) above through the standard internal purchasing process including, but not limited to, a separate requisition in which funds will encumbered. The total obligation of the State is limited to the amount of funds legislatively appropriated and administratively allocated to this project. IV. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other applicable law. The City's liability shall be governed by and limited to the amount set forth in Minnesota Statutes, Sections 466.01-466.15, and other applicable law. V. TERM a. Effective Date: December 1, 2016, or the State obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later. b. Expiration Date: April 1, 2017, or when all obligations under Article II (a)(b)(c)(d) have been satisfactorily fulfilled, whichever occurs first. VI. AUDIT Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting procedures and practices of the City relevant to the agreement shall be subject to examination by the Commissioner of Natural Resources, the Legislative Auditor and the State Auditor for a minimum of six years from the end of this agreement. VII. ANTITRUST The City hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations that arose under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. VIII. CANCELLATION Brown's Creek State Trail Stillwater Segment City of Stillwater MnDNR Parks & Trails Division 19 Dec 2016 This Agreement may be cancelled by the State at any time with cause or as necessary as provided in Article III, upon thirty (30) days written notice to the City. This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota Legislature, or other funding sources, or if funding cannot be continued at a level sufficient to allow for the completion of the activities covered under this agreement. The State will notify the City by written or fax notice. The State will not be obligated to pay for services provided after the notice is given and the effective date of cancellation. The State will not be assessed any penalty if the agreement is cancelled because of a decision of the Minnesota Legislature, or other funding source, not to appropriate the necessary funds. The State shall provide the City notice of lack of funding within a reasonable time of the State's receiving that notice. This Agreement may also be cancelled by the City at any time with or without cause upon thirty (30) days written notice to the State. IX. GOVERNMENT DATA PRACTICES The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this agreement. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by either the City or the State. X. PUBLICITY AND ENDORSEMENT Any publicity regarding the subject matter of this agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the City individually or jointly with others, or any subcontractors, with respect to the program and services provided from this agreement. XI. COMPLETE AGREEMENT This Agreement, and amendments, constitutes the entire agreement between the parties. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. XII. OTHER TERMS AND CONDITIONS NOTICES: Any notice, demand or communication under this Agreement by either party to the other shall be deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid to: The State Minnesota Department of Natural Resources Parks and Trail Division Area (3B) Supervisor 1200 Warner Road St Paul, MN 55106 Brown's Creek State Trail Stillwater Segment City of Stillwater MnDNR Parks & Trails Division 19 Dec 2016 The City City of Stillwater City Administrator 216 Fourth Street North Stillwater, MN 55082 IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed intending to be bound thereby. DEPARTMENT OF NATURAL RESOURCES City of Stillwater By: By: Title: Title: Date: Date: DEPARTMENT OF NATURAL RESOURCES City of Stillwater Delegated By: Title: Date: STATE ENCUMBERANCE VERIFICATION Individual certifies that funds have been encumbered as req. by Minn. Stat. 16A.15 and 16C.05. Signed: Date: Contract: By: Title: Date: Brown's Creek State Trail Stillwater Segment City of Stillwater MnDNR Parks & Trails Division 19 Dec 2016 tillwateL H E ITHPLACEOf- MINNESOTA CITY COUNCIL DATE: December 28, 2016 TO: Mayor & Council Members TOPIC: Short Term Home Rentals - Outline of Ordinance Elements FROM: Bill Turnblad, Community Development Director INRODUCTION In August of this year the City Council approved a contract with Hoisington Koegler Group, Inc. (HKGi) to assist the City with a study on short term home rentals (STHR). On December 6th the City Council considered both the HKGi report as well as public input and decided to proceed with the development of an ordinance allowing STHRs in the City in some form or another. During the free ranging discussion of details at the December 6th Council meeting, it was not always clear what direction the City Council preferred on specific elements of the future ordinance. So, I prepared an outline of the major elements based upon my understanding of the City Council discussion. It is probable that I have not captured the intent on some of the elements. So, I would appreciate City Council review and confirmation, or amendment, of those element directions before I begin developing draft ordinance text. [Please note that what follows is an outline and comments on the various elements, not actual language.] ORDINANCE ELEMENTS 1. Definitions. Define these short term home rental types. a. Type A - Hosted i. The property owner or lessee of the property rents out a room, or couch perhaps, but is present (i.e. "hosts") while guests are in the home. ii. The "home" could be a single family house, an apartment, a condo, a townhome, etc. b. Type B - Homesteaded i. The property owners live in the home as their primary residence and therefore receive homestead credit on their property taxes. Page 2 When the home is rented for a weekend or other short term, the property owners are not present in the home. ii. The "home" could be a single family house, a condo, a townhome, etc. c. Type C - Non -homesteaded i. The property owners do not live in the home as their primary residence. Perhaps they use it as a vacation home, but maybe it is strictly an investment property. The property owners do not get a homestead credit on their property taxes. Often the property owner hires a cleaning company or management company to take care of the home during and after guest visits. ii. The "home" could be a single family house, a condo, a townhome, etc. d. Type D - Bed & Breakfast i. The definition and regulations for this type of STHR are already established in City Code, and are not proposed to be changed. ii. Either the property owners live in the home as their primary residence and are present while guests are in the house, or there is a live-in manager who is present at any time there are guests in the house. iii. The "home" is a single family residence. 2. Owner occupied VS non -owner occupied a. Council believes this distinction is critical and that the two situations should be regulated differently. 3. Permitting process a. Type A - Hosted STHR i. Administrative permit 1. If performance standards are met and permittee certifies safety checklist is met, staff issues a permit. 2. Permit issued for X number of years. A new permit must be applied for every X years. [Number still to be determined.] 3. If three substantiated complaints are received from neighbors or guests within a 12 month period, the permit is set for a hearing before the City Administrator and Community Development Director for possible revocation. 4. An appropriate list of inspections needs to be established. b. Type B - Homesteaded STHR i. Administrative permit with neighborhood notification 1. This permitting process would be similar to the chicken and bee permit process. 2. When a permit application is submitted for this type of STHR, staff would send out a notice to neighbors. The Page 3 notice will explain the permit request and ask if the proposal raises any concerns. 3. If performance standards are met, permittee certifies that safety check list items are met, and no concerns are raised by neighbors, then staff issues a permit valid for X years. A new permit must be applied for every X years. [Number of years yet to be determined.] 4. If concerns are raised by neighbors, staff schedules a hearing before the Planning Commission to consider the requested permit. a. If performance standards are met, permittee certifies that safety check list items are met, but the neighbors still have concerns, then the Planning Commission would approve a one year provisional permit. b. If there are no complaints during the provisional year, the permit automatically extends a second year. 5. If three substantiated complaints are received from neighbors or guests within a 12 month period, the permit is set for a hearing before the Planning Commission for possible revocation. 6. An appropriate list of inspections needs to be established. c. Type C - Non -homesteaded STHR i. Conditional Use Permit 1. This permitting process would follow the process already established in City Code for Conditional and Special Use Permits. 2. A public hearing would be held before the Planning Commission. A notice of the hearing would be mailed to all property owners within 350 feet of the proposed non - homesteaded STHR. 3. If performance standards are met, including health and safety checklist items, then the Planning Commission could approve the Conditional Use Permit. 4. An inspection every year or two would be required [yet to be determined]. If the inspection is not passed, and failed items are not rectified in a timely fashion, a hearing would be held before the Planning Commission to consider revocation of the permit. 5. A condition of the approved permit would be added similar to that found in permits for Bed & Breakfasts, which is that the permit is filed in chain of title for the property, but does not transfer automatically to a new owner of the property. Page 4 An amendment to the permit would need to be requested by the new property owner in order to operate the B&B. 6. If three substantiated complaints are received from neighbors or guests within a 12 month period, the permit is set for a hearing before the Planning Commission for possible revocation. 7. An appropriate list of inspections needs to be established. d. Type D - Bed & Breakfast i. A Special Use Permit process already exists in the Stillwater Zoning Code. No changes are proposed to that process. 4. Limit on number of permits. No more than a total of XX permits may be issued for Type B STHRs. No more than YY permits may be issued for Type C STHRs. [Limit numbers not yet determined.] No specific limit on the number of Type A or Type D STHR permits. 5. Location of STHRs. STHRs can occur within any residential zoning district or within the CBD zoning district. 6. Lodging tax. Currently hotels and B&Bs within the City are required to pay a 3% lodging tax. The City Council would also like all STHRs to pay this 3% tax. a. Tax to be collected either by the web based booking company that the STHR unit is listed on, or by the permittee directly, if the STHR does not use a web based booking service. b. The permit application must supply information on the web based booking service(s) used, if one is used. c. Tax is to be paid quarterly. 7. Performance standards. a. Parking. In residential zoning districts, all guest parking must be accommodated on improved surfaces on the premises. No on -street parking is allowed for guests. b. Length of guest stay. No regulation on minimum or maximum length of stay. c. Number of guests. The maximum number of guests will be limited to two times the number of bedrooms plus Y. So, for example, a four bedroom house could accommodate 8 + Y guests. The Y variable needs to be determined yet. d. Proximity of assistance. For Type B and Type C STHRs, the property owner or a representative must be located within 30 miles of the STHR property. e. Separation of STHR units. Type C STHRs must be separated by at least 300 feet (about a block), measured from lot line to lot line. Type A and B properties have no minimum separation requirements. Type D STHRs already have a 900 foot separation required, and not proposed to be changed. Page 5 f. Maximum rental days per year. Not enough discussion occurred on this standard for staff to know what the Council's preference is. Perhaps no limit is set on Type A - Hosted. Perhaps a limit is set on Type B - Homesteaded. Perhaps no limit is set on Type C Non -homesteaded. If a fairly restrictive limit is set on Type C, it will likely disappear as a type because it is probably not a financially sustainable model as an investment or vacation property. Type D - B&B currently has no maximum established, nor is one proposed. g. Screening, lighting and garbage. Appropriate standards should be considered. h. Health and safety checklist. An appropriate list of safety items should be developed. REQUEST Staff requests the City Council to review each of the elements outlined, and if they do not represent the majority opinion of the City Council, please revise them accordingly. bt Date: TO: FROM: SUBJECT: ti 1 Iwater Administration December 27, 2016 Mayor and Council Diane Ward, City Clerk Possible 2017 Meeting Date Changes and Additions Attached is a draft meeting schedule for City Council and Boards and Commissions (exception - Library and Water Boards) for your information. There are two Council meetings that will need to be rescheduled, add Council/Staff work session, and budget dates all of which will have to be published. Staff requests that Council consider holding Council meetings on the following dates and provide an option for July: CHANGES: Current Meeting Date/Addition Council/Department Head Workshop July 4 (July Possible Date 5th rain date - fireworks) Thursday, May 4, 2017 (Location: TBD) Options: 1. Cancel the 1st meeting of July 2. Thursday, July 6th 3. Tuesdays, July 11 & 18 4. Tuesdays, July 11 & 25 (would have a meeting the following week on Wednesday, August 2nd) August 2 (Night to Unite) Wednesday, August 2, 2016 Budget Workshop Dates: ACTION REQUIRED: Tuesday, August 15 (4:30 - 6:00 p.m.) Tuesday, August 22 (4:30 until completed if needed) Review possible meeting dates and changes and adopt a Resolution entitled "ADOPTION OF 2017 CITY COUNCIL AND BOARDS/COMMISSIONS MEETING CALENDAR" DRAFT - 2017 5 M T 5 12 19 26 6 7 13 14 20 21 28 8 1.1111 TFIS 2 3 4 9 10 11 18 23 24 25 15 16 17 22 29 30 31 7 14 21 28 M -T V� 1 2 3 8 9 15 16 23 30 V 29 10 T 4 11 F 5 12 17 18 19 24 1111111 25 26 5 6 13 20 27 S M T 3 10 17 24 4 11 18 5 12 19 26 W T F 5 1 2 6 7 8 9 13 14 15 16 22 23 28 29 30 5 12 19 26 6 13 20 T W 1 8 7 14 21 28 T 2 9 F 3 10 15 16 17 22 29 23 30 24 5 4 11 18 25 Charter Commission City Council Meeting (Workshop 1st Tues. 4:30 pm; 3rd Tues. 7 pm ) Night to Unite ■Downtown Parking Comm. Mtg (8:30 am) Heritage Preservation Comm. Mtg (7 pm) 5 M T W 4 11 18 25 5 12 19 6 13 20 27 7 1 8 F 2 9 3 10 17 24 6 13 20 27 7 14 21 T W T -' 2 3 8 15 22 29 9 10 F 4 11 16 17 23 30 24 31 25 5 5 12 19 26 S M T 1 2 3 8 15 22 29 W T F 5 4 5 6 7 11 12 13 14 21 26 27 28 Holiday - Office Closed 1/2 day holidays (closed at noon) Human Rights Commission Meeting (7 r Park Commission Meeting (7 pm) - PC and HPC Submittal Deadline (4:30 F Planning Commission Meeting (7 pm) JANUARY 1 3 4 5 6 7 8 9 10 12 13 14 15 18 19 20 21 22 23 25 26 27 28 29 i 30 31 5 M T 5 12 19 26 6 7 13 14 20 21 28 8 1.1111 TFIS 2 3 4 9 10 11 18 23 24 25 15 16 17 22 29 30 31 7 14 21 28 M -T V� 1 2 3 8 9 15 16 23 30 V 29 10 T 4 11 F 5 12 17 18 19 24 1111111 25 26 5 6 13 20 27 S M T 3 10 17 24 4 11 18 5 12 19 26 W T F 5 1 2 6 7 8 9 13 14 15 16 22 23 28 29 30 5 12 19 26 6 13 20 T W 1 8 7 14 21 28 T 2 9 F 3 10 15 16 17 22 29 23 30 24 5 4 11 18 25 Charter Commission City Council Meeting (Workshop 1st Tues. 4:30 pm; 3rd Tues. 7 pm ) Night to Unite ■Downtown Parking Comm. Mtg (8:30 am) Heritage Preservation Comm. Mtg (7 pm) 5 M T W 4 11 18 25 5 12 19 6 13 20 27 7 1 8 F 2 9 3 10 17 24 6 13 20 27 7 14 21 T W T -' 2 3 8 15 22 29 9 10 F 4 11 16 17 23 30 24 31 25 5 5 12 19 26 S M T 1 2 3 8 15 22 29 W T F 5 4 5 6 7 11 12 13 14 21 26 27 28 Holiday - Office Closed 1/2 day holidays (closed at noon) Human Rights Commission Meeting (7 r Park Commission Meeting (7 pm) - PC and HPC Submittal Deadline (4:30 F Planning Commission Meeting (7 pm) Stfflwa ter Administration To: Mayor and City Council From: Diane Ward, City Clerk Date: December 29, 2016 Subject: 2017 Vice Mayor Appointment DISCUSSION: As required by City Charter, Article VI, Section 6.02, the Council must elect one of the members to be vice mayor who will act as Mayor Pro Tempore during the temporary absence or disability of the Mayor. ACTION REQUIRED: Elect a vice mayor and adopt a resolution entitled "DESIGNATING COUNCIL VICE -MAYOR FOR 2017." Sate r Administration To: Mayor and City Council From: Diane Ward, City Clerk Date: December 22, 2016 Subject: 2017 Council Representative Appointments Each year the Council reviews and appoints a Council representative(s) to various boards, commissions, and committees. Listed below are the following boards/commissions/committee and the 2016 representative respectively. BOARD/COMMISSION COUNCILMEMBER Convention & Visitors Bureau Councilmember Menikheim Downtown Parking Councilmember Junker Fire Relief Association 2 Council Representatives Councilmember Polehna Councilmember Menikheim Heritage Preservation Councilmember Junker Human Rights Councilmember Polehna Joint Board 1 Council Representative, plus Mayor Kozlowski Mayor Councilmember Weidner Joint Cable Councilmember Weidner Library Board Councilmember Menikheim is Councilmember Menikheim presently a Board Member Middle St. Croix Watershed Management Councilmember Menikheim Alternate: Councilmember Polehna Park & Recreation Councilmember Polehna Planning Councilmember Menikheim Water Board Councilmember Menikheim ACTION REQUIRED: Determine 2017 assignments for members of Council and once determined, Council should pass a motion to adopt a resolution entitled " Designation of Council Representatives for Boards/Commissions/Committees (2017)".