Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2017-09-19 CC Agenda Packet
flllwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING September 19, 2017 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of the September 5, 2017 regular and recessed meeting minutes. V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Introduction of new Stillwater Public Library Director, Mark Troendle 3. Main Street Stairs Update - Corey Burstad Woody McBride Music in Lowell Park on Sundays in 2018 (TO BE RESCHEDULED FOR OCTOBER 3, 2017 MEETING) VL OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects that 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. VII. STAFF REPORTS 4. Police Chief 5. Fire Chief 6. City Clerk 7. Recreation Center Manager - Request for Funding for Architectural Services 8. Community Development Dir. 9. Public Works Dir. 10. Finance Director 11. City Attorney 12. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered 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 2017-171, directing payment of bills 14. Resolution 2017-172, resolution approving the addition of additional license premises acquired by LoLo American Kitchen LLC, DBA Lolo American Kitchen 15. Resolution 2017-173, approval of increase to railroad lease payment to St. Croix Boat & Packet 16. Resolution 2017-174, approving Exhibit a as it relates to Resolution 2013-057, Resolution Establishing Procedures relating to compliance with Reimbursement Bond Regulations under the Internal Revenue Code 17. Possible approval of Temporary Liquor License - Valley Chamber Chorale - December 8-10, 2017 18. Resolution 2017-175, approving Human Rights Commission By -Laws (Revised Date: April 26, 2017) 19. Resolution 2017-176, a resolution approving an outside sale & event permit for Stillwater Medical Group located at 1500 Curve Crest Boulevard 20. Resolution 2017-177, approving Minnesota Premises Permit for Lawful Gambling for Merrick, Inc., located at Tilted Tiki, 324 Main Street S, Suite 2, Stillwater, Minnesota 21. Possible approval of expenditure for the purchase of aerator and seeder 22. Resolution 2017-178, approval of Change Order #1 for the 2017 Street Improvement Project (Project 2017-02) IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 23. Case 2017-40. This is the date and time for a public hearing to consider a request by Stephen and Barbara Kochendorfer, property owners and Corner Stone Surveying Inc., applicant, for the consideration of Preliminary Plat, Final Plats, and a Zoning Map Amendment (ZAM) for the property located at 8080 Neal Ave N in the AP/RA district. PID 1903020440004. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 1, 2017 (2 Resolutions - 1st reading -Ordinance - Roll Call) 24. Case 2017-35. This is the date and time for a public hearing to consider an appeal request by Roger Tomten of Archnet, representing St. Croix Preservation Inc. The request is to reconsider a Variance to the Central Business District Height Overlay - Parkside District previously denied by the Planning Commission for the property located at 101 Water Street South located in the Central Business District. PID 28.030.20.41.0116. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 8, 2017 X. UNFINISHED BUSINESS XI. NEW BUSINESS 25. Possible approval of driveway waiver requirements for VRBO request, applicant Elizabeth Nelson at 300 Willow Street E 26. Possible adoption of resolutions declaring costs to be assessed and ordering preparation of assessment roll and calling for hearing for 2017 Street Improvement Project (Project 2017-02) (2 resolutions - Roll Call) 27. Discussion of possible State Legislative issues XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS 28. Communication from neighbors on Moore Street - Stillwater Country Club XIV. COUNCIL REQUEST ITEMS 29. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT 4% , ifs/,,,• , � ///l/ l /;: o � � r � , Vii, �f/ /%/%//////%• 111111,10111111111111,01,, ,11111„In 111111111 1 11111,',,,11 In partnership with Explore Minnesota, Star Exhibits and Environments is excited to offer the Minnesota tourism industry the opportunity to host the #OnlyinMN Monument. Below is a breakdown of the value included in your reservation: Project Management: one point of contact for full reservation execution • Make Ready Ship, Load Out: palletized Receive in Properties, Inspect and place back into storage: included with a post - event check-in report Audio Visual: (4) LED spotlights — included with custom color options, full installation and dismantle Rental: #ONLYinMN monument letters — included with installation and dismantle labor ▪ Freight/Traffic Management: drop-off and pick-up of the monument to your desired location Explore Minnesota Social Media Posts — Added Value: ■ Twitter: 56k followers ■ Facebook: 220k followers O Instagram: 114k follwers o Posts to include a photo, a link to the #OnlyinMN Monument web page on exploreminnesota.com, and tag the industry partner's social handle Monument specifications: Each letter stands at 4'H x 2'D (varying widths) Each letter is permanently affixed to a heavy -weight, MDF base measuring at 3/4"H x 4'D The entire monument, with scaled spacing, stands 40' wide The monument is offered to you at a flat -rate cost of $3,000 (paid to the order of Star Exhibits & Environments within 30 days of booking the reservation), with Explore Minnesota Tourism's support - saving you up to 65%! A limited number of packages are available — please contact Anna Faust to book 101 ,11111,11111, 1H14- North j Mirdi,dpulyy tr,A1'.1 •ash 5 ;i Ff*71v HP,,, ZEMAN 0ON97R1 CIIION SItillw ate r Hotel Rublic S air and Building #5 SI 111.10 ural (loniieclions. Based on plans moaned b31 ESC] and ISS dated DISI#3 9112/17 II RELIMIN/IRY CIONCIEPT BUCKETS 9/'18171117 DESCRIPTION QTY. COST per arr. TOTAL BUDGET I NOTES / COMMENTS PUBLIC STAIR WORK • (up to 2nd landing only) LOW END HIGH END 1 SITE DEMO STAIR DEMO 1.00 $ 2,500.00 to $ 3,000.00 $ 2500.00 to $ 3,000.00 2 RAILING DEMOLITION 1.00 $ 1,500.00 to 5 1.500.00 8 1,500.00 to $ 1,500.00 3 EXCAVATION TO BEDROCK 1.00 $ 5,000.00 to $ 7,500.00 $ 5,000.00 to $ 7,500.00 4 CONCRETE FOOTINGSOWALLS/STAIRS 1.00 $ 40,000.00 to 5 45,000.00 $ 40,000.00 to $ 45,000.00 5 METAL HANDRAILINGS AND GUARDRAILS 1.00 5 15000.00 to $ 17,000.00 $ 15,000.00 to $ 17,000.00 6 PAINTING RAILINGS 1.00 $ 2,500.00 to $ 2,500.00 $ 2,500.00 to 8 2,500.00 7 STORM DRAIN AND PIPE FOR ADJACENT LANDING 1.00 $ 1,000.00 to $ 1,500.00 $ 1,000.00 to $ 1,500.00 8 CONNECT POWER TO NEW LIGHT POLE 1.00 5 1,950.00 to 0 1,950.00 $ 1,950.00 to 1,950.00 9 LANDSCAPING REPAIRS 1.00 $ 1,500.00 to $ 3,000.00 $ 1,500.00 0 8 3,000.00 10 TEMPORARY SAFETY BARRICADES 1.00 $ 1,500.00 to $ 2,500.00 $ 1,500.00 to $ 2,500.00 11 PERMIT 1.00 $ 2.500.00 to $ 2,500.00 $ 2,500.00 to $ 2,500.00 12 JOB SITE SUPERVISION 25.00 $ 105.00 to $ 105.00 $ 2,625.00 to S 2,625.00 13 PROJECT MANAGEMENT 25.00 $ 110.00 to $ 110.00 $ 2,750.00 to 2,750,00 14 TEMP PHONE 1,00 $ 75.00 to $ 75.00 $ 75.00 to 75.00 15 TRUCKING 8.00 $ 85.00 to $ 8500 5 680.00 to 660.00 16 DUMPSTERS 1.00 $ 250.00 to $ 250.00 $ 250.00 to $ 250,00 17 CLEAN UP 8.00 $ 85.00 to $ 85.00 S 680.00 to 8 680.00 1B TESTING AND SPECIAL INSPECTIONS 1.00 $ 1,500.00 to $ 1,500.00 $ 1,500.00 to $ 1,500.00 19 TRAVEL 1.00 $ 75.00 to $ 75.00 8 75.00 to $ 75.00 20 JOB SITE OFFICE EQUIPMENT 2.50 $ 62.50 to $ 62.50 $ 156.25 to $ 156.25 21 PLAN REPRODUCTION 1.00 $ 25.00 to $ 25.00 $ 25.00 to $ 25.00 22 SAFETY INSPECTIONS 3.00 $ 110.00 to $ 110.00 $ 330.00 to $ 330.00 23 CONSTRUCTION STAKING 1.00 $ 1,500.00 to $ 1,500.00 $ 1,500.00 to $ 1,500.00 24 GENERAL LIABILITY 5.75 $ 90.00 to $ 100.00 $ 517.50 to $ 575.00 25 ARCHITECTURAL / ENGINEERING FEES not Inc udeo not Inr.,uded to not Included not included to not included 26 BOND not Included not Inc0ded to not Inc oded not included /0 not Included 27 BUILDER'S RISK not Included not Inc acted to not Inc a0ed not included to not Included 28 WINTER CONDITIONS 001 00a0e0 not clouded 10 n0/i110: tided not included to not Included 29 CONTRACTOR'S FEE 0.05 $ 86,113.00 to $ 99,171.00 $ 4305.65. to $ 4$8.55 SUBTOTAL PI le LIC STA IR - (up to 10.1 landing only) $ 90,419.40 to $ 104,129.80 BUILDING #5 CORRECTIONS LOW END HIGH END 1 INTERIOR NON STRUCTURAL DEMO 1 $ 1,500.00 to $ 2,500.00 $ 1,500.00 to 8 2,500.00 2 WALL SHORING 1 $ 5,000.00 to 0 7,500.00 $ 5,000.00 to $ 7,500.00 3 STRUCTURAL DEMO 1 $ 2,500.00 to $ 3,500.00 $ 2,500.00 to 8 3,500.00 4 CONCRETE / MASONRY 1 $ 7,500.00 to $ 10,000.00 $ 7,500.00 to 8 10,000.00 5 STRUCTURAL WOOD FRAMING 1 $ 7,500.00 to $ 8,500.00 $ 7,500.00 to 8 8,500,00 6 WATERPROOFING 1 $ 2,000.00 to $ 3,000.00 $ 2,000.00 to 8 3,000.00 7 PLASTER VENEER 1 $ 3,500.00 to $ 4,500.00 $ 3,500.00 to 8 4,500.00 8 WALL INSULATION 1 5 750.00 to $ 1,000.00 $ 750.00 to 8 1,000.00 9 ROOF DRAIN TO STORM SEWER 1 $ 16.800.00 to $ 16,800.00 $ 16,800.00 to t 16,800.00 10 ROOF INSUL. AND METAL PANELS FOR ROOF DRAIN 1 $ 2,100.00 to $ 2,500.00 $ 2,100.00 t0 i 2,500.00 11 OVERFLOW SCUPPER IN BRICK VENEER 1 $ 1,500.00 to $ 1,500.00 $ 1,500.00 to $ 1,500.00 12 MISC FLASHINGS 1 $ 1,000.00 to $ 1,500.00 $ 1,000.00 to 8 1,500.00 13 TEMPORARY SAFETY BARRICADES 1.00 $ 1,000.00 to $ 1,000.00 $ 1,000.00 to 8 1,000.00 14 JOB SITE SUPERVISION 16.00 $ 105.00 to $ 105.00 $ 1,680.00 to 8 1,680.00 15 PROJECT MANAGEMENT 16.00 $ 110.00 to $ 110.00 $ 1,760.00 to $ 1,760.00 16 TEMP PHONE 1.00 $ 75.00 to $ 75.00 $ 75.00 to $ 75.00 17 TRUCKING 4.00 $ 85.00 to $ 85.00 $ 340.00 to $ 310.00 18 DUMPSTERS 1.00 $ 250.00 to $ 250.00 $ 250.00 to $ 250.00 19 CLEAN UP 8.00 5 85,00 to $ 85.00 8 680.00 to $ 680.00 20 TESTING AND SPECIAL INSPECTIONS 1.00 $ 500.00 to $ 500.00 $ 500.00 to $ 500.00 21 TRAVEL 1.00 $ 75.00 to $ 75.00 $ 75.00 to } 75.00 22 JOB SITE OFFICE EQUIPMENT 2.00 $ 62.50 to $ 62.50 5 125.00 to $ 125.00 _23 PLAN REPRODUCTION 1.00 $ 25.00 to $ 25.00 8 25.00 to $ 25.00 24 SAFETY INSPECTIONS 3.00 $ 110.00 to $ 110.00 8 330.00 to $ 330.00 25 GENERAL LIABILITY 5.75 $ 62.00 to $ 74.00 $ 356.50 to $ 125.50 26 ARCHITECTURAL / ENGINEERING FEES not Included not Included to not Included not included to not Included 27 BOND not Included not Included to not Included not included to not Included 28 BUILDER'S RISK not Included not Included to not Included not included to not Included 29 WINTER CONDITIONS not Included not Included to not Included not included to not Included 30 CONTRACTOR'S FEE 0.05 $ 58,835.00 to $ 70,071.00 $ 2,911.75 to T 3,503.55 SUBTOTA 1Ell 11L0 INA 6500RR B11110 PIS $ 61,788.25 to $ 73,569.05 CONSTRUCTION CONTINGENCY I MISC. 000010 ctio0 contingency 1 $ 10,000.00 to $ 10,000.00 $ 10,000.00 to $ 10,000.00 SUBTOTAL C011511 011110 N 50 N1 INS I NI1II I MISC. $ 10,000.00 to $ 10,000.00 TOTAL PIRHLININARY BlOGET 1 1 1 1 $ 162,207.15 to $ 187,698.85 NOTES: 1 Th eb1 re bud/eta do not Inoks& die following owner pro Wtled l eon. acct ileo un 11 a engineering fees 1 OW epectl cey, county, slab /eel tithe than 90001 l pe19811 alar soil condition, hazardous meted I N ndllnl, mold remedia ion, 000001a 1 balemen1 SAC /VIAC fees 9/18010111 I ublic ate i. and ntag 5 corrections concept budgets 1 011 1 RESOLUTION 2017-171 DIRECTING TH E AA111MEN'I1 OF BILLS BE 111 RIEISOIIVED, Ly tl• e Clity Council cif the Cityl of 91 illvuate n, Minnesota, that the bills all fcirtt Bind iteirr ized cin HN hibit "A" 1 ataling $6(15,6621.E10 anti hencibY1 approved fan payrr eni, and that checks be issueic fan thea payrr eni Eineiaf. 1lhe cion plete list of l• ills 1IExhil• it "A") is on files in th€i office cif e City Clunk and maY1 be inspected upon n€iquest. Adaptic by tl- e Clounciil this 1SIth dayl of SaptembEI , 2(11 . Ileac Kozlowski, Mayor AT'IIEST: Diane F. Wanc, Citm Clink EXHIE IT "A" TO RE1SOEUTICIN A2ICI117-1711 Page 11 11191 CIF BILES Accela Inc Ace Hardware Act ion Mental Inc. Advance A Lia Paris AnmorSElcunily Inc. Aspens Mills Astlellonc Internal ional BEist eu y 8u siness Advani agEI Brat. n Inlentec Corporal ions Bryant Rock Anoduc's Inc. Bu rNs TrEIEI arc Landscape Care Business Dale Record Services Campion Barrow &I Assaciatcis Cal Eli Fine I- ames LLC Cervi u ry Link Clog l n-BcI gIEnI Inc. Cale Rapers Comcast Cci5lian Really Irifarmatiori Inc Cau my Mai enials ConpIanatian Cut Faoc s Down.' awn lc ea EnclhN riga 9CIM Pu blish Eirs 9mergElney A u tomotivEI Ent avulse FM Tru st ['soh (lanstruatian 5lu r iIy Fastenal Camplany FIEIEII Hnic El FancEI A merica Fu iiy Stillwal EIII G 81 K Services Gaplh EUI 9tatEl OnEI CaII Inc. Gneater Stillwai en Ch amber ail ClammElrce HennicksElri P1IG Holiday Camplanies Jefferson Fine and 9afElly Ina. Kiry ida Fire Inc. LeaBLEI cif MN Cities Ins Tr Lennar of Minnesala Loffler Companies Maccen Galanter I-anionLLP ManslliEllc Oil Company Maxwell .lames G MElriands MEltnopalitan Council Month ly UB wet payments 91 pplies Concrete &I mixing' 1 nailer 91 pplies Qu ant arty Monitoring SerY ice Uniforms 511 pplies Fu II motion TV HoIicEI PnojElct 91 pplies TiEIe (lane RElconds nal Elni ion MN Hud tic 5Iallety - Fire SerY ices Goading' Escrow Ilellund 11EIIEIpIh arIEI Ma in pipe t lock Janii arial st. pplies Internet & Voice HrapElriy pplcillessional Concrete t nick Commissions Hiariic 9u t scripltian Down.' awn lc Eia 9xchange Hut tical ions Ec L ipment repair supplies Lease veil ides 511 pplies 9u pplies Slhapl supplies Ec L ipment repair Vehicle senvicEl Mali & uniilonms Locales Sleminiar Rake Project Vehicle washes Airgas cylinder Vet icle repairs Quarterly Muni & Warkers Clamp Ins Grading Escrow IlElilunds Rh ane & vmail upgrac es Labor Flelaticins Sony ices Fuel (lity \ EI tale y s. can gu miles V� ail Elwiaten (Ih ange 4412.85 298.25 421.00 EIE1.2:1 E141.00 1,8311.04 111.11 311(1.61 9413.79 28.88 11,9211.00 93.90 41119.00 11,90(1.00 2941.49 e1CIC1.00 2,23E1.110 3(12.99 3E10.611 E1941.80 99.19 23E1.90 3E111.113 111111.3E1 2,111E1.58 399.99 41EIC1.42 28.56 EIEI41.98 4111.451 912.00 4111E1.50 EICI.00 11,E111E1.00 3419.00 113E1.99 99E1.80 1139,EIEIE1.00 113,(1(10.00 114,C131I.24 933.98 3,21E1.E111 11,C14111.9E1 322.29 1142,290.9E1 EXHIBIT "P" TO REISIOLUTIC N tla1171-171 MN Chiefs till RCIIiCEI Assocl. MN Dept cif Labor anid Inc ustny MN Fall Maintenance Expo Modern I- eating 81 Air Motorola Solu 1 iciris Inc. MP NEIN level LI CI MTI Distributing MWOA Metro Nadi- 9h are Compressor] Clfilice DElplat Cllsen Cl- airs & CIabIEI Inc. Olson Williams EIIiN Onsite 5lanil atian O'Reilly Auto Rawls Otis EIEIv ator Clamplany PerfarmancEl Rlus LLC Pro -Tea Design RoettpIElr Welding Inc. Slate Fast Incl 51H1 Irilenniatiarial Corp 5IimpllifilEl LCI 511. CInciiN Boal anc Nickel Co. SIL plan Ent Elnpprises Inc !IW/WC 9envic€l CoopEiral KEN T.A. Soh ifsIy anid Sons Thomson Reutens Toll Gas anc Welc iri@I Supply S Bani4 Valley llnaplhy Inc. Verizon Wireless Vay ant Com mu nicatians Wenck Construction Waacchucik Tnee Care LLC ZEIEI Mec ical 5IEIIn iCEI RN MITER 4Front l LC Ace F anc wane Al's Cafllee Clamplany Century l irik Coca -Cala Distributian G & k Services halicay Cnedit Clffice I.h . Larson Clamplany R&H Specialties Inc. RiEIcell Shoes Inc. Permits Boiler License MN Fall ENrIci City hall waling nepair Batteries Lacal EIS Wheel Section Meeting Equ ipImElnl rElpair SL plpllies Ofllicie su pplies Poly sling Reimburse Ion conference en ponies Restnoam rental EquiplmEinl repair supplies Elevalan mairil On €1 scrleen EquiplmElnl EcluiGlmElnl repair Rainit Microsoft licensing Recarc inpI fees Oack Space LEIasEI Grac inpl ElsculaHi Refu nc A A CCIE RA 81Retiree F Elal1 h Inas P ggrElplate Inllanmation Clhanges Cylinc Ellls Kati iriEl agent lees ame pllal El Rolice Mak ile E mad band Phone Police Rrciject haullags tothe dump Fins1 aic supplies Grant' its Su pplies F of be% Euiage cancessian applies Telephone Beverages Ilan conCElssians Mats FLEA Su pplies B lade sh arplenin8 Sates Page 7 109.90 :10.00 2:19.00 379.00 341.28 11,48]1.25 81.76 80.00 :1=1.98 256.36 9]1.93 610.02 11,431.00 155.25 2,929.47 686.00 1,30:1.211 L1,258.00 95.76 28,544.00 300.00 2,970.811 11, 500.00 Elz1,540.99 2,813.20 137.811 44.14 2,000.00 112.40 6112.2E1 606.33 :1.1,033.€I9 500.40 202.99 795.aa 255.19 518.94 61.94 303.19 206.40 42.93 438.110 184.90 67:1.92 9XHIBIT "A" TC RBSC IIUTICN #2017-11111 9t. Croix Baat and Flacket (la. 9triKle A Lat Doug MciLean c k a llni-9tatEl Bobcat UlirIEI Iria LIBRA RY Baker and Tay for Breahon Melissa J. Buac ani Ca CIL Milan of Stillwal EIr G & I 9EIIIV IaEIs I- owe Linniea Intereu m Inc. K ensahbau m REIna% atian Merclu ry led ricllogies all MN Mic west TarIEI MN DEIKII of Lakan anc Induslny MN Library Assaa. Office all MN IT Son, ices FlerformanaEl PIus LLC Petrie An€IEIIa ReyElrs Mariah E. A DDIUNDUM Corn cast Ma Elms son Laud Firm N nFIA M Book 91crrEl Urbiha Judy WuI1Iing Da% id XuEII EriEIrBY AdaFlted ky lIe City Council 1Vis 19t11 Day al 9eptemk Ell!, 2017 Arena Billing Lilly Lake parking Equ ipment Harlain 9L plias Materials RElimk L usElment Materials Misci Towels & Flu 8s Stafil RElimk L IIsElment Teen Roam Interior Flairiliri8 Bu Ib/Battery) Eleatronias RElaycling Materials Bailer Linens El MLA ClanlerenaEl Flhane -July Drug SarElen Stafl FlElimk L nsElment Flnograms -19PILF) Inl Enlnet Flnofessianal serrvicEls Materials Reimburse loll Klicll u lie Ina MEI Reimburse llon 1 raininEI er penses Energy Hage 3 9EI,CI32.99 EICICI.00 49E1.30 E111.411 329.11:1 ?10.0(1 233.92 114.99 83.114 114.99 2,439.31 240.(1(1 988.11CI 997.49 110.CICI 923.CICI 379.49 45.CICI 66.CI11 240.00 89.94 119,889.33 88.00 23.84 106.619 14,764.90 IOTA IJ EIC19,6(121.80 MAGNUSON LAW FIRM LICHNSHD IN MINNHSOTA AND WISa01r SIN 1HE DESCH aHFICE BUILIIINCI 333 NORTH MAIN STRI ET • SUITH #702 • STILLWAITER, MN 55082 11ELEPHON H: (6511 439-9464 • FAX: 1651; 439-5641 D11MAC IN U SON @MAIC IN U9 ON LP I W FI RM. CCIM DAVID 11. M AGNUSON MARGAIRHT M. MURPHY MEMORAND iJ M I10: Mayar, City Ccll;iriciI anc Staff FROM: Davie "II. Magnuson DATH: Marclh 27, 2007 REI: Confi is II ofAliter e.!111 Opinion I havcl been askled whclthler a clounclilmclmber's mamba' ship in thcl 415 member Stillwater GolflClub is a conflict of interest lhlat would prohl:ib:iil the counclilmamber from voling on a zoning dacision ralatelc to property adjoining thle Golf Club. In a case anlitlad hlciwc I/ v. floana of qi.u.sidialc nil of City of Moorhead, 446 N.W.:Id 918 (Minn. App. 1989), lha Minncisota Court of Appaals hlald that a zoning board mambeir whlo was also a member of a church was not disqualified from voling on a awning variance requested by thlat church. The person's membclrship in ilha chluiclhl, without further ev:idclncia of a closer conrleictian, was not a sufficiently direcll interest in the outcome of the matter to jusllify suiting aside lhei board's zoning action. Using lhlei ralionale in hlciwc 11, a golf club mamba' woulc be pclrmlitlad to voiles on a zoning vaiianacl involving the golf clourse in whiiclhl ilha ciouncilmember holds a mein tarsbip. Since a gcllf club mambeir's vote regarding adjoining property is a more :indircict inklaresl than permitted b31 the Rowell calci, iIhcl cauncilmembelr would be clnlitlac to clonsidclr and vale on a proposal ralailad to property adjoining the €Io]flcourse. Respcletflally submitted, David T. agnuson Stillwater t ity Attorney »nm iliwater THE BIRTHPLACE OF MINNESOTA S. Croix Rliverliank Rlestoiration Pro jecit History The St. Croix River, for years have! been clxpclriclncing shorcd:inci erosion along its river banks south cif downtown Stillwater to ha City limits. WiiIh the conslrucrtion of lhc! St. Croix River Crossing's hoop trail, an clxisling trunk sanilarA scwcir line, existing commercial and historic! buildings and future davalopment cif Bridgcview Flark, protccrting 1ha shoreline from further erosion along thci river is ariti aa:l for the environment of 1110 St. Croix Rival. and Ciil y of 9�lillwatcr as a river town clommunity. Goals 41 S1abiliiaa ciroding shore:linas and provide! 1uffers belwean the St. Croix and the land nclm the rivar. 41 Flrotaat water quality of lhc! S1. Clroix 41 Improva safa access to lhc! St. Croix Rivar tci the pub:lia 41 Improva acisthelic fclatures along the! St. Croix for tha future dcvcllopmient cif the trail and the propos ad park. Es timal ed cost of l tha Flroj eul is $1.9 M i li l ion which i ncil uc as river bank rastaration and cons 1ruction of 1hraa pedastrian oveulociI s CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 • WEBSITE: www.ci.stillwater.mn.us Administration March 17, 2CI11 Senator Karin Hausley 95 University Ave. W Minnesiata Senate Building, laaom 3317 St. Paul, MN 55155 Rem Eisieintative Bcib Dettmer Minneisola House of Representatives 565 StalEi Office Building 10CI Rev. Dr. Martin Luther Ding In. Blvd. St. Paul, MN 55155 Representative Nath)" Lohmer 501 Sta1 El Office Building 10CI Rev. Di. Martin Luther Ming in. Blvd. 91. Paul, MN 55155 SUBJECT: City' of Stillwater Legisilal ivei Agenda 11E11111 — St. Croix Rive' bank Restoration Project - Funding Assistance Dear 51einatar HousileM and Represenlativesi Dettmer and Lohmer, The Stillwater City Council recently" reiaeivecl a St. Croix Riverbank Restoration Project feasibility sport prepared by the engineering firm, WSH & Asisiaaiates. The repanl sumirr arized the analysis and options fcin river bank r estoraticin along the St. Croix Rivein from the Dock Caf€i south to tr e SL nnysiide Marina property within the City) of Stillwaiter. 'llhe cicisit of niverbank restoration and stabilization in the project area is estimated to be 1I1.1 million. The analysis showed a critical need fon immediate niverbank nestaration and pr otection in the area fnom the Dock Cafe sioulh to the cunrenl location of the historic ShocldM Mill 11t1uctures. The cicist of niverbank resitoration and stabilization in this area is approximately' $100,000. Major publics and pnivatei sector investments have been made in this area of the restonatian project including: Stillwater sanitany sewen farce main, 9t. Cr oix Hciat & Packet Company' riverboat dockage, narr ps and associated facilities, and MnDCT construction cif a pontian of the Loop Trail related to the St. Croix Cr osising project. In tr is area the riverbank has been sievenely enodecl and thneatens these infrastrLicitur Ei improverr ents to the point where the city needs to undertake immeidiate remediation of the riverbank. 2116 e 9tneet 1`, 9tillwatEir, MN 9908:1 651-4130-88(1(1 VV Elk site: www.ci.stillwatEir.mni.us $IEinatar HoLisleM and Representatives Dettrr € r and Lahm€r March 11, 2I01I7 Page 2 'llh€ City Council has idcintifiE d this issue as the highEst priority) legislative ail€ nda item for the City and would app. EIC iate your suppont for any funding assistance that the stat€ may be able to provide for tt is imparl ant project. A copy cif the WSH report is attachEd fon your information. City) repress ntatives an€ avail ablE if you have any questions or need furthE r infanrriation. Sincerely, -12'4f))464.1 1. Thomas McCarty, (lity Administrator C( : Stillwater Mayor and City Council Shawn ganders, Publics Warks Director Dian€ Ward, City Cl€rk Stt11wair flag R M1HP 11 F (1 h71HNF;OIA REASDEldIJITY HERC:RT1 ST. CROIX RIVERBANK RESITORIATION PROJ BCT FEBRUARY ]1, ;Ial a Hnepaned fcir: City of'.Ilillwalen 216 N a rt h 4'h S1 heel 9tillm ateu, MN 950E12 WSB PRCJECII NC. W>I91-a20 WSB FEASIBILITY REPOR1I Feasi bi lii y S1 ud y tor the St. Croix Riverbank Reslorailion Prajecl Fo.: Cllty of SIillwate. Februarys 1, 2(1171 Prepared By: W SB 8 Asflociiatui, Incl. 7(11 Xen is Air en ue S., Suite 3(1(1 MInneapolis, MN 55416 171 3) 541-411(10 11763) 941-170(111Raxl Heasibility 1111u d y fair tl e St. Cools Riverbank Resta rat It in PuoJec Ci y cif Stlllwaler, Mh W1I9 Flrcilea9 Na. 01891-020 CERTIFICA71ICIN 1 er€ ty car ify that ttlisi plan, sipelaificatianl, oil report was prefiarec ty rrlel cul uncial! my c iiiecl su flervisionl and th€ll I am E C 1 I Iicenisec Professional Engineer udder The law of the Slate of Minnesot amen W. e nedy, P.9. eg. No. 24 490 Amy R. Anderson, Reg. No. 90808 Rciasitl !Sty Cindy ton the St Clrolx Riverbank Rest onaticin Rnajecl CHI y al Still% ater, MN WSIB Project No. 01891 -( 20 a9RTIFIC/KION TABLE OF CONTENTS TITLE FACIE CERTIFICAMON TABLE CIF C ON TENTS 1. INTRODIUC1IION ANO BACKGRCIUNDI 11 1.1. Pnojeat Context 1.2. Pnojeat Goals 2. EXIS1IINGI CCIN DIITIONS 2 2.1. Site Visil and Fitolosl 2 2.2. Existing Concitioris SurvEly .I 3. PROPOSBDIIMPROV EIV EN1IS 4 3.1. Stabilizatiori A reas 4 3.2. Slummary of Agericry Welting and F eec tack Recieived 4 3.3. Proposed Slat iliaatfan Methods 9 3.41. Proposed F u blia A menitiEls 6 3.9. Possit IEI Starmwaten M ainagEln'Ien1 StIalegiEls 7 3.EI. Enitimale of Prot able C as1 4 . PRCIJ ECT PERMITTING, SC HEOUL B A NO FUNDING 9 4.1. Project PElnmitting Tasks 9 4,2, Possit Iei F u riding Source's 9 4.3. Praposec Pnojecit Schedule 10 9. CONCLUSIONANDIRECOMNENDIATICINS 12 L IST CIF TABLE S Table 1 — Slormwaten N eft odology C clasp arisoni Table 2 — Preliminary C ass 9stirrIEIlEl, Su mrr ary t y Area Table 3 — Agency Rlequ iremerilni and Flenmits APPENDICES Appetit ix A — Site Visit Pt dos Ap petit ix B — Figures Fligu rEI 1 — Stu c y A nea Rigu re 2 — Existing C anc Worm, A real 1 Flit u rEI 3 — Exisilin¢ C one ilionis, Area 2 Fligu rEI 4 — 9xisiting C one ilionis, Area 3 Figu rel 5 — Nor asec Conic ilions, ArEIa ' Figure 6 — Poor clsec Conic ilioris, Area 2 Figure 7— FInorclsec Corisitions, Area 3 Figu re 8 — Praposec Overlook Rendering, PIEIn Vievi Flig u re 9 — Flnopclsec Clverlaok Rem erinig, Profile ViEI% Appenc ix C — PrEllimineiry C as1 Elslirrlate Feaeiibllity Study far tt a .It. Cola Riv ert lank Restoration PnoJeC City of $ItIIIwa1 en, MN WSE Frcijeat I a. 01891-020 11ABIJE OF OONTIN111S SECTION 1 1. IN TRODUCTICIN AND BACKGROUND 1.1. Project C c Next For manly years 111 EI St. Crab River b arlk s :iciu th cif downtown Stiliw atm hav e b een ex perie'ncairig sh crelinEa ercasicnl. In recer 1 yeElns the City of Stib atm has tom s€'d an irr poorinig pec estriEln Elrid bicycle EICICEIss 10 c c ver Iow r anc the su rnou riding rir erfrcrit. The inarE'aIE'd access io the area has mac el the ex 'sling elio iic'nl issues mope rioticeatle io the putrid. Forthcoming prajecls, including the new St. Croix Crossing grid the conversion oil 1 h existing Lift Bridger irilo a bicycle and pedestrian bnicge, will lIurthEln ircrea.se aNemative taarispertatior in and aIrourid cowrtcwn Slillwaten EInd along the St. Croix Riven. SholelinEl enasicirl is a ppIoceiss, arid oven lime arcate.' a problem bit Flublic rant awnless to manage. In some areas, adc nessing erc sic r issues i.' cnitiaal 10 mair lair ing sale access ta tt EI ac lace nl boat docks and ather ciamm€'rcaial activities. Shcrelices are inserted ta nom ide bufflems snit saile tnansitian aonE's t e'tweer lhEI St. Crc ix Riven anc the lanc next to the water. llhe shcmelinEI ini this area alsci aanlains a tru nk sanitary sew er maim that ru ns between dow nitcwri Stilly. atm anc the M e'tnopcililarl Cauncil's Si. C noir Valley Wastewater TIrEIatmElnt Facility. 11 is important to poopElrly inilerface silailia structures such as b u ild ings, rcac s, aria trails) with c ynamic moving waiteans such as th a Si. C roix River. Berke' along the Si. C noir Riven ane likely Eanoc irig c ue ta mu Iliple factors. Bank tail( nes clan be caused w her the 1brce of the riv er f Iciw excaeec s the aor emir e fancEls in th el soil. TIM EI c eglreaea cin severity cif fail( ne cifterl degenics on saeiment type, layering, and moisture' content. In orceir tci property identify long term solutor s, the diagnosis process will Inicluce investigation intci soil types', bank composition, ar c env inorimerital influer aes mu oil b e alear y definec . The City of St illy.aterccirnmissionedWSE &Assoaiales, Inc. I;WSE;toccmplellethisfeasibility EAU( yfon ark slabilizatiorl mei hac s that w ould ac c nests the abave issues) within it1 el pnoj ecit area. Th el dull slut area is shaven int Fligure 1. Cll. Pnoje at Gloats The goals of the St. Croix RivembElnk RElstaratiorl ProjElal are as follows: • Develop a stat ilization strategy Elnd preliminary design for restoring ihe riverbank within the sirs c y area Qbetween the Dlocik Cafe and Su ninyside Marina, as shown in Figure 1). The proposed strategy arc c esign shciu Id emphasize the ibllowir g priorities, with in the gu is elines establish ad fon the SI. Croix Rirer as a wild and Saeniic River: o Stabilize eroding shorelines o Improve safes aaciess io The St. Craix Riven by the pu dlici O Improve aesthetic feature's, Flartic(IarIy in proximity tci ihei existing trail system anc future impravemenls wh iah are liec io the completion oI the Si. Clnoix Choosing. • Identify opgcrtunitfee't0 arcate public' spaces as part of the restoration gnoject which Eine consistent with the City oil Stlllwalen's E ridgeiview Park Master Plan • Uridensianc The enivirarimental palm fitting processes inivcilvec with this type) cf project • Develop aost estimates based ori the preliminary c eisigri • Ce'velap ai stnate4y fon phasing ar lc fur icirig the improvements • tncnease thea aestt otic' appeal arid satiety oI the shaneline within the sluc y area, wittlir the g(icelines covarninag 1M El St. Craix River as a Wila anc Scenic River At calls Ility Stuc y fat the St arcus Rlvei bank Restoi atlan Rra, ecl CIIIN oil SilIIwahlet, MN WSIB Pt ajact Na. 01891-020 Peale • SECTION 2 2. EIXI$ITINGI CCINDI11ICtNS iI.1. Sitei Visit arc Photos W SB candu ated two side visits w ittl re p rElserII IIiu es flour the C sty cif Stillwater. Th a first site a isit was a walk slang the Si. C rob F iven shoueline near the Su nnyside Marina end a disau ssicin cif e>I isling erasion issues. WSB atafl look pictures and rates du ping this visit. The sEIaord site v isil inial uc ed a sonar su rve y olI the bank beim th El water ler el anc was ccindu ale d filom a Coal. W SB staff also look piciunea of 1he tanks anc the misting ccindillians Irani the walei c uririg this `isii. Rotas from toth site visiils sue available in Appendix A. 2.2. Existing Corc itions Survey WSB aanc i.alec a siurvely of the existing banks in Augusi 2016. This survey focused an quantflyirig ttlei slopes cd eroc ing hanks as well as the locaticinl cif ulilitie s and other stnucitu nes. The topoglnap by anc ath er information calleiclec during the survey is shown in Flip les 2 •4. As part of u nderstanc ing the existing dont itions on the 91. C noi>li F iven, W SB also re viEiw ec w sten surface elm alian data fram the USCIS gage at Stift ate r. A graph of the wale!' surlaae eleivalion versus dale from August 17 lo Deciembeu 15, 2a' 6 is shorn nl t Blom . Wailer Surface E Ievalic n, St. Crc ix River at Sti I II water E182 6116 9/11/2(11(1 5 /61/2016 9/26/201( 10/1(1/2(11€1 11/5/201E1 11/25/2(11(1 12/15/20161 Cale Waten 5lurface Els%alion (ft) Fsasldllity Slc CN far 111e Sl. Croix Riverbank Restoration Rno ecl ClitN cif S(iilwatE n, MN IA SB Rioject N a. (11891-020 Page 2 S EC TION 2 While! the USGS data was sec 10 arelatE! this (Inapt, it is prelirrliriary and covers a ielalively shcrt lime peiniod. HCIWEIver, it doers prcIvide useful infc imatfc n iega ndir g water levels it the St. Crc ix Riv er. The SI. Croix River is considered at minor flooc stage wheal the waten surface defy alicn is at on a Bove E187.0 feed ar c arc walla g'on'e goes info (great al 683.0 feel. When'th a St. Craix is nol at flood stage', the river ca r rise anc fall several feel within a relatively sort period cf time. ThEI Natianal WeathER Service IINW SI also pravic as prat ability information fan WE ler surface elevations in Stillw ater. AI water sun ace Flew lion milli a 5[I mart e>' ceedarlae prc bat ility means th at the wa ler surface will tel at or atavE! Thal elevation! 50 percent af the time. The NWS conditional simulation! c Oriels the WE tein surfs cc elevation with a I`. a Flercenl eixaeeca nce Flnot a bility as 676.8 feed. This EleivaliorI can be ac nsiidered the working deflnitian cf the baseflow elev at on fcin 111 el St. Crc ix River. ReasltIliity Study to. thea a1. Chula Riverbank Reslarallcin RraJecl City af Stillwater, MN W:09 Waled Na. 0189'14 20 Pawl 3 SECTION 3 3. PROPOSSO IMPROV EM ENTS 3.1. Stabilization Alreais The e>islirg ccirdilicns survey sir d fielc visits sr c wec lhel the severilyoil eradon issues vsir'ed wisely within the project Sues. The barks suriiourlcing the Sl. C rob Boal anc Packet alut were :time of the most se vemely erodec , in sc mei areas eixcieec inig e slope o1 '1:'1. Sonar me as u nemenils frlorri the s e ccind site visit inc ic ale d that the barks be lciw the miler line in this are al wet e similarly site a p. Th ere is minimal dls lerce beitwe en acaes s pciirits I trails, nom: , parking lots] aired 9'1E1 liver b sinks ir¶ 111 is a r ea, meaning circ s for is sues are high ly vis ib le 10 the general pub iia. A likely conilriti u tee to the seiveie erc siori in this area is lorrrwater ge aerate d b y the e xis tfr g tra it and parking loll, wh ich) is arrant y u ntre ated before i1 ileac hes the SI. C rove lRiveui. This au ea also conte in: a significant arriciu ni elf infrla stiluc tune, both averheia d a nc bu ried, that wou Id neec 10 b e cants is erelc w her s electing s tab ilizaliorl methoc s. Moving dem nil ire am, the bark slopes flatten out both at aye arid below She water line. The! trail anc Highway g5 are llarth el frc rn the river in this area anc there is no public w ater acmes: a rltil the Sunnyside Mai ina. Thee rp imary infra strut cl um iri this al ea inlclu c es the s anitary s ewe n trunk lire wit some expos ed manhole sin atures along the waiieu'a ec ge. Erc siori is suers in 1111s anea a ue les s severe; the major cicrnc erns are the barks s u niou riding the north eric cif the Si nny sic e Mai rola wh iah is arrant y being i sec EIS a tarp tau rich liar w ork c ni the S11. C i oix C 105 sing. Bas ec on a review oil 1h a study area isill ing candifcins arid the location aric severity of a rosion is s u EIS, the s 11 c y area w as subc iv idec it to th re El areas, as sr awn ori Figu nest 2 - 4. Th is division allow s the rpoject tci to phases fcir both sciheculing aric lurlcinlg purpgses , anc it keeps the scale anc types oil gnopasec stab Mast or methoc s similar within a s irlgle are a. Area '1, or l he Doak s area , isl the north emmasl area w ith the most sievelne erasion issues. Slabiliaatic n in lhisi anea need s lc address sleep be Os, toe eros ictal, a ritreialec silonmwaier runoff ilrom s u rnaunc inig impervic us s i. daces, and localizeic lad c 1 vegetate n. It is also the nlcisl s peicie-cc retrained area due llo existing c evelogmenl a rid irifnastnuclune. Area 1 is shown in Fligure 2. Area 2, or ll he Flooc plain Here sl, has only lcicalized erc siorl is su est aric most y slab lei b ank s. The primary aorlaerrls in th is eirea a ire adc nesisirig the tori al c 1 gu Ilies cai sec 1 y slormw aler ru rioff ar c r nolecitiar anc stabilization cif eHislling structures (sanitary manholes and slcirmwateir outlets] al the river's ec ge. Area 2 is shown in F figure 3. Ana 3, or 1 he Marina, h as localizeic oaciu reenaes o1 sleep b a nk s anc ioel er osicin, b it they ane less widespread anc less se vEme th an in Area 1. Area 21 is sr awn in Figu re 41. 3.2. Summary of Agency M eating and Feedback Received an adobe!' 2E1, 2C116, VV EIB slaff mei with City staff arid mill esent all ives 1rcim regi late ry aigenaies to discuss nos sible reisloralior stilalegieis fan areas identified in Section 2. Reigulalony atteinc ems rerpleseniteid lh El 1lollow irg organizalians : • U.S. Army Colpsr cif Bnginelers • IV irnesola Departmenll cif Transgortaliori • IV irnesola Depa rtmenll cif Nati nal Reisou rtes • IV ic dle Si. C none Wallershec Management Clrganizatior • Bnowris Creek V' atershec ME rlagemeint Onganizalliorl Reasibilits1Study far ttEl at. Clioix Riverbank Res9aratlan Shaded City crfSINN able, MN WSR RroJect N a. 01891-020 Frage A SECTION 31 AlgEIricy nerpiesenlatfves claves feec tack cin numerous paints cif the design, as well as the overall scopes and sahEicule of the project. Feed batik rElaeived is tit mmallizEid as fcillciws. The design must niol inaluc e plastic or pEltraleum-baISElc Fpioc u als used within the 100•yEIar flciadpleiin of the r'veu. This is 11or aesthetic concerns as well as Ilor the sake of preserving plant anc animal haititail. If th a Flrojeat inclludEls any ligh ling be ac dec 10 th Ei Highway 95 trail ar th ei proFlasIEid scienici overlaciksi, it muni be minimal in scope anc ncil interfere with insect trEIElding or t end migration. The Aluc ,tan ,loaiety has a "Lights at" Firocpmam whick shot, lc to used as a reference. If times neec ta tri removed, wham er posisitlei they shot, lc to aul high ericiugh on the slump that they will re-sprciut. Struclu sial iieinfarciemerls oil the toe oil tanks using non• natural materials (such as aonarEitEl bloaks ar sheet pile) must riot be visit IE1 llrom the riven for aesthetic' reasons and tci maintain the scienici ciharaclerslIics cif the riven and rivertanks. Placement ell scienici civeilaoks or other public vieiwpoirits neec 10 talariae acquiring a view oil the river with riot Laing prciminenty visible from IhEi river, ski as lo maintains the scenic' aharacleristics olI Ih€I river arid riverbanks. Any propasec plants must to native specieis tci the St. Crciix River Valley. The Speaificatian for any v isible rciaH u sec in the FIrojEsat is ihEl it must bei relic nal nock. 3.3.. Proposec Stabilization Melt ods Theme area many design arileriai whish neec to Le melt far any stabilization melhcids installed an thei SI. C i ob Riven . As d isciussec in Section 2.2, the design muni be rot usl in Mei facie af a wic Ei iianige af water ler els aric velocities, as well as fibst heave arid iae cc maga in the wirlei . The :lain iliaed banks mu sl t a low maintenance and aesthetically pleasing 10 the public' as they inleraal with h frcim Iicith the water anc the shoreline. Stet ilization methods that minimize exceivalion aric tuner disturbances are beneiflaial bEiaaiuse they will pnevEint excess sec iment toasting tci the SI. Croix River during aorislruaticin, as well as minimizes impacts tci the historic anc inc usli ial strucu res present in Areas 1 anc ;I. The design mull alsci consider ISSUEIS of ciasl, pt, Clic access, anc erases oil constrt citability. Bemuse 1h El St. Ciaix River throegh Stillwal ii is a feeEirally cesignated Wild anc Scenic River, the design must dive entre' consideration 10 visual impacits and rEispEial fon the existing terrestrial arid aquatic communities. The design must fallow guidelines llor uric t,se anc management set out by the Nalianal Pas ks Service in the Si. Croix Cloopelrelive M anagEiment Plan (MN DNR e'IQO(I;. W ittl These ariteriEl iri mined, W SB praposes i. sing the fallowing methodoloc IEis as stabilization stnalegies cin 111E1 St. Crciix Riv eir: Vegatailed Reirforccic Soil Slopes IIVRSS; — This meth lod acrYit ines an Eingineerec slope w ith vegetation 1br an aesthetically pleasing stet iliaec bank. The slope corsists cif a stone toe lopped with Licidecpadatle tlanHet-wrapped sciil lifts. llhe sciil lifts ane plantcie with Loth a native seed mix as well as live slakes; ty the time the blairikei has cegradec the rciats cif the plants have developec and are serving ta stabilize the slape. Thesei systems can be installed at a slape of 1:1 ar less, but they c cl req he fu II tit n or nearly Hull sun e>I posui a lo ensu s e that the vegetation teccimes wEdl established in a shall time. L ive Fasair es — Live fasciines are a vegetated slat ilizatian preialice best used for long, sheilciw slopes with ft, II :IL nn. They cansisil cif live willciw or dogwood autrrigs lied in long bundles. Th EISEI t uric les are them placnic in a shallow trench which nuns pelrnlenc iaular to the direatian of elver anc flow. OveIr time the !NEI auttirigs will rood anc establish permanent vegetative coven an the slope farce. Live fasaines work well ila prevent gully lbrmation an sheillaw sloFles arid slow ttlei velocity af over' arc flow. Reaaibliity Sri dy far the St. Cuolx Rlvartlank Reatarailan Rea ecl City cif stillwaler, MN Wsa Rra ecl h o. C111914 20 Page 5 SECTION 3 Hand -placed Ripra Fl — Tlhis is a typical ripnap installation that w ill be u sec 10 stabilise existing' stanmwatelrl and sanitary sewEln irlfilas'Irl. al urel w hick is current y ex posec w ithiri 1 he project arena. 11V SB proposes placing' 1 Hs ripnap by Fiend inalelad cif by machine in order 10 minlirr ice 1 he irr pacts 10 the sr anelinle caused by machinery. Vegetated Riprap - Vegledalac Iniprlp is a typical ripnap installation with live cuttings planllec int 1h El soil telow the rod matrix. The vegelaiion reed uces the visual impact of the ripnap arrd helps stabilize the sail beneath the riprap. Vegetated riprep will be usec in this project whelranvenn canopy c'or'ditianrs allow for sufficiEeni sunlight to promote growth cif woody species such as willow and reit ask ln c ogw ooc s. Soil -fillet ripnap — Sail -filler ripnap c iffelna 11ron vegetated ripnap in th at the vaics in the roc ks ane fillet with sail, wli ich can 1 h en t e seed ec or planted. Th e v eg'ete lion glow s in 111 E' soil t eneath the nooks, rath eir than sciil that h as been placed between th em. Sciil-filed riprap carr t e1 purchasec as a pre-mixec t leInid of topsoil anc rack, which allows the1 mixture to Le corn pac1ec cin site. Soil- fillec ripnap w'll ben u sec where sunlight aric soil coniciiiorls do not allow for the installation ol vegetated riprap, and it will to planllec w ilh a shade -tolerant mix of g'asse's anc shrut s. k ed iv e plerrrl Inger — Native plantings will t o u sed ih'lough aul Ih El ppoojecd 10 nestane distu nbErc aneas aric as part of vegElalec solutions such as vegetated riprap aric RSS. Additional StrL ctural Tae Reinforcement — cue to ttlEI lack 011 spaae between the tnail anc the river in Areas 1 arid 3 as well as 1h el steepness cif the slope, acditianlal sin crlured tae rErirlfancErrnent may t e raqu irec lo :IL pport the proposed stat iliaratian measurers. Th esEl methods would to designec to remain undEun ttleI water arrc'herefore nlcit visit le to lhe1 putlia al tt ler rrarmal watEa level elevatfan of E180 feet. Rassitle nerinfonaelmelnrt methocs include, tut ane ncil lirnilec to, a boulder toe, cabled concrete tlaads, anc redefining wells. 3.4. Plloposed Pu t Iic Amenities The recent campletion af the h ighway 5I5 trail, the pending comglelian of then St. Crcix C;ressing, anc the carisr arsicin af the Stillwater' L ift Bric ge from a veh lcIuIEIn t ridge' to a pec estrian anc bice cle t ric gle1, will all ch anger then t nafftc pIattEims with in and arciu nc c crwnll ow n Stillwater. Pedestrian anc t iciyale traffic' is expected lo graw significantly in anc around downtcwrr once these ahanrgers ane' ciampleied, anc one af the goals af this feasitility study is 10 discuss creation ol public spaces to aacarr pang restoration work. After reviewing the survay data, site ph clog iiaph s, and other site' inlorrr atiarr, W SB selected th nee passlitla sites fan scenic' averooks along the Si. C noir River. These locations were selecdec using the' fallowing criteria: 1. Space available' to install a public' c'venlook and canned 11 to the existing trail 2. Site layout allows far scenic' view s of the riven and surnoundinlg valley 3. Site aacesis fon aorrstrlu at'an Tlh a laaal ions cd th we proposed avenlook s are sr awn on Figures 5 arid 6.OnieI of the overlooks is loaaled in Anea 'I, arid two are' localec within) Area 3. The placement ol scenic c'veroolis as shown ori Figures 5 aric 6 is pneliminlary anc may Le neyisEid Lased on faedtack from clad ec offlaials, the putlia, on regi 'atony agencies. Renc wings cif the prclpolsed design and layout of the overlooks are sr awn in Rigures 9 and 6. Th e ppiopasec ever coke will aorrrlect with the existing Highway 519 trail and include seating anc space fon viewing 1he river and riven valley. A dc iliorrs to this c esign could irlalu c a public' art, interpinefve signage, cin irrfonrr ation at out th a City af Stift at or. Feaslbillty Sit Cy for tt e sit. Croix Riverbank Restarat cin F reject city of SON ater, Mt V119B Iii oJac t a. 01891-020 Page 61 SECTION 31 As design an lhel stat iiieialian Arc lad pnoceec s, the City may w ish ta add or include other IR hlia a'rr e'ntitie's. Ideas prciposled during meetings witt the City and re'gulaloryl agenaies irduc El El bikes tap or bike stations in tha north part of Arca 1, a fishing pian inciorporate'c into the nestcuafon of the' barge launat site in Arela 3, anc ai canoeulkaya k launch point in Arenas 1. �.9. Rossssit le SIormwlater Mangl£lemeail S1lrateg lea Asl c iscu seed in Sections 3.1, slom w star nu noff ftcim Existing impelrviciu s su dances is a possible' cianlribu ton 10 bank erasions, pa rticiular y in Arca 1. Installing ac citiornal s'tcmmwaileu Best Management Flnac'ticias N Ps) as part of a future stabilization effarl wou lc ac dress these issues' anc -eilp the Clity me'e't st army afar management goals. Ac diticinal sl ormv sitar BMPs may E Iso he re'qu ire'c 10 treat nunciff frbrr irr pervious aneas installed as part cif the fnofasield sc'e'nic overlociks. BMP,' whiat are suitable fan uta within the' projecit area neec 10 to designec to meet that stc'rmwalter rate anc volume axpeclec Adan observed; all the partici lair location. BN Ps c'ons'idered fon t1 e' Fllwjeclt need ta be adaptat le to a wic El v misty of fc'atpents; Aneasi aind 3 h ave much mare space fon stanmwalfe'n BMPs than Auea 1, that. gh Anea 1 has 1 hal most impervious area. BN Ps w hick are su itait lel for use on line's n installations ane pairticiular y applicable ta this pnojecd du ei to the pnesenae of the Highway 95 trail and ta the limit ed space available dciwngnadieint filom mast major imperviou s surlaicesl with in the t;Iiiojecit areas. E N PEI a sec on the SI. Crab t antis will also' meted ta t El aieslhellica lly su ilat lei 10 th e speiaif cI site and ta tt a wic em Scenic' Riven Valley. Tables 1 telow de'senibes sitcirmwate'n BMPs whits- may be suitable fan USE' all va'rousl locations within ale St. Clrc'bi Stabilization puojecit. These) BMPs have bean selecite'd fon ttail feasibility only; furthen study will naurow the imposed sllour water tnea'tmennt options t asieid an specific site conditians. Table 1 — Starmwater Methodology Comparison Meff od Cesar ptlon Advantages Disadvantages Infiltration Swaleis I7itah ccintainind diIc11 ahe'aks wit iah retairI runoff and enciou nage infiltration -Aahieves volume led aticln -Not aesittle'ticially plus sing Buffet's Areas planted with native pistils -Simple casign and ciortstruclticln -Minimal maiintenanae -A esthetically pleasing -Retail\ely low calk tart reimo%al •Vegetation neecs to to well eclat lisheic t efcine becoming effecitive Filler Strips Depnes'sions wt iah hap anc fillet' runoff using anti anted fill ar media; aorlains an and erc nain -Highly salt tolerant -Can lemma phospt onus' u sing ircin- ant anceld rr edia -Can fit in small spaces -Nol aesthetiaally pleasing -Re'quire's mann cele ainc outfall for drainage Biofiltration Filter steps containing tar d anc compost insleac cif art anciec filter media; planted with filtration-ent anc'ing plant and st nubs; aortairns an uridercrairn -Awith eticially pleasing -C in fit in small spaces -Susceptible 10 traffic damage IIbii e' cin snciwplciwi a particular risk in It is lactation; -Nat salt tolerant -Re'qu ires man- ole anc outfall for drainage Plan'et's Clellulan uni s whish are nllarlec wilt flltratian- ant a acing plants and st nubs; contains an u nc erdiiain -Aestheticially pluming -Clan fit in small spaaes -Raquiuea man* ale anc outfall for c nainaige -Mg hen cost pen squ arae ,faol than cater filtrlatiorn methoc s Feieslk Ility Sltuc y lc u thea Sti arc ix Riverbank Reslorc tic n Rrcjlect Clity c 1 Si illwater, MN wISB Puolecl Nc. 01891-020 Rages 7 SECTION 3 3.6. Estimate of Probable Cost WSB completed a preliminary cost estimate for the St. Croix Riverbank Restoration Project. The estimated total cost for each area includes the construction cost, a 15% contingency, and 30% for indirect costs. This estimate is based on the stabilization methods and tasks shown in Figures 5 - 7. A summary table is shown in Table 2 below; the entire itemized cost estimate is shown in Appendix C. Table 2 — Preliminary Cost Estimate, Summary by Area Area Cost Percent of Total Project Cost Area 1, Streambank Restoration $649,000 34% Overlook cost. quantity 1 $53.000 3% Area 2, Streambank Restoration $131,000 7% Overlook cost, quantity 2 $105,000 6% Area 3, Streambank Restoration $943,000 50% Overlook cost, quantity 0 $0 0% Grand Total $1,880,000 100% Feasibility Study for the St. Croix Riverbank Restoration Protect City of Stillwater, MN WSB Project No. 01891-020 Page 8 S EC1IION 4 4. PRC J E CT PERIMITTIN GI, SCHECIULE AINCI FUNUIN G 4.1. Project Permittlirig Tasks Due In the prciximity of She area 10 the SI. Croix Five u, nu me not s agencies will wasni involvement Ihiciugh the perrriiting praaess. The U.S. Army Corpls of Engineers wIII ciniy require permit stbmissiicin if wank is bedrg done tlelow iI e OHA L 11Orc inary High Water Leivel:; it is Finticiigaled dues 10 bank undeucutling th erei will be r t rneinou s areas along the ccirrlc or wh ere wcirk w ill be cc ndu ated below this level. Iri €ic diticin, the MnDNR w ill require a wcirk in Fllu blic Welen Permit ainc the N PC A will require an N PCIEIS Coristllu at an General Permit. Fu rther, the Mic c le Sil. C Ioix W dent ad N anaclemenl Clegeriizatfon (WN CI), Fired Brow na Creek WMO will also likely t e invclvec . Theis inv air emenl will be likely Nom a Alan ov ersighl aind ler law ;lairicpoint with trip ut cin grac irg, reveigetaticin, and impervious ssurlacse aalcsulalions irleirfacec IA ilii long learn slonrriwaler treelmeril. Unless actives eagles nests on tile) ell 1h neatened cir enc eingenec species Issue area enaourstelnec, it will likely riot require) civersight or peumila frcirri the USFAIIS. Tile National Park Services end the SI. C Ioix Bas in Partnership have been inv'teid to comic trip u11; h moven, as El ciciurtesy du ring the final stagesi of Alan design the City of SSlillwaler may cihocise tci Fluor ide copies cif their finial design' Allann 10 thesie twci grou As tci solicit feedbaak. Asl t cith the National Palk Service and the S1. C Ioix Bassin Partnership have teen li eevily involved tci c aster cin t h a St. Craix Ctosisincl Prcijescl, they maty have valuable input an the style oll vegetation and matesnials Ilor re-establishment. Below is a summary of agency requirements anc the permits involved with this proJecit: Table 3 — Agency Requirements and Permits Acronym Agency Description Permit ReqL fired? AC CIS Army Corps of Engineers Yes — u nc en Secitian 404 C A A MnDNF Mininesclas Dept. of Natural Aescsurcesi Yeis— Pu t lia Waters Peinmit MPCA Minnnescda Pallutian Cortisol Agency Yeis — NPD ES Perrr it MSCWMO Mic c les St. Croix Waffle ed N anagemenl Organization Yess — Graft ing,IDrasinacles Perrr it USFIMIS US Fissh wind Wildlife Service Unlikely NPS N at lanai Park Service Courtesy Review SC BT St. Cuaix Basin Team Courtesy Rlev iew The longest c t nation of plerm it requ iisemenlss likely ly will t e that cif tit e AC CIEI. CIL nations cif ' :I 10 ' 8 months are nal uncommon; hawesver, tumanourid time is c eigericenl upon review arileria. 11 is likely most olhein permits will to compiletec w ith in 30 — EIO days from appllicsalian tci aigprcwa I. 4 AI. Possible Fu niding Sc L aces ))hems ane mangy func ing sot Ices all variausi ler els of govemrrsent whick c an assist w ith func ing) the St. Craix Riverbank Restoration Project. Some oll these func irg sotnoess include: • Clean Water Feu no C rants a Aplplicalioris acceplteic annually in August. a To qualify far th ease grants, the S1. Cresix Rivert sines F esloraticin Piojecl wou Id neec 10 quantify She recuced sec iment load tci the St. Craix River (ard by extension Lake Ffespin) tci prove w aler qt ality b eneifits. a The project wot lc also need tci Le qart of a comprehensives w eller management plar t y either the watershed district, the cot.nty, thea local soil anc wader csanservatian district, or a Total Maximum Daily L aac (TMDL)orWatershec Re:donatiananc ProtectianSlratesgy (A RAPS) document. a Autry Ries includec in this pnojecl are alneady part of ai Biennial Elludgesl Request (BBR; ty the Mic c le SI. C rob W N CI, the wateslsh ed management orge nit atian that clovers most cif Feanibillty ShlCy fair the Sit. Culla Riverbank Restaralicin Rnci�cl City of s tlliwate r, Mk' WS9 HroJec t a. 01891-020 Page 9 SEC1IIION 4 Stillwater. This aidc s aadditianal poirlle 10 the plrojeat siccire when applying fcir Clean Water Fu rid Grads'. o htip:/Iwww.bwar.stale.mn.usAlcleanwaitElrfuncllincex.hlrr1 • C lean Wate r Pari r airship Programs o Appllicaticlniai Eire aciaefllec ori El railing basis; iluric Ing is appinovec basec ori lavailatle Ician ilunic s. o MPC A grcigram tci iluric plrojeclts wh scat adc less pori -point sciurcie water path.. Like 1h a Clean Milan Fu rid grain), the su acme cif appllicat ons 10 this program w'll rally an sediment Iaad rec u alionsi Eich iEivec t y the F1rojEaat. a C urnenlly C lean Water Partr our ipl glrarlts h ave ncit beim fu ndec t y th el state arid are ria 'angel lak frig appllicat ons, bu 1 tt ere Eue Clear VV atEln Partnership loser sl as well as 31g Bunds (1lec EIraI dollies; availat la. a httos:il/www.pca.sitatEI.mn.us/wader/financsial-assistance-nonpoiril-sounce-waitElr-pollulion- prOiElats-cileari-waten-Dartnenah ID- and • Cleparlmar l of Natural Resources Conservation Partners Legacy Grant Program. ci Th is grant ilu nc s P1rcilecte which will incilu de hilt Hal or vegelat an restorastoni. ci http:1l/www.drir.si1IalIe.n ri.ualarantalhabilat/apl/index.t trrll • National Parka Se nice Rivera, Trails, uric C cinservaificir Aasista ricie Program. a Applications accieplec annually, c eaadlinel iii . une 3(I. ca Runc ss F1rojEiclis which suplport csonsiervallicin anc reacreallion in anc arclunc Natfcinal Parks anc areata marsagec t thei National Parka Services. a Aequiress three letters of aommitrrleinll frkirri psrHier orgariaalions 10 demand rata support fon 1h E1 riuoieat. ci llh a SI. Croix RivEarbEink Real ors tion Prcijecl is a gosisiblea canc is ate for 'hese fun( s becisuse the S11. C noir River is a 1lec wally -c emigre tad Wild and Scenic River with ample apportu nitieis fcir relarEaatican anc cicinsiervatfon ins It E1 Si illwater area. ci httos:/dwww.nos.aov /aces/rtcsa IavoIv.t tm • M Iddle St. Croix Waters h e d N sanageme nt Organization IIM addle 611. C i olx MWCI) ci The City oil Stillwater is digit le fon cost sib arei iluric s fcir this plrciject frcim the Midc le St. Cresix MWO. Applications arc s metalled each year ar c the c sasign pnopclsal naiads 10 be nevieweid ty the boamc betwaen AAril anc Junes. Qualifying plrojEaats area lurcec ori Ea find - con E1, finsl-sierve basis. This project iss eligit le ilor a coal sh are oil up tcl 11,000. 4.1I. Proposed Project Slch aid a Is Basec ori the ccisl cif reastorEstior as outinec it Sections 3.6, thea pnojecit cicsuid bei aclmpllelled using a pihasec ap rinosiah th aim ill allow III si City 10 ccimglele plrcojeicts EIS 1u riding from vemiou si sou aces belaorr els avEsilatle. A phasEad apprclach will also allow the City to focus ori inlegnatlrg slabiliaatican anc resloraticin efforts with othEln work au nreiritiy pllanr ed or in program iri the Stillwatean anal'. N u Itiplei n assess cicsuid alsa t e completed simultaneously h 1h a City at caaseas to co sca. Assuming ttlat th e City pre Pers a ph aseac approach, the propcasec stab ilizs lion work will require adc aboral design anc initial permitting w ark t Elora thea Clity b aging tt pinoclesis of s plplyirig fan guar t fu nc irig. Grani appliciaticansi anc fine 1 penmiti inl1 wauld then praceled or i pEmallel tracks until ti' e fu ndind iss secau rad . A potential caul line for thea phaseid apppoaclh is sown below. • Os gig r work ar d permitting a Workshop) it City Cm ricil tca c eaflrae a prole cl scope, fu riding plies, anc public invalvearraeant gnomes a F ueliminary deasign wark can slabiiiaaticin rr eth ods anc finalize scenic' ov erlocik Iocial ions as necessary 10 meed grant aplpiiciaatican mequiremerits a Begin grant agpliciaticinsa iri coopemalior witt the Middle St. Cresix N WO iri N inch 2017, fcicusing ori 319 grants arc National Park Service grants fan Alicia 2 slat iliaalion. a Clean Water Fund Grant application fon Area 1 stabilizaiticln iri August 20'I1 Feasibility Study fan the Slt. Clic ix Riverbank Real c rr tic n PlraJecl City of :Iliiiwnleir, MN WSB P rcilecl Nc . 0189'1-120 Plage 1(1 SECTION 4 o Approval for future phases by City Council • Area 2 Stabilization and Overlook Construction o Timeline is dependent on funding availability. Recommended priority grant applications for this area are the Middle St. Croix MWO and DNR Conservation Partners Legacy Grant Program. o Project award after permitting process is complete Area 1 Stabilization and Overlook Construction o Timeline is dependent on funding availability. Recommended priority grant application for this area is Clean Water Funds from BWSR. c Area 1 stabilization work will likely need to be completed during frozen ground conditions • Area 3 Stabilization o Timeline dependent on barge area restoration activities and funding available o Area 3 stabilization work may need to be completed during frozen ground conditions Restoration work in Area 3 is already required following the completion of the Lift Bridge Rehabilitation work and is currently scheduled to start in 2018 and finish in 2019. The City of Stillwater may wish to coordinate Area 3 bank stabilization work with MnDOT in order to minimize repeat disturbances in the area and maintain public access to the Highway 95 trail as much as possible during construction and restoration. Feasibility Study for the St. Croix Riverbank Restoration Project City of Stillwater, MN WSB Project No. 01891-020 Page 11 SECTION 5 5. Conclusion and Recommendations The St. Croix Riverbank Restoration Project will add greatly to the existing bicycle and pedestrian amenities available in and around downtown Stillwater. It will also improve the aesthetics and safety of the banks along the St. Croix River, both from the water and from the shoreline. The proposed phased approach will allow the City of Stillwater to plan and budget for stabilization activities, as well as develop partnerships to help complete and fund the project. Feasibility Study for the St. Croix Riverbank Restoration Project City of Stillwater, MN WSB Project No. 01891-020 Page 12 Appendix A — Site Visit Fllh otos Barks awe und the St. Cuciix ®load wind Packet Complary ApI pEi nc ix A — 9i1 a Visit P hcii os Aggenc 1) A — 5111e Visit P11 a1 as Ai ea;1—banks and s1alrn atEn 511Uc1Lies Appenc ix A — `lite Visit Rhol a! Phalos taken fram thlEl 9t. (lioix c u 1 irig the barks slope survey Areca 1 Appendix A-5lite Visit Ahotes ApipE rid ix A — SitE Visit 1 h otos Aeezi 2 Appendix A — Site Visit Rhotc s !Ir posec sairiil ary SEIM er strt ctL rel Apple nic bo A — Slit a Visit Phci1 os APPBNDIX B APPENDIX B Figures Figure 1 — Study Area Figure 2 — Existing Conditions, Area 1 IFigure 3 — Existing Conditions, Area 2 Figure 4 — Existing Conditions, Area 3 Figure 5 — Proposed Conditions, Area 1 Figure 6 — Proposed Conditions, Area 2 Figure 7 — Proposed Conditions, Area 3 Rigure III — Proposed Overlook Rendering, Plan View Figure g — Proposed Overlook Rendering, Profile Via% Feasibility Report fan SI. Cralx Fllveibanl SIabIllzatior RroJect City of Stillwater, MN WSB Project No. 0189°I-(70 APRENODI B 4 321f1OI.J V1OfI3Nh IW'1131VAIK1ILLS dCI ALO 3141 HCIA S1N9/ 3/ ONdI1 NOLLVZ111131ollS Ml YBNV;ILLL9 X1(1 13 '19 miKmwa =i • mw.rmi .a *K. raw 1F ig Z 3H11013 11053NMI I'H LVM11L!. AC AI 3 31IJ 11O_I SJ.NR11I3ACINdMII NOLLtT719VJI1 } NV9I IaLS XICldo •1S Olw� WI •lWlWlw XYRIw- E 3811E Id a 3 21 2I ao a 11 \/11CI93NNIW `831:VAhl1IIS d0u0eHJIIO:I S1N311I3ACItldM 1 NOI1VYr 19V11 NY81MY I LLS X1OV: '1S V•011.1.141011. I -0 i% FilSig ii 16 4 3dfIJIA VIC S3N NINE ` ul ./IA11I1S :IO ALP RILL ChI !1! ! w 3ACIHdw1 NOLLY2118113 NNY9WV321.1.S MOW Z 'L3 0 OU 0 CZI Cal ai n 4 v e Ti le a RE Q O a O CI 0 0 a m u 61 1 n� s 6 .04 x r EranYfl e^DITI^_ueL sTRi 1CP 1RAL TOE REINFORC.MENS .T^_RM PIP. ..TAILIItar WA, t FEC .LOP. s 1:4 .L^_PE 4:S - 3:2 SLOPE 3:1 - 2:1 .LOPE 2:1 AND r_oce' VRSS ROOT VrosTATED R!PRAP l D PLACED .IPRAP nVERLOOK OPEORTI f LAITY ww 1- p Y 2 co m nIN G , E. E. 5 xc W F U1X Li_a I -I J J H 111126J.CT !1a2! -O2 r ," •••••• I.,^T Nfl 77 r* I SIIFFT 5 OF 7 SNFFTS LEf1EN0 - ADD TIfNAL STRUDTURAL TOE RE!NFD_RCRAPNT - ernRUE e1PG _ RETAINING WALL FrbICF SI Der < ]:e SLDeE 4:1 - 3:1 sLD_B. 3^ - 2:1 SI OEP 2:1 AND r.REATEE VRSS j� Rnnr Rep VEGETATED RIPRAP HAND 21 AMED RIPPAR OVERLOOK OPPORTUNITY W re 0 S WSE PR61FCT NO. O11121_O2 LEGEND ADDITIONAL STRUCTURAL TOE REINFORCEMENT STDRM PIPE — RETAINING WALL EENr.E SLOPE = 1:4 SLOPE 4:1 -3:1 npC 2:1-22:1 SLOPE 2:1 AND GREATER i;FI;_ 1 RGGT RAp VEG.m.M PIPP AP WAND PI A(.ED RIpRAp n-VRaL-nn-', OPPOQLWIT' W LL a 2 w p Y S N1 030 Ia Z c c" u_• I I- J .w J F5� a WEB PROJECT NO. 01891-02 ST. CROIX RIVERBANK a A A WSB Existing significant trees Concrete pavement Bench . --'''' ', t ,'..Z%1%. `• 1-:;;;;ktik.. ,/i 1 f_z - - --.1.7....;1, ••••• -7. ' ''',/) ,!,,t,*•.:0'' ' 77k---,•-, (,!,.. ,:,,g I1•? tt . - -•;1k. 00k 4 ifrii'' •e!r.177.41174iiiiir4=.21.Vair_AlibiN ir. , ,,, ' f '‘,11::j.,:' t •-i..,4 ikt. 701 2..14 lvtar: - 111••••po4ls, MN 55414 TL 763-5414800 Hag 763-541.1700 Date UMW. 2.41 / 41 r Connector trail ti I lwA ter Large block retaining wall Ornameotal railing 0' 1' 2' 4' Graphir Craie ST. CROIX RIVERBANK KllhvatPr tOt t1A,M,EAtt 01 MIAMESPIA Existing significant trees Ornamental railing 1 arge block retaining wall Shoreline stabilization (riprap with planting pockets) 701 Z•nla South -Suit- 300 Mlnn.a. I0 MN35416 Tol: 763441-4800 -+'m Date: S.phmber 2016 St. Croix River Towlaloram } connector trail 0- 1" 2' 4" Graphic Scale APPENDIX C A PPENCIIIX C Feasibility Cost Eslima e1 ReasitlIIity Req art 1011Sti arcdx P lye!bank 5tat: illzalian Malec' Cit3I al Stillwater, MN W£IS Rua Iecl N o. 018914 20 APRBNL IJP a FEASILIW STUDY FON nom Qnd AVEAAMK E EMU MN PM EC1 CRI'OF STR ME TEN WSE PROJECT NO 01111 l -02C SIT. CROD1 S1IRBAMBANK SIIIABILIZAIIICF PROJEIC11 HBASIIBILITII COSI1I BSITIMA1IE3 No. I em Oasedpdan Um Nal CITY LINI1 PRICE Area Ownttty Area An•1 /Irss2 Cos Quint* Cost Ani 1 02000817 Ane 3 Cast TDNI Cdet 1 MOBILIZA' 101 L S 3 1 20,1 00.00 1 320,000.0 320,000.00 1 120,010 a SBI 000.0 7 CLEARING AC 1.(1 1 14,000.00 0.33 84,821..0(1 0.34 841,790.00 0.34 84,781.00 1141,140.00 3 GRUBBING AC 1.01 1 2,200.00 0.33 1728.01 1.34 3148.00 0.34 3148.00 5: ,222.00 4 COMMON 0 CAVATION CY 984 1 18.00 311 55,999.00 111 $3,158.01 492 38,85601 311,112.011 5 SLOPE SII1EINC1 SY 5400 1 2.50 1701 84,290,01 1500 13,150.01 3200 36000111 318,001.00 6 ROOT RAP SF 18810 1 30.00 0 11.08 0 10.00 181180 1506,400.00 350641 0.0( 7 VEGETATED 4 IPRAP LF 600 1 50.00 100 $5,000.0(1 500 1125,000.0 0 811.00 830,010108 8 VEGETATED REINFORCED SOLI SLOPE SF 8010 1 35.00 8000 12110.010.00 11 50.00 0 311.0(1 8281,000.00 9 LIVE WILLOW STAKES EA 310 1 3.50 900 511,150.00 1000 $9,600.01 200 1700.00 17,351.011 10 MNDOT SEED MIX 34- 2131 NATIVE RIPARIAN MIX LB 311 3 80.00 10 3800.00 ' 6 4901.01 10 3800.00 52,1011.011 11 CLASS V RIPRAP CY 10 3 200.(( 0 30.00 5 1 1,000.00 a 1'1,010.00 32,00 011 13 CLASS IV RIPRAE CY 101 3 110.0 0 30.01 100 111,0o.00 0 111.0 111,000.00 1: CLASS 111 RIPRAP CY 211 3 150.00 211 81,010.00 0 Lou 0 80.00 53,00.00 UI TEMPORARY FENCE LF 30117 1 2.I( 11(3 12.717.50 131 52,090.01 11411 12.870.01 37,717.50 11 SILT FENCE, TYPE MACHINE SL CEO LF 1921 3 3.10 283 3' ,015.20 12011 84,320.00 ' 89 81,780.40 51,095.60 10 FLOTATION S11 T CURTAIN TAPE MOVING WATER LF 90 3 22.00 30 8880.00 30 3880.00 30 3881.01 81,980.00 11 TEMPORARY ROCK CONSTRUCTION ENTRANCE LS 1 8 1,200.30 8',200.00 1 8'.200.00 1 31,200.00 11,60000 11 MULCH NATERW TYPE 1 TON 1 3 600.00 0.7 8420.00 0.6 1380.00 1.4 $840.00 1',820.00 11 TURF ESTABI ISHMEN1 AC ' S 1,000.00 0.311 8',050.00 0.30 1900.00 0.70 12.1011.01 841,050.00 20 LIVE FAOC 1 E9 LF 1010 $ 20.00 1.011 80.0 0.00 10.00 1000.00 120,000.01 320,000.00 21 ADDITIONAL STRUCTURAL TOE STABILIZATICIN LF 1500 $ 100.00 1000.00 $10,000.00 0.00 1(.00 504.91 150,000.00 5150,000.00 SUBTOTAL 1434,041 817,441 383(1,494 31,' 8' ,981 CONTINGENCY (19%) $85,' 01 8' 3,117 194.574 8172,798 SUBTOTAL 3198,154 8100,583 1725,099 11,324,789 INDIRECT CO91S (30%) 3149,7411 330,161 871' 7,521 8391,436 TOTAL STREAN0ANK RESTORATION 8641,000 8131,000 1143,001 11,723.000 A9PIPI10( 1 FEW IBII ITY-LEI IBI CO! T E! TIN ATO No. Rem DudAPtlon Units CITY um 111 PRUI2 / EM '1 Quantity SCII NIC CNERLCKIK Ani 1 CwtGtiontly Ansa 2 Ann Cwt FEN SIM STUD' FOR TMS. CROW RNIRIIANIIA 6IOMTION MAO" Q!1 OF SINIWATER WSII INOJECT NO 0111 4WD Ana I Ana 3 Total Doe Quantity Owl 1 SCENIC CIVE FII OOK EA 3 $ 35,000.00 1 531,000.00 2 370.0011.00 0 50.00 1105,000.00 CONTINGENCY (1511) 55,250 5' 0.500 50 115,750 SUBTOTAL 540,250 580,5011 50 1120,1150 INDIRECT CCISTS (30%) 513 ,070 5714;151 511 536,225 TOTAL SCI0INK OVERLOOKS $717,001 1116,000 511 1151 ,0011 GRAND TCI1AI I 57112,000 5130,000 $2421,0110 8, ,160,000 ARPENDIX C FEASIBILRI-LBVEI can ElT1MAl® .MA GNUSONLAWI FIRM LICENSED TN MrNNEsoii l AND WISCONSIN 7 H E GRANDI GP FAIRE 3:4 MAIN STRDET SCIUTH • SU M. #260 • S r11LLw/ r11r'R, MA 55082-I165 TELEveaNe: (651; 439-94(4 • FAC91M nn: (651; 439-:'641 vww.N1 Act, u9ar LAIlvilrRN.aa;�r DAVID T. MAGNUSION D1 MAIC I? lrSC1.r(nMAGNUS(INIIAWF1RN.COM ME MORANDUM TO: M ayon, C ounclil and Staff FROM: Davlid T, Magnuson, Stillwater City Alttlorne31 LIATH: September 119, 20111 RE: SouthVcrv`II C our try) Club Case I halve read it a legal briielf submitlled by one of the clwnelrs a long Moore i St. The latter questlor s our view of the Southview Country Cllub case. We disagree) with their view of that CIE so. The Sauthview ease hold s that if an assessment against a golf cc ursa is proposed, i1 must consider whether the value Els al ga]f ciaursle is inaneascc by the improvement. 5limilanly, we mentioned the law rclgardiir g :real (Isla tel vat uiaticln, that golf courses must to valued for real estate to d purposes as a golf Icourse and not auaondi.ng to a value basted upon emu eulc:ial, industrlaI or residential rledevelopirelnt Tictennia11. 1\ ei1he Ir ;I aiw prohibits golf course s from t e ing as se ssec . However, both laws do make ill clear that if a1 golf clouns el is to a11sseascld, it must be t aided upon the increiase in value as a golf clout set and roll as some alternate use. Thai is the legal test. Dc es the improvement) of Moorcl Street hrpllovel ill ci golf course as a golf cloursla? WEE n l hal ver' question was put Ile Ray Kirchrfc r, the appraiser the City has used in all least 9(I assessment appeals, many of I which went tcl trial, he gave ti is response: "The benefit (to the gotfIcclursc) in rely opinion, would tel miniutcl and unablla 11c1 be substantiated t any market ca to I'rrl aware cfl 1 would suggest that the Cily not pursue it." In surrmmary, the law ccicis permit E.sseissmants against gal course's. ';Ilia basis fir tHei staff's raciorrimendalion that thea goIflcoutise rict bei assessed fbr tha improvement of Moores St. is that ars assessmerd cannot be sustained t tical sa of a lack oflspeciial baneifit. RasHlactfully su.baited David F. uson Magn,luscin L : w Firm 324 Maif,S eet South, Suis el #1260 Stillwater, MN 55(I 2 Phona: 6.f.11 -439-9464 C c C Flhone: F 51-4S12• (ISIS17 Flaxi: 65 1 -439-`_164 ] The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING September 19, 2017 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of the September 5, 2017 regular and recessed meeting minutes. V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Woody McBride - Music in Lowell Park on Sundays in 2018 VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects that 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. VII. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Recreation Center Manager - Request for Funding for Architectural Services 7. Community Development Dir. 8. Public Works Dir. 9. Finance Director 10. City Attorney 11. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 12. Resolution 2017-171, directing payment of bills 13. Resolution 2017-172, resolution approving the addition of additional license premises acquired by LoLo American Kitchen LLC, DBA Lolo American Kitchen 14. Resolution 2017-173, approval of increase to railroad lease payment to St. Croix Boat & Packet 15. Resolution 2017-174, approving Exhibit a as it relates to Resolution 2013-057, Resolution Establishing Procedures relating to compliance with Reimbursement Bond Regulations under the Internal Revenue Code 16. Possible approval of Temporary Liquor License - Valley Chamber Chorale - December 8-10, 2017 17. Resolution 2017-175, approving Human Rights Commission By -Laws (Revised Date: April 26, 2017) 18. Resolution 2017-176, a resolution approving an outside sale & event permit for Stillwater Medical Group located at 1500 Curve Crest Boulevard 19. Resolution 2017-177, approving Minnesota Premises Permit for Lawful Gambling for Merrick, Inc., located at Tilted Tiki, 324 Main Street S, Suite 2, Stillwater, Minnesota 20. Possible approval of expenditure for the purchase of aerator and seeder 21. Resolution 2017-178, approval of Change Order #1 for the 2017 Street Improvement Project (Project 2017-02) IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 22. Case 2017-40. This is the date and time for a public hearing to consider a request by Stephen and Barbara Kochendorfer, property owners and Corner Stone Surveying Inc., applicant, for the consideration of Preliminary Plat, Final Plats, and a Zoning Map Amendment (ZAM) for the property located at 8080 Neal Ave N in the AP/RA district. PID 1903020440004. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 1, 2017 (2 Resolutions - 1st reading -Ordinance - Roll Call) 23. Case 2017-35. This is the date and time for a public hearing to consider an appeal request by Roger Tomten of Archnet, representing St. Croix Preservation Inc. The request is to reconsider a Variance to the Central Business District Height Overlay - Parkside District previously denied by the Planning Commission for the property located at 101 Water Street South located in the Central Business District. PID 28.030.20.41.0116. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 8, 2017 X. UNFINISHED BUSINESS XI. NEW BUSINESS 24. Possible approval of driveway waiver requirements for VRBO request, applicant Elizabeth Nelson at 300 Willow Street E 25. Possible adoption of resolutions declaring costs to be assessed and ordering preparation of assessment roll and calling for hearing for 2017 Street Improvement Project (Project 2017-02) (2 resolutions - Roll Call) XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS 26. Communication from neighbors on Moore Street - Stillwater County Club XIV. COUNCIL REQUEST ITEMS 27. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT illwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES September 5, 2017 REGULAR MEETING 3:30 P.M. Mayor Kozlowski called the meeting to order at 3:30 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Deputy Fire Chief Ballis Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison City Clerk Ward OTHER BUSINESS Budget Update City Administrator McCarty and Finance Director Harrison reviewed the proposed 2018 budget. Mr. McCarty presented information on staffing requests for 2018 and reviewed budget impact factors. Deputy Fire Chief Ballis explained the requested Firefighter/Engineer position. City Administrator McCarty presented the updated property tax levy numbers. The operating levy and debt service levy have been reduced since the budget workshop three weeks ago. He stated the overall tax levy as proposed is just under 2.25%. Finance Director Harrison reviewed the tax levy impacts on residential properties. Councilmembers Polehna and Weidner complimented City Administrator McCarty and City staff for the great job putting the budget together. Mayor Kozlowski stated he would like to consider a contribution to the Washington County Historical Society. Council consensus was to support a $5,000 donation. Discussion on Stillwater Country Club Assessments Public Works Director Sanders explained that residents are concerned that the golf course, whose property borders Moore Street, was not included in the assessment roll for the 2017 street improvement project. Although the assessment for the golf course would have been a little over $100,000, state law dictates that golf course property is not considered commercial for the purpose of real estate taxes. In addition, a supreme court case found that a golf course cannot be assessed based on its potential for future development. An appraiser's opinion was that the benefit to the golf course from this project would be minute and any assessment for the golf course would be difficult to justify. Staff recommends upholding an assessment of zero dollars to the golf course. City Council Meeting September 5, 2017 Mr. Sanders added that the residents' assessments would not be impacted regardless of whether the golf course were assessed. City Attorney Magnuson confirmed that court cases and the Minnesota Open Space Property tax law affirm the decision not to assess the golf course. Discussion on update of Chapter 30, Garbage & Trash City Clerk Ward led discussion of questions raised in the process of updating Chapter 30, Garbage and Rubbish in the Stillwater City Code, and to include recycling to be comparable to Washington County's Solid Waste Plan. The consensus of the Council on the specific questions: Does the City want mandatory recycling in the commercial areas (mandatory in residential areas)? — more information needed; Does the City want to license haulers? More information on licensing process from other cities; and should owners of rental property be required to put garbage bills in their name rather than the renter's name — Council felt that this should occur. City Clerk Ward thanked the Council and will bring more information back to the Council at a future date. STAFF REPORTS City Administrator McCarty informed the Council of recent articles mentioning Stillwater that were in People Magazine and Twin Cities Business Magazine. He reminded the Council of the City board and commission picnic September 7. Mayor Kozlowski recessed the meeting at 5:12 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:07 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison City Clerk Ward PLEDGE OF ALLEGIANCE Vice Mayor Polehna led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of August 15, 2017 special and regular meeting minutes Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve the August 15, 2017 special and regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS There were no petitions, individuals, delegations or commendations. Page 2 of 11 City Council Meeting September 5, 2017 OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2017-155, Directing the Payment of Bills Resolution 2017-156, approving the 2017 Health Insurance Plan Design Changes for City Council Members Resolution 2017-157, approving 2017-2018 General Wage Adjustment for Nonrepresented Employees Resolution 2017-158, approving the 2017 Retainer Adjustment for the City Attorney Resolution 2017-159, amending City of Stillwater Personnel Policy Resolution 2017-160, acceptance of the Certified Local Government Grant Acceptance Form from the Minnesota Historical Society Resolution 2017-161, resolution Designating 2018 Polling Locations within the City of Stillwater, Minnesota Resolution 2017-162, appointing member to Human Rights Commission Possible approval of garbage waiver requests Possible selection of members for Comp Plan Advisory Committee Mayor Kozlowski asked to pull the possible selection of members for Comp Plan Advisory Committee, for an overview of the process and candidates. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt the Consent Agenda as amended. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Possible selection of members for Comp Plan Advisory Committee Community Development Director Turnblad informed the Council that 54 candidates expressed interest in serving on the Comprehensive Plan Advisory Committee. The Council determined on August 15 that the number of seats should be about 18. He presented the list of recommended candidates and alternates. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to appoint the staff - recommended members to the Comprehensive Plan Advisory Committee. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None PUBLIC HEARINGS Case No. 2017-31 A public hearing to consider a Zoning Text Amendment (ZAT) to allow for Rooming Houses in the Business Park — Industrial District. Colin Faulkner of The Heights MN, applicant. Community Development Director Turnblad reviewed the request. Colin Faulkner of The Heights has applied for a Zoning Text Amendment (ZAT) to allow for Rooming Houses to be permitted by Special Use Permit in the BP — I, Business Park Industrial zoning district. If the Zoning Text Page 3 of 11 City Council Meeting September 5, 2017 Amendment were approved, the applicant would apply for a Special Use Permit for a residential group home at 1835 Northwestern Avenue. The Planning Commission recommended denial of the ZAT. Staff finds that the preservation of industrial -zoned properties for industrial use is in the public interest, and that allowing for Rooming Houses in the BP — I, Industrial Zoning District would risk the loss of industrial lands. Staff further finds the proposed zoning text amendment is not in general conformance with the principles, policies, and land use designations set forth in the Comprehensive Plan, and recommends denial. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to deny Case No. 2017-31, application for a Zoning Text Amendment (ZAT) to allow for Rooming Houses in the Business Park - Industrial District. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Case No 2017-14 A public hearing to consider a request from Fairway Development, LLC, for a Preliminary Plat to allow for the creation of eight new single-family residential lots at 1902 William Street North in the RB — Two Family District. Community Development Director Turnblad explained that Sterling Black of Fairway Development, LLC requests approval of the July 12, 2017 version of the Preliminary Plat known as Hazel Place. The applicant plans to develop 7.19 acres of land at 1902 William Street North, currently a vacant property located at the end of Hazel Street. A total of 5.90 acres are located outside of the Brown's Creek buffer area and, therefore, considered developable. The base zoning for the property is RB, Two -Family Residential. A total of 8 single family lots are proposed. All lots would access Hazel Street via a single cul-de-sac road proposed to be named Fairway Court. Lots range in size from 16,890 square feet to 50,048 square feet. A small portion of the site is encumbered by the Brown's Creek Stream Shoreland Management Overlay District (referred to as the "Stream Overlay District"). However, the Stream Overlay District only applies to the northern steep slopes. This area is proposed to be platted as an Outlot (A); an additional Outlot (B) is proposed for storm drainage purposes. The developer proposes to deed both outlots to either the City of Stillwater or Brown's Creek Watershed District. At the Planning Commission hearing, the applicant's representative, David Hempel of Westwood Professional Services, requested the City's consideration of deferment of the individual lot landscaping requirements, and payment of "North Hill Project" fees at the time of building permit submittal for each new home. He additionally noted the applicant would like to defer the rezoning. Five members of the public expressed concerns about the potential need for retaining walls, the redesign of the intersection between Hazel Court and Fairway Court, as well as their desire to rezone the property prior to Final Plat, ensuring that only single family residential would be constructed on these new lots. In a 3-1 vote, the Commission recommended conditional approval of Hazel Place. Mr. Turnblad explained the recommended conditions of approval. He stated that the Parks and Recreation Commission reviewed the request and accepted the proposal of a fee -in -lieu of dedicated parkland and trails. Staff recommends approval of the 8 -lot subdivision with 16 conditions. He added that the conditions in the City Council resolution differ from those recommended by the Planning Commission in the following ways: 1) Condition 6 is amended to require approval of rezoning prior to issuance of any building permits for the project. 2) Condition 12 is amended by adding Page 4 of 11 City Council Meeting September 5, 2017 language that withholds release of development escrow or letter of credit until all required trees are planted. 3) Condition 14 is amended by adding language that the timing for payment of the sewer and water fees will be specified in the Development Agreement. 4) Condition 16 is new. It states that there will be no street lights or development monument sign. Mayor Kozlowski opened the public hearing. Jim Purcell, 2001 Hazel Court, stated he and his neighbors have been fighting development of this land for 10 years. He stated that in January, the developer stated they would be comfortable developing seven units if the City would grant a variance, but now they request eight units. Neighbors fear that there will be future increases in density or that Mr. Black may sell the property to another developer. Thus they are asking that it be rezoned to a more conservative density that is in keeping with the neighborhood. Brian Larson, 2008 Hazel Court, concurred with Mr. Purcell. He asked that the land be rezoned back to RA. He would not like to leave a loophole so a developer could add more sites or use the existing zoning to build duplexes. Ken Harycki, 2004 Hazel Court, stated he is generally in favor of the project. He feels the developer should stick with seven units and that immediately rezoning it to RA from RB would lock that in. He added that the developer has made welcome concessions in eliminating street lights and signage. Pat Lockyear, 2001 Hazel Court, expressed concern about the developer's request to remove some of the recommended conditions. Regarding access to Outlot A, the hill is very steep, so accessing it would be very difficult from Brown's Creek Trail. Mayor Kozlowski closed the public hearing. Community Development Director Turnblad confirmed that the concept presented in January showed seven lots. Staff is recommending approval with eight lots as it concurs with the existing pattern of development. Councilmember Weidner pointed out it is a unique area with an active, vocal group of neighbors. He feels seven lots is more in line with the character of the neighborhood. Mr. Turnblad stated that if the development is limited to seven lots, some of the conditions would no longer apply. Councilmember Menikheim remarked the City has an obligation to provide housing for people who want to live in Stillwater. He is not sure whether seven lots would be better than eight. Motion by Councilmember Junker, seconded by Councilmember Weidner, to approve Resolution 2017-163, a resolution approving the preliminary plat for Hazel Place, Case No. 2017-14, with seven lots, with the following modifications to the recommended conditions: remove Condition 5; adjust Condition 13 to calculate park and trail dedication fees for seven lots rather than eight lots; remove Condition 16. Ayes: Mayor Kozlowski, Councilmembers Junker, Weidner and Polehna Nays: Councilmember Menikheim UNFINISHED BUSINESS There was no unfinished business. Page 5 of 11 City Council Meeting September 5, 2017 NEW BUSINESS Consideration of the Concept Master Plan for the new Lakeview Hospital Campus Community Development Director Turnblad stated that Lakeview Memorial Hospital Association has a purchase agreement for the 68+ acre site at the northeast quadrant of the Highway 36/Manning Avenue intersection. The property is planned to be the new campus for Lakeview Memorial Hospital and other related health care facilities. Prior to closing on the property purchase, the hospital is pro -actively seeking community comments on their Preliminary Concept Master Plan. The effort to engage the community included three neighborhood meetings and a public discussion at the Planning Commission meeting on August 23, 2017. Mr. Turnblad provided an overview of the concept, how it fits with the Comprehensive Plan, and summarized comments received at the community meetings. Ted Wegleitner, CEO of Lakeview Memorial Hospital, summarized key planning issues. He stated in addition to the hospital campus, there will be health/wellness, fitness, community commercial, common park and trail connections, among other uses. He outlined reasons why the site is ideal for the needed growth of the hospital. Mr. Wegleitner identified the concerns expressed at the neighborhood meetings: • traffic level on 62nd • traffic lights at 62nd and Manning • location of Curve Crest extension and relation to 62nd • Highway 36 interchange • height of the hospital building and buffering from the neighborhood • development of the western 14 acres. He added that there is not yet a plan for what to do with the current hospital campus. Stillwater Medical Group will remain on the existing Curve Crest campus. David Anderson, Frauenshuh, explained that the development will be phased over time. He reviewed proposed complementary development uses for the western 14-20 acres. He stated that developers will work with the City to develop a zoning framework and to determine the configuration of the Highway 36 interchange and the extension of Curve Crest Boulevard. Tim Sessions, BWBR Architects, further explained the topography of the site. There is a natural bowl where the hospital will be, reducing the appearance of the height. Architects are considering five stories: three bed floors, a main hospital floor, and a service floor tucked underground. He added that 80% of the campus will be dedicated to the hospital and other medical components. Planners would like to keep the frontage road as close to Highway 36 as possible in order to create a more passive environment, with 30 mph roads coming into it. They would like a low grade connection, not a high speed roadway coming through. They are aware that neighbors do not want to see a road going through their neighborhood. Mayor Kozlowski asked if the City has designated where Curve Crest Boulevard will cross the site. Community Development Director Turnblad replied that in 1998, SRF did a study that showed three options for touchdown points on 62nd Street. The Council accepted the study, but did not select an option. Page 6 of 11 City Council Meeting September 5, 2017 Councilmembers agreed they like the general concept plan, and acknowledged the difficulties of determining appropriate road configurations and encouraged more dialogue with Washington County. Possible approval of development agreement for TIF District #12 Community Development Director Turnblad provided the proposed development agreement for TIF District #12, the Crosby Hotel. He summarized changes since the Council last saw it. The developer now proposes to purchase the City lot at its assessed value of $82,800. The developer would build and own both levels of the parking facility (one deck and one surface level). The upper level will be designated as public parking. The City would pay out under $982,800 in tax increment financing (TIF) that would be pay-as-you-go, generated by site improvements, not up- front. The payout length would depend on the value of the building when completed but is likely to be less than six years. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2017- 164, approval of Contract for Private Redevelopment between the City of Stillwater and Midnight Real Estate, LLC. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Possible approval of development agreement for TIF District #13 Community Development Director Turnblad stated that TIF District #13 was created for the Water Street Inn expansion project. The proposal has changed in that the developer would receive pay-as-you-go TIF, not the up -front TIF that was previously proposed. Another difference is that both petitions for property tax appeals have been dropped. The amount of TIF is $1.37 million paid back from additional taxes generated. The proposed agreement conforms to City policies, state law, and the developer finds its terms acceptable. He added that earlier this year, soil studies convinced the developer and property owner that the basement isn't useable, so they came back to the City asking to put additional uses immediately adjacent to the rooftop restaurant, which would require a height variance. The Planning Commission, a decision that is anticipated to be appealed, so the height is still somewhat unresolved, denied the variance. Councilmember Polehna asked why the development agreement is before the Council if plans are not approved. Mr. Turnblad replied that the plan of record is the one associated with the Special Use Permit. If the appeal were not upheld, they would have to build according to the SUP that was issued. Councilmember Weidner asked if the proposed enclosed rooftop bar was planned out of necessity from not being able to use the basement, or if it is an expansion of the use that was proposed. Chuck Dougherty, property owner, stated he has appealed the Planning Commission denial of the variance. Because of learning that the basement would not be useable, they needed to add some storage space on other floors and hence needed to add bathrooms to serve the people on the rooftop. He added that the bar was always proposed to be enclosed. They will ultimately build according to what is approved. Mayor Kozlowski asked what is the taxable anticipated value after the project. Mr. Dougherty responded about $6.7 million. Page 7 of 11 City Council Meeting September 5, 2017 City Attorney Magnuson added that the estimate is for 14 years of pay-as-you-go TIF. The hotel currently has an assessed value of $2,459,000. Councilmember Weidner asked Mr. Dougherty to explain the history of the first TIF when the hotel originally expanded many years ago. Mr. Dougherty replied that most of the TIF went back to the City to cover the cost of the property. Mr. Magnuson added that the City paid $1.2 million for the property and sold it for $650,000, so the first $800,000 increment of value came to the City to make up the difference between what the City paid for it and what it sold for. It didn't generate any increment for the developer for quite a few years. The district was sun-setted in 2012 after 16 years. Councilmember Weidner pointed out that considering the first 16 years of TIF and the current request, the developer is talking about a total of 30 years of TIF. Mr. Dougherty countered that the base value is now $2.4 million. He reminded the Council that in 1996, the City was looking for a developer to put a hotel on that property, so the City offered a package and issued a request for proposals. His proposal was accepted. Councilmember Weidner commented that he sees history repeating itself with a lot of moving parts. His biggest concern is that the plans are still changing and he does not know how much they will continue to change in the future. Mr. Dougherty remarked that changes to the original plans in 1995 were made because of the economy and the fact that it cost more to do the building than originally thought. All the changes were approved by the City. Now that architects have learned about the basement issues, there will be no changes to the plan other than the requested rooftop height variance. Mr. Magnuson told the Council that the final design permit and final plans must be approved by December 31, 2017. The construction financing package must be put together in that time. If those things are not done by December 31 then the development agreement is void. Any substantial changes to the plans must be approved by the City Council. If the redeveloper makes changes to the construction plans without City approval, one of remedies in the event of default is to suspend the City's performance on the agreement or terminate the agreement. Therefore, if plans change without approval, it could be the end of the increment. Mr. Dougherty stated they would be spending about $470,000 on the existing structure, tuckpointing, repairing brickwork, and accessibility. These items could start before the addition starts. He would like to open the addition by June 2018. He has a contractor, and TIF Bank is doing financing, along with the SBA. Motion by Councilmember Junker, seconded by Mayor Kozlowski, to adopt Resolution 2017-165, approval of Contract for Private Redevelopment between the City of Stillwater and St. Croix Preservation Co., Inc. Councilmember Weidner remarked that he does not feel that the City taxpayers should bankroll this project. Councilmember Menikheim expressed concern with the loose ends. He would like the developer to update the Council on a regular basis. Mayor Kozlowski reiterated that no increment would be paid until the improvements are done and the additional tax dollars are coming in, and to him, that seems like enough assurance. Page 8 of 11 City Council Meeting September 5, 2017 Councilmember Weidner asked, if value of the completed project remains under $6 million, will the project receive any benefit? City Attorney Magnuson explained that the assessor will make a final review of the plans, and the estimated value goes into the assessment agreement, which must be signed by the developer prior to December 31, 2017. Therefore, even if the project is only worth $4 million, it will be taxed at $6.1 million. Councilmember Junker remarked that the City is already getting 100% tax value on the $2.4 million existing hotel. If the project does not proceed, the City could end up relying on a big investor to come in with his or her own money to complete it. Here is a local entrepreneur. The project has gone literally from hardly any tax income to $6 million. Councilmember Weidner stated the difference is that the developer is using taxpayers' money to do the project. He does not find this to be a blighted property. He feels tax money should not be funding this private development. Ayes: Mayor Kozlowski, Councilmembers Menikheim ("a qualified yes"), Junker Nays: Councilmembers Weidner and Polehna Consideration of Planning Commission recommendation regarding a transfer of the Special Use Permit (SUP) for the Aurora Staples Inn Community Development Director Turnblad stated that Rachelle Davila, applicant, has requested a transfer of the Aurora Staples Bed and Breakfast Special Use Permit, located at 303 4th Street North. The applicant states operations will remain the same. The Planning Commission and staff recommend approval with 12 conditions. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2017-166, a resolution amending a Special Use Permit for a Bed and Breakfast at 303 Fourth Street North, Case No. 2017-29. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Discussion on Main Street Stairs City Administrator McCarty stated that in the process of deconstruction and remodeling of the hotel, it was discovered that the old wall of the structure, which abuts the stair casing, had disintegrated. Options are being identified to resolve the immediate need to stabilize the wall structure. The hotel developers have their design and construction people on site and will submit plans for City staff and possibly Council review. Curve Crest Villa TIF Note Mandatory Tender and Rate Reset City Attorney Magnuson explained the need to reset the interest rate. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2017-167, resolution re -setting the interest rate of two taxable Tax Increment Revenue Notes (Curve Crest Villa Limited Partnership Project), Series 2002, in the original aggregate principal amount of $445,000 each. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Page 9 of 11 City Council Meeting September 5, 2017 Possible adoption of resolutions: a) adopting the proposed tax levy for the payable year 2018; b) adopting the proposed budget for the year 2018; and c) setting payable 2018 Truth -in -Taxation meeting date Finance Director Harrison explained the resolutions and that they reflect the changes discussed at the 4:30 budget meeting. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2017-168, adopting the proposed tax levy for the payable year 2018. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2017- 169, adopting the proposed budget appropriations for the year 2018. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Motion by Councilmember Junker, seconded by Mayor Kozlowski, to adopt Resolution 2017-170, setting payable 2018 Truth -in -Taxation Public Meeting. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Possible approval of contract for Comprehensive Plan Consultant Community Development Director Turnblad informed the Council that RFPs were sent to six to eight planning consulting firms in the greater metro area but only one proposal was received. Staff will bring back the contract for this proposal at the next meeting. COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS Councilmembers Polehna and Weidner thanked staff for coming up with a strong budget and working together for the community. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn the meeting at 9:44 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Ted Kozlowski, Mayor Page 10 of 11 City Council Meeting September 5, 2017 Resolution 2017-155, directing the payment of bills Resolution 2017-156, approving the 2017 Health Insurance Plan Design Changes for City Council Members Resolution 2017-157, approving 2017-2018 General Wage Adjustment for Nonrepresented Employees Resolution 2017-158, approving the 2017 Retainer Adjustment for the City Attorney Resolution 2017-159, amending City of Stillwater Personnel Policy Resolution 2017-160, acceptance of the Certified Local Government Grant Acceptance Form from the Minnesota Historical Society Resolution 2017-161, resolution Designating 2018 Polling Locations within the City of Stillwater, Minnesota Resolution 2017-162, appointing member to Human Rights Commission Resolution 2017-163, a resolution approving the preliminary plat for Hazel Place, Case No. 2017-14 Resolution 2017-164, approval of Contract for Private Redevelopment between the City of Stillwater and Midnight Real Estate, LLC Resolution 2017-165, approval of Contract for Private Redevelopment between the City of Stillwater and St. Croix Preservation Co., Inc. Resolution 2017-166, a resolution amending a Special Use Permit for a Bed and Breakfast at 303 Fourth Street North, Case No. 2017-29 Resolution 2017-167, resolution re -setting the interest rate of two taxable Tax Increment Revenue Notes (Curve Crest Villa Limited Partnership Project), Series 2002, in the original aggregate principal amount of $445,000 each Resolution 2017-168, adopting the proposed tax levy for the payable year 2018 Resolution 2017-169, adopting the proposed budget appropriations for the year 2018 Resolution 2017-170, setting payable 2018 Truth -in -Taxation Public Meeting Page 11 of 11 Administration � Date: September 14, 2017 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Music in Lowell Park - Sundays in 2018 Mr. Woody McBride will present information on a proposed event for Lowell Park to be held on Sundays in 2018. It is before Council for concept approval only, as this event will require an event application with a contract as it meets the contract threshold in the City's Event Policy. The Parks Commission has reviewed this event and approved the concept. ACTION REQUIRED: Review the information and dates requested, and if Council approves Mr. McBride's concept of the event they should pass a motion on the concept presented at this time. Staff will bring the application and contract for Council approval at a future meeting. THE BIRiHPfACE OF MINNESOTA Memo To: Parks and Recreation Commission From: Tim Moore, Public Works Superintendent Date: August 17, 2017 Re: Music in the Park BACKGROUND At the July 20, 2017 Parks and Recreation Commission meeting the commission was in favor of Music in the Park but requested a schedule of dates for 2018. Attached is the proposed schedule submitted by Woodie McBride. Woodie will be at the meeting for questions and comments. Recommendation The Parks and Recreation Commission should review and discuss this event and make a recommendation to city council. Beth Wolf From: Woody McBride <mcbridewoody@aol.com> Sent: Thursday, August 10, 2017 12:38 PM To: Beth Wolf; Tim Moore Subject: 2018 Dates for Music on The River at Lowell Park Hi Beth and Tim- the park's commission asked me to forward a list of the 2018 Dates I am interested to host Music on The River at Lowell Park. I have not included any September dates at this time - however, depending on fund raising for this first year I may ask the commission to consider some additional dates. Could you let me know when the next meeting is that you would like me to attend? Also, could we discuss working together to write a grant for programming at the series? I was advised by Art Reach that we could be eligible for some support to help launch the series and possibly buy some sun shades for the stage for use during the concerts. Dates: June 3 June 10 June 17 June 24 July 1 July 8 July 15 July 22 - no show - Lumberjack Days July 29 August 5 August 12 August 19 August 26 Thank you, Woody McBride, Genius of Fun Events 1 Proposal to: City & Residents of Stillwater, MN From: Woody McBride, Owner and operator of Genius Of Fun Event Production located in St Croix Falls, WI & the Twin Cities. mcbridewoody@aol.com • 612-385-4598 • Geniusoffun.com What? A 2018 Stillwater Music In The Park Series. Fresh & Modern Family -Friendly Summer Concerts featuring top notch talent & production with a relaxed Rivertown style. Where? Lowell Park Plaza in downtown Stillwater, MN. When? Lets pick the best time for the event together. Option 1 • Sundays Noon to 4 pm • June thru Aug or Sept Option 2 • Saturdays 3 to 6 pm • June thru Aug or Sept Option 3 • Open for discussion for Saturday or Sunday Our company brings great family friendly music, entertainment and kids activities to the St Croix Valley and the Twin Cities. Currently we are producing 3 highly successful area summer concert series and this tells us that we can bring the same top level family fun, entertainment & concerts to Stillwater, MN. Genius Of Fun Event Production Company is a self-contained full-service event management and event service provider., keeping production costs low by doing the work ourselves. We personally coordinate expectations with The City, local businesses and community groups. We book the bands, the local food vendors, we feature a great sound sytem and we are tasteful fund raisers. Concerts in the park is our business. Our customer service is excellent and we have been doing high quality family fun for over 20 years at events such as: 1 - Music On The Overlook in St Croix FaIIs,WI • for more info visit musicontheoverlook.com 2 - Music at Franconia Sculpture Park near) Taylors Falls, MN • for more info visit franconia.org/events 3 - Music at Arts in the Park in Forest Lake, MN 4 - Twin Cities Burger Battle at Harriet Island St Paul, Brunch-a- palooza at Upper Landing Park in St Paul, St Paul Oktoberfest at The Historic Schmidt Brewery and countless events at the legendary First Avenue Club & Concert Venue in Minneapolis. What will it sound like? Imagine Prairie Home Companion meets Music at the Minnesota Zoo • a wide range of great family friendly music for all walks of life and all generations. How are we funded? With a balance of private donations, local sponsorships, public partnerships, grants & vendor fees. The first steps after agreeing to move forward is to get the community involved: working with local businesses, sponsors, performers, vendors, civic groups & local favorite bands. Area businesses get great advertising and they enjoy the fun. A List of artists we work with being considered for 2018: • The Cactus Blossoms - American Roots & Americana • Rex Cactus - Classic Country & Western Music • The Funktion Junction - 1970's Disco, Funk & Soul • Tim Patrick's #1 Blue Eyes Frank Sinatra Tribute • Jorgensen Tagg Band - Local Rhythm & Blues Hero • Innocent Reggae & Island Music of The Twin Cities • Roe Family Singers - Midwest's #1 Bluegrass band • Lesmeister Jazz Combination - Classic Jazz Standards • USA's #1 Tribute bands to legends such as Elvis, The Rolling Stones, Tom Petty, Fleetwood Mac & more! • Thea Ennen & Dave Javu - Area folk and Americana • Them Coulee Boys - Hot knee slappin folk & bluegrass • The Bavairian Musikmeisters and Alpensterne Polka • Mark Stillman & Friends - French & Italian Cafe Music • St Croix Jazz Orchestra Ensemble - A local favorite • Mu Daiko • A Japanese Cultural Drum Troupe • Kids & Family A full afternoon of fun programs • Hurricane Harold, Jeff Ray & Doug Otto - Classic Blues • AI Sebola & The Bad Companions - 1950's Happy Days • Quartetto Rosa - Excellent Latin Jazz & Samba • Live Professional Theatre • Shakespeare in the Park • Davina & The Vagabonds • Vintage and Neo -Soul • Hitchville • Modern and boot shakin' country music Event Layout Plan A = Artist/Staff parking (6 spots in Lot 9) B = band on stage with sound system C =attendees with lawn chairs, picnics etc D = hotdog/soft drink cart E = sponsors/vendors 10 x 10 tents x 8 Examples of the identity of our other summer concert series' KIDS & FAMILY NIGHT 0 le FRANW. SIINJTR MUTE TIM PATRICK BBH & BL Music@ franconia.org B/24 eweyraSS 7/22 glues & Baal eae SoegarIters —I, aye ' 5l /2 D LSCF SATURDAYS @ 3CP IBRAR tz 0"T POP & JAZZ #ii/IS TRIBUTE STEVE MARCID EEL POUT STRINGERS INNOCENT REGGAE r^ P T HOULI SHAKESPEARE LIVE THEATRE GARTH BROOKS USAS #1 TRIBUTE WANNIGAN.. 'AYS. in St Croix Falls and Forest Lake EVERYDAY(����rP '�� LING4STONES I•LIN DICE -nA HAI • PEOPLE • BLUJE0AlgS;R FAMILY CSE MUSIC ON THE OVERLOOK 2017 Free Friday Summer Concerts 6:30 pm Historic & Scenic downtown St Croix Falls, WI June 2 • Season Opener • The Rex Cactus Radio Show June 9 • USA's #1 Tribute to Garth Brooks & More June 10 • Wannigan Days • Everyday People & More June 16 • BBQ & Blues • The Ride Band of Minneapolis June 23 • Shakespeare Live • Cromulent Theatre "Henry V" June 30 • Vegas Style Frank Sinatra Tribute by Tim Patrick July 7 • New York City Jazz, Vocalists & Swing: SHOOP! 7„& July 14 • Annual Kids & Family Night of Fun & Games! Woom July 21 • Reggae & Island Music with Innocent Band Eis July 22 • MOTO goes to Dalles House • Brew -Ha -Luau July 28 • MOTO goes to The Polk County Fair • Join us! Aug 4 • USA's #i Tribute to Elvis Presley Steve Marcio ..„„ Aug 11 • Bluegrass Night with The Roe Family Singers a Ee Aug 18 • Folk Muisc Night • Patchouli & The Houdeks Aug 25 • The Rolling Stones Tribute • Tomblin' Dice Aug 26 • MOTO goes to SCF RibFest • Jorgensen Tagg a s. New! Sept 3 Sunday Noon St Croix Jazz Orchestra„ September 23 • MOTO to Franconia Sculpture Park New! Sept 24 Sunday Noon The Eelpout Stringers IN Central `Insurance RRi GUYS Bring a lawnchair • Rain outs go to Dalles House MMidWestOne Bank. R22«Enny ��ST.CROIX `aREGpONA a EAGLE VALLEY BANK The 7/7 777/0 ULT. 8 Fnemis FUN Troll Edina Realty BLOCK ROYAL CREDIT UNION The Copy Shop musicontheoverlook.com ir4oi>aee', ffiRm4uer, Forest Lake Parks & Rec with Genius of Fun Events & Talent II iiDiiL hAKESID 017 RK PAVILION • 10 YEARS EXPERIENCE HOSTING NEW TALENTS • • GREAT MUSIC & EMCEES • A GREAT SOUND SYSTEM • LL L:LLLL LL L+L`.L\L LILL L,LL.e • PROFESSIONAL FAMILY FUN WITH PROVEN RESULTS • CONFIRMED SCHEDULE • PRICE NEGOTIATED * = Community Favorites (5) * * = Fresh New Artists (6) *JUNE 6 AITP Kick-off Night: Jorgensen Tagg Band - Classic Soul & Rock n Roll **JUNE 13 • Blues Night with Hurricane Harold & Jeff Ray **JUNE 20 • Kids Night #1: MN DNR program, Dance Tech Studio & "Be Kind & Be Positive!" **JUNE 27 • Country Music Night: Rex Cactus Band **JULY 11 • Jazz Night w/ The Lesmeister Jazz Combo *JULY 18 • Elvis Night **JULY 25 • Rockin' Tribute to The Rolling Stones *AUG 1 • 1970's Disco Funk with Funktion Junktion *AUG 8 • Bluegrass with The Roe Family Singers *AUG 15 •Kids Night #2: Kid Power w/ Rachel Magic Norm The RC Cloggers & The Dance Factory **Aug 22 • Latin & Salsa Music with The Tropical Zone Orchestra FR NCERTS 6 PM TUESDAYS JUNE - AUGUST SUMMER MUSIC 2018 LOWELL PARK 1 SPONSOR A BAND & GET GREAT ADVERTISING AND HAVE SOME FAMILY FUN WITH US! AND HAVE SOME FAMILY FUN WITH e • ay Summ - e Lowell Park • Downtown Stillwater J • ust a • Sponsorship Opportunities & Levels 12 Concerts on the Waterfront • Fun Popula Bands & Styles • Family Friendly Audience (1) Presenting Concert Series Sponsor $5,000 (2) Co -presenting Concert Series Sponsors • $2500 ° (3) Individual Highlight Event Sponsors • $1000 (9) Individual Event Sponsors • $500 (12) Supporting Event Co -Sponsors • $250 (12) Community & Citizen Level Sponsors • $100 Benifits include: Sponsor a band of your choice, Onsite marketing • Direct mail out of the schedule listing sponsors • Facebook & web promotions ti1 I\vaier Administration Date: September 11, 2017 TO: Mayor and Council FROM: Doug Brady St. Croix Valley Recreation Center Manager SUBJECT: Request for Proposals Funding for Architectural Services Council may be aware, in 2018, it is planned to upgrade and provide additional space to the Recreation Center. The items to be included in the construction plans and specifications include locker rooms for the high school teams, storage, an area for equipment maintenance, upgrade of lighting, painting, meeting space and adding an IT server room and office. It is proposed that the project will be paid out of the center's fund balance. It is also proposed to replace the Dome in 2019 with bonding proceeds. Architectural and design services will be required for both projects and the estimated costs for the architectural services would be $75,000 - $100,000. Staff requests that the architectural services for construction plans and specifications be paid for out of the St. Croix Valley Recreation Center's fund balance prior to 2018 in order for the bidding process to take place in early January to obtain competitive bids. The Request for Proposals for architectural services will be sent out on Wednesday, September 20. The recommendation for those services and contract will be presented to Council at their October 17 meeting. ACTION REQUIRED: If Council approves of the request to use St. Croix Valley Recreation Center's fund balance for architectural services, they should pass a motion adopt a resolution entitled "Authorizing the use of St. Croix Valley Recreation Center reserve funds for architectural services". AUTHORIZING THE USE OF ST. CROIX VALLEY RECREATION CENTER RESERVE FUNDS FOR ARCHITECTURAL SERVICES WHEREAS, in 2018, it is proposed to upgrade and provide additional space to the St. Croix Valley Recreation Center; and WHEREAS, in 2019 it is proposed to upgrade the Dome portion of the St. Croix Valley Recreation Center; and WHEREAS, the funds for the 2018 projects are included in the fund reserves in 2018; and WHEREAS, the Request for Proposal for architectural services is prepared; and WHEREAS, staff requested the use of some of the 2018 fund reserves for architectural services at Council's regular meeting held on September 19, 2017, to allow for the timely preparation of plans and specifications for the projects to be bid in early January 2018. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that use of the St. Croix Valley Recreation Center reserve fund for architectural services for the 2018 and 2019 St. Croix Recreation Center projects is hereby approved. Adopted by the Stillwater City Council this 21St day of February, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2017-171 Page 1 LIST OF BILLS Accela Inc Ace Hardware Action Rental Inc. Advance Auto Parts Armor Security Inc. Aspen Mills Astleford International Best Buy Business Advantage Braun Intertec Corporation Bryan Rock Products Inc. Burks Tree and Landscape Care Business Data Record Services Campion Barrow & Associates Cates Fine Homes LLC Century Link Clog Un-Boggler Inc. Cole Papers Comcast CoStar Realty Information Inc County Materials Corporation Cub Foods Downtown Idea Exchange ECM Publishers Emergency Automotive Enterprise FM Trust Esch Construction Supply Fastenal Company FleetPride Force America Fury Stillwater G & K Services Gopher State One Call Inc. Greater Stillwater Chamber of Commerce Henricksen PSG Holiday Companies Jefferson Fire and Safety Inc. Kirvida Fire Inc. League of MN Cities Ins Tr Lennar of Minnesota Loffler Companies Madden Galanter Hansen LLP Mansfield Oil Company Maxwell James G Menards Metropolitan Council Monthly UB web payments Supplies Concrete & mixing trailer Supplies Quarterly Monitoring Service Uniforms Supplies Full motion TV Police Project Supplies Tree Care Records retention MN Public Safety - Fire Services Grading Escrow Refund Telephone Main pipe block Janitorial supplies Internet & Voice Property professional Concrete brick Commission Picnic Subscription Downtown Idea Exchange Publications Equipment repair supplies Lease vehicles Supplies Supplies Shop supplies Equipment repair Vehicle service Mats & uniforms Locates Seminar Police Project Vehicle washes Airgas cylinder Vehicle repairs Quarterly Municipality & Workers Comp Ins Grading Escrow Refunds Phone & vmail upgrades Labor Relations Services Fuel City vehicle vs. car Supplies Wastewater Charge 442.85 258.25 420.00 66.22 84.00 1,831.04 17.11 210.67 542.75 28.88 1,521.00 93.90 415.00 1,500.00 254.45 200.00 2,236.10 302.55 360.61 894.80 59.75 236.50 361.13 111.36 2,718.58 359.95 460.42 28.56 884.98 41.49 972.00 418.50 60.00 1,618.00 345.00 136.95 596.80 135,866.00 12,000.00 14,031.24 933.98 3,278.81 1,041.96 322.29 142,290.96 EXHIBIT "A" TO RESOLUTION #2017-171 MN Chiefs of Police Assoc. MN Dept of Labor and Industry MN Fall Maintenance Expo Modern Heating & Air Motorola Solutions Inc. MP Nexlevel LLC MTI Distributing MWOA Metro North Shore Compressor Office Depot Olsen Chain & Cable Inc. Olson -Williams Erik OnSite Sanitation O'Reilly Auto Parts Otis Elevator Company Performance Plus LLC Pro -Tec Design Roettger Welding Inc. Safe Fast Inc SHI International Corp Simplifile LC St. Croix Boat and Packet Co. Supan Enterprises Inc SW/WC Service Cooperatives T.A. Schifsky and Sons Thomson Reuters Toll Gas and Welding Supply US Bank Valley Trophy Inc. Verizon Wireless Voyant Communications Wenck Construction Woodchuck Tree Care LLC Zee Medical Service REC CENTER 4Front LLC Ace Hardware Al's Coffee Company Century Link Coca-Cola Distribution G & K Services Holiday Credit Office J.H. Larson Company R&R Specialties Inc. Riedell Shoes Inc. Permits Boiler License MN Fall Expo City hall cooling repair Batteries Locates Wheel Section Meeting Equipment repair supplies Office supplies Poly sling Reimburse for conference expenses Restroom rental Equipment repair supplies Elevator maint Drug screen Equipment Equipment repair Paint Microsoft licensing Recording fees Dock Space Lease Grading Escrow Refund AP COBRA & Retiree Health Ins Aggregate Information Charges Cylinders Paying agent fees Name plate Police Mobile Broadband Phone Police Project Haul logs to the dump First aid supplies Graphics Supplies Hot beverage concession supplies Telephone Beverages for concessions Mats Fuel Supplies Blade sharpening Skates Page 2 109.90 30.00 225.00 375.00 347.28 1,481.25 87.76 80.00 33.98 256.36 91.53 610.02 1,421.00 155.25 2,929.47 686.00 7,303.21 4,258.00 95.76 28, 544.00 300.00 2,970.61 1,500.00 84, 540.99 2,813.20 137.81 44.14 2,000.00 12.00 612.26 606.33 33,033.65 500.00 202.55 795.00 255.79 518.90 61.94 303.75 206.00 42.93 438.10 184.50 673.52 EXHIBIT "A" TO RESOLUTION #2017-171 St. Croix Boat and Packet Co. Stripe A Lot Doug McLean dba Tri-State Bobcat Uline Inc LIBRARY Baker and Taylor Brechon Melissa J. Brodart Co Culligan of Stillwater G & K Services Howe Linnea Intereum Inc. Kerschbaum Renovation Mercury Technologies of MN Midwest Tape MN Dept of Labor and Industry MN Library Assoc. Office of MN IT Services Performance Plus LLC Petrie Angela Reyers Mariah E. Arena Billing Lilly Lake parking Equipment repair Supplies Materials Reimbursement Materials M isc Towels & Rugs Staff Reimbursement Teen Room Interior Painting Bulb/Battery/Electronics Recycling Materials Boiler License MLA Conference Phone - July Drug Screen Staff Reimbursement Programs - Juv (SPLF) Page 3 56,037.55 800.00 496.30 61.41 275.12 30.00 733.97 14.55 83.14 14.99 2,435.33 740.00 988.10 997.49 10.00 523.00 379.45 45.00 66.01 240.00 RESOLUTION 2017-172 RESOLUTION APPROVING THE ADDITION OF ADDITIONAL LICENSE PREMISES ACQUIRED BY LOLO AMERICAN KITCHEN LLC, DBA LOLO AMERICAN KITCHEN WHEREAS, a request from LoLo American Kitchen to add additional space they have acquired as an amendment to their liquor license premises located at 233 Main Street South; and WHEREAS, the request meets State Statute restrictions that the premises must be "compact and continuous"; and WHEREAS, adding the additional space to their licensed premises, it would allow the LoLo American Kitchen to expand their establishment. BE IT RESOLVED, that the Stillwater City Council hereby approve the additional licensed premises located at 233 Main Street South, conditioned upon the following: 1. Approvals from the Community Development, Building Inspections, Fire Departments, Minnesota AGED and Washington County Department of Health. Adopted by the Stillwater City Council this 19th day of September, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk -4. w4a- 14'.0 18'-2' 18'-0' EXISTING CHASE — NEW OAS WATER HEATER - GAS r PROVIDE NEW FIRE RATED WALL TO CONNECT TO EXISTING GAS (OW3800) AROUND STAIR -TVP. LINE ON MAIN LEVEL II / PROVIDE NEW{ ¢�YEBIE[j1IT / COOK WI HOLLOW METAL FRAME - Y FRIIME TO MATCH FIRE. RATING RATED STAIRWAY PREP. 2PLS9AET 200 B.FJOCC 2OCC ON PROVIDE NEW GATE TO MEZZANINE STAIRS OFFICE RELOCATED INTERIOR 108 SO. FT. STOREFRONT -MODIFY 100 S,FJOCC. _ AS REQUIRED 2 OCC PROVIDE 2e4 WALLS 18" 11 ----� o GYP. SD. 014 ONE AROUND HOOD DUCTS TVP. k 1.41fd161'�i I•ll�!Yi.s-iI' 1MMONJJU1-I ;i,M:. 0 PROPOSED SECOND LEVEL FLOOR PLAN 1/9'=1'A' 02 z ADJACENT TENANT T PROVIDE NEW PRE -FINISHED METAL RAILING AROUND STAIRWAY DINING 77 00. FT, E? S.F16C0. f I 60CC REMOVE EXISTING WINDOWS IN THIS STAIR . -NEEL OPENINGS W/ NEW FIRE RATED WALL 0WP3E601 ADJACENT TENANT PROVIDE NEW METAL.' STAIR RISERS AND TREADS AT TOIS'STAIR ONLY : 7()��!` l or OPROPOSED MAIN LEVEL FLOOR PLAN 1141=1%01 ADJACENT TENANT BAR/PREP EQUIPMENT SCHEDULE 802095. NUMBER MODEL BRAND 1200EL NUMBER WELENSIONS 1 PERLICK I 13012141L1611261 r20318'DX38'H 2 REGENCY 80003101413 LFT 4661 X 13 314'0 x 37-H 3 PERLICK _ 1.948 48'WK 13 11717 3822 4 PERLICK BR430 78'61 5 PERLICK T5381010 38"61 r 1$11270 z 38'1 B PERLIC 814-035 38'W 7 8 A0ANTC0 AVA14TC0 U0B-720-HC USB -50G -HC 723A16/x 253/475 x 38518'1 803/4.61 x 2531471 x35 5/81H 8 SCOTSMAN 0641578551-151 28Wx 27318'02353/4'H 10 AVANTCO 178CFA2FF 54W1,321/4'3 x 87132'1 11 AVANTCO 77811F0250 54'1 x 32114'0 k0710211 12 EAGLE CROUP 310-10.124 04'61x711)041'4 13 REGENCY 5511817 1761 z 1513x1313214 WALLS AND INTERIOR PARTfTIONS, WOOD -FRAMED GAPLR too. WP sago I L GENERIC r� GYPSUM WALLBOARD, 61000 STUDS 11.... 1546'5R4 k 64EAM1 d.41664140Ldte6 ss69t4 87AI b 64111946124.3 wor.10665713'oe. w412 44•TTPe 3 704 7,01 v.l.s r. Yas+r10.66619 16 CC. i>..no WIwro .502.552a`ee..sn 0556. Ppm rem p ru 9..169 re per mud n 160 -.Amyl 518,1 a4 (LOAG$EANNO( 1 HOUR FIRE Tfii0.',. 6Ye NAM +.mgrs bpd PleeTkar ITS J99.- 61412 10.83 HAF GROUP ARCHITECTURE 200001027040(47 11 02 11 5 1 00 11 C 7 1 0 16 25 ].4ouiH.MAIH.2 Fk EET Sr L6W MN 61002 06.651.251.1720 HF ARCHITECTS A R C H I T ELT O R E P L A 01 11 1 N 0 INTER/ORS e24 SOUTH MAIN Sr. STILLWATER. MN 6 6 1 -l s rAe 6 5 1 -Ax 0. [ 5 6 0 www.• 200[ Cerrec.a.c1M [OM/HAP A RCHIFE[ES HrT1.HLEAPA e2HLrecTS..LO0eP0T. C0M 11141F CONSTRUCTION eoePl LL.eOHer.vpr.o H.ILe 253 501TH M STILLWATER, x.11 40116 - 1 3 6 0 rAX .410-. 5100 LOLO 2ND FLOOR STILLWATER wave.®v..wx'a. vP.r".n tee`&"Ina�n °• 9412111 PROPOSED FLOOR PLANS, A1.2 tiler Administration ) DATE: September 13, 2017 TO: Mayor & City Council FROM: Tom McCarty, City Administrator RE: Railroad Lease BACKGROUND In December of 2000, the City of Stillwater assumed the Railroad's interest in a lease with St Croix Boat and Packet. In 2017, the lease was $9,008.49. Staff is recommending a 2% increase ($9,180.66) on the lease for 2018. ACTION REQUIRED If Council concurs with staff's recommendation, council needs to adopt a resolution entitled "approval of increase to railroad lease payment to St. Croix Boat & Packet" increasing the lease payment to $9,180.66 for 2018. RESOLUTION 2017-173 APPROVAL OF INCREASE TO RAILROAD LEASE PAYMENT TO ST. CROIX BOAT & PACKET WHEREAS, the City of Stillwater assumed the Railroad's interest in a lease with St. Croix Boat and Packet in December 2000, and WHEREAS, as a part of the lease, St. Croix Boat & Packet pays for the use of the railroad right of way; and WHEREAS, the 2017 lease payment was $9,008.49; and WHEREAS, staff recommends a 2% increase for 2018 for a total of $9,180.66. THEREFORE BE IT RESOLVED that the City Council of Stillwater, MN hereby approves the increase for use of the railroad right-of-way as described in the Railroad Lease between the City of Stillwater and St. Croix Boat & Packet for a total amount of $9,180.66in 2018. Adopted by the Stillwater City Council this 19th day of September, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION 2017-174 APPROVING EXHIBIT A AS IT RELATES TO RESOLUTION 2013-057 RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE Declaration of Official Intent The duly appointed and acting Finance Director of the City of Stillwater, Minnesota (the "City"), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: 1. The undersigned has been and is on the date hereof duly authorized by the City Council of the City to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. 2. This Declaration relates to the following project, property or program (the "Project") and the costs thereof to be financed: • $100,000 St. Croix Valley Recreation Center Remodel and Dome Project 3. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Regulations. 4. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Adopted by the Stillwater City Council this 19th day of September, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward City Clerk prr. G MINNESOTA DEPARTMENT OF PUBLIC SAFETY Alcohol & Gambling Enforcement Name of organization Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Valley Chamber Chorale Address 216 Myrtle St. W #352 Name of person making application City Date organized Jan. 1, 1975 Stillwater Jodi Gager Date(s) of event Dec. 8-10, 2017 Organization officer's name Marilyn Johnson Organization officer's name Organization officer's name Organization officer's name Location where permit will be used. If an outdoor area, describe. Washington County Historic Courthouse State Tax exempt number 31587 Minnesota Business phone 651-430-0124 Zip Code 55082 Home phone Type of organization ❑ Club ❑ Charitable ❑ Religious ❑X Other non-profit City State Zip Code Stillwater City City City Minnesota State Minnesota State Minnesota State Minnesota 55082 Zip Code Zip Code Zip Code If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Hartford Casualty - $1,000,000 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City of Stillwater City or County approving the license $25.00 per day = 4'75, 00 Fee Amount Date Approved Permit Date 9- 1p- 17 dward@ci.stillwater.mn.us Date Fee Paid City or County E-mail Address 651-430-8802 City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATION@STATE.MN.US ti1 I\vaier Administration Date: September 14, 2017 TO: Mayor and Council FROM: Human Rights Commission SUBJECT: Updated Human Rights Commission By -Laws BACKGROUND: It was brought to the attention of the commission that there were two renditions of by-laws for the Human Rights Commission. The original by-laws were adopted in 1996. A revision was done prepared in 1997, however the revision was overlooked and never adopted by the Human Rights Commission and Council. Both renditions were in need of updating to reflect the current operational process of other commissions and the City Council. Attached is the revised by-laws for your review and approval. RECOMMENDATION: The Human Rights Commission has approved the by-laws and recommends that the by-laws be adopted by the City Council. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled "approving Human Rights Commission By -Laws dated April 26, 2017" RESOLUTION 2017-175 APPROVING HUMAN RIGHTS COMMISSION BY-LAWS (REVISED DATE: APRIL 26, 2017) WHEREAS, the Human Rights Commission was established in 1996 and by-laws were developed and adopted; and WHEREAS, in 1997 the by-laws were revised and used, but not approved by the Commission or City Council for an unknown reason; and WHEREAS, therefore the commission has been operating under two different sets of by-laws; and WHEREAS, both renditions of the by-laws needed to be revised to reflect the current operational process of other commissions and the City Council. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the Human Rights Commission By-laws, revised April 26, 2017, attached as "Exhibit A", as on file with the City Clerk, are hereby approved. Adopted by the Stillwater City Council this 19th day of September, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Ilwa ter ' H E E: R T H P L A iC E OF MNESTA BY-LAWS OF THE STILLWATER HUMAN RIGHTS COMMISSION I. CHAIR Annually, at the June meeting, two commissioners shall be elected to as Chair and Vice Chair for the Commission. The Chair serve as chair for a one year term beginning in June. The Vice Chair fulfills the Chair's duties in his/her absence. The Chair's duties shall: 1. Preside over meetings, record attendance 2. Prepare written agenda for each meeting and deliver it to the City Clerk or its designee one (1) week prior to the meeting. 3. Facilitate the activities of monthly meetings according to the suggestions of the commission II. SUPPORTING STAFF The Stillwater City Council shall provide a person to: 1. Provide audio recording equipment for the transcription of minutes of the meeting 2. Distribute minutes, agenda, and other pertinent notices. 3. Provide such additional support as is designated by the commission with the consent of the City Council. III. MEETINGS 1. There shall be at least one regular meeting in each calendar month unless a quorum of the members agree otherwise. 2. All regular meetings shall be open to the public. 3. The commission may hold special meetings to complete or initiate business at the call of the chair, or upon the request of three (3) members of the commission. Chair should provide information seven (7) business days to the City Clerk for required publication. The notice must contain: a. Date and Time of the meeting b. Purpose of the special meeting The commission may transact any business within its powers at a special meeting. The commission should, however, only transact business for which notice has been provided in the special -meeting notice. All statutory provisions governing regular meetings, including the open meeting law, apply to special meetings. 4. Each member shall be notified at least forty-eight (48) hours previous to any special meeting, of the time, place and purpose of the same. 5. The commission shall follow the most recent issue of Robert's Rules of Order. Revised 04/26/2017 6. A quorum shall consist of four (4) members. If a quorum is not present at the meeting, the Chair must adjourn to another date. IV. ATTENDANCE 1. In the event that a member misses three (3) consecutive meetings, or 1/4 of the meetings in any one twelve (12) month period, the commission may request the City Council to replace that member. The person shall be given notice regarding his/her absenteeism by the Chair prior to the commission requesting that the council replace the member. Thirty (30) days shall be given to the member for a response to the commission before any action is taken. 2. The Chair must be notified prior to a meeting if a member will be unable to attend the meeting. 3. Agenda Layout: I. Call to Order II. Roll call III. Approving Minutes IV. Open Forum - The Open Forum is a portion of the Commission meeting to address the Commission on subjects which are not a part of the meeting agenda. V. Unfinished Business VI. New Business VII. Communications VIII. Commission Member Requests IX. Adjourn V. COMMITTEES 1. Committee chairs or their representatives shall report at each regular meeting. 2. The duties and responsibilities of the various committees shall be defined at the time of their formation by the commission. 3. All committees shall maintain records of all meetings, recommendations, actions, memberships, etc. 4. Each committee, with the approval of the Stillwater Human Rights Commission may state the number of citizens it chooses to have as members of that committee. 5. Citizens may be selected by the Stillwater Human Rights Commission for committee membership. 6. Citizens shall have voting rights only at committee meetings. Committee reports to the Human Rights Commission shall be presented by the committee chairperson. Any commissioner may make a minority report. VI. AMENDING THE BYLAWS 1. These articles can be amended by approval of 2/3 of the commission membership. 2. Proposed amendments shall be mailed to commission membership five (5) days prior to the meeting at which they are to be voted upon. Revised 04/26/2017 till\Vater THE BITHPLACE Of MINNESOTA CITY COUNCIL MEETING DATE: September 19, 2017 CASE NO.: 2017-44 APPLICANT: Jane McMullen, representing Stillwater Medical Group REQUEST: Approval of "Outdoor Sales and Special Event Permit" at 1500 Curve Crest Boulevard ZONING: BP -I - Business Park Industrial COMP PLAN: I - Industrial PREPARED BY: Erik Olson -Williams, Zoning Administrator/Assistant Planner REQUEST Stillwater Medical Group is proposing to utilize the parking lot of their clinic at 1500 Curve Crest Boulevard for certain outdoor activities to occur on September 23. Specifically, the business would like to barricade the southeast portion of their parking lot for the purposes of having a "Family Fun Fest" for the Stillwater community: • 7:OOam- 11:OOam: Set up • 11:OOam - 2:OOpm: Event time • 2:OOpm - 4:OOpm: Clean up One 40'x60' tent and three 10'x10' tents will be set up in the barricaded area, along with two inflatables, three food trucks, and one children's DJ. The application narrative indicates that amplification will be used for the duration of the event. The Stillwater Fire Department and other public safety personnel will be present at the event. The applicant also indicates that Lakeview EMS will be on-site for the entire event and that urgent care facilities will be available within the clinic building. APPLICABLE CITY CODE City Code Section 31-325, Allowable Uses in Non -Residential Districts, indicates that "Outside sales or special events" is permitted in the BP -C and BP -O districts by the city council if the event is a "one-time special event not occurring on a regular basis". In this case, the BP -I district is considered substantially similar to the other two Business Park districts to allow for outside events on a one-time basis. Stillwater Medical Group Family Fun Fest Event Permit Case 2017-44, 1500 Curve Crest Boulevard City Code Section 38-3., Noise control and regulation, indicates no person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to disturb the peace, quiet and comfort of any person nearby. The applicant will be required to adhere to the provisions of the Noise Ordinance. ITEMS OF DISCUSSION City staff has reviewed the application for compliance with the following: Noise: Even though the event is proposing amplified music, the concern of violation of the noise ordinance is reduced due to the event's location in a predominately industrial area. All operations will need to maintain compliance with Section 38-3, Noise control and regulation. Off -Street Parking: As the applicant is proposing the use of the parking lot for this "one-time special event", a portion of the private parking lot would not be available for patron parking between 7:OOam and 4:OOpm on September 23rd. Parking concerns are mitigated by a reduction in clinic services on the weekend and the availability of off-street parking at other locations on the property. Security: Public safety personnel will be present at the event. The Police Department has reviewed the request and has identified no issues with the security plan. Fire Safety: The Fire Department will be present at the event and has no issues with the event's fire safety plan. Personnel from the Fire Department will inspect all food trucks the day of the event. The festival will have to be operated in accordance with safe crowd management standards. Alcohol Consumption: There will be no alcohol at this event. ALTERNATIVES The City Council has several alternatives. A. Approval. If the proposed Outside Sales and Special Event Permit is found to be acceptable to the City Council, then the Council should move to approve the attached Resolution of approval and authorize the Mayor to sign the Resolution. B. Denial. If the Council finds that the Outside Sales and Special Event Permit is not advisable, table the matter for staff to draft a Resolution of Denial for the next Council meeting. C. Table. If the Council prefers more information, table the matter until the next Council meeting. RECOMMENDATION Staff finds the requested Outside Sales and Special Event Permit to be reasonable and recommends approval with the following conditions: 1. This Outside Sales and Special Event Permit is valid Saturday, September 23, 2017. 2. All operations, including the use of radios and the DJ booth, will need to maintain compliance with Section 38-3, Noise control and regulation. ATTACHMENTS Permit Application Site Plan Site Location Map Resolution RESOLUTION 2017-176 A RESOLUTION APPROVING AN OUTSIDE SALES & EVENT PERMIT FOR STILLWATER MEDICAL GROUP LOCATED AT 1500 CURVE CREST BLVD CASE NO. 2017-44 WHEREAS, Stillwater Medical Group made application for approval of an Outside Sales & Event Permit Application to allow for Family Fun Fest, a "one-time" event that is not a part of business operations, on property located at 1500 Curve Crest Blvd.; and WHEREAS, City Code Section 31-325, Allowable Uses in Non -Residential Districts, indicates that "Outside Sales or Special Events" are permitted in the Business Park Districts by the City Council if the event is a "one-time special event not occurring on a regular basis"; and WHEREAS, on September 19th the City Council reviewed the Stillwater Medical Group's Application for the Family Fun Fest; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater herby finds that one-time Outside Sales and Special Event Permit shall be approved with the following conditions: 1. This Outside Sales and Special Event Permit is valid Saturday, September 23, 2017. 2. All operations, including the use of radios and the DJ booth, will need to maintain compliance with Section 38-3, Noise control and regulation. Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of September, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, Clerk RESOLUTION 2017-177 APPROVING MINNESOTA PREMISES PERMIT FOR LAWFUL GAMBLING FOR MERRICK, INC, LOCATED AT TILTED TIKI, 324 MAIN STREET S, SUITE 2, STILLWATER, MINNESOTA WHEREAS, the Merrick, Inc. has submitted applications to the City of Stillwater requesting City approval of a Minnesota Gambling Premises Permit application located at Tilted Tiki, 324 Main Street S, Suite 2, Stillwater, MN; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED that the City of Stillwater approve of the local gambling located at Tilted Tiki, 324 Main Street S, Suite 2, Stillwater, MN. The City Clerk is directed to attach a certified copy of this resolution to the application to be submitted to the Gambling Control Board. Adopted by the City Council for the City of Stillwater this 19th day of September, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk MINNESOTA LAWFUL GAMBLING LG214 Premises Permit Application 6/15 Page 1 of 2 Annual Fee $150 (NON-REFUNDABLE) REQUIRED ATTACHMENTS TO LG214 1. If the premises is leased, attach a copy of your lease. Use LG215 Mail the application and required attachments to: Lease for Lawful Gambling Activity. Minnesota Gambling Control Board 2. $150 annual premises permit fee, for each permit (non-refundable). 1711 West County Road B, Suite 300 South Make check payable to "State of Minnesota." Roseville, MN 55113 Questions? Call 651-539-1900 and ask for Licensing. ORGANIZATION INFORMATION Organization Chief Executive Gambling Name: Officer Manager: Merrick, Inc. License Number: Daytime Phone: Daytime Phone: 00264 (CEO) Wendy John W. Barker 651-789-6200 L. Busch 651-238-6871 GAMBLING PREMISES INFORMATION Current name of site where List any previous names for gambling will be conducted: -77/ / ted / i XI this location: Street address where premises is located: 02t1 Main St, S. (Do not use a P.O. box number or mailing address.) City: OR Township: s IIw4Y County: Zip Code: wci5�'1‘� . 5-56aL f Does A lease Is any Note: zation Has your your organization Yes not required organization bingo can another permitted organization own the building where the gambling will be No If no, attach LG215 Lease for Lawful only a raffle will be conducted. conducting gambling at this site? be conducted at a site where another form organization. Electronic games can only conducted gambling at this site? conducted? Gambling Activity. Yes gambling Yes No is being a site where No Don't know by the applying organi- paper pull -tabs are played. Don't know ✓ is other Bar or if only previously ✓ of lawful be conducted at conducted I GAMBLING BANK ACCOUNT INFORMATION; MUST BE IN MINNESOTA Bank Name: Bank Street TCF/Lake Area Bank Bank Account Number: State: Address: 8432 Tamarack Village City: Woodbury MN Zip Code: 55125 ALL TEMPORARY AND PERMANENT OFF-SITE STORAGE SPACES Address (Do not use a P.O. box number): City: State: Zip Code: 3210 Labore Road Vadnais Heights MN 55110 MN MN LG214 Premises Permit Application 6/15 Page 2 of 2 ACKNOWLEDGMENT BY LOCAL UNIT OF GOVERNMENT: APPROVAL BY RESOLUTION City Name: Date Approved Resolution (If none, Signature CITY APPROVAL for a gambling premises located within city limits COUNTY APPROVAL for a gambling premises located in a township County Name: by City Council: Date Approved by County Board: Number: Resolution Number: attach meeting minutes.) of City Personnel: (If none, attach meeting minutes.) Signature of County Personnel: Title: Date Signed: Title: Date Signed: TOWNSHIP NAME: Local unit of government must sign. Complete below only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.) Print Township Name: Signature of Township Officer: Title: Date Signed: ACKNOWLEDGMENT AND OATH 1. I hereby the revenue and 2. The revenue authorized account current 3. I have submitted 4. All required 5. I am Signatu consent that local law enforcement officers, 6. I assume full responsibility for the fair and lawful operation of Board or its agents, and the commissioners of all activities to be conducted. or public safety and their agents may enter inspect the premises. 7. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, Board and its agents, and the commissioners of to abide by those laws and rules, including amendments to and public safety and their agents, are them. to inspect the bank records of the gambling whenever necessary to fulfill requirements of 8. Any changes in application information will be submitted to the gambling rules and law. Board no later than ten days after the change has taken effect. read this application and all information to the Board is true, accurate, and complete. 9• I understand that failure to provide required information or providing false or misleading information may result in the information has been fully disclosed. denial or revocation of the license. the chief executive officer of the organization. 10. I understand the fee is non-refundable regardless of license approval/denial. 1114 ..1.4, ..1 11. 8AA7 • of hi-iii1�fficer (designee may not sign) Date Data privacy notice: The in ation requested on this information when received by the Board. Minnesota's Department of Public Safety, form (and any attachments) will be used by the All other information provided will be Attorney General, Commissioners of Gambling Control Board (Board) to determine your private data about your organization until Administration, Minnesota Management & organization's qualifications to be involved in lawful the Board Issues the permit. When the Budget, and Revenue; Legislative Auditor, gambling activities in Minnesota. Your organization has Board issues the permit, all information national and international gambling the right to refuse to supply the Information; however, provided will become public. If the Board regulatory agencies; anyone pursuant to if your organization refuses to supply this information, does not Issue a permit, all information court order; other individuals and agencies the Board may not be able to determine your provided remains private, with the specifically authorized by state or federal law organization's qualifications and, as a consequence, exception of your organization's name and to have access to the information; individuals may refuse to issue a permit. If your organization address which will remain public. Private and agencies for which law or legal order supplies the information requested, the Board will be data about your organization are available authorizes a new use or sharing of able to process your organization's application. Your to: Board members, Board staff whose information after this notice was given; and organization's name and address will be public work requires access to the information; anyone with your written consent. This form will be made available in alternative format, i.e. large print, braille, upon request. MINNESOTA LAWFUL GAMBLING LG215 Lease for Lawful Gambling Activity 6/15 Page 1 of 2 ^.isy'T'r2l Y.:Y..U<..: 4 i l .. Y �. -_ -.... -. .. ... .... 1::- __Pi*NFO ArION , Organization: License/Site Number: Daytime Phone: Merrick, Inc. 00264 651789 6200 Address: City: State: Zip: 3210 Labore Road Vadnais Heights MN 55110 Name of Lease Premises: _____, Street Address: City:„ Zip: Daytime Phone: S�i�/WCt7/'---- MN 5508'2 657-3 `I2 YS” Name of Legal Owner: Business/Street Address: City: State: Zip: Daytime Phone: V.C//1 114 Ai 5572 - 657— 6,5Z- a2/,.)-- Name of I.Asor (if same as S (nlegal. owner, write "SAME"): Address: 6irL C /.. - .34 /Wale) 5i, 5 , City: State: Zip: Daytime Phone: 5-61lwale v--- pH /V . S5b - --/ </aZ -013-47 Skhe applicable item: New or amended lease. Effective date:Submit changes at least ten days before the effective date of the change. New owner. Effective date: . Submit new lease within ten days after new lessor assumes ownership. ss;,..r�y. }J� -•i ? s.ri..=^-F�.�.•' �S 4�^TTii.Y..-4.�..`�il+,..�"�.i�•K �2i�:.4- � 1Ai'K�Y...- .� Cri kLA rA''GT it*A F� "VIO BET C ND .7.-: – � n6. ea `rAe•_ aired, ika tla ' X Pull -Tabs (paper) Electronic Pull -Tabs I )K Pull -Tabs (paper) with dispensing device X Electronic Linked Bingo_ ._ _ _ _ PIN Bar Bingo Bingo Electronic games may only be conducted: licensed for intoxicating 1. at a premises the on -sale of liquor A Tipboards or the on -sale of 3.2% malt beverages; or Paddlewheel Paddlewheel with table 2. at a premises where bingo is conducted as the primary business and has a seating capacity of at least 100. fix Z, f. 4. � � �, � '. ._ .__.� �.. -. yl 40:04 H iL1:�daG4�.+. ,. , t40#00-01,J00. 4P! LL 1rAB TZP-BO�IdII Q .0 _.; " p�LEWH;EEL RENT!(separ:at ref-�R� for boothta ld h�arAops) '+.; BOOTH OPERATION: Some or all salks'lsf gambling equipment are conducted by an employee/volunteer of a licensed organization at thh`teasi?tlpremises. ALL GAMES, including electronic games: Monthly rent to be paid: %, not to exceed 10% of gross profits for that month. • Total rent paid from all organizations for only booth operations th leased premises may not exceed $1,750. • The r ap d s not include BAR OPERATION rent for electronic games conducted by the lessor. AR OPERATIO : All sales of gambling equipment conducted by the lessor or lessor'semployee. E IS: Monthly rent to be paid: I9- %, not to exceed 15% of the gross profits for that month from electronic pull -tab games and electronic linked bingo games. ALL OTHER GAMES: Monthly rent to be paid: ,=.20 %, not to exceed 20% of gross profits from all other forms of lawful gambling. • If any booth sales conducted by a licensed organization at the premises, rent may not exceed 10% of gross profits for that month and is subject to booth operation $1,750 cap. BINSGOt N.T''(fi eased premises:- 00e binge*Ce pri >i'i . li ness-conducte , such s rbingo hall) Bingo rent is limited to one of the following: • Rent to be paid: %, not to exceed 10% of the monthly gross profit from all lawful gambling activities held during bingo occasions, excluding bar bingo. - OR - • Rate to be paid: $ per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. Rent may not be paid for bar bingo. Bar bingo does not include bingo games linked to other permitted premises. LEASEL ERM1NAUON CLAUSE (must be completed). ,-..: , JO The lease may be terminated by either party with a written day notice. Other terms: LG215 Lease for Lawful Gambling Activity 6/15 Page 2 of 2 Lease Term: The term of this agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management: The owner of the premises or the lessor will not manage the conduct of lawful gambling at the premises. The organization may not conduct any activity on behalf of the lessor on the leased premises. Participation as Players Prohibited: The lessor will not par- ticipate directly or indirectly as a player in any lawful gambling conducted on the premises. The lessor's immediate family and any agents or gambling employees of the lessor will not partici- pate as players in the conduct of lawful gambling on the premis- es, except as authorized by Minnesota Statutes, Section 349.181. Illegal Gambling: The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises or that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organiza- tion is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes, Section 349.18, Subd. 1(a). To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes, Section 609.75. Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, if the organization or its agents are found to be solely responsible for any illegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7861.0260, Subpart 1, item H, or Minnesota Statutes, Section 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. The lessor must not modify or terminate the lease in whole or in part because the organization reported, to a state or local law enforcement authority or to the Board, the conduct of illegal gambling activity at this site in which the organization did not participate. Nt4OFELTERNS '�• ' p Other Prohibitions: The lessor will not impose restrictions on the organization with respect to providers (distributor or linked bingo game provider) of gambling -related equipment and ser- vices or in the use of net profits for lawful purposes. The lessor, the lessor's immediate family, any person residing in the same residence as the lessor, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. The lessor must not modify or terminate this tease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the lease will remain in effect pend- ing a final determination by the Compliance Review Group (CRG) of the Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. Access to Permitted Premises: Consent is given to the Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel to enter and inspect the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the premises during any time reasonable and when necessary for the conduct of lawful gambling. Lessor Records: The lessor must maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record must be maintained for 3-1/2 years. Rent All -Inclusive: Amounts paid as rent by the organization to the lessor are all-inclusive. No other services or expenses provided or contracted by the lessor may be paid by the organi- zation, including but not limited to: - trash removal - electricity, heat - snow removal - storage - janitorial and cleaning services - other utilities or services - lawn services - security, security monitoring - cost of any communication network or service required to conduct electronic pull -tabs games or electronic bingo - in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Board. Rent payments may not be made to an individual. sa I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. Other terms of the lease: Signatule of Lessor: Print Name and Tit‘te""of Lessor: 14A S 6.6 r 7/11Date: Signature coOr aniz tion Official (Lessee): Date ON C 0 Questions? Contact the Licensing Section, Gambling Control Board, at 651-539-1900. This publication will be made available in alternative format (i.e. large print, braille) upon request. Data privacy notice: The information requested on this form and any attachments will became public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Mail or fax lease to: Minnesota Gambling Control Board 1711 W. County Road B, Suite 300 South Roseville, MN 55113 Fax: 651-639-4032 THE B R T H P L A l' L 0' F M 9 N N F 3 O f A MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Public Works Director/ City Engineer DATE: September 14, 2017 SUBJECT: Possible Purchase Aerator and Seeder Background The Public Works Department has an Aerovator/ Seeder manufactured by 15t Produc, year of purchase is unknown. This piece of equipment is used to aerate and seed at the same time and can only be used on the largest John Deere tractor. It does not pull plugs from the soil that allows for air inducement and more effective top dressing to change the soil composition. We have been borrowing aerators and seeders from different government agencies but acquiring use is difficult since this type of maintenance is generally done at the same time as the other agencies. Staff would like a core aerator and a seeder to improve or maintenance operations. We received quotes for both the core aerator and the seeder on the state contract. Frontier Ag & Turf was low bid for the aerator at $2566.36 and Lano Equipment Inc. low bid for the seeder at $6014.85. Both of these pieces of equipment can be used on our smaller tractor allowing more timely application of aerating and seeding. Funding The City of Stillwater purchased a 16' pull behind wing mower in 2017 for $10,571.68 with $30,000.00 budgeted. Staff proposes to use the savings in from the purchase of the mower this year to purchase the aerator and seeder and eliminate $27,000.00 from the 2018 Capital Outlay budget for purchase of the aerator and seeder. Recommendation Staff recommends the purchase of the aerator from Frontier Ag & Turf for $2566.36 and the seeder from Lano Equipment Inc. for $6014.85. The money would come from 2017 Parks Capital Outlay. MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director¢(j'ublic Works Date: September 15, 2017 11 Re: 2017 Street Improvement Project Change Order #1 Project 2017-02 INTRODUCTION As a part of this year's street improvement project, it is proposed that we add two projects to the contract; the parking lot at McKusick Road and Owens and restoring the parking area at the city hall where the police station renovation is taking place. DISCUSSION McKusick Park Lot Included in this year's street improvement project is the reconstruction of the parking lot at Northland Park. The bid received was $40,000 lower than budgeted. Staff was asked to look see if there were any other parking lots in the City that needed improvement. After review, it is recommended that the parking lot on the corner of McKusick Road and Owens Street be improved. This is no data on when the lot was constructed, but it is an asphalt surface with no curb and gutter. The surface is weathered with some major cracks and is a candidate for reconstruction. It is proposed that the asphalt surface be replaced and add curb and gutter around its perimeter. Hardrives, the contractor for the street project, has given us a quote of $29,548 for this work. Funds for the McKusick Park parking lot would come through the Parks Capital Outlay. City Hall Police Station Parking Area The surface around the police station has been disturbed from the renovation project due to new utility connections to City Hall and the addition of curb and sidewalks. Staff felt that estimates to restore the area as part of the renovation project exceeded our expectations and asked Hardrives if they would be interested in submitting a quote to reconstruct the lot. Hardrives submitted a quote of $32,276 for the work and includes grading, paving, installing curb and sidewalk on the east side of the parking lot out to Fourth Street. Funds for this improvement would come from the Street Project Fund. RECOMMENDATION It is recommended that Council approve Change Order #1 in the amount of $61,824.00 for the parking lot at Mckusick and Owens and the parking lot at City Hall. ACTION REQUIRED If Council agrees with the Recommendation, they should pass Resolution 2017 for the Approval of Change Order #1 for the 2017 Street Improvement Project (Project 2017-02). APPROVAL OF CHANGE ORDER #1 FOR THE 2017 STREET IMPROVEMENT PROJECT (PROJECT 2017-02) 13E IT RESOLVED, by the city Council of the City of Stillwater, Minnesota, that Change Order #1 in the amount of $61,824.00 for the 2017 Street Improvement Project is hereby approved: Change order #1 McKusick and Owens Parking Lot City Hall Police Parking Lot $29,548.00 $32,276.00 Total $61,824.00 Adopted by Council this 19th day of September, 2017. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk 11! r ' H F BIBTH PLAT, f 0� MINN E 841 A CITY COUNCIL MEETING DATE: September 19, 2017 CASE NO.: 2017-40 Planning Commission: September 13, 2017 APPLICANT: Dan Thurnes, Cornerstone Land Surveying, representing Stephen and Barbara Kochendorfer, property owners REQUEST: 1. Rezoning from AP, Agricultural Preserve, to RA, One -Family Residential 2. Vacation of Drainage and Utility Easements 3. Preliminary Plat approval of Neal Meadows 4th Addition, a 3 lot residential subdivision at 8080 Neal Avenue North 4. Final Plat approval of Neal Meadows 4th Addition COMPREHENSIVE PLAN: LDR, Low Density Residential REVIEWERS: Community Development Director, City Engineer PREPARED BY: Abbi Jo Wittman, City Planner REQUEST Dan Thurnes, Cornerstone Land Surveying, representing Stephen and Barbara Kochendorfer, requests approval of the rezoning of the property at 8080 Neal Avenue North from AP, Agricultural Preservation, to RA, One Family Residential, as well as the 8/8/2017 version of the Preliminary and Final Plats known as NEAL MEADOWS 4TH ADDITION. APPLICABLE BACKGOUND The CPC held a public hearing to consider NEAL MEADOWS 4TH ADDITION. At the hearing, the applicant's representative, Dan Thurmes of Cornerstone Land Surveying, spoke on behalf of the project. In a 6-0 vote, the Commission recommended conditional approval of NEAL MEADOWS 4TH ADDITION. The conditions are included below, in the Findings and Recommendations section, and the CPC case file report is attached. ADDITIONAL DISCUSSION Parks & Recreation Commission Case No. 2017-40 CC: September 19, 2017 Page 1 of 3 iikl Iwarer 'HE BIRTHPLACF OF MINNESOIA On September 25th the Park and Recreation Commission (PRC) is scheduled to review the request. As no park and trail improvements are proposed to be installed directly adjacent to this property, staff is recommending the Council approve the Preliminary and Final Plats, contingent on gaining PRC approval of a fee in lieu of land dedication Rezoning As the Final Plat cannot be effective until the property is rezoned in conformance with the Future Land Use map, City Attorney Magnuson has advised a condition of approval should be that the Preliminary and Final Plat shall not be effective until the rezoning is in effect. ALTERNATIVES A. Approval If the City Council finds the proposal to be consistent with the provisions of the City's Zoning Ordinances, Subdivision Ordinances, and Comprehensive Plan, the Council should move to approve the following, with or without conditions: 1. A Resolution vacating the Drainage and Utility Easements in Lot 6, Block 2, Neal Meadows. 2. An Ordinance Amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance, by amending the zoning map of the city to rezone certain properties within the AP - Agricultural Preservation district by adding them to the RA - One Family Residential district. 3. A Resolution approving the Preliminary and Final Plat for Neal Meadows 4th Addition. B. Table If the City Council finds that the application is not complete enough to make a decision, it could continue the review for additional information. = C. Denial If the City Council finds the proposal is not consistent with the provisions of the City's Zoning Ordinances, Subdivision Ordinances, and Comprehensive Plan, the Council should deny Case No. 2017-40. The Council should indicate a reason for the denial and state whether or not the denial is with prejudice. FINDINGS AND RECOMMENDATION Planning Commission The CPC found NEAL MEADOWS 4TH ADDITION to be consistent with the provisions of the City's Zoning Ordinances, Subdivision Ordinances, and Comprehensive Plan. Therefore, the CPC made recommendation of approval, with the following conditions: 1. All future electrical and communications utility lines shall be buried. Case No. 2017-40 CC: September 19, 2017 Page 2 of 3 11! r H E BI TH PLI[CF OF MINN E 801 2. If determined acceptable by the Park and Recreation Commission, this development will be responsible for paying $5,000 to the City for park and trail dedication fees. These fees will be due prior to release of the final plat from the City for recording with Washington County. 3. This development shall be responsible for paying 2017 development impact fees including the Transportation Adequacy/Mitigation Fee, the AUAR fee and trunk sewer and water fees. Rates may be adjusted, annually. These fees shall be due prior to release of the final plat for recording with Washington County. Staff Staff recommends approval of the attached Ordinance and Resolution, which conditionally approves the requested 3 -lot subdivision. The conditions in the attached resolution differ from those recommended by the Planning Commission in the following ways: 1. Condition 1 is added to reflect the approved plats and grading plan. 2. Condition 5 is added to reflect the requirement that the rezoning must be in effect prior to the plat being effective. ATTACHMENTS Planning Commission Packet Draft Ordinance to Rezone Resolution Vacating Easements Resolution Approving Preliminary and Final Plats Case No. 2017-40 CC: September 19, 2017 Page 3 of 3 illwater 'itE BIRTPIPIACE 9 F MINNFSOITA PLANNING COMMISSION MEETING DATE: September 13, 2017 CASE NO.: 2017-40 APPLICANT: Dan Thurnes, Cornerstone Land Surveying, representing Stephen and Barbara Kochendorfer, property owners REQUEST: 1. Rezoning from AP, Agricultural Preserve, to RA, One -Family Residential 2. Preliminary Plat approval of Neal Meadows 4th Addition, a 3 lot residential subdivision at 8080 Neal Avenue North 3. Final Plat approval of Neal Meadows 4th Addition COMPREHENSIVE PLAN: LDR, Low Density Residential REVIEWERS: Community Development Director, City Engineer PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND Stephen and Barbara Kochendorfer plan to subdivide 1.25 acres of land located at Lot 6, Block 2, Neal Meadow (8080 Neal Avenue North). A total of three lots, to be known as Neal Meadows 4th Addition, are proposed. The Kochendorfers would retain the easterly lot that contains their residence. The westerly (approximately) 25,000 square feet, adjacent to Creekside Crossing, would contain two new lots which the property owners intend to sell. SPECIFIC REQUEST In order to subdivide the property as proposed, Dan Thurmes, applicant, has requested approval of the following: 1. Rezoning to RA, One -Family Residential. 2. Preliminary Plat of Neal Meadows 4th Addition, a three -lot single family subdivision 3. Final Plat of Neal Meadows 4th Addition EVALUATION OF REQUEST I. REZONING The proposal includes a request to rezone the property to RA, One -Family Residential. The Comprehensive Plan's guided use for the property is Low Density Residential, for a total of 1 to 4.4 units per acre. The proposed rezoning is consistent with this future land use classification. II. PRELIMINARY PLAT Lots Lots as proposed conform to the minimum standards set forth for the proposed zoning district. While the Preliminary Plat and Conceptual Grading Plan indicates a 'possible future lot' to the north of the Kochendorfer's property, this lot is not a part of this subdivision. It was merely designed to show the existing eastern half could be split into two conforming lots in the future. Engineering and Streets City Engineer, Shawn Sanders, has reviewed the preliminary plat. As no public improvements are required for this subdivision, no Developer's Agreement is required. However, the property is located within certain districts requiring the payment of development fees. The following development fees will be required at the time of the release of the executed Final Plat from City offices. Fees quoted are based on 2017 rates; rates may be adjusted, annually. • Transportation Adequacy/Mitigation Fee: $8,120/acre • AUAR (Storm Sewer) Fee: $5,912/acre • Trunk Sewer and Water Fee: $10,326/acre Since the development impact fees are payable only on the new building sites (0.586 acres), the total fees if paid in 2017 will be $14,273.79. Although the City of Stillwater owns a small strip of land between the Creekside Crossing right-of-way and this property's western boundary, the City obtained those lands for access to this parcel. Therefore, driveways developed to City standards may be constructed off of Creekside Crossing at the time of development of the two new lots. CPC 9/13/2017 8080 Neal Avenue North Page 2 of 5 Lot 1 Proposed Lot 2 Proposed Lot 3 Proposed Minimum Lot Width (75') 180' +/- 90' +/- 90' +/- Minimum Lot Length (100') 160' +/- 138' +/- 143' +/- Minimum Lot Area (10,000 s.f.) 28,945 s.f. 12,514 s.f. 12,706 s.f. Lots as proposed conform to the minimum standards set forth for the proposed zoning district. While the Preliminary Plat and Conceptual Grading Plan indicates a 'possible future lot' to the north of the Kochendorfer's property, this lot is not a part of this subdivision. It was merely designed to show the existing eastern half could be split into two conforming lots in the future. Engineering and Streets City Engineer, Shawn Sanders, has reviewed the preliminary plat. As no public improvements are required for this subdivision, no Developer's Agreement is required. However, the property is located within certain districts requiring the payment of development fees. The following development fees will be required at the time of the release of the executed Final Plat from City offices. Fees quoted are based on 2017 rates; rates may be adjusted, annually. • Transportation Adequacy/Mitigation Fee: $8,120/acre • AUAR (Storm Sewer) Fee: $5,912/acre • Trunk Sewer and Water Fee: $10,326/acre Since the development impact fees are payable only on the new building sites (0.586 acres), the total fees if paid in 2017 will be $14,273.79. Although the City of Stillwater owns a small strip of land between the Creekside Crossing right-of-way and this property's western boundary, the City obtained those lands for access to this parcel. Therefore, driveways developed to City standards may be constructed off of Creekside Crossing at the time of development of the two new lots. CPC 9/13/2017 8080 Neal Avenue North Page 2 of 5 No comprehensive drainage plan is required for subdivisions that contain less than four lots. Sanders has indicated the drainage and utility easements, those customary and in excess of traditionally sized easements, will help address the onsite drainage needs. Park and Trail Dedication The Comprehensive Plan's park element shows no planned parks on or through the property. So, the contribution to the park system would likely have to be in the form of a fee in lieu of land, which would be $2,000 per new lot created. In terms of trails and sidewalks, a sidewalk on the west side of Creekside Crossing exists. While a trail is proposed for Neal Avenue North, it is proposed to be constructed on the east side of Neal Avenue. Therefore, no sidewalks or trails are proposed on the property. Therefore, the contribution to the trail system would have to be in the form of a fee in lieu, which would be $500 per new lot created. Therefore, the total park and trail fee would be $2,500 for each of Lots 2 and 3, for a total of $5,000. As with the development fees, this will be payable prior to release of the final plat from City offices. Tree Preservation and Landscaping As the property owner does not intend to grade the land area of the new lots, less than 35% of the significant trees and less than 50% of the vegetation crown cover on site would be removed. Therefore, no tree replacement would be required by the zoning ordinance for this residential development. The subdivision ordinance requires three trees on average for every planned lot (City Code Ch. 32, Subd. 5 (13)(q)(1)), whether tree replacement is required by the zoning ordinance required for the 2 new buildable lots requested in this preliminary plat. or not. So, a total of 6 trees would be CPC 9/13/2017 8080 Neal Avenue North Page 3 of 5 However, City Code Section 32-1, Subdivision, Subd. 4(9) indicates alternative design standards may be considered when there are 'unique conditions'. Since the property has many mature trees, and none of them will be removed to develop the lots, the City should consider waiving the requirement for the landscaping trees. ALTERNATIVES A. Approval If the Planning Commission finds the public necessity and the general community welfare warrant the rezoning and that amendment is in general conformance with the principles and policies set forth in the comprehensive plan and any adopted area or specific plan, then the Commission should move to recommend approval of the rezoning of the property at 8080 Neal Avenue North to RA - One Family Residential. If the Planning Commission finds the Preliminary and Final Plats to be consistent with the purpose of the Subdivision Ordinance, the Commission could move to recommend approval, with or without conditions. B. Table If the Planning Commission finds that the application is not complete enough to make a decision, it could continue the review for additional information. C. Denial If the Planning Commission finds the proposal is not consistent with the requirements set forth for Zoning Map Amendments, or Preliminary and Final Plat review, the Commission could recommend denial of the application. The Commission should indicate a reason for the denial and state whether or not the denial is with prejudice. FINDINGS AND RECOMMENDATION Regarding the rezoning, staff finds public necessity and the general community welfare warrant the adoption of the amendment and that the amendment is in general conformance with the principles and policies set forth in the comprehensive plan and any adopted area or specific plan. Regarding the Preliminary and Final Plats, staff finds both to be consistent with the purpose of the Subdivision Ordinance. Therefore, staff would recommend a Planning Commission recommendation of approval with the following conditions: 1. All future electrical and communications utility lines shall be buried. 2. If determined acceptable by the Park and Recreation Commission, this development will be responsible for paying $5,000 to the City for park and trail dedication fees. These fees will be due prior to release of the final plat from the City for recording with Washington County. CPC 9/13/2017 8080 Neal Avenue North Page 4 of 5 3. This development shall be responsible for paying 2017 development impact fees including the Transportation Adequacy/Mitigation Fee, the AUAR fee and trunk sewer and water fees. Rates may be adjusted, annually. These fees shall be due prior to release of the final plat for recording with Washington County. ATTACHMENTS Site Location Map Preliminary Plat Concept Grading Plan Final Plat CPC 9/13/2017 8080 Neal Avenue North Page 5 of 5 �ax.,... 111111161-1 .:�0 ' cSjillwater The Birthplace of Minnesota n �,11 '., — - W 'r� E ���. t. k t � E8080 Site Location Map Neal Ave North n . ', SJOF CT J d/,.. F.:.a-. �' ��yy s � ��� ,, WALNUT CREEK DRIVE ' �l.... ,... �'C = Ph is r '4A O LGAP Z 10 . " 7')N•,GO 2 ", `� w < , �� ti s. QU - + p rG a a'h�'a i — y i! r� 0 215 430 860 Feet . Q �� Z bo `* -1ii w : • 4,,t-- •—{ -► .,`;--'y u General Site Location CC ,� -' • . ° • !, . T +• eI ° f ` j O l ' • •y 1 i E w +y r G 1' a f$4 tl 4 ' .. a • • 1 Z1 ID 4 444 r, , r- / /- (Y- I-- H . // /L - . 1 L_ L_ ./ I . .1/ n L- 1 \r% LEGAL DESCRIPTION: X 890.3 A A 889.9 4coS r X 890.6 0q0. X 892.3 X 892.8 FOUND 1/2 INCH - IRON PIPE 893.2 \.L� . \ MARKED "STACK" g013 /' X892.9 12" 14" 10" X 892.8 X892.4 12" 14" X892 X893.1 6 X 893.4 / � • 9 X 891.0 A A � � J 6 9 89 X 891.3 X 591.6 A`•`, ITC 0 0 q0 89/ c 0 • 6 X 8926 X qui 0 v 1 ' 69 ► A X892.0 6 9 X 892.4 a3 10 PER PLAN X 892.6 r -r <892 6 C 24" m X 892.5 j FENCE 12" POST 892 2 9 \ +1 PER PLAN 4 r X891. _ rt 05 I I 1 co FENT ,POS r I X 892.3 X 591.9 X892.4 o m B5B 9S9 X892.6 X 892.5 BSB X 892.61611 � � 1 � 1 _ \\ \ r ` / X892.4, 1i V C I �\ 1 1_ FENCE LcT POST 6 1 <X 591.5 10 aa m v 9S9 12 8910 X89 / T6, Lot 6, Block 2, NEAL MEADOWS, Washington County, Minnesota EASEMENT VACATION X 692.0 X 891.6 14" 6 14" THE FOLLOWING REQUEST TO VACATE ALL EXISTING DRAINAGE AND UTILITY EASEMENTS COVERING THE EXISTING LOT 6. NEW EASEMENTS WILL BE DEDICATED ON THE PROPOSED PLAT OF NEAL MEADOWS 4TH ADDITION. Those particular Drainage and Utility Easements over all of Lot 6, Block 2, as dedicated on the plat of NEAL MEADOWS, Washington County, Minnesota. DEVELOPEMENT DATA TOTAL PARCEL AREA = 54,473 SQ. FT. LOT 1, BLOCK 1 = 28,946 SQ. FT. LOT 2, BLOCK 1 = 1 2,636 SQ. FT. LOT 3, BLOCK 1 = 1 2,891 SQ. FT. BUILDING SETBACKS: FRONT = 30' REAR = 10' REAR = 25' MAX 30% LOT COVERAGE to 12" X 89 .9 12" 6 /0 B5B X892.1 24"TWIN 0(1-: 10 9S9 N89 5-1-'4W 141.10 X X 893.1 893, I X 002\ X 69 o- ▪ - - 20 I X co co >A593 .8 X 894.9 N89°51 '43"W 9 303.93 X893.6 10" 53 3k 959 8q2 9S9666 y+959 ID 10" 18" 2 BSB 892.5 16" 0 - CO X893.0 BENCHMARKS co BSB 24" LL I H9 RSNIJSHOE HO N CD X 894.3 3D X 895.4 X8 5.3 sa58X 16"T IN 10 893.9 15" X894.4 X894.2 6' X894.4 X 894.7 X 894.7 94.� 0Soo moo BLOCK 1 X 894. SESHOE 894.6 H --20-- 61' 3 ELEVATIONS BASED ON NAVD 88. SURVEY NOTES: 12' X83.6 C 12"" X 894.2 894. X894.0 Cr - 00, 894.0 1 . BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THE WASHINGTON COUNTY SURVEYORS OFFICE. 2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND AS-BUILTS PLANS PROVIDED BY THE CITY OF STILLWAER PUBLIC WORKS DEPARTMENT. 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. • 12 \ O 153(ham .6 1 1 /1 X895.11 POSSIBLE FUTU RE LOT 1 (12,800 SQ. FT.) x 895.21 ' "TWIN X 895.5 X 895.3 FENCE X 160.00 o` X 8- 95.7 / 895.4 X 895.1 1858 X695.5\FUTURE LOT 12 o - co X 896.0 FIREPING' 969 X X8•%.9 116J 12"f X 896.2 0: ro* '9 969 X896.1 1 14" k ro A A X 896.8 0 ID ID 3D o coo X 896.9 X89-7.4 X 897.7 X 897.3 m co 897.4 X897_7 _ X895.2 15.0 II X1895.3 10 X8959 298.28 S89°51'43"E A-- 4 20" 5▪ ' 8" X 8416.7 U 898.7X 89 /////2 23 8 ro /3 23 0 0 -- SQ co I 0- • roi 22.3 6 - AC % 99 1 6 89 / C5 z x0 11.1 36.0 (V PER PLAN 0,Q e9& 7,1< 2.1 C5 0.67 / _/ d 7:599 5 X899.4 h 4 0/0\00/ X 899.4 7 ID 50 X 599.2 /2„ 12" 49.7 - fo X599 5 899.0 DECK 0- 98.9 GM 449 1 9- X898. 1 J 2898.7 B9 8 / / 898.2 97.9 T 10"TR8IP/ gq1----�C897 PER PLAN WELL X 897.2 UNDERGROUND UTILITIES NOTES: QUAD" 18 16, THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPROMISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. GOPHER STATE ONE CALL LOCATE TICKET NUMBER 171861159. SOME MAPS WERE RECEIVED, WHILE OTHER UTILITIES DID NOT RESPOND TO THE LOCATE REQUEST. ADDITIONAL UTILITIES OF WHICH WE ARE UNAWARE MAY EXIST. CALL BEFORE YOU DIG! Gopher State One Call TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 X898.2 X95 6 898.7 14" X 599.2 LILICHT I X 899.4 o- 60 ro _71 2< ID 6 m ro 10 0 CZ L899 9 7/ 89 900.0X 6 co LEGEND: • ITVI 16191 IETI 0 FOUND MONUMENT MARKED RLS NO. 25718 CABLE TV PEDESTAL AIR CONDITIONER ELECTRIC MANHOLE ELECTRIC METER ELECTRIC PEDESTAL ELECTRIC TRANSFORMER LIGHT POLE GUY WIRE POWER POLE GAS MANHOLE GAS METER TELEPHONE MANHOLE TELEPHONE PEDESTAL SANITARY CLEANOUT SANITARY MANHOLE CATCH BASIN 10 or ED STORM DRAIN FLARED END SECTION STORM MANHOLE 9/ 99 NORTH X 897.3 X 898.0 PER PLAN PER PLAN FIRE DEPT. CONNECTION HYDRANT CURB STOP WATER WELL WATER MANHOLE WATER METER POST INDICATOR VALVE WATER VALVE BOLLARD FLAG POLE MAIL BOX TRAFFIC SIGN UNKNOWN MANHOLE SOIL BORING TRAFFIC SIGNAL . CONIFEROUS TREE DECIDUOUS TREE 0 20 UTV OF UT OU 3> UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND FIBER OPTIC UNDERGROUND TELEPHONE OVERHEAD UTILITY UNDERGROUND GAS SANITARY SEWER STORM SEWER WATERMAIN FENCE CURB [TYPICAL] 40 CONCRETE SURFACE BITUMINOUS SURFACE 1\1 EA L_ m EAIDOWS 4TH ADDITION PRELIMINARY PLAT OWNER: Stephen and Barbara Kochendorfer 8080 Neal Ave. N Stillwater, MN 55082 651-439-5997 COUNTY/CITY: 4C I VICINITY MAP vi CREEK NOT TO SCALE DATE 8-9-17 WASHINGTON COUNTY, MN REVISION CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Daniel L. Thurmes Registratio Number: 25718 Date: 8-9-17 PROJECT LOCATION: CO E; CO NEAL. AVE. N. Suite #1 6750 Stillwater Blvd. N. Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 cssurvey .net CORNERSTONE LAND SURVEYING, INC. FILE NAME PROJECT NO. PRELIMINARY P LAT • \ ; LEGAL DESCRIPTION: X890.3 A \ r\ A A X 890.6- 9' Uro oQ� oZ IB 0Z 63 ‘33 d0OU >-0 yQI DS<\\- O_ oOO1 o01o0Ooc„.5OX891.3 I \\ \\ X 891.6 \ \ \ \ \ \ \ N ' A 891 89/. 3.2 1 10 Ek PL; 8.0 X 892.3 X 892.8 FOUND 1/2 INCH IRON PIPE MARKED "STACK" 14" 92A C8-91PX n /tiX892.6 2.0 % 'aid 10" X 892.8 r 24" X 892.5 12" 12.0% X _ 89 2.0 `n 1 11 11 1 III II 1 BSB 42.30 IJJ V) a D OD- r O 11 1 z oC m l d 0 a 1 __`\;\\I rn Q\ ooV w <' II 1\ 42.30 MMMMMMMMMM 9S9 9S9 X 892.4 12" 14" X 892 X8q` X 893.4 N89°51 '43"W 303.93 X 894.'' r 1 9S9 X 895.4 X 895.3 g;_ FXENCE x X 898.9 X896.1 b (O. ------ A A D 96.8 aq.q CO 0 op 7 897.4 I 0 X897.7 9591 J 14" 50.00 14" X 895.4 110 X 895.7 X 893.0 X 895.5 n9I X 895.3 3 =u N89 5-1-'4W 2.0 % 141.10 x O I I � '> FUTU RE LOT POSSIBLE 95.4 895.9 X BSB X 89E2 W V1� D O5; =o�� d CO N 12 � II O 1 r UJ al X 897 10" O K.'4../ O V1 C D II 1 OMo 0II o CL. <=]FIRERING X 896.3 O A Z o u ou �a 5>tri 0 - 02 17 O O (/) 9S9 - - L v GI 1 8.0 % I x 2.0 m m Cg94.-0 41.00 w-' (/) 0 � : 0 D - = O '^ CS) p o, 0o o O01o� 858 C1_00 O 11 Ce 0- 41.00 894.6 Lot 6, Block 2, NEAL MEADOWS, Washington County, Minnesota EASEMENT VACATION -.)Ifi X 92.0 14"+ `2 14" THE FOLLOWING REQUEST TO VACATE ALL EXISTING DRAINAGE AND UTILITY EASEMENTS COVERING THE EXISTING LOT 6. NEW EASEMENTS WILL BE DEDICATED ON THE PROPOSED PLAT OF NEAL MEADOWS 4TH ADDITION. Those particular Drainage and Utility Easements over all of Lot 6, Block 2, as dedicated on the plat of NEAL MEADOWS, Washington County, Minnesota. DEVELOPEMENT DATA TOTAL PARCEL AREA = 54,473 SQ. FT. LOT 1, BLOCK 1 = 28,946 SQ. FT. LOT 2, BLOCK 1 = 1 2,636 SQ. FT. LOT 3, BLOCK 1 = 1 2,891 SQ. FT. 12 X 891.9 12" 82 X 892.1 - 10 1.6 10" 0 0 2 16 959 1• B5B B58 •O X'893.0 BENCHMARKS ELEVATIONS BASED ON NAVD 88. SURVEY NOTES: GO 12 9GO 24"14, ci\l LL I HQIRSEIISHOE HO 894.3 894.6 SE4HOE �- 20 -- I 61 1 co ro X 893.6 12" X 894.2 894 5k X 894.0 CO 824.0 1 . BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THE WASHINGTON COUNTY SURVEYORS OFFICE. 2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND AS-BUILTS PLANS PROVIDED BY THE CITY OF STILLWAER PUBLIC WORKS DEPARTMENT. 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. 891. O CO 00 o0 BLOCK 1 X 895.2 `a; X195.0 X1895.3 CO X 899.3 10 r -- X895.1 1 u 298.28 S89°51 '43 "E 20" CLUMP_+ (oa 22" 0 PER PLAN 1 X:'5.g 1\FUTURE LOT NE > PER PLAN 0,0 e9e 898 qII X 899.5 X 899.4 X 899.2 cr 03 4 0 11.5 / 9p40 O e L 0.60 , X 899.4 jgoo/ X8gg5 C`,.// >F 899.0 / PER PLAN WELL 9 DECK \ 10"TRIP \� O T 01.0 x:898.7 e9 B >f 898.2 -- '8' �q1-1---XSg7' 8" X 896.7 UNDERGROUND UTILITIES NOTES: QUAD" 18 THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPROMISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. GOPHER STATE ONE CALL LOCATE TICKET NUMBER 171861159. SOME MAPS WERE RECEIVED, WHILE OTHER UTILITIES DID NOT RESPOND TO THE LOCATE REQUEST. ADDITIONAL UTILITIES OF WHICH WE ARE UNAWARE MAY EXIST. CALL BEFORE YOU DIG! Gopher State One CaII TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 X 898.1 X 898.3 12" X 898.7 0 14" 0 LEGEND: • FOUND MONUMENT 0 TV IACI IEPI ETI IGI 11 0 101 SET 1 /2" IRON PIPE MARKED RLS NO. 25718 CABLE TV PEDESTAL AIR CONDITIONER ELECTRIC MANHOLE ELECTRIC METER ELECTRIC PEDESTAL ELECTRIC TRANSFORMER LIGHT POLE GUY WIRE POWER POLE GAS MANHOLE GAS METER TELEPHONE MANHOLE TELEPHONE PEDESTAL co SANITARY CLEANOUT O SANITARY MANHOLE 0 or 0 CATCH BASIN 0 or ❑ STORM DRAIN FLARED END SECTION O STORM MANHOLE NORTH 0 0 0 IWMI 0 0 4- O X901.9 FIRE DEPT. CONNECTION HYDRANT CURB STOP WATER WELL WATER MANHOLE WATER METER POST INDICATOR VALVE WATER VALVE BOLLARD FLAG POLE MAIL BOX TRAFFIC SIGN UNKNOWN MANHOLE SOIL BORING TRAFFIC SIGNAL . CONIFEROUS TREE 1\ DECIDUOUS TREE 0 20 UE UTV UF UT OU UG A A A A Ll UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND FIBER OPTIC UNDERGROUND TELEPHONE OVERHEAD UTILITY UNDERGROUND GAS SANITARY SEWER STORM SEWER WATERMAIN FENCE CURB [TYPICAL] 40 CONCRETE SURFACE BITUMINOUS SURFACE NJ EA L M EAIDOWS 4TH ADDITION CONCEPTUAL GRADING OWNER: Stephen and Barbara Kochendorfer 8080 Neal Ave. N Stillwater, MN 55082 651-439-5997 COUNTY/CITY: WASH 1 NGTON c i U IV Y I-rY OF 5T1 LLWATEF VICINITY MAP o (STAT�EW (\NOOD RD NOT TO SCALE SEC. 19, TWP. 30, RNG. 20, WASHINGTON COUNTY, MN REVISIONS: DATE 8-8-17 REVISION PRE -PLAT CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. /0U.L'LltArf'" Daniel L. Thurmes Registratio Number: 25718 Date: 8-8-17 PROJECT LOCATION: z 8 0 80 NEAL. AVE. N. PID#1903020440004 O Suite #1 6750 Stillwater Blvd. N. Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 dan@ cssurvey .net 0 CORNERSTONE LAND SURVEYING, INC. FILE NAME PROJECT NO. CONCEPTUAL GRADING PLAN ,i r- I- -t'c� 1iriF- VICINITY MAP NOT TO SCALE NEAL MEADOWS 4TH ADDITION N89°51 '43"W 03.93 (STATEpeu WOOD 2) MANNING AVE z eR01,1/ ,s (co. 20. N0. 64) CREEK MCKUSICK BOTH ST OUTWELL 20. N. BROW TR42 NS CREEK SITE Zb nl � SEC. 19, TWP. 30, RNG. 20, WASHINGTON COUNTY, MN NEAL AVE. N. r r 7 N89°51 '43"W 141.10 C Y , 2 20 �- - 10 7-- 4' BLOCK 1 O 298.28 S89°51 '43 "E THE ORIENTATION OF THIS BEARING SYSTEM IS BASED UPON THE EAST LINE OF THE SW 1/4 OF SEC. 19, T30, R20, WHICH IS ASSUMED TO HAVE THE BEARING OF N00°O 1 '56"E O DENOTES SET 1/2 INCH X 18 INCH IRON PIPE MARKED R.L.S. 25718 UNLESS OTHERWISE INDICATED. • DENOTES FOUND 1/2 INCH IRON PIPE MARKED UNLESS OTHERWISE INDICATED 1 ( 4-3\ -EAST 1/4 w ! CO2NE2 OF CO <r SEC. 19, 330, 820, FOUND 5222E3 NAIL O (Al 589°51'43"E N89°51'43"W 1 0.81 32.19 --y„” 10 10 - - 33 ( 33 60 L 0/ 0/0/ -mu__,' Q �� 0/O �- - 3-- 32.53 ---- 089°51'43"W / DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: (NOT TO SCALE) 10) 5 f 5 10 L— i BEING 10 FEET IN WIDTH AND ADJOINING STREET LINES AND BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES AND BOUNDARY UNLESS OTHERWISE SHOWN ON THE PLAT. -0.48 S89 51'43"E Loco _Lc)N z z SE CO2NE2 OF O N SEC, 16, 530, z 220, FOUND -' 5022E2 NAIL 1 IA //1 1 / "' / —I— I/1/ 1 /- - - /-LMS `i / • KNOW ALL PERSONS BY THESE PRESENTS: That Stephen J. Kochendorfer and Barbara K. Kochendorfer, husband and wife, fee owners, of the following described property situated in the County of Washington, State of Minnesota, to wit: Lot 6, Block 2, NEAL MEADOWS, Washington County, Minnesota Have caused the same to be surveyed and platted as NEAL MEADOWS 4TH ADDITION and does hereby dedicate to the public for public use forever the easements created by this plat for drainage and utility purposes only. In witness whereof said Stephen J. Kochendorfer and Barbara K. Kochendorfer, husband and wife have caused these presents to be signed this day of , 201___. Stephen J. Kochendorfer Barbara K. Kochendorfer STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing instrument by Stephen J. Kochendorfer and Barbara K. Kochendorfer, husband and wife , was acknowledged before me on this day of , 201___. Notary Public County, Minnesota My Commission Expires January 31, 2020 I, Daniel L. Thurmes, do hereby certify that I have surveyed and platted or directly supervised the surveying and platting of the property described on this plat as NEAL MEADOWS 4TH ADDITION; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; all mathematical data and labels are correctly designated; all monuments depicted on the plat have been correctly set; all water boundaries and wet lands as of this date, as defined in Minnesota Statutes Section 505.01, Subd. 3, are shown and labeled; and all public ways are shown and labeled on this plat. Dated this day of , 201___. Daniel L. Thurmes, Licensed Land Surveyor, Minnesota License No. 25718 STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing Surveyor's Certificate was acknowledged before me on this day of , 201___, by Daniel L. Thurmes, Licensed Land Surveyor. Notary Public, Dakota County, Minnesota My Commission Expires January 31, 2020 PLANNING AND ZONING COMMISSION OF THE CITY OF STILLWATER The foregoing plat of NEAL MEADOWS 4TH ADDITION was approved and accepted by the Planning and Zoning Commission of the City of Stillwater, Minnesota, this day of , 201____. By its Chairperson By its Secretary CITY COUNCIL OF THE CITY OF STILLWATER This plat of NEAL MEADOWS 4TH ADDITION was approved by the City Council of the City of Stillwater, Minnesota, this day of , 201___ and hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03, Subd. 2 By , Mayor By , Clerk WASHINGTON COUNTY SURVEYOR Pursuant to Chapter 820, Laws of Minnesota, 1971, and in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 201 By By Washington County Surveyor WASHINGTON COUNTY AUDITOR/TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 201___, on the land hereinbefore described, have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered, on this day of 201 By Washington County Auditor/Treasurer By Deputy WASHINGTON COUNTY RECORDER Document Number hereby certify that this instrument was recorded in the Office of the County Recorder for record on this day of , 201___, at ____ o'clock ____. M., and was duly recorded in Washington County Records. By Washington County Recorder By Deputy NORTH 0 30 60 SCALE: 1 INCH = 30 FEET SCALE IN FEET CORNERSTONE LANE) SURVEYING, INC ORDINANCE AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE, BY AMENDING THE ZONING MAP OF THE CITY TO REZONE CERTAIN PROPERTY WITHIN THE AP - AGRICULTURAL PRESERVATION DISTRICT BY ADDING THEM TO THE RA - ONE FAMILY RESIDENTIAL DISTRICT The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. The zoning of the subject property, location of which is legally described as: Lot 6, Block 2, Neal Meadows is hereby amended to RA, One -Family Residential. This proceeding is known as Planning Case No. 2017-40. Section 2. This Ordinance shall be in full force and effect from and after publication according to law. Section 3. In all other ways the Stillwater City Code shall remain in full force and effect. Adopted by the City Council this 3rd of October, 2017. ATTEST: Diane Ward, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor Page 1 of 1 September 19, 2017 RESOLUTION CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING THE DRAINAGE AND UTILITY EASEMENTS IN LOT 6, BLOCK 2, NEAL MEADOWS CASE NO. 2017-40 WHEREAS, Stephen and Barbara Kochendorfer ("Kochendorfers") are the owners of Lot 6, Block 2, Neal Meadows, Washington County, Minnesota ("Property"); WHEREAS, drainage and utility easements are presently located within the Property; WHEREAS, Kochendorfers, submitted an application to have the Property replatted as part of a new plat known as NEAL MEADOWS 4TH ADDITION ("Final Plat"); WHEREAS, in connection with the Final Plat, the drainage and utility easements located within the Property were requested to be vacated as depicted on Exhibit A attached hereto; WHEREAS, it is in the public's interest to vacate the drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED, that the City of Stillwater hereby vacates the drainage and utility easements on Lot 6, Block 2, Neal Meadows, as depicted on Exhibit A effective as of the date of this Resolution; and be it further RESOLVED, this Resolution shall constitute a notice of completion and the City Clerk is hereby authorized and directed to file this Resolution with the office of the County Auditor to be entered into the transfer record and then record it with the office of the County Recorder. Adopted effective as of 19th September, 2017. ATTEST: Diane F. Ward, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor Page 1 of 1 September 19, 2017 EXHIBIT A OFFICIAL PLAT Es[ .1! V°61' 4r't C4- CEN 4 ~moo Our'. 'r 1.' 4474: As.. re*, NEAL MEADOWS Ir011,14rer r5..- d d dr 6,22,e J4iE /524. r AVENUE r-- - Iwo ...r.eaezer newt. Apr. AV. AMPS! Zar 2; ,War:•"""'"•_.17.4.,-,.,7; SCALE IN FEET ' 10teo 10 3SO 00 FM r501 • MEP FEET 4 NORTH 44, °Ulf 10t 1 snot 4N SURVEYING 9090 relzy F.fli 900 00 St I11.11tor /II ilhoso%O. 554061 tel. (cap ill -5930 r 1 h T- 11 F1 rt 7e of as 4 0,04 Y 44'- •+7;0 uln 7,1*.frif — r Nir. 4. ee, -pow .422. :74 BP,1•40_1,35„,_ re.• * '''fteer • 1.02,,eirl.w —T / om • -1 - - I - — - _ -'7470 ± , **. 9. k ,t`t,j1 FL, 14, 4,44, 0 4 ;4 - -4.4a7 2 001..21 / 4.42 4•• roASt, 2,2 2 • iv/a, er. dal Ai, ISA' A 4 0 Ar.r...?".., Tsd‘ SHEET 2 OF 2 SHEETS RESOLUTION CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING PRELIMINARY PLAT AND FINAL PLAT FOR NEAL MEADOWS 4TH ADDITION CASE NO. 2017-40 WHEREAS, Stephen and Barabara Kochendorfer ("Kochendorfers") has submitted an application for approval of: 1. Rezoning of the property at Lot 6, Block 2, Neal Meadows; and 2. Vacation of a Drainage and Utility Easement; and 3. Preliminary Plat for Neal Meadows 4th Addition as shown on Exhibit A; and 4. Final Plat for Neal Meadows 4th Addition as shown on Exhibit B. WHEREAS, 011 September 13, 2017 the Planning Commission held a public hearing on the associated requests and upon hearing testimony from the public unanimously approved with conditions; and WHEREAS, on September 19, 2017 the City Council held a public hearing on the requests and found them to be compatible with the neighborhood and consistent with the City's Zoning Ordinances, Subdivision Ordinances, and Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Preliminary Plat and Final Plat for Neal Meadows 4th Addition with the following conditions: 1. The site shall be developed in substantial conformance with the plans on file with the Community Development Department, including those below, except as may be modified by the conditions herein: • Preliminary Plat 8/8/2017 • Grading, Drainage, Paving, Erosion Control 8/8/2017 • Final Plat 8/8/2017 2. All future electrical and communications utility lines shall be buried. 3. If determined acceptable by the Park and Recreation Commission, this development will be responsible for paying $5,000 to the City for park and Page 1 of 3 September 19, 2017 trail dedication fees. These fees will be due prior to release of the final plat from the City for recording with Washington County. 4. This development shall be responsible for paying 2017 development impact fees including the Transportation Adequacy/Mitigation Fee, the AUAR fee and trunk sewer and water fees. Rates may be adjusted, annually. These fees shall be due prior to release of the final plat for recording with Washington County. 5. The Final Plat shall not be effective until the property is legally rezoned to RA - One Family Residential. Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of September, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk ,i r- I- -t'c� 1iriF- VICINITY MAP NOT TO SCALE NEAL MEADOWS 4TH ADDITION N89°51 '43"W 03.93 (STATEpeu WOOD 2) MANNING AVE z eR01,1/ ,s (co. 20. N0. 64) CREEK MCKUSICK BOTH ST OUTWELL 20. N. BROW TR42 NS CREEK SITE Zb nl � SEC. 19, TWP. 30, RNG. 20, WASHINGTON COUNTY, MN NEAL AVE. N. r r 7 N89°51 '43"W 141.10 C Y , 2 20 �- - 10 7-- 4' BLOCK 1 O 298.28 S89°51 '43 "E THE ORIENTATION OF THIS BEARING SYSTEM IS BASED UPON THE EAST LINE OF THE SW 1/4 OF SEC. 19, T30, R20, WHICH IS ASSUMED TO HAVE THE BEARING OF N00°O 1 '56"E O DENOTES SET 1/2 INCH X 18 INCH IRON PIPE MARKED R.L.S. 25718 UNLESS OTHERWISE INDICATED. • DENOTES FOUND 1/2 INCH IRON PIPE MARKED UNLESS OTHERWISE INDICATED 1 ( 4-3\ -EAST 1/4 w ! CO2NE2 OF CO <r SEC. 19, 330, 820, FOUND 5222E3 NAIL O (Al 589°51'43"E N89°51'43"W 1 0.81 32.19 --y„” 10 10 - - 33 ( 33 60 L 0/ 0/0/ -mu__,' Q �� 0/O �- - 3-- 32.53 ---- 089°51'43"W / DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: (NOT TO SCALE) 10) 5 f 5 10 L— i BEING 10 FEET IN WIDTH AND ADJOINING STREET LINES AND BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES AND BOUNDARY UNLESS OTHERWISE SHOWN ON THE PLAT. -0.48 S89 51'43"E Loco _Lc)N z z SE CO2NE2 OF O N SEC, 16, 530, z 220, FOUND -' 5022E2 NAIL 1 IA //1 1 / "' / —I— I/1/ 1 /- - - /-LMS `i / • KNOW ALL PERSONS BY THESE PRESENTS: That Stephen J. Kochendorfer and Barbara K. Kochendorfer, husband and wife, fee owners, of the following described property situated in the County of Washington, State of Minnesota, to wit: Lot 6, Block 2, NEAL MEADOWS, Washington County, Minnesota Have caused the same to be surveyed and platted as NEAL MEADOWS 4TH ADDITION and does hereby dedicate to the public for public use forever the easements created by this plat for drainage and utility purposes only. In witness whereof said Stephen J. Kochendorfer and Barbara K. Kochendorfer, husband and wife have caused these presents to be signed this day of , 201___. Stephen J. Kochendorfer Barbara K. Kochendorfer STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing instrument by Stephen J. Kochendorfer and Barbara K. Kochendorfer, husband and wife , was acknowledged before me on this day of , 201___. Notary Public County, Minnesota My Commission Expires January 31, 2020 I, Daniel L. Thurmes, do hereby certify that I have surveyed and platted or directly supervised the surveying and platting of the property described on this plat as NEAL MEADOWS 4TH ADDITION; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; all mathematical data and labels are correctly designated; all monuments depicted on the plat have been correctly set; all water boundaries and wet lands as of this date, as defined in Minnesota Statutes Section 505.01, Subd. 3, are shown and labeled; and all public ways are shown and labeled on this plat. Dated this day of , 201___. Daniel L. Thurmes, Licensed Land Surveyor, Minnesota License No. 25718 STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing Surveyor's Certificate was acknowledged before me on this day of , 201___, by Daniel L. Thurmes, Licensed Land Surveyor. Notary Public, Dakota County, Minnesota My Commission Expires January 31, 2020 PLANNING AND ZONING COMMISSION OF THE CITY OF STILLWATER The foregoing plat of NEAL MEADOWS 4TH ADDITION was approved and accepted by the Planning and Zoning Commission of the City of Stillwater, Minnesota, this day of , 201____. By its Chairperson By its Secretary CITY COUNCIL OF THE CITY OF STILLWATER This plat of NEAL MEADOWS 4TH ADDITION was approved by the City Council of the City of Stillwater, Minnesota, this day of , 201___ and hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03, Subd. 2 By , Mayor By , Clerk WASHINGTON COUNTY SURVEYOR Pursuant to Chapter 820, Laws of Minnesota, 1971, and in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 201 By By Washington County Surveyor WASHINGTON COUNTY AUDITOR/TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 201___, on the land hereinbefore described, have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered, on this day of 201 By Washington County Auditor/Treasurer By Deputy WASHINGTON COUNTY RECORDER Document Number hereby certify that this instrument was recorded in the Office of the County Recorder for record on this day of , 201___, at ____ o'clock ____. M., and was duly recorded in Washington County Records. By Washington County Recorder By Deputy NORTH 0 30 60 SCALE: 1 INCH = 30 FEET SCALE IN FEET CORNERSTONE LANE) SURVEYING, INC Si S f M I N N E S P I A CITY COUNCIL MEETING DATE: REGARDING: PREPARED BY: September 19, 2017 CASE NO.: 2017-35 Consideration of an Appeal to the Planning Commission denial of a Variance request from Chuck Dougherty for a variance to the CBD Height Overlay District - Parkside District for accessory rooftop uses associated with the Water Street Inn expansion, 101 Water Street South Abbi Jo Wittman, City Planner BACKGROUND On August 23, 2017, in a 3-1 vote with Commissioner Hade dissenting, the Planning Commission denied a variance request from Roger Tomten, ARCHNET, representing Chuck Dougherty with the Water Street Inn, 101 Water Street South. The variance request was to allow rooftop improvements including an enclosed bar and kitchen, service station and storage area, two restrooms, elevator bulkhead and enclosed/covered lobby, and two sets of stairs. These improvements would have a height of 48', whereas the maximum permitted height for the addition is 44'.1 Chuck Dougherty has filed an appeal. The appeal letter not only challenges the Planning Commission's decision but also the staff's interpretation that the maximum allowed height is 44'. SPECIFIC COUNCIL CONSIDERATION City Code Section 31-217 indicates "all appeal hearings will be de novo" which requires reconsideration of the original request. A complete analysis of City regulations pertaining to the requested variance is included in the attached original planning report. In addition to the original planning report, attachments and minutes, the letter of appeal, and newly - received public comment, staff has also attached City Code Section 31-403, CBD Height Overlay District. While this information was not included as a part of the original planning packet submission, this is information Planning Commissioner's receive as a part of new Commissioner training and have digital and hardcopy access to consult in the review of land use applications. The Council can refer to these materials for a more complete understanding of the nature of the request. 1 20% higher than the existing 40' height of the adjacent structure Also, on September 5, 2017, the City received a letter of objection to the proposal from Dr. Sabongi, representing Britannia Holdings, Inc., owner of 101 Water Street South (commonly referred to as "Stillwater Antiques"). COUNCIL ACTION After conducting the public hearing, the City Council should conceptually approve or deny the appeal. Depending upon your decision, staff will then either prepare Findings of Fact for Denial or a Resolution of Approval for the October 3rd Council Meeting. ATTACHMENTS Dougherty Appeal Letter Public Comments: Dr. Sabongi City Code Section 31-403, CBD Height Overlay District August 23, 2017 Special Planning Commission Meeting Minutes Planning Commission Report Case No. 2017-35 CC: September 19, 2017 Page 2 of 2 September 5"', 2017 My name Dr Sabongi and we own the property at 101 Main Street So, the previous Central Bank Building which my wife currently operates as an Antique Mall "Stillwater Antiques" and has been there for the past 22yrs. Our property is located on the corners of Main, Myrtle and Water Streets with a private parking lot on Myrtle and Water Street corner. The property is opposite to the current street level outdoor bar of Water Street Inn and would be facing the proposed addition. Here are our concerns 1. Increased traffic with increased customers This proposed expansion will bring with it increased business to the Water Inn but also with it the unwanted increased customers and traffic at Water Street and Myrtle Street intersection which interferes with access for our customers, to our location and in turn affects our business. 2. Lack of Parking for the increased customers This expansion will bring with it new parking problems since currently there is no space for the current customers let alone the proposed increase. Water Street Inn has currently failed to addressed the parking needs for their current bar customers level and we currently suffer from its consequences since these customers park illegally at our private parking lot, thus interfering with our business, access to our back door, our liabilities and the increased trash spilled all over our lot. We had brought this illegal parking issue to the attention of the Water Street Inn management on several occasions with no resolution. We have refrained from towing the illegally parked cars as a neighborly gesture but that did not help either. The Water Street Inn excludes their current bar customers from parking in their own parking lot which is surprising, since they are their own customers. 3. Noise Pollution Having live bands with loud amplifiers spilling their unwanted music pollutes our indoors shopping experience and negatively impacts our business due to loud noise that starts about mid-day till beyond sunset and which distracts our customers from shopping within our serene environment. 4. Urban sprawl along the St Croix Stillwater is one of the few river cities that can boast a balanced environment of retail, novelties and restaurants in harmony with the outdoors open unhindered scenery and access to the river. This proposed build up will destroy a good portion of the St Croix Scenery and access and in turn negatively impact the surrounding properties and business through their market values and the reduction in visitors who will object to the sprawl build up along the river which will be economic disadvantage to the whole town. Attached below are photos of the open St Croix scenic access that would be destroyed by the proposed build up. This is a popular access to downtown Stillwater via Myrtle Street. It provides the first glimpse of our beautiful River town. It is an impressive open view of the Lift Bridge and river, both signatures of Stillwater and Lowell Park. All this scenic open view will be totally blocked and destroyed with the proposed build up. (You can visualize that proposed blockage in the right corner of the attached photos across the river and lift bridge). 5. Local security and associated cost Having another larger bar in Stillwater may be beneficial to the Water Street Inn but for sure will bring with it more security and public safety issues which normally accompany bar activities and clients. Economically this will negatively impact the city's law enforcement, time, funding and public safety as we have seen over the years from Lumber Jack events and other similar increased gathers combined with alcohol consumption. 6. Spiral decline of the Stillwater Real Estate Tax basis This development will and would be used in the future as a precedent to the full development and urban sprawl of this scenic stretch of open St Croix River land. Consequently this will drive away business investment in the surrounding real estate, which in turn will depress market values, and put downwards pressure on taxable values, lower collected taxes and probably force a tax rate hike to balance the books and that would depress the market values even more and so on. This financial fact should be enough basis to reject this expansion and development proposal. 7. History repeats itself We respectfully would like to bring to the attention of this meeting that in the recent past the Water Street Inn had applied for a full development of this site and the adjacent parking lot which the City Council rightfully declined to approve. The facts that were the basis of the previous rejection still hold true to this current proposed development and bar expansion and the past facts upon which the council rejection decision was made should be entered on record as additional basis to the rejection of the current plan and its appeal. Based on the above summary of concerns we are voicing our objection on the proposed build up and expansion of the current bar facilities for the Water Street Inn. Thank you Dr Sabongi and Stillwater Antiques Mall Rof 111311 II FFI+!i 1II_I_huui.;.E StI 1 jwater Planning Department Sec. 31-403. CBD height overlay districts. (a) Purpose. The city council finds that the Central Business District (CBD) has been the core area of the city and its most identifiable resource. Since 1930 when Lowell Park was established through the generosity of Elmore Lowell and the cooperation of the Federal Government WPA program, Lowell Park and the downtown have served as the gateway to the city. The CBD has become a desirable place to work, shop, live and enjoy cultural and recreational activities and it is therefore apparent that regulations be adopted that will preserve and enhance the essential character of the downtown and that structures be limited in height in order that structures close to the river not rise above the height of structures farther from the river. (b) Height standards. In addition to, and not in lieu of other official controls, all buildings and uses hereafter proposed for construction, whether on existing vacant parcels or parcels being vacated because of the intentional demolition of an existing structure, are subject to the standards, regulations and provisions of the Central Business District height overlay districts as contained in this Section 31-403 (1) CBDR—Central Business District Riverside. (2) Freestanding building. The maximum height of a freestanding building in the CBDR height overlay district is 1.5 stories, but not to exceed 20 feet. Height is measured from the front street level. ii. Infill building. For vacant lots immediately adjacent tot an existing building: the height of the infill building is to be within 10% (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within 10% (higher or lower) of the average height of the adjacent buildings on both sides. CBDP—Central Business District Parkside. Freestanding building. The maximum height of a freestanding building in the CBDP height overlay district is 2.5 stories, but not to exceed 30 feet. Height is measured from the front street level. ii. Infill building. For vacant lots immediately adjacent t 2 an existing building: the height of the infill building is to be within 10% (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within 10% (higher or lower) of the average height of the adjacent buildings on both sides. (3) CBDH—Central Business District Historic. (4) Freestanding building. The maximum height of a freestanding building in the CBDH height overlay district is 3 stories, but not to exceed 37 feet. Height is measured from the front street level. ii. Infill building. For vacant lots immediately adjacent to3 an existing building: the height of the infill building is to be within 10% (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within 10% (higher or lower) of the average height of the adjacent buildings on both sides. CBDB—Central Business District Bluffside. Freestanding building. The maximum height of a freestanding building in the CBDB height overlay district is 4 stories, but not to exceed 45 feet. Height is measured from the front street level. ii. Infill building. For vacant lots immediately adjacent too an existing building: the height 1 of 2 10/1/2013 10:00 AM of the infill building is to be within 10% (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within 10% (higher or lower) of the average height of the adjacent buildings on both sides. (5) CBDBT—Central Business District Blufftop. (c) Freestanding building. The maximum height of a freestanding building in the CBDBT height overlay district is 3 stories, but not to exceed 35 feet. Height is measured from the front street level. ii. Infill building. For vacant lots immediately adjacent to5 an existing building: the height of the infill building is to be within 10% (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within 10% (higher or lower) of the average height of the adjacent buildings on both sides. General regulations. In all CBD height overlay districts the following regulations will apply: (1) For flat roofed buildings, height will be measured from the lowest street curb level to the highest parapet wall of the proposed building. (2) For peaked roofed buildings, height will be measured from the lowest street curb level to the highest roof peak of the proposed building. (3) In areas within the flood plain as depicted on the FEMA "Flood Insurance Rate Map," height will be measured starting from one (1) foot above the regional flood elevation of the property. (4) All properties abutting on Main Street with frontage on more than one street must have height measurements taken from the Main Street side. (5) All properties along Third Street must have height measured from the Third Street side. (6) Building s existing on April 18, 2006 will, for the purpose of this ordinance, will be in lawful height conformance for purposes of improvements, repairs, remodeling, or refinancing. This provision will not apply to buildings that are intentionally demolished. For purposes of calculating the height of an infill building, "immediately adjacent to" is synonymous with "adjoining" and " does not include buildings that are on the opposite side of a street, alley, or open space of any kind. For purposes of calculating the height of an infill building, "immediately adjacent to" does not include buildings that are on the opposite side of a street, alley, or open space of any kind. For purposes of calculating the height of an infill building, "immediately adjacent to" is synonymous with "adjoining" and does not include buildings that are on the opposite side of a street, alley, or open space of any kind. For purposes of calculating the height of an infill building, "immediately adjacent to" does not include buildings that are on the opposite side of a street, alley, or open space of any kind. For purposes of calculating the height of an infill building, "immediately adjacent to" does not include buildings that are on the opposite side of a street, alley, or open space of any kind. 2 of 2 10/1/2013 10:00 AM i 1 iNiater- TNE 1INTNYLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES August 23, 2017 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:05 p.m. Present: Chairman Collins, Commissioners Fletcher, Hade, Kocon, Councilmember Menikheim Absent: Commissioners Hansen, Lauer and Siess Staff: City Planner Wittman, Community Development Director Turnblad APPROVAL OF MINUTES There were no minutes to approve. OPEN FORUM Tanya Gerald, 1270 McDougal Green, expressed concerns about traffic on 62nd Street. She and her neighbors welcome Lakeview Hospital's purchase and planned development of the property. Their concerns involve traffic on 62nd and the proposed expansion of Curve Crest. On behalf of the neighborhood, she asked that the Commission close 62nd at Timber Way or in some way limit access to their development, and most critically, extend Curve Crest south of the hospital to connect directly with Manning Avenue. They feel it is unacceptable to connect Curve Crest to 62nd so as to adversely affect their neighborhood. PUBLIC HEARINGS Case No. 2017-14: Preliminary plat for an 8 single family home subdivision for the property located at 1902 William Street North. Sterling Black, Fairway Development, LLC, property owner. City Planner Wittman explained the request. Sterling Black of Fairway Development, LLC requests approval of the July 12, 2017 version of the Preliminary Plat known as Hazel Place. The applicant plans to develop 7.19 acres of land located at 1902 William Street North, currently a vacant property located at the end of Hazel Street. A total of 5.90 acres are located outside of the Brown's Creek buffer area and, therefore, considered developable. The base zoning for the property is RB, Two -Family Residential. A total of eight single family lots are proposed. All lots would access Hazel Street via a single cul-de-sac road to be named Fairway Court. Lots range in size from 16,890 square feet to 50,048 square feet. A small portion of the site is encumbered by the Brown's Creek Stream Shoreland Management Overlay District (referred to as the "Stream Overlay District"). However, the Stream Overlay District only applies to the northern steep slopes. This area is proposed to be platted as an Outlot (A); an additional Outlot (B) is proposed for storm drainage purposes. The developer proposes to deed both outlots to either the City of Stillwater or Brown's Creek Watershed District. While the Planning Commission August 23, 2017 property will be known as the Hazel Place subdivision, the applicant is not proposing any monument signage or street lighting. Ms. Wittman further stated that Case No. 2006-59 was presented to the Planning Commission and City Council for discussion pertaining to the potential development of 18 single family lots on what was previously zoned RA — One Family Residential. Discussion focused on the possibility of the development of 13 single family lots, with two units on each lot. Case No. 2007-2 was approved for a Comprehensive Plan Amendment, a Zoning Map Amendment, and Preliminary Plat for Fairway Villas, a 12 lot twin -home development. In 2009, Mr. Black purchased the property with the aforementioned development approvals. In 2015, the property owner began discussions with City staff pertaining to potential amendments to the 2007 approved plat. Case No. 2015-22, for a 20 lot single family development to be known as Hazel Place Villas was denied by the City. However, in January 2017, the Planning Commission approved Case No. 2016-49 for a variance to City Code Section 32- 1, Subd. 6, Minimum design standards, Subsection (3)1, Cul-de-sac streets. A condition of approval was that "plans shall be substantially similar to those on file with the Community Development Department's Case No. 2016-49, and shall contain no greater than seven single family lots." City Attorney Magnuson has advised that the applicant's request for eight lots, as opposed to seven, should be analyzed for whether the proposed plat is consistent with the Comprehensive Plan, whether it would be detrimental to the neighborhood, and whether a limit of eight lots would remain directly related to, and bear a rough proportionality to, the impact related to the variance. Ms. Wittman reviewed the project's consistency with regard to the Comprehensive Plan, engineering, fire protection, tree removal, replacement and landscaping, park and trail dedication, drainage and utilities, stream buffering, and plans for the outlots. Staff recommends approval of the preliminary plat with 15 conditions. David Hempel, Westwood Professional Services, representing Sterling Black and Fairway Development, LLC, explained that due to the sandy soil, maintenance of the infiltration basin should not necessitate the creation of a homeowners' association. They can comply with the City Engineer's recommendations in the staff report but it does mean lowering the site. They will need to take material offsite after shaving part of the hillside down. Regarding the outlots, the developers presumed that the agencies involved would prefer to have the stormwater infiltration area to provide protection of the bluff area to prevent anyone from going into those areas. The developers are concerned that if that area is combined with a lot, one of the homeowners may go in there and do what they want thinking it is their property. Buffer signage would help deter any types of alterations in those "no touch" zones. He showed a landscape plan indicating the 42 trees to be planted. They request to defer planting of most of the trees until after the homes are built so as to not interfere with construction. He asked if the park and recreation fees and trunk sewer fees may be deferred until building permit issuance. Regarding Lot 7 drainage and utility easement, the building pad is right off the 5' drainage utility easement and that lot is tight. which is why they want shared driveway access for lots 5, 6, and 7. The only condition that needs further discussion is Condition F, rezoning from RB to RA. He thinks his client would like to defer the rezoning until the final plat is approved. Mark Herbert, LS Black Constructors, reiterated that Mr. Black would like to know if the rezoning may be deferred until the project is funded or the time of final plat. City Planner Wittman responded that the rezoning is proposed to be done as part of the 2018 Comprehensive Planning process which will take through the end of 2018. Mr. Herbert asked staff to explain the safety concerns they expressed about having that many potential occupants on the cul de sac. Ms. Wittman stated that the reason for limiting the length of a cul de sac Page 2of11 Planning Commission August 23, 2017 is to limit the number of houses at the end, thus limiting the number of families that might be in jeopardy in an emergency situation. Mr. Hempel offered to address any questions. Commissioner Kocon stated it seemed very clear in the staff report that Outlot B would be sought to be combined with Lot 6 and there would need to be a homeowners' association, although Mr. Hempel said he would like this discussed further. Commissioner Fletcher asked if there is a homeowners' association (HOA), why Outlot A couldn't also be combined into the HOA. City Planner Wittman replied that if property such as Outlot A is in a HOA and the taxes weren't paid, it could become a tax forfeit parcel. Combining that parcel with Lot 6 would ensure that it would not become a tax forfeit parcel. Neither public entity wanted ownership of the outlot. Mr. Hempel asked what is the reason for access to the bluff area, since the intent is to leave it as is. Ms. Wittman replied that Brown's Creek Watershed District would want to monitor and maintain the easement area to ensure compliance with the overlay district. Regarding the issue of when to rezone the property, Commissioner Kocon said it's clear that duplexes won't fit. The intent has always been to lock this into single family homes. He is surprised that Mr. Black would ask when rezoning will happen, because it shouldn't matter. Chairman Collins opened the public hearing. Brian Larson, 2008 Hazel Court, reminded the Commission that the previous plan was for seven units and he doesn't see why the number is being increased now. Regarding Commissioner Kocon's question, he heard the representative say that Mr. Black wanted to know when the rezoning would take place in relation to their financing. He hopes that has nothing to do with it, that this project is not being represented as possibly being a duplex rather than a single family project. He feels rezoning is a must. He asked why BCWD approval has not already been obtained and suggested the City should wait till it is approved before granting the preliminary plat. Regarding grades, he would like to make sure if the grade is lowered, the developer is not adding retaining walls or anything else that would negatively impact the site. Regarding Lot 6 and the outlot, he is concerned about the impact that the homeowner could have on that lot if they weren't aware of the easement on their property. Mr. Larson also noted that on one drawing the lots are incorrectly numbered with two Lot 8's and asked that be corrected. James Purcell, 2001 Hazel Court, agreed that rezoning is critical and there is no reason to wait for the Comprehensive Plan because this is more conservative zoning. Being more conservative in the zoning rather than more expansive is better. His other concern is that last fall, it was agreed that seven lots makes sense. He questioned whether the number of lots will be gradually increased. Ken Harycki, 2004 Hazel Court, reminded the Commission that the City has been discussing this property for over a decade. He feels that zero lighting is great, and the reduction from a previous proposal of 22 to eight lots is great, but the rezoning should occur now. He is concerned that the T connection will be on a very steep hill requiring a huge retaining wall and he would like to see a better option. Page 3 of 11 Planning Commission August 23, 2017 Jake Brand, Stillwater Country Club, 1421 North Fourth Street, said Stillwater Country Club deals with Brown's Creek Watershed District daily. Potentially, the Club could purchase the outlot to manage it, instead of Brown's Creek Watershed District, so it would not become an issue in the future. Mary Harycki, 2004 Hazel Court, said she would prefer rezoning now rather than later. Chairman Collins closed the public hearing. He provided Mr. Hempel an opportunity to respond to concerns brought up by neighbors. Mr. Hempel thanked the residents for their input. Regarding the intersection grade, he stated that the City requires a 2% landing for 50-100 feet at all intersections. He said no retaining walls are proposed but there may be small walls at the time of construction depending on what type of house is built on this property. He added that the previous plan for seven lots was a concept that had not been fully engineered yet. After looking at Brown's Creek setback requirements and after doing detailed engineering and planning, it was determined that eight lots would fit. Commissioner Kocon asked for confirmation that once the Commission recommends approval of the preliminary plat, it is locked in at eight lots. City Planner Wittman responded that after the City Council approves the preliminary plat of eight lots, a change in the number of lots would be considered substantial, requiring the developer to come back for preliminary plat approval again. She stated that she talked to Karen Kill at the Brown's Creek Watershed District (BCWD) last week and it appeared to her that the applicant wasn't comfortable moving forward with the BCWD until they were sure the City was favorable to the 8 lot design, allowing full analysis of what will be needed for infiltration. Ms. Wittman pointed out that the BCWD permit is one of the staff -recommended conditions of approval. Regarding the public comments from Stillwater Country Club, she told the Commission they may want to amend Condition lb to state that Outlot A may be sold to Stillwater Country Club or, if not sold, shall be combined with Lot 6. Commissioner Fletcher asked about the implications of the timing of rezoning. City Planner Wittman responded the property could be required to be rezoned by the time of release of final plat recording. The implication would be that at the time a building permit is submitted, it would ensure that the building permit could only be for a single family residence. With the RB zoning in place before the Comprehensive Plan is completed, there is that risk that someone could propose a two unit structure on the property. Community Development Director Turnblad stated that there is also another implication, which is that requiring rezoning before the Comprehensive Plan update is done would also require a Comprehensive Plan amendment be done before the final plat could be released, which could delay the excavation permits. That is why staff recommended that rezoning go together with the Comprehensive Plan amendment. Commissioner Kocon reiterated that one of the conditions requires that the property be rezoned to RA. He feels this condition makes it clear what will happen. Mr. Turnblad added that it could be tightened further by including in the developers agreement that there would be no increase in the number of units. Ms. Wittman stated that the Commission could amend Condition F or create a new Condition P stating that the developer will enter into a development agreement prior to approval of the final plat and that as a condition of that development agreement, no two -unit property shall be permitted. Page 4 of 11 Planning Commission August 23, 2017 Motion by Commissioner Kocon, seconded by Commissioner Hade, to recommend approval of Case No. 2017-14, Preliminary plat for an 8 single family home subdivision for the property located at 1902 William Street North, with 15 conditions recommended by staff, modifying Condition B to state the possibility that Outlot A may be sold and if not sold that it will be combined with Lot 6; modifying Condition C to state that a shared driveway access shall be allowed between Lots 6 and 7 and that Lot 5 will have its own driveway; modifying Condition E to state that drainage and utility easements between Lots 7 and 8 shall be 7.5' on Lot 7; modifying Condition H to state that the amended Preliminary Plat shall receive a permit from the Brown's Creek Watershed District prior to the submittal of the Final Plat and that District - recommended conditions will be incorporated by reference into this approval; modifying Condition L to state that a total of 42 trees shall be planted on private property, including three per lot, and that the trees may be planted when the buildings are built; modifying Condition M to state $17,500 in fees rather than $18,000; and adding Condition P requiring that the developer shall enter into a development agreement prior to approval of the final plat and that as a condition of the development agreement, no two -unit properties shall be permitted. Motion passed 4-0, all in favor. Case No. 2017-35: Variances associated with proposed rooftop improvements at the Water Street Inn, located at 101 Water Street. Roger Tomten, ARCHNET, representing St. Croix Preservation Co., Inc., property owner. City Planner Wittman stated that in 2014 the City conditionally approved Case No. 2014-7 which allows for a proposed addition to the northern end of the Water Street Inn. The addition was permitted by code to be 10% higher than the 40' portion of the existing structure that was directly adjacent to it. Therefore, the outright permitted height for the addition was 44'. Case No. 2014-7 also allowed for three variances to the Central Business District (CBD) Height Overlay District for the installation of a clock tower, steel tower frame, and a tower mast on the addition. The approval also included the use of the rooftop for an open-air bar and restaurant dining area. These uses did not require a variance. The uses would necessitate the use of an elevator to the rooftop. While the application included the elevator bulkhead, an approximately 48 square foot storage area, two stairwells, and a 40 square foot area noted as `service' area, these were interpreted to be necessary appurtenances to the building which are outright permitted to exceed the maximum height in any zoning district. The service and storage areas were interpreted to be necessary improvements associated with the elevator bulkhead. The applicant is requesting a variance to City Code Section 31-403, CBD height overlay districts, Subsection (b)(2)(ii) which indicates "for vacant lots immediately adjacent to an existing building: the height of the infill building is to be within 10% (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within 10% (higher or lower) of the average height of the adjacent buildings on both sides." If approved, the variance would allow for an enclosed bar and kitchen, service station and storage area, two restrooms in addition to the elevator bulkhead and enclosed/covered lobby, and two sets of stairs. Therefore, the applicant is requesting a 10% variance to the 10% provision which would allow the addition to be 20% taller, for a total of 48', than that portion of the existing structure that is currently 40' in height. One letter of objection from the owners directly to the west was received, focusing on lack of parking, increased traffic, noise pollution and urban sprawl. On the basis that the request does not conform to the zoning code or the Comprehensive Plan, and that practical difficulty has not been established, staff recommends denial of the variance. Roger Tomten, ARCHNET, representing St. Croix Preservation, Inc., provided background on how the plans have evolved since the last approval in 2014. Soil conditions make replacing the existing basement, as originally planned, infeasible. Losing that amount of square footage required architects to get more creative about storage areas and mechanical spaces. The rooftop will also now require Page 5of11 Planning Commission August 23, 2017 additional functions such as some food preparation and restroom facilities. Some of these areas increased in size to meet the required codes. When the new plan was submitted, staff raised the issue of building height and stated that the enclosed kitchen area, bar and restrooms would need to meet the height requirements or require a variance. Mr. Tomten noted that the lowest portion of the existing building is at the north end of the property at 40'. He explained to staff this is one building, one parcel owned by one person with one use, so it should reflect one structure. The building height should be calculated from the highest point. Staff interpreted it differently, measuring from the touching portion of the adjacent structure, using the 40' height as a base. The addition needs to be 48' in order to get the roof over the restrooms and the kitchen area. Architects believe the variance is consistent with the Comprehensive Plan. The addition of the tower element creates a focal point for downtown. Staff concluded that the addition is not in keeping with height and size of most structures within a one block radius and he respectfully disagrees. Some of the buildings are much taller. The circumstances are unique to the property and not created by the landowner - the poor soils, the flood plain, the fact that it is a historic building 51 feet tall in a zone where the City now wants buildings to be 30' tall. If the addition were to be added onto the other end of the building, no variance would be needed. Height variations are a character element of downtown. He doesn't feel the variance will alter the character of the area. Regarding the west elevation, Commissioner Kocon asked, if three stories can be constructed at 40', why does it have to be taller? He said he doesn't understand why the new addition has to be built 4' taller than the 1994 addition. He feels the need for a variance is like a self inflicted wound created by the property owner. Mr. Tomten responded the height is needed because of the enclosed space on the roof. The restroom is needed so people can use the restroom immediately adjacent to a dining area and the kitchen area must be enclosed to meet health requirements. Architects looked at a lot of other concept plans and ideas. The 1994 addition was not structurally designed to handle any additional weight on top. Chairman Collins opened the public hearing. Chuck Dougherty, St. Croix Preservation Company, clarified that the new proposed addition uses steel and cement versus the 1994 addition which was wood. That accounts for the height difference. He read a passage from the Downtown Plan describing downtown as a vital and relevant district that continues to evolve. Chairman Collins closed the public hearing. Commissioner Kocon stated he liked the 2014 proposal and would like to make this work. For instance, he feels architects can design the stairs so they exit onto the 1994 addition. He is frustrated but he can't support the height variance. Chairman Collins agreed he cannot support it. The Kolliner Building across Water Street is significantly taller but it was built in late 1800s. He feels this addition should be built to current code. Commissioner Hade said he supports the variance. He doesn't see any difference between this variance and the variance approved for the proposed Zephyr Theater. Commissioner Fletcher stated she feels practical difficulty has not been established and she cannot support the request although she loves the project. She encouraged architects to be more creative. Page 6 of 11 Planning Commission August 23, 2017 Motion by Commissioner Fletcher, seconded by Commissioner Kocon, to deny Case No. 2017-35, variances associated with proposed rooftop improvements at the Water Street Inn, 101 Water Street. Motion passed 3-1, with Commissioner Hade voting nay. Case No. 2017-17: Short Term Home Rental Type B License to be located at 2023 Schulenburg. Rick and Missie Swanson, property owners. Community Development Director Turnblad explained that the Rick and Missie Swanson have made application for a Type B Short Term Home Rental license. If no concerns are submitted to the City after required notification of neighbors, then staff issues the license. In this case, three neighbors had concerns about parking. Therefore, the Planning Commission is tasked with considering the license request to determine whether it should be approved or denied. All of the performance standards required of Type B Short Term Home Rentals are met with the exception of parking. In residential zoning districts, all guest parking must be accommodated on improved surfaces on the owner's property. The Swansons plan to offer three bedrooms to guests, so two improved parking spaces must be provided on the premises. The property as it is configured and improved today does not, in staff's opinion, provide these two parking spaces. There are parking spaces on the north side which are actually on Alder Street. On the back there are two unimproved spaces. The Swansons propose to expand the space off Schulenburg Alley to allow two cars to park there. Parking on Alder Street, with the improvement to that paver spot, would provide two parking spaces but with the S curves and the narrowness of the road, there is competition for very little space. Staff recommends issuing the license after the two parking spaces off of Schulenburg Alley are improved for guest use. Staff also recommends that the City's traffic safety committee consider the Alder parking situation. Chairman Collins asked how long a Type B license is good. Mr. Turnblad replied three years unless three substantiated complaints are received within a year. Chairman Collins opened the public hearing. Rick Swanson explained he would like the requirement for the paved spaces on Schulenburg to be postponed until they build a garage. The property has had a tremendous makeover. There is currently room for two smaller cars on Schulenburg Alley. They want to separate these two issues because they've been delayed a great deal due to scheduling issues. It will be a challenge to improve those two parking spaces and will likely take variances. They don't want their license approval to be delayed. Commissioner Kocon pointed out that two standard sized cars would not fit the space on Schulenburg Alley. Mr. Swanson replied it's clear they have parking available. The property line goes across Schulenburg Alley. Two cars would fit on the east side, or on the north side in front of garage on Alder Street. Community Development Director Turnblad stated that the right of way coincides with the garage door and the property line comes right up to the house. Ken Wolf, representing Wolf Marine, said he has no problem with the vacation rental, but there is an issue with Alder Street. The City has to figure out a way to accommodate neighbors to find a place to park other than on an S curve that is in a blind spot. He doesn't think the City should hold up the license because of these issues. The City should move forward to find a solution to Alder Street. Page 7 of 11 Planning Commission August 23, 2017 Dan Challeen, 2103 Schulenburg Alley, spoke in support of the license. He echoed concerns about parking. He created a paved parking area for about 6 vehicles on his property. The S curve doesn't leave enough room for cars to pass when there are cars parked on the street. He would like to see people mostly parking on their own property and less congestion on Alder Street. Chairman Collins closed the public hearing. Motion by Commissioner Kocon, seconded by Commissioner Hade, to approve Case No. 2017-17, Short Term Home Rental Type B License to be located at 2023 Schulenburg, with the condition that the two parking spaces are specifically: one in the garage and one on the pavers in front of the building. Motion passed 4-0, all in favor. NEW BUSINESS Case No. 2017-36: Preliminary Concept Master Plan for the future Lakeview Hospital and Health Campus to be located at the northeast quadrant of Manning Avenue and State Highway 36. David Anderson, Frauenshuh, Inc., owner's representative. Community Development Director Turnblad stated that Lakeview Memorial Hospital Association has a purchase agreement for the 68+ acre site at the northeast quadrant of the Highway 36/Manning Avenue intersection. The property is planned to be the new campus for Lakeview Memorial Hospital and other related health care facilities. Prior to closing on the property purchase, the hospital is pro- actively seeking community comments on their Preliminary Concept Master Plan. The Planning Commission is requested to consider the concept plan and offer comments. Also, neighbors within 700 feet of the site have been invited to the meeting to join the discussion. The goal of the project is to create an integrated healthcare and wellness destination. The cornerstone of the healthcare campus will be the 300,000 square foot hospital. In addition, two building pads are envisioned for approximately 120,000 square feet of medical office space. A third major element of the campus is envisioned to be a wellness/senior housing facility. A fourth element will be the integrated open space system to include common area connections, trails, pedestrian ways, and so on. Trails would create loops internally and would also connect to City and county trail systems for longer segments. The fifth and final element will be approximately 14 acres for ancillary and complementary commercial businesses. These would serve both the community and the adjacent medical campus. Mr. Turnblad reviewed the concept in regard to the Comprehensive Plan which designates this area as medical campus. Staff is considering another zoning district that still fits with the Comprehensive Plan and designates uses seen as appropriate, to be clear that the primary uses of this 68 -acre site are non -retail. Mr. Turnblad went on to review some of the comments that have been received. In general, staff finds that there is good support for the concept. There is a desire to keep the hospital in the City of Stillwater. The location is good, on major transportation corridors. The medical campus is consistent with the Comprehensive Plan. Four types of concerns were brought up at the neighborhood open house: traffic, including avoiding additional traffic on 62nd Street if possible and aligning the campus access points so as to not encourage travel through neighborhoods; buffering the campus from existing neighborhoods; installing lights at 62nd and Manning if needed; and building heights. City engineers believe that infrastructure is available or can be extended to accommodate the entire plan. Over the course of the next year, Washington County and MnDOT will be putting together design options for the Highway 36/Manning Avenue intersection. Environmentally, the property has challenges but also opportunities. On the east side there are steep slopes and wetlands. Buffer areas will have to be maintained. This will impact how roads and other improvements are located. Stormwater runoff on Page 8of11 Planning Commission August 23, 2017 this site will be watched very closely so it does not end up in Long Lake. The hospital and the City are aware there is a pair of nesting eagles. The nest will not be impacted but it is within 660 feet. The United States Fish & Wildlife Service is involved and will discuss this with the developers. Chairman Collins opened the public hearing. Ted Wegleitner, President of Lakeview Hospital, provided background on key planning issues, master plan elements, and critical issues. He stated that Lakeview is one of four critical access hospitals in the St. Croix Valley. This positions Lakeview to grow. More and more referrals are coming from western Wisconsin. Space on the existing campus is already tight and the existing hospital building is old. Dave Anderson, Frauehshuh, presented additional information about the planning concept. He addressed the economic feasibility of development of the site. He pointed out the proposal is consistent with the Comprehensive Plan but there are elements of zoning to be explored. The Curve Crest extension will be an expensive piece of roadway that will serve the greater community, so they will want to work with the City on funding. Tim Sessions, BWBR, explained the site plan and how they intend to work with the topography and existing site features as well as respecting the adjacent residential areas. He provided proposed plans for connector routes through the site. Commissioner Kocon asked how ambulances will get to the hospital. Mr. Sessions pointed out on the map the envisioned route for ambulances. Mr. Wegleitner added that notices about the proposal have been sent to the Legends and Liberty Homeowner Associations. Commissioner Hade asked about the plans for the existing hospital. Mr. Wegleitner replied there are no specific plans - that is another conversation to take place over the next several years. Chairman Collins asked if the medical facilities on Curve Crest Boulevard are envisioned to also move to this campus. Mr. Wegleitner said he doesn't think so. The hospital has facilities and offices sprinkled all over right now. They will consolidate staff onto the two campuses. Primary care will stay on the Curve Crest campus as well as some of the specialties. Mr. Wegleitner discussed neighborhood concerns regarding traffic volumes. He acknowledged that traffic lights will be needed on 62nd and Manning. For the most part, hospital traffic would use Curve Crest Boulevard. Regarding the location of the Curve Crest extension, he realizes that neighbors very much want it on the south side of the property. He discussed what the Highway 36 interchange will look like, the height of the hospital building, buffering of the neighborhood, and development of the western 14 acres. Commissioner Kocon asked how tall is the bed tower? Mr. Sessions stated typically it would be four stories - about 65 feet. The building will sit in a bit of a bowl. In relation to homes on 62nd, he is guessing that the lower level would be completely below 62nd. Commissioner Kocon commented if there is going to be a street light on 62nd, could there also be a real road with curb and gutter? He feels the road is an embarrassment. Page 9 of 11 Planning Commission August 23, 2017 Chairman Collins asked for estimates of the percentage of patients from Stillwater vs. out of town. Mr. Wegleitner replied he has no specifics but that patients are coming from Maplewood, Oakdale, and western Wisconsin, coming from primarily east and west. To a lesser extent they're coming from the north as well. Jim Bradshaw, the property neighbor to the east, noted that he and his wife own the pine forest to the east of the property and the Celebration of Life Center. He is very concerned about what will happen with traffic on Curve Crest. He supports the concept of a hospital in the area but feels there needs to be a discussion with neighbors about 62nd St. both to the east and west of the forest. The pathway that flows through the property belongs to him and his wife, who gave the use of it back to the City. They meet periodically with nearby property owners and agree on how it will be maintained, splitting the cost. They hope to work with the hospital on how it is treated. Regarding Curve Crest, there also needs to be a meeting with Curve Crest property owners to discuss the traffic. There are high speeds on Curve Crest which concern him. The buffer zone of pine trees and the traffic on Curve Crest are the two main issues that need to be discussed. Sarah Nelson,1150 Legend Boulevard, stated her main concern is the volume of traffic that will use 62nd Street. There are a lot of children in the neighborhood. She also is concerned that if all the walking paths are connected together, it will increase the flow of non -neighbors into the neighborhood. K Kongrong, who said she lives on the east side of 62nd Street, stated her main concern is that the forest and wetland be retained. She also expressed concern about Curve Crest going partially through the neighborhood and wondered if there has been any consideration of using Curve Crest as a frontage road. She also fears that if the neighborhood walking paths are all connected it would bring a lot of foot traffic. Chairman Collins closed the public hearing. He thanked the hospital representatives for meeting with some of the neighbors and encouraged them to reach out to those who may have something to say but didn't get the invitation to attend. Commissioner Fletcher remarked it is a great location. She feels the aesthetics are very important because this is the gateway to an historic river town. The design of buildings, the setting and the visual views of nature need to be porous on this site. It should be a transition area with beautiful buildings that signal the historic nature of the City and enfolding those historic buildings with some greenery. Being very smart about green design will truly benefit the community. Mr. Wegleitner replied that is absolutely the intent. HealthPartners is an industry leader in sustainability. Commissioner Kocon said he loves the concept. He acknowledged there are issues that need to be addressed. The Legends neighborhood is going to be the most affected. Communication will be very important. STAFF UPDATES Aurora Staples liquor license inquiry In response to Commissioner Siess's inquiry at the August 9, 2017 Planning Commission meeting, City Planner Wittman reported that the inn does not have a liquor license. Wine is the subject of the license that was discussed, not beer and wine, but there is no license in place. Page 10 of 11 Planning Commission August 23, 2017 Planning Commission Code inquiries City Planner Wittman stated that staff is meeting with the City Attorney Monday regarding questions that have been raised regarding Planning Commission code changes and conflicts regarding practice versus what is adopted. She is aiming at having text amendments for review in October. ADJOURNMENT Motion by Commissioner Kocon, seconded by Commissioner Fletcher, to adjourn the meeting at 10:24 p.m. All in favor, 4-0. Respectfully Submitted, Julie Kink Recording Secretary Page 11 of 11 THE BIRTH P L A TE OF MINNFSOIA PLANNING COMMISSION MEETING DATE: August 23, 2017 CASE NO.: 2017-35 APPLICANT: Roger Tomten, ARCHNET, representing St. Croix Preservation Inc., LLC REQUEST: Consideration of a variance to the CBD Height Overlay District — Parkside District for accessory rooftop uses associated with the Water Street Inn expansion ZONING: Commercial Business District COMP PLAN DISTRICT: Downtown Mixed Use PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND In 2014 the City conditionally approved Case No. 2014-7 which allows for a proposed addition to the northern end of the Water Street Inn. The addition was permitted by code to be 10% higher than the 40' portion of the existing structure that was directly adjacent to it. Therefore, the outright permitted height for the addition was 44'. Case No. 2014-7 also allowed for three variances to the CBD Height Overlay District for the installation of a clock tower, steel tower frame, and a tower mast on the addition. The approval also included the use of the rooftop for an open-air bar and restaurant dining area. These uses did not require a variance. Theses uses would necessitate the use of an elevator to the rooftop. While the application included the elevator bulkhead, a (approximately) 48 square foot storage area, two stairwells, and a 40 square foot area noted as 'service' area, these were interpreted to be necessary appurtenances to the building which are outright permitted to exceed the maximum height in any zoning district. The service and storage areas were interpreted to be necessary improvements associated with the elevator bulkhead. REQUEST The applicant is requesting a variance to City Code Section 31-403, CBD height overlay districts, subsection (b)(2)(ii) which indicates "for vacant lots immediately adjacent tol an existing building: the height of the infill building is to be within 10% (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within 10% (higher or lower) of the average height of the adjacent buildings on both sides". If approved, the variance would allow for an enclosed bar and kitchen, service station and storage area, two restrooms in addition to the elevator bulkhead and enclosed/covered lobby, and two sets of stairs. Therefore, the applicant is requesting a 10% variance to the 10% provision which would allow the addition to be 20% taller, for a total of 48', than that portion of the existing structure that is currently 40' in height. APPLICABLE REGULATIONS AND STANDARDS Section 31-208, Variances, indicates the Planning Commission may grant a variance, but only when all of the following conditions are found: 1. The variance is in harmony with the general purposes and intent of this chapter. The purpose of the CBD Height Overlay District is to preserve and enhance the essential character of the downtown and that structures be limited in height in order that structures close to the river not rise above the height of structures farther from the river. At the permitted 44', the structure's addition will already be taller than structures further away from the river. Additional height allowance would not be in harmony with the CBD Height Overlay District - Parkside District which encourages new structures (not infill structures) to be a maximum to 2.5 stories and 30' 2. The variance is consistent with the comprehensive plan. Although approved by the City Council, the new addition is proposed to be located in a view corridor. These proposed improvements will be visible in this view corridor. Therefore, the proposal is not consistent with the Comprehensive Plan. Furthermore, the Land Use and Downtown Urban Design Policy 3 indicates "the City should continue to refine and administer design guidelines so that the integrity of the existing and surrounding buildings is maintained and new development is of a height, size, and design compatible with the best examples of existing development". Although this structure is situated independently in the CBD, the downtown district, and the Stillwater Commercial Historic District, the additional story would create a four- story structure in this location. This is not in keeping with the height and size of most structures within a one -block radius or the rest of the historic district. ' For purposes of calculating the height of an infill building, "immediately adjacent to" does not include buildings that are on the opposite side of a street, alley, or open space of any kind. CPC 7/12/2017 (Case No. 2017-23) 419 2"d Street South Page 2 of 4 3. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. "Practical difficulties," as use in connection with the granting of a variance, means that all of the following must be found to apply: The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; As the hotel addition will be added onto an existing hotel and conference center, the proposed use of the land is reasonable in the Central Business District. ii. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and While the applicant states the reorganization of uses in this structure is due to the elimination of a basement in the floodplain, creating a uniqueness on this property, it is the property owner that is proposing these uses on this site. While the use of restaurant and bar space is permissible by Special Use Permit in the Central Business District, the proposal of these uses in the addition and on the rooftop is directly attributed to the owner's desires and preferences. iii. The variance, if granted, will not alter the essential character of the locality. The addition of a fourth story on Water Street will alter the essential character of the locality, creating a tunneling effect on this narrow right-of-way. Section 31-208 further indicates: • Economic considerations alone do not constitute practical difficulties. • A previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits. ALTERNATIVES AND RECOMMENDATION The Planning Commission has the following options: 1. Make the finding that practical difficulties do exist for the property owner and approve a 10% variance variances to the maximum height in the Downtown Height Overlay (Parkside) district with or without conditions. The Planning Commission may impose conditions in the granting of a variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. If the Commission were to find practical difficulties do exist for the property owner, staff would recommend the following conditions: a. All conditions of approval of Case No. 2014-7, and associated Resolutions, shall remain in effect. b. Plans shall be substantially similar to those on file with the Community Development Department's Case No. 2017-35. c. The property owner shall obtain a Design Permit from the Heritage Preservation Commission. Conditions of approval shall be incorporated into the variance conditions of approval. CPC 7/12/2017 (Case No. 2017-23) 419 2nd Street South Page 3 of 4 d. A building permit shall be reviewed and approved prior to any construction occurring on the property. e. Major exterior modifications to the variance permit request shall be reviewed by the Planning Commission as per Section 31-204, Subd. 7. 2. Make the finding that practical difficulties have not been established and deny the variance, with or without prejudice. 3. Table the application and request additional information from staff or the applicant. FINDINGS AND RECOMMENDATION On the basis that the request does not conform to the zoning code, the comprehensive plan, and that practical difficulty has not been established, staff recommends denial of the variance. ATTACHMENTS Site Location Map Narrative Request (2 pages) Floor Plans (3 pages) Elevations Facade Perspectives (2 pages) Height Variations 2014 Elevations (2 pages) 2014 Rooftop Plan CPC 7/12/2017 (Case No. 2017-23) 419 2nd Street South Page 4 of 4 r er ... , ,.. ixkiv• Pei. i j�r�y �� s�°' a N ► ► t,illwat .:N - iv =. r€ {���11/ f 1 iP - „ t=,:�,r ._ _. !° The Birthplace of Minnesota Site Location Map Water Street Inn Z '-\. ‘ Anil\ \INA. .; "' 101 North Water Street N� U) •� GG Ge o , \ S-0: 1 m • - , PSI • CP .° r er 0 \ , 2 2 \Nr( 36 -O (n O ��f�SS° Z 0 155 310 620 Feet 11 �9 7`: 01 SI n'` �m C3 °� V� S� ( 7 a General Site Location S� N� :. ,� : `: ;� Si. GN , _1 G� . ter, J SIA GSPNVC1 'll' ' ? ` y y N r F J �� 3�� S.iL i, a W S.ale all �� X co ie ,E� O`\\i •( �` SSR �\ \ cn 1 • i ► b,�- _ 1 -��- .•r.a..� • 1.,,. , •�� p? ••�'• ARCHNET 333 North Main Street Suite 201 Stillwater, MN 55082 July 21, 2017 TO: Mr. Bill Turnblad, Community Development Director, City of Stillwater Abbi Wittman, City Planner, & Planning Commission 216 North Fourth Street Stillwater, MN 55082 RE: Water Street Inn, 101 Water Street, Stillwater, MN Dear Mr. Turnblad and Planning Commission Members, Architecture I Interiors Sustainable Design Phone 651/430-0606 Fax 651/430-2414 www.archnetusa.com Since our approvals for the Water Street Inn addition in 2014, the owner has been seeking and fine- tuning financing packages to align with the hotel's annual winter construction window. With that now complete we are entering the Design Development Phase, integrating the updated space program- ming, Mechanical, Structural and Construction feasibility phases of the project. There have been some revisions to the project, and after meeting with Abbi, we are submitting the updated plans for your consideration. The largest change in the project was the elimination of the new basement space under the addition. The complications of working in the Flood Plain, while building adjacent to an existing basement space, made this portion of the project unachievable. This created a ripple effect through the project which required the reorganization of spaces and functions. The north facade has been modified to incorporate the ramp within the mass of the building. The operation and functionality of the roof deck was also revised to add operational efficiencies and occupant conveniences. The operational efficien- cies consist of enclosed kitchen and bar spaces for food and drink preparation. The occupant conve- niences consist of restroom facilities located on the public realm of the roof in lieu of one level below in a secured area of the hotel. The north stairway enclosure has been relocated to south of the tower to minimize its visual impact from the north. From our preliminary meeting with Abbi, we understand the additional enclosed spaces on the roof, apart from the elevator and stairway shafts (restrooms, kitchen and bar) will require a height variance from the City's CBD Height Overlay District. The District code states that the height "... is to be within 10% (higher or lower) of the height of the adjacent building or buildings." The immediate parapet of the adjacent building measures 40 feet, so adding 10% would allow our structure to be 44 feet high. Additions and alterations to the WATER STREET INN, Stillwater Minnesota Page lof 2 Through multiple design concept studies, we have attempted to eliminate the need for this request, but have come to what we believe is the best possible resolution with the least amount of impact. The function of the upper level and the building codes require our new floor elevation to match the existing hotel floor level. Minimizing third floor ceiling heights, structure depths and roof top ceiling heights will require an elevation of 48 feet. For this reason we are requesting a variance of 4 feet. We feel the uniqueness of the site location, being in the flood plain, adjacent to the river and within a historic district with higher and varied building heights, creates a practical difficulty not created by the owner. It is noted that the purpose of the Height Overlay District was to limit the height of buildings "in order that structures close to the river not rise above the height of structures farther from the river." We feel that the location of much taller structures, the Staples Block, immediately to the west across Water Street, and the Lynsky building (Main Cafe) west of Main, minimizes the impact of the variance request and therefore will not alter the essential character of the neighborhood. The block of buildings across Water Street incorporates height variations of 33% and 45% (see exhibits). The block of build- ings to the west of Main Street (Lynsky Building) incorporates height variations of 42% and 41%, while the height variations on the block north of Myrtle (Osaka and Pub 112 Buildings) incorporates height variations of 56% and 50%. For these reasons we do not feel that the variance, producing a height variation of 20%, will alter the essential character of the neighborhood. Thank you in advance for your consideration of our request, and we look forward to meeting with you and answering any questions you may have. Respectfully, 1 1' Roger Tomten Associate, ARCHNET Additions and alterations to the WATER STREET INN, Stillwater Minnesota Page 2of 2 EXISTING ROOF ROOF 1/8" = 11-0" STORAGE ROOF PATIO BAR i r ARCHNET u S architecture - interiors sustainable design 333 N Main St. Ste. 201 Stillwater, MN 55082 651-430-0606 archnetusa.com WATER STREET INN ADDITION 101 WATER ST. S. STI LLWATE R, MN Revisions Item Date Registration Information I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision, and that I am a duly Licensed Architect under the laws of the State of Owner Printed Name MICHAEL F. DIEM Signature DATE 5-13-14 License # Project Status Sheet Information ROOF PLAN Project No : 13-142 Drawn By : MD2 Checked By : MFD I Date : 5-13-14 02013 ARCHNET, Inc. Drawing No : A A3.0 B A4.0 A3.0 OROOF PLAN 1/8" = 1-0" MSCI -I AREA OPEN TO OUTSIDE 0 TOILET TOILET SERV 1 10'X20' D/W SOUTH STAIR DN \ / ELEV. \\\ ELEV. LOBBY 7 PLANNER BAR rt (D.3) DN NORTH STAIR( / / / 1 LINE OF / 103' _/ / ROOF ABOVE / / -/ / /TYP. BEAM DIRECTION / W z PLANTER ED) (E.3) A3.0 0.3) 11 .5) 2 2'- I" A3.0 25'-7" 7 I' - 0" 13' - 0" 12' - 1D.3) \T� 14'-0" (3; 6'-0" 9'-8" 2'-0" I I'-4" 2'-0" I I'-4" 13'- 11" 2'-0'3'-0" 6'-4" 3'-6" ROOM #11 2 hR RATED WALL �\ 90 MIN. DOOR 2' - 0' /-1 0" ROOM #12 ROOM #13 0 JD DN UP NORTH STAIR TYP. BEAM DIRECTION \\\\\\\\ SOUTH STAIR UP DN v v v \ \ \ ELEV. D ROOM #16 1 z HOUSEKEEPING ECAST CONC. ROOM #14 ROOM #17 4 ROOM #18 li it ROOM #19 0 ROOM #15 1 1 1 D m A3.0 2'- 11" A3.0 0" 8' - 0" 4'-0" 8'-0" ' - 411 8'-0" 5'-4' 8'-0" 4 -6 8'-0" 25' - 7" 13' - 0" / 20'-5" 65' - 0" -II" O3RD. FLOOR 1/8" = 0 10 th 0 N 0 0 N N (N.1 N 0 N 10.3) 1 .5) ARCHNET u S a architecture • interiors sustainable design 333 N Main St. Ste. 201 Stillwater, MN 55082 651-430-0606 archnetusa.com WATER STREET INN ADDITION 101 WATER ST. S. STI LLWATE R, MN Revisions Item Date e4R QCL- \%\( Registration Information I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision, and that I am a duly Licensed Architect under the laws of the State Ovoter Printed Name BETH F. DIEM Signature DATE 7-21-17 License # Project Com.- 4-.... Sheet Information 3RD. FLOOR / ROOF PLAN Project No 16-114 Drawing No Sheet Size : 24" x 36" Drawn By : CAL Checked By : RT ■ Date : 7-21-17 C2017 ARCHNET, T .. 2 MR RATED WALL 14.3) A3.0 O2ND. FLOOR 1/8" = 1'-0" ROOM #1 0 ROOM #2 Q 010 ROOM #3 DN UP (D.3) 4'-6" 14'-0" 9'-4" (E.3) 6'-0" 4'-6" ROOM #4 10" LD N 90 MIN. DOOR TYP. BEAM DIRECTIOf \\\ SOUTH STAIR UP -0N ELEV. D Q ROOM #6 1 STORAGE [I 10 ROOM #7 ROOM #8 8'-0" - 1 1" 4'-6" 8'-0" 1 25' - 7" ' _ 411 ROOM #5 I D ROOM #9 1 1 A3.0 DECK 8'-0" 13' - 0" ' - 411 8' - 0" 4'-6" 26'-5" 8'-0" 65' - 0" 2'- 11" N N \ 0 0 0 N 03 \10.3) 0 N o N N 0 A3.0 NEW DOOR AND RAMP RAMP DN COOLER 2.3) 4.3) w w z O cf i5 E J A EXISTING GAS METER DRY STORAGE SERVICE HALL 25' - 7" T 71'-6" I 13' - 0" 12' - 1D.3) 14'-0" (E.3) 6'-0" 6-"2' - 9" 8' _ 0�� / fr 98'-0" 691 .5 98'-0" G91 .5 HALL 2 hR RATED WALL BANQUET ROOM NEW LANDING n NEW RAMP 4'-0" / / 9'-4" 4'-O', 9'-4" 14'-7" - 10" 4 GARBAGE 97'-G" G9 I .0 90 MIN. DOOR(\ 98'-0" G9 1 .5 OPEN OFFICE WORK STATION \ \ \ UP SOUTH STAIR ELEV. l RAMP DN EXISTING DECK 98'-O" 4 G9 I .5 PROVIDE NEW EXIT STAIR DOWN TO GRADE, VERIFY GRADE ELEVATION O1ST. FLOOR 1/8" = 1'-0" 2 hR RATED WALL PROVIDE LINTEL AND OPENING FOR DUMBWAIT R PROTECTED BY A 90 MIN IRE SHUTTER A 15 DUMBWAITER @ OPENING IN NEW 2 -HOUR WALL, CONNECTION TO -!-1 EXISTING BASEMENT 1/8" = 1'-0" ELEV. EQUIP STORAGE OFFICE WORK STATION RECEPTION DESK 90 MIN. DOOR CONF. ROOM / OFFICE TYP. BEAM DIRECTIGM • DN - UP NORTH STAIR LOBBY 9' - 4" 4' - 10" 6" / ,1 WEST RETAIL 0 N N EAST RETAIL DN DN 0 z 0_ 97-0" A3 0 O) A3.0 (C.5) 1 0 \ (0.3) 0 0 N 0 N i 0 m o o N N 03 1.5 12.3) 4) \ -\ \14.3) ARCHNET u S a architecture - interiors sustainable design 333 N Main St. Ste. 201 Stillwater, MN 55082 651-430-0606 archnetusa.com WATER STREET INN ADDITION 101 WATER ST. S. STI LLWATE R, MN Revisions Item Date CSO Registration Information I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision, and that I am a duly Licensed Architect under the laws of the State Owjfer Printed Name BETH F. DIEM Signature DATE 7-21-17 License # Project C 4 - Sheet Information 1ST. FLOOR / 2ND. FLOOR Project No 16-114 Drawing No Sheet Size : 24" x 36" Drawn By : CAL Checked By : RT Date : 7-21-17 C 201 ARCHNET, 1.1 T.... 1890 LUMBERMAN'S EXCHANGE BUILDING BA 1994 HOTEL ADDITION NEW CONSTRUCTION 0 00 EAST ELEVATION 0 N NEW CONSTRUCTION 00 O In co N WATER STREET WEST ELEVATION • ELEVATOR SHAFT 1994 HOTEL ADDITION 40'-0" + 10% (4'-0") = 44'-0" O 0 1890 LUMBERMAN'S EXCHANGE BUILDING EEMEEENWEEM 1 l 1 1 L ❑ 21 JULY 2017 ADDITION TO THE WATER STREET INN STILLWATER, MINNESOTA ARCHNET U a %n Lel r10'01W0 10 'AI �I���i� IIIimuim: �1NOM� _1 _ -1 ry _ - :' 6040 --.111-1-14.41k-NA. Ri! In&u1!!!u!'uIni - IIII !IIL Oa.1.1 �� NORTH EAST PERSPECTIVE %TER STREET INN ADDITION TO THE WATER STREET INN STILLWATER, MINNESOTA ARCHNET U a 21 JULY 2017 NORTH WEST PERSPECTIVE MYRTLE STREET PERSPECTIVE ADDITION TO THE WATER STREET INN STILLWATER, MINNESOTA ARCHNET U a 21 JULY 2017 EXISTING BUILDING HEIGHT VARIATION ON LYNSKY BUILDING EXISTING BUILDING HEIGHT VARIATION ON STAPLES BLOCK EXISTING BUILDING HEIGHT VARIATION ON OSAKA & PUB 112 BUILDINGS ADDITION TO THE WATER STREET INN STILLWATER, MINNESOTA ARCHNET U a 21 JULY 2017 NORTHEAST PERSPECTIVE -1-1-1-1 I -I -I -I -I -I -I -I -1 -I -I -I 11 1-1 1-1-1 1-1 1-1-1 1-1 1-l-1-1-1-1-1-1 1-1-1-1 SOUTH ELEVATION .1001111011111 1I11�1 1IN�1 1111 I R� Il�l� I�Il�lll ftlf�� I�I�O _I tarn �I�I�l�lftlrlll�l41 �r �, i. ndj li1 I A �� 1 ii SII' ■1 NM Iii'1VIII Il ��,�� • the 1 li ratF%L, NORTHWEST PERSPECTIVE n1 NORTH ELEVATION FEB. 28, 2014 0 10 20 WATER STREET INN ADDITION TOTHE WATER STREET INN STILLWATER, MINNESOTA ARCHNET U a 1890 LUMBERMAN'S EXCHANGE BUILDING 1994 ADDITION NEW CONSTRUCTION 81'-10" TOP OF MAST 70'-2" EAST ELEVATION 4 TOP OF FRAME 4 50'-8" TOP OF CLOCK 43'-3" TOP OF RAILING 39,-9" ROOF DECK 4 26'-2" NEW CONSTRUCTION 1994 ADDITION 44'-0" 10% ABOVE EX'G. 40'-0" TOP OF EX'G. PARAPET 1890 LUMBERMAN'S EXCHANGE BUILDING 44'-0" TOP OF EX'G. PARAPET 3rd FLOOR 14'-2" 11 C 2nd FLOOR 0'-0" (693.5) MAIN FLOOR aislitto 1 i WEST ELEVATION ■I y1 irk a ob. 7-7 OA *A. 1 tOrIMIErlErlErgrIMA 1 FEB. 28, 2014 0 Y� 10 20 WATER STREET INN ADDITION TO THE WATER STREET INN STILLWATER, MINNESOTA ARCHNET U S a 0 EXISTING ROOF SERVICE DN— (.-Th 1/B". V-0" ROOF PATIO BAR SDN -ED - - -0 ARCHNET s architecture • interiors sustainable design 333 N Main St. Ste. 201 Stillwater, MN 55082 651-430-0606 archnetusa.com WATER STREET INN ADDITION 101 WATER ST. S. STILLWATER, MN Item Revisions Date Registration Information I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision, and that I am a duly Licensed Architect under the laws of the State of Owner Printed Name MICHAEL F. DIEM Signature DATE 2-13-1.4 License # Project Status Sheet Information ROOF PLAN Protect No : 1.3-142 Drawing No : Drawn By : MD2 Checked By : MPD A 10 4 Date : 2-13-14 ©201.3 ARCHNET, Inc. Ulwater THE 61RTNPLACE OE MINNESOTA PLANNING REPORT DATE: August 28, 2017 TO: Mayor & Council Members APPLICANT: Elizabeth Nelson REQUEST: Waive requirement for impervious driveway surface LOCATION: 300 East Willow Street REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION Elizabeth Nelson has made application for a Type B vacation rental for her home at 300 E Willow St. The City's vacation rental ordinance requires guest parking to be located on improved parking spaces. Elsewhere in the Zoning Code improved surface is defined as bituminous, concrete or a paver system approved by the City Engineer. The Nelson driveway is improved with Class 5 rock, which is not allowed. SPECIFIC REQUEST Nelson is requesting a waiver of the prohibition on Class 5 driveways for vacation rental properties. COMMENTS The Willow Street neighborhood surrounding the Nelson property has very steep slopes. These slopes are sensitive to erosion caused by surface water runoff. Therefore, as explained in the attached letter from Nelson, the improvements for the existing driveway were designed specifically to create permeability. Consequently, a mix of Class 5 aggregate was used to maximize this goal while still creating an acceptable surface for a driveway and parking. Nelson STHR August 28, 2017 Page 2 ALTERNATIVES The City Council has several alternatives. 1. Approve the waiver for this specific property. 2. Deny the waiver. 3. Table consideration for additional information. RECOMMENDATION Given the extreme physical challenges of this neighborhood, staff recommends approval of the current mix of class 5 for this specific vacation rental property. Attachments: Letter from applicant Picture of home Contour map cc: Elizabeth Nelson Nelson STHR August 28, 2017 Page 3 August 26, 2017 Dear Stillwater City Council: The intention of this letter is to ask for a variance for a Short Term Home Rental License. My property is located at 300 Willow Street East which is in the part of town known as Dutchtown. The topography consists of very steep hills which result in a great deal of water run-off and soil erosion. As a result, in 2009 I improved the driveway with Class 5 drive -way mix which was recommended by Rusty Schmidt who was a Natural Resource Specialist who worked for Washington County Conservation District. Thus a class 5 drive -way provides a permeable surface rather than an impervious surface which would cause all rain water, as well as water from up the hill to run-off towards the river. Additionally, in 2008 I received a grant from Brown's Creek Watershed District to put in rain gardens on the north side of my lot to prevent soil erosion, water run-off, and to allow for water penetration. The agreement was that I maintain the project for 10 years which I have done and plan to continue to do. In 2009, I received another grant from Brown's Creek Watershed District to put a green roof on the link between my house and garage. This also helps to prevent water run-off and soil erosion. Again this agreement is to maintain the project for 10 years which I have done and will continue to do. Given the topography of my lot, I believe a Class 5 drive -way mix is the best possible surface. The driveway is approximately 1640 square feet. If covered with an impervious surface, I believe it would be in opposition to Brown's Creek Watershed District's mission, and not environmentally sound. I appreciate your time and consideration in the matter. Respectfully, Elizabeth Nelson 300 Willow Street East Stillwater, MN 55082 651.890.2553 Nelson STHR August 28, 2017 Page 4 ' ' \ I / ./. MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: September 14, 2017 SUBJECT: Declaring Costs to be Assessed, Ordering Preparation of Assessment Roll and Calling for the Hearing on Proposed Assessment for the 2017 Street Improvement Project (Project 2017-02) DISCUSSION Work on the 2017 Street Improvement Project is nearing completion. Work that remains, includes restoration for Moore Street, final lift of asphalt for the reconstructed areas, and installation of volume control practices (rain gardens and underground storage). Based on the work completed and estimating the cost of the remaining work, a final estimate of the project has been prepared. The final step in the improvement process is to declare costs to be assessed, ordering preparation of assessment roll and call for the hearing on proposed assessments. These items can be found in the resolutions with this memo. If approved, the assessment hearing date will be set for Octoberl7th at 7 pm. With notices mailed out the affected property owners, two weeks prior the meeting. RECOMMENDATION Staff recommends that Council declare costs, authorize the preparation of the assessment rolls, and call for a hearing on the projects. ACTION REQUIRED If Council concurs with the recommendation, they should pass the following resolutions: 1. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR THE 2017 STREET IMPROVEMENT PROJECT (PROJECT 2017-02). 2. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR THE 2017 STREET IMPROVEMENT PROJECT (PROJECT 2017-02). RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2017 STREET IMPROVEMENT PROJECT (PROJECT 2017-02), L.I. #413 WHEREAS, by a resolution passed by the Council on September 19, 2017, the city clerk was directed to prepare a proposed assessment of the cost for the 2017 Street Improvement Project. The following is the area proposed to be assessed. Properties abutting Moore Street West, William Street South (Myrtle St W to Oak St W), Seeley Street South (Olive St W to Pine St W), Brick Street South (Olive St W to Pine St W), Hemlock Street South (Olive St W to Pine St W), Grove Street South (Olive St W to Pine St W), Center Street South (Olive St W to Pine St W), Oak Street West (Sherburne St S to west of Seeley St S), Myrtlewood Court, Surrey Lane, Driving Park Road, Benson Boulevard East, Paddock Circle, Trotter Court, Fifth Avenue South, Fourth Avenue South, Third Avenue South, Second Avenue South, Hillcrest Drive, St Louis Street East, Burlington Street East (Third Ave S to Fifth Ave S), Dubuque Street East (Third Ave S to Fifth Ave S). WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. A hearing shall be held on the 17th day of October, 2017 in the city hall at 7:00 p.m., or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by November 16, 2017. He/she may at any time thereafter, pay to the City Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the City Council this 19th day of September 2017, Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 2017 STREET IMPROVEMENT PROJECT (PROJECT 2017-02) WHEREAS, a contract has been let and costs have been determined for the improvement of streets and utilities and the contract (bid) price for such improvement is $1,524,333.30 and the expenses incurred or to be incurred in the making of such improvement amount to $256,024.75 so that the total cost of the improvement will be $1,780,358.05. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $643,619.07 and the portion of the cost to be assessed against benefited property owners is declared to be $1,136,738.98. 2. Assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2018, and shall bear interest at the rate of (4) four percent per annum from the date of the adoption of the assessment resolutions. 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the council this 19th day of September 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk September 13, 2017 ECEIVE SEP 13 2011 Mayor Ted Kozlowski and Council Members BY: Attorney David Magnuson Stillwater City Hall 216 4th Street North Stillwater, MN 55082 Re: Street Construction of Moore Street West Dear Sirs, We are writing again as neighbors on Moore Street West who are affected by the assessments for the current road construction. Moore Street West is a two block street with houses on the south side and the private Stillwater Country Club (SCC) which runs the full length of the north side. Moore Street ends and makes a right turn into Fourth Street. The parking lot for SCC is a short distance .from that turn. Therefore, vehicles associated with SCC use Moore Street; in fact, many of the cars that drive on Moore Street are coming or going from SCC. Given that the standard for special assessments is the benefit derived from the work done, we were extremely surprised to learn that although all of us are being assessed a substantial amount, SCC is not being assessed at all. We have brought this to your attention previously and repeatedly without receiving any answers that make sense. We have beentold a number of things which, when evaluated, do not support the City's position, as follows: 1. First, we were told that SCC does not receive any benefit from the reconstruction of Moore Street. This does not take into the large percentage of cars that come down Moore Street going to or coming from SCC. In fact, they continued to use the street when it was torn up and had signs stating "no thru traffic." Clearly, they did not think of themselves as thru traffic; they treated and continue to treat Moore Street as part of the entrance to SCC. Likewise, employees of SCC use Moore Street for access to SCC's golf course for their equipment (See attached photographs.) At a minimum, SCC is deriving as much benefit as the residents of Moore Street. 2. We were also told that the City would be paying for SCC's share. This has proven to be false. There has been no change in the percentages, meaning that the intention is that the City (i.e. taxpayers) would be paying 30% of SCC's share and those people being assessed would pay 70% of SCC's share. 3. Next, we'were told that SCC was not being assessed because its address is on Fourth Street. This explanation fails to take into account the fact that there are homeowners with addresses on other streets, including Fourth Street, who are being assessed for the portion of their property which borders on Moore Street. This would seem to be a violation of equal protection of the laws. 4. We have been told that the Minnesota case, Southview Country Club v. City of Inver Grove Heights,263 N.W.2d 385 (1978), controls, holding that golf courses are not subject to special assessments. However, that is not what that cases says, and it is not relevant to the present situation. Southview involved a proposed assessment of two parcels of land owned by the country club. One of the parcels held the driving range and five of the eighteen holes. The other parcel was undeveloped but belonged to the country club. The issue of law that the court decided was that the undeveloped parcel should not be assessed by it best use, which would be as private land, available for development, but as a part of the whole country club. The remaining fmdings of the court were fact based, involving sewer lines and water mains running next to the two parcels at issue and which were not necessary for the golf course as a whole. There are no separate parcels in the SCC matter so the legal issue does not apply. Additionally, the facts are different and must be decided on their own merits. This case does not control. 5. We have also been told that section 273.112 of the Minnesota Statutes required that country clubs not be assessed. This section does allow country clubs special consideration and deferments from property taxes, along with other open space properties, such as cemeteries. However, this section is silent on special assessments which are controlled by section 429.051. Special assessments are not the same as property taxes. It has long been established in Minnesota that the legislature intended to differentiate between general taxes and local assessments and even when property is exempted from general taxes, it is not exempted from local assessments. Washburn Mem'1 Orphan Asylum v. State. 73 Minn.343, 76 N,W, 204 (1898). Even when the exemption from property taxes is constitutional, the Minnesota Supreme Court has made it clear that entities exempt from taxation under Article X, section I of the Minnesota Constitution (such as 'all churches, church property [and] houses of worship') must still pay special assessments for local improvements. See, State v. Roselawn Cemetery Ass'n, 259 Minn. 479, 481, 108 N.W.2d 305, 307 (1961). This is because 'the underlying idea of all such assessments' is that the payers of the assessment constitute a "portion of the community .. . specially benefited in the enhancement of property peculiarly situated as regards the contemplated expenditure of public money.' State v. Reis, 38 Minn. 371, 373-74, 38 N. W. 98 (1888). First Baptist Church of St. Paul v. City of St. Paul, 884 N.W.2d 355 (Minn. 2016). The Minnesota Court of Appeals reached the same conclusion considering the 1970 Amendment to the Constitution in Bryant Avenue Baptist Church v. City of Minneapolis, AE16-1328 (filed March 27, 2017). The court ruled that the language of the amendment did not exempt churches from special assessments. Here, the statute exempts country clubs from paying the full extent of property taxes, but it does not, by specific language or intent, exempt them from special assessments. This conclusion is reinforced by the fact that cemeteries are included under section 273.112 but there is a specific statute that exempts cemeteries from special assessments. Minn. Stat. section 307.09. There is no similar statute that exempts country clubs from special assessments. Had the legislature intended country clubs to be exempt from special assessments, it would have enacted a similar statute. It did not do so. Section 273.112 provides no support for the City's argument that the SCC should not have to pay this special assessment. 6. The last argument that the City has made is that it had SCC appraised and the appraiser found that there would be no benefit from the road construction. There are several problems with this. First, on what basis did the appraiser come to this conclusion? What information was available regarding the use of Moore Street by members of SCC and by its employees? How is SCC different from the other property owners along the street who, like SCC, fail to see how the benefit from the road work is related in any way to the amount they are going to be required to pay. The bigger problem, however, is that in determining special assessments, the City must treat all members of the same class of property owners uniformly. The City has developed a policy that sets up several classes of property, among them, properties whose streets are fully reconstructed and those who are partially reconstructed. The city then divides the cost of 70% of the cost of the project for each class by the number of properties in that class. Note, there is nothing in this formula that addresses or calculates the market value of the properties being assessed or whether the market value would be increased by the project. SCC is in the class of properties whose street was fully reconstructed. But, it was not treated uniformly. The only way to do so would be either for the City to appraise all properties to determine the benefit based upon the increase in market value of each or simply to apply the same formula to SCC. That, in fact, would be the only way to ensure that SCC is a portion of the community assuming community responsibilities and that all citizens of the community are treated fairly. Fair treatment is what the property owners on Moore Street are seeking. The City has tried very hard to justify treating a private country club differently than all other property, including the church which has been assessed for the current street construction. There is no justification. SCC is as responsible as all others to do its civic duty. Thank you. Very truly yours, MOORE STREET W. RESIDENTS SIGNATURES FOR LETTER 9113117 67 a/i.f4/1 • a4/mA 56A_A_e,t40-)J LP\ () )013-( rfrcbt( s 1 BOARD AGENDA Board of Commissioners SEPTEMBER 12, 2017 — 9:00 A.M. Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Weik, Chair, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a 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 County Administrator. The County Board Chair will askyou to come to the podium, stale your name and city ofresidence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board ofCommissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, ori fit is not relevant to an issue that is part of Washington County's Responsibilities. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Health and Environment — Judy Hunter, Senior Environmental Manager A. Public Hearing — Resolution - Approval of Amendments to the Washington County Solid Waste Ordinance No. 114 for Waste Designation B. Approval of the 2018-2019 Ramsey/Washington Recycling & Energy Board Joint Activities Budget 5. 9:40 Public Works — Jan Lucke, Transportation Planning Manager Approval of the Cooperative Funding Agreement for the METRO Gold Line with Ramsey County, Ramsey County Regional Railroad Authority, and Metropolitan Council 6. 9:50 General Administration — Molly O'Rourke, County Administrator Approval of Comment Letter on Rice Creek Watershed District Board of Managers of Proposed General By -Laws Revision 7. 10:00 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. 8. Board Correspondence 9. 10:15 Adjourn 10. 10:20-11:20 2018 Proposed Budget Workshop — Don Theisen, Director Public Works and Capital Funds Break 11. 11:25-12:00 2018 Proposed Budget Workshop — Don Theisen, Director Regional Railroad Authority Break 12. 12:20-12:50 13. 12:55-1:25 Board Workshop with Public Works — Hally Turner, Planner II Discuss the Transit Needs Study Board Workshop with Administration — Kevin Corbid, Deputy County Administrator Review Proposed 2018 Washington County Levy and Budget Assisthre kstemin g devices are available for use in the County Board Room rev, ,,'i.eertrs..... w.= M.s..r.ny..,. i,row. rp nv.:.e rrae.a..,rr rr.S11 e'rn rrwr EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * SEPTEMBER 12, 2017 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of August 22, 2017 County Board Meeting Minutes. Community Services Human Resources Property Records and Taxpayer Services Public Health and Environment Public Works B. Approval to appoint Luis Pena, Cottage Grove, to the Community Development Block Grant Citizen's Advisory Committee as the District 4 representative, to a partial term expiring December 31, 2019. C. Approval of a 1.0 Full Time Equivalent (FTE) Social Worker and 0.5 FTE Family Service Worker positions for the Parent Support Outreach Program. D. Approval to adopt revisions to the County's Rules & Regulations Sections 16 and 17, and delete related Policies 5201, 5203, 5204 and 5505. E. Approval of the plat of Homestead Estates Second Addition in Denmark Township. F. Approval of authorization permitting the Department of Public Health and Environment to Restructure an existing Full Time Equivalent from non -supervisory to supervisory. G. Agree to terms of Joint Power's Agreement #2 for continued coordination of the hauler licensing program, and pursue the development of an agreement with Metro Counties (Hennepin, Ramsey and Washington) that own a waste processing facility. H. Approval of Amendment No. 1 to 2015 Capital Grant Agreement #04-2015-01 between the Counties Transit Improvement Board and Washington County for the Gateway Bus Rapid Transit Project extending the term of the grant to December 31, 2018. I. Approval of Amendment No. 1 to 2016 Capital Grant Agreement #04-2016-01 between the Counties Transit Improvement Board and Washington County for the Gateway Bus Rapid Transit Project extending the term of the grant to December 31, 2018. Sheriff's Office J. Approval of a resolution accepting fundraiser proceeds for the Washington County Sheriff s Office Explorers Program. K. Approval of a grant agreement between the Minnesota Department of Public Safety and Washington County in the amount of $199,875 for the period of October 1, 2017 through September 30, 2018. L. Approval of a resolution for a mutual aid agreement for County Sheriff transport. 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 flsteniep devices are available far use aR the County Beard Roam na..r a. ae...a.:..r....a., woe ,,r �.,•p-�T.p, e,-krra. &-..w. dUJKern_s1.1 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER