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HomeMy WebLinkAbout2018-01-02 CC Agenda Packet -f,i , ter llwa 216 41h Street N, Stillwater, MN 55082 q's 651-430-8800 The Birthplace of Minnesota www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING January 2, 2018 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M.AGENDA I. CALL TO ORDER 11. ROLL CALL 111. OTHER BUSINESS 1. Discussion on Lift Bridge Brewery future plans 2. Update on state changes to small wireless regulations IV. STAFF REPORTS 3. Police Chief 4. Fire Chief S. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator 7:00 P.M.AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 11. Possible approval of December 19, 2017 regular meeting minutes, November 21, 2017 and December 19, 2017 closed session minutes. IX PETITIONS, INDIVIDUALS, DELEGATIONS&COMMENDATIONS X. 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. XI. 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 2018-001, directing payment of bills 13. Resolution 2018-002, designation of depositories for 2018 14. Resolution 2018-003, designating a responsible authority and assigning duties in accordance with the State of Minnesota Data Practices Statute 15. Resolution 2018-004, designating the Stillwater Gazette and St.Paul Pioneer Press as the City's legal publications and approving contracts with the Stillwater Gazette and St.Paul Pioneer Press for 2018 16. Resolution 2018-005, approving licensee name change of Holiday Stationstores Inc.to Holiday Stationstores, LLC 17. Resolution 2018-006, appointments to Library Board of Trustees 18. Resolution 2018-007,approval of Dock Permit for St.Croix Boat&Packet and Wharfage Permit for Gondola 19. Resolution 2018-008, resolution approving amendment to the contract with Wenck Construction for Construction Management for Phase III of City Hall project 20. Resolution 2018-009, resolution approving amendment to contract for design services related to Police Station and City Hall remodeling project 21. Resolution 2018-010, approving license to use real property- Hazardous Waste Day Collection & Electronics at Lily Lake - May 19, 2018 22. Resolution 2018-011, 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 23.Resolution 2018-012, approving the Certified Local Government GrantAcceptance Form from the Minnesota Historical Society 24,Resolution 2018-013, approval of contract between the City of Stillwater and Sand Creek Group, LTD I. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 25.HPC Case No. 2017-32. This is the date and time for a public hearing to consider an appeal request by Chuck Dougherty,property owner,for the reconsideration of the HPC's partial denial of a Design Permit Review for the property located at 101 Water Street South in the CBD district. PID 2803020410116. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 1, 2017. (Tabled from December 19, 2017 meeting) 26. CPC Case No. 2017-61. This is the date and time for a public hearing to will consider a request by WestRidge Development, LLC, property owner and Kevin von Riedel, applicant, for the consideration of a Preliminary Plat, Zoning Map Amendment and any Variances related thereto, for the property located at 12991 Boutwell Road in the AP District.PID 3003020110014.Notices were mailed to affected property owners and published in the Stillwater Gazette on December 1, 2017 (Resolution and 1st Reading of Ordinance - Roll Call) 27. CPC Case No. 2017-56. This is the date and time for a public hearing to consider a request by Randy and Judy Petrie, property owners and Todd A. Erickson applicant, for the consideration of a Preliminary Plat, Zoning Map Amendment and any Variances related thereto for Notthingham Village, a single family subdivision for the property located at 12220 Mckusick Road N in the AP district. PID 1903020240002. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 1, 2017 (Resolution and 1st Reading of Ordinance - Roll Call) 28. CPC Case No. 2017-62. This is the date and time for a public hearing to consider a request by Brown's Creek West LLC, property owner, for the consideration of a CUP and Variances to build a new residential condominium at the property located at 107 Third St N in the CBD district. PID 2003020420059, 2003020420060, 2003020420061, 2003020420169. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 1, 2017 (Requested by applicant to be tabled to January 16, 2018 meeting) 29. CPC Case No. 2017-64. This is the date and time for a public hearing to consider a request by The City of Stillwater for the consideration of a Zoning Text Amendment to modify the Short Term Home Rental Ordinance (STHR). Notice was published in the Stillwater Gazette on December 22, 2017. (1St Reading of Ordinance - Roll Call) II. UNFINISHED BUSINESS III. NEW BUSINESS 30. Mills on Main appeal of Downtown Parking Commission denial of restricted parking on Mulberry Street 3]. Designation of Vice Mayor (Resolution - Roll Call) 32, Council Representative Appointments to Boards and Commissions (Resolution - Roll Call) IV. PETITIONS, INDIVIDUALS, DELEGATIONS &COMMENDATIONS (CONTINUED) V. COMMUNICATIONS/REQUESTS VI. COUNCIL REQUEST ITEMS VII. STAFF REPORTS (CONTINUED) VIII. ADJOURNMENT gl Avol Lift Bridge Brewing Co - Project Overview 1071K; � Introduction Lift Bridge Brewing Co (LBBC)was established in 2008 as Stillwater's first brewery since prohibition. Since opening, we have grown our production from " 105 bbls to an estimated 19,000 bbls in 2017. We 3 have outgrown our current facility in Stillwater and T now over half of our production comes from a ,,,Att contract production facility. The board has established a 10 year strategic plan which includes _ building a new brewery and to bring all of our production back under our control. We would like to build this project here in Stillwater, but the land and building costs could potentially put the project out of reach for us and cause us to look elsewhere. Project Overview By November 1st, 2019 we plan to be operating in a new production facility. It will likely be between 30,000-40,000 square feet and would include the production facility, offices, private event space and a new taproom. The facility would open with the capacity of 35,000 bbls/year and have the capabilities to scale to over 80,000 bbls/year. Based on an architectural review,the project would require approximately 5 acres of land to accommodate the 10 year strategic plan. The facility would grow to 70,000-80,000 square feet by 2025. We estimate we will add 15 jobs in the first 5 years and an additional 20-30 by the end of of 2025. We estimate Phase 1 will cost approximately$10,500,000. Capital equipment purchases and internal utilities investments will likely be$5,000,000. We are forecasting to invest approximately$500,000-$1,000,000 annually on capital purchases throughout our 10 year plan. It will also require expanding the facility at some point between 2022 and 2027. Phase Land+ Building Square Feet(Total) Equipment New Employees Phase 1 $5,500,000 30,000-40,000 $5,000,000 15 Phase 2 $4,000,000 70,000-80,000 $4,000,000 20-30 Request In an effort to address these challenges, Lift Bridge Brewing Co is requesting consideration of a $1.675 million investment in the form of Tax Increment Financing to address the extraordinary costs and make the project feasible. Lift Bridge Brewing Co- 1 I Page m Nb 1 rG T 4 P; Ak 1� p' 0 I M 1 AA Ni 0 I /4,.,, PLANNING MEMO MEETING DATE: December 20, 2017 (HPC) CASE NO.: N/A December 13, 2017 (CPC) REGARDING: City-initiated Small Cell Infrastructure Zoning Text Amendment (ZAT) PREPARED BY: Abbi Jo Wittman, City Planner RELEVANT INFORMATION Wireless refers to communication without wires or cables. In its broadest sense, wireless encompasses many different technologies and devices;these are as small as a TV remote control to as large as a cellular tower. With an increase in smartphone use, as well as advances ins% technology for certain types of businesses,there is a greater need for wireless infrastructure. The new infrastructure needed is not just traditional cell towers (sometimes referred to as Megacells, with coverage area in miles). New wireless facilities,herein referred to as Small Wireless Facilities are smaller,more targeted, and much more numerous than traditional cell towers;these are known as Microcells,Macrocells and Picocells Figure 2:DAS Example which are either smaller towers or antennae, covering more localized areas. Distributed Antenna Systems (DAS) and Data ( ) � Collection Units DCUs are two different es :uuuuuuu�u� 1 of small cell infrastructure. DAS increases capacity in local,targeted and underserved areas. The infrastructure is generally installed by quasi- public third party utilities (opposed to the network provider) on rooftops and in right-of- ways. DAS networks involve different types of Figure 2:DCUExample installations: poles, antennae (nodes),control boxes on poles,cabinets on ground, and fiber optic cable to a central hub site. Public ROW installation typically includes 4-5 ft. antennas on current utility poles or new 25-45 ft. fiberglass poles in areas where all utilities are underground. DCUs communicate with other types of devices (such as meter readers). DCUs are being deployed primarily by electric utilities. Different types of infrastructure components are common including antennae on existing and "additional" poles,must taller poles with antennae on top and even refrigerator sized ground- mounted cabinets. CITY ACTION REQUIRED Companies typically want to install these small cell infrastructure in public rights-of-way (ROWs). In May,2017,Gov. Dayton signed into law a bili amending the state's Telecommunications Right-of-Way User Law which streamlines permitting systems for small cell infrastructure. The law creates the following new definitions: Small Wireless Facility: 1) a wireless facility that meets both of the following qualifications: a) each antenna is located inside an enclosure of no more than six cubic feet in volume or,in the case of an antennae that has expose elements,the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and b) all other wireless equipment associated with the small wireless facility,excluding electric meters,concealment elements,telecommunication demarcation boxes, battery backup power systems, grounding equipment,power transfer switches, cutoff switches,cable,conduit,vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment,is in aggregate no more than 28 cubic feet in volume; or 2) a micro wireless facility (which is further defined as"a small wireless facility that is no larger than 24 inches long, 15 inches wide,and 12 inches high, and whose exterior antenna,if any,is no longer than 11 inches. Wireless Service:means any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi,whether at a fixed location or by means of a mobile device,that is provided using wireless facilities. Wireless Support Structure:means a new or existing structure in a public right-of-way designed to support or capable of supporting small wireless facilities, as reasonable determined by a local government unit. Wireline Backhaul Facility:a facility used to transport communications data by wire from a wireless facility to a communications network. The City must review its current ordinances to determine whether they comply with the newly adopted laws and regulations and address new technologies inside and outside of the ROW. This will include incorporation of recent state law changes, separate requirements for tower and non-tower facilities in residential,commercial and historic districts in and out of the ROW, collocation and"second generation" facilities. This will affect, at a minimum, City Code _r'HPX Cc[[fu'lhstmctirrc CPC: Dc}ccitibcr 1 n, 017 Ngc 2 07;5 Chapter 24, Streets,Alleys and Public Property, as well as City Code Section 31-512,Regulation of radio and television towers. Information from the League of Minnesota cities regarding the newly- adopted state law,information memo about regulating cell towers and small cell technology, as well as a summary article about the changes and the ways the City may regulate these types of improvements is attached for Commission review. PUBLIC PURPOSE There are two purposes of the future Zoning Text Amendment: 1. To provide for fair,reasonable, and non-discriminatory access to City-owned infrastructure in the public right-of-way while designating a streamlined permitting process. 2. To establish design requirements for the installation of new wireless support structures to ensure visual compatibility with their surroundings. DISCUSSION The City only owns a few desirable structures that would function for small wireless facilities. Almost all power poles and street lights in the City are owned by private utility companies. However,the new law declares these small wireless facilities to be an outright permitted use in any non-single family residential districts as well as designated historic districts. The impact of the new State law could be a dense network of the small wireless infrastructure in every zoning district except single family districts. The Zoning Text Amendment should address the following. Staff has provided comments to help initiate discussion. Discussion item Law Reference Staff Comments Use As noted,improvements are an In single-family residential and outright permitted use in any non- historic districts,the City will single family residential district as need to modify its zoning well as designated historic ordinance to allow by districts. Conditional Use Permit. The code will need to be amended to allow for small wireless facilities to be allowed in all other districts as an outright permitted use. Annual Registration All small cell wireless companies The City currently has a must annually register with the registration program managed City. by the Engineering Department. Permitting Process The City may require a permit The City currently has a right-of- prior to installation. A denial of way permit program that the permit must be made in addresses excavation and writing within three business days I obstruction. Though a CPC: Dc}cci'tibcr 1 n, 017 Ngc 3 c7;5 of the application submittal telecommunications user is a otherwise the permit must be right-of-way user,there is no approved within 90 days. One permitting process in place. permit application may be used Additionally,there are no for up to 15 different small cell standards for construction and infrastructure improvements,if all installation of small wireless are the same. The City cannot facilities. request information that has previously been submitted in a Permits issued are often for the previously approved application life of the facilities. Collocation Collocation is allowed as the City staff has obtained a template Agreement/Leasing electricity is already in place. agreement to allow for However,the City cannot dictate collocation. which pole the facilities may be placed on but can require minimum separation from wireless support structures. Management Costs The City may charge for The City charges will need to be and Fee Schedule registration,each ROW permit determined by the City Council, and engineering costs. Certain fees with guidance from staff. are capped by state law. Lease (or collocation) fees can be charged on a competitively neutral basis,based on actual costs incurred and must represent all users of the public ROW, including the City. Rent can be charged if the small wireless is proposed on a City- owned support structure. Design The City can reasonably determine Design standards should be Requirements which types of structures are developed in the zoning code to capable of supporting the address existing structures (signs, facilities. poles,lights,etc.) in and out of residential and historic districts. The City can require decorative While this will necessitate poles. planning and zoning review and approval prior to the issuance of The law indicates the support a permit,this would help reduce structures and facilities cannot the visual impact these types of exceed 50 feet(lesser of either 50- facilities may have on Stillwater. foot pole or 10 feet above highest pole),unless the local government Communities have addressed unit agrees to higher heights to these requirements by having all CPC: Dc}cci'tibcr 1 n, 017 match other poles within the facilities and support structure vicinity. concealed or located underground. Denials The City may deny small wireless The City should develop health, facilities on the basis of health, safety and welfare determinants. safety and welfare. TENATIVE TIMELINE The new law also creates a streamlined permitting process for new small cell infrastructure,if the City would like to establish a permitting system. The deadline for establishing a permit application and process was November 31,2017. As a result, City staff is aiming to follow this tentative timeline for the development of this city-initiated Zoning Text Amendment: Meeting Date Action December 13,2017 Planning Commission Introduction December 20,2017 Heritage Preservation Commission Introduction January 2,2018 City Council Introduction January 10,2018 Planning Commission Review of Legislative Changes January 17,2018 Heritage Preservation Commission Review of Legislative Changes February 14,2018 Planning Commission Public Hearin February 20,2018 City Council Public Hearin (1St Reading) March 6,2018 City Council Public Hearin (2nd Reading) ATTACHMENTS MN Laws 2017, Chapter 94,Article 9 legislative changes LOMC Information Memo- Cell Towers, Small Cell Technologies &Distributed Antenna Systems LOMC Article- Letter of the Law:Regulating Cell Towers and Small Cell Technology LOMC 2017 Telecommunications Right-of-Way User Amendments, Permitting Process for Small Wireless Facilities City Code Section 31-512: Regulating of radio and television towers City Code Chapter 24: Streets,Alleys and Public Property _r'HPX Cc[[fu'lhstmctirrc CPC: Dc}cci'tibcr 1 n, 017 Ngcr 5 07;5 ARTICLE 9 TELECOMMUNICATIONS Section 1. Minnesota Statutes 2016, section 237.162, subdivision 2, is amended to read: Subd. 2. Local government unit. "Local government unit" means a county, home rule charter or statutory cit er town. o u:.. This section is effective the day following final enactment. Sec. 2. Minnesota Statutes 2016, section 237.162, subdivision 4, is amended to read: Subd. 4. Telecommunications right-of-way user. (jL), "Telecommunications right-of-way user" means a person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right- of-way, that is used or is intended to be used for � o i r p r;�,s �,r �� u� r o i transporting telecommunications or other voice or data information. A cable communication system defined and regulated under chapter 238, and telecommunications activities related to providing natural gas or electric energy services a public utility as defined in section 21613.02, a municipality, a municipal gas or power agency organized under chapter 453 or 453A, or a cooperative electric association organized under chapter 308A, are not telecommunications right-of-way users ort e purposes o t Is section and section 237.163, r;��;��°r�:�� ��u flnr'...r"Y,trirq This section is effective the day following final enactment,, Sec. 3. Minnesota Statutes 2016, section 237.162, subdivision 9, is amended to read: Subd. 9. Management costs or rights-of-way management costs. Lal"Management costs" or "rights-of-way management costs" means the actual costs a local government unit incurs in managing its public rights-of-way, and includes such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way (u i- f a((°it V it v permit applications; inspecting j ob sites and restoration projects; maintaining, supporting, protecting, or moving user equipment during public right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way (u it u1�1�a(V.:� � �it u r� r u aI(JHtivl permits. Management costs do not include, LIJ payment by a telecommunications right-of-way user for the use of the public right-of-way;;, V ,� lulYll]C("a( (glYllq(�LP�(" f,"( s, of,d �llilu"�� �:�rbu"� .('01111AINICt011" US,("C] ]I"uV rb �Q4`aU1111ilt dS aull' (V� u1111 ➢ulldwull. . uIs, 11178 !1 . uu w a"➢v, ut ( U(fuu10t to a.��uully n( I�.y ( (b1111,,,71IIau( 71(b11 �( ( 6("1(1 71(V (,a II IPaus,("„( lu12(2]C2 ("„(VluII1171S,.°, 4 (u 1111111111'll,,lu 111111( au l;Jl(V 11 a�i ILJ ' 11111111( 11,1I J J.�Ja o wdY US( II 011 ( II ( auq�( 1� .., the fees and cost of litigation relating to the interpretation of this section or section 237.163 or any ordinance enacted under those sections, or the local unit of government's fees and costs related to appeals taken pursuant to section 237.163, subdivision 5. EI....."]�� This section is effective the day following final enactment,, Sec. 4. Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to read: S H.1L((:.. 10. CollllllocaI "Collocate" or "collocation” means to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately a local government unit. This section is effective the day following final enactment,, Sec. 5. Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to read: SHIII I I . S>IIi��ii�llllll1�� ���”i"Illi"si1 " III ����'. "Small wireless facility" means: (1) a wireless facility that meets both of the following qualifications',, (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet, an(] ..:Wiflh flh(", u�l7�a VV � �ilu� Vr� fi 6h .,. r°��°;��u4�llu4��;�r^�r"4°�7r?I4° u111ir^fir u�,. �°4�IC1�4°r�a4p11�11�r�1r1�� r�;pr�u111�r�1r1��� . 11r^pr;^4"4Vu111�u11� � til �r�u111�a4u�4a471i14VIC11 �1u4V1'r°�.,, p 1 ` � l .i : ��„u. �n�il�4°I�nrI I'Pa471714"II" I'Pab4° alll:�.„��Vw"m�("II" ,i�/�71�"111C11.i. Il�b�lIIY11� IIIY4.., �"4�llIIL:�111111("IY11�`. ��Vw"m�(''II" 7111"a4IYll. �iw 7114 b( �.4 4 a �P�(, 4 �bII11� 1„ II ( 71�II4 a 4,a �P�( lI II 11�i ��V]I„ b( 4 ,gII11II11( 4 1„11�bII11 �b � �qw (,]I dffi 4b1 b( II �.N4IIS II4 (, ,i V' ... ablYll4 ablYll�/ ("u,��lllll��41111114"IY11� co]C114°("a4 (",4 II4u111ill :4llil'P Il4" I'll("4J`m� w"m�ll1� ll]IIYll 4V11" b(",hlllYll4 a41Yll ("XII,ijVll8 �T111"4114"1111170" 0I1" 4 (" aA(", IY114u 1111114',VII"(" flhll"4u1Y114 ( ab 111111(,,"IY1171. IS 1i ,IIVll a117°�°,,. �°. ull 2,'� 4,"1li2ll 4" l"("71 111ll V4V 4p111111(" 4VIC (2) a micro wireless facility,, EI....."]� ('" i"C II,11,:f 1l:' i"I"I This section is effective the day following final enactment,, Sec. 6. Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to read: S 1:ullrv44: . 12 U� III � nl4u„IIIA". "Utility pole" means a pole that is used in whole or in part to facilitate telecommunications or electric service. This section is effective the day following final enactment,, Sec. 7. Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to read: S 11.I-W 1:”) (a) "Wireless facility" means equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including: (1) equipment associated with wireless service;, (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; an4„J„ (3) a small wireless facility,, (b) "Wireless facility” does not include; (1) wireless support structures;,. (2) wireline backhaul facilities; oar (3) coaxial or fiber-optic cables (i) between utility poles or wireless support structures, or(ii) that are not otherwise immediately adjacent to or directly associated with a specific antenna. EI....."]� (," i"C II,11,:f 1l:' i"I"I This section is effective the day following final enactment,, Sec. 8. Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to read: S HI-W I j Micro ��Il°(ullless , "Micro wireless facility" means a small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches,, This section is effective the day following final enactment. Sec. 9. Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to read: SH11241.. 15. dt V cif IIS II4 ('"„ 44SjtI g 011"..44II11 II4 "1111�if III �� `'�.W(,���°711I4.11,111(lly, II004 44.�, II00�� 71�'b„( US,(', .Of W7� � IIi Mbf 710fJ-..",071 4wa0711Io1l,'ll....4bII by111111f a000�"..�b� a0 I17C11obIIk" 71 Oaa IIS 44SII4W4 4V("S, I11110tII404�" 444 (” `(I II'VIIC(Is 441Y0j("II Id(,I VI of 71h(", � 4V'I17111111111441Y11714"a41114V11" A4"71ttof ��Y 4 a4 04110("IY114�„("4�. II404,"k44fiIYOg d 4"a4bk,; "l. �(All4uII0 ���' . 4°hlHS,r° 44Ir�1( r°u" �.Jir4II�r�( �r�a4�r°�; � 4u( r°. �u� (� 4 ILS. .. ... This section is effective the day following final enactment,, Sec. 10. Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to read: SH.1116 "Wireless support structure" means a new or existing structure in a public right-of- way i_hg tof- way designed to support or capable of supporting small wireless facilities, as reasonably determined by a local government unit. This section is effective the day following final enactment. Sec. 11. Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to read: S HI._A 1°7. W„h°i"IIItli�� ������"�����!��!t�Ill ............:�.............III....................................... "Wireline backhaul facility" means a facility used to transport communications data by wire from a wireless facility to-a communications network. This section is effective the day following final enactment,, Sec. 12. Minnesota Statutes 2016, section 237.163, subdivision 2, is amended to read: Subd. 2. Generally. (a) Subject to this section, a telecommunications right-of-way user authorized to do business under the laws of this state or by license of the Federal Communications Commission may construct, maintain, and operate u�7�a�V V ��i�11 r p r u a��°iI V it Il r° .:, conduit, cable, switches, and related appurtenances and facilities along, across, upon, above, and under any public right-of-way. (b) Subject to this section, a local government unit has the authority to manage its public rights-of-way and to recover its rights-of-way management costs V app IIVll `,'..lpIP( M� S u 0 u r1 S y ")c, the authority defined in this section may be exercised at the option of the local government unit. The exetzeise of this ,,tAhef4y „a,tt�( is not mandated under this section. A local government unit may, by ordinance: (1) require a telecommunications right-of-way user seeking to excavate or obstruct a public right-of-way for the purpose of providing telecommunications services to obtain a right-of-way permit to do so and to impose permit conditions consistent with the local government unit's management of the right-of-way; (2) require a telecommunications right-of-way user using, occupying, or seeking to use or occupy a public right-of-way for the purpose of providing telecommunications services to register with the local government unit by providing the local government unit with the following information: (i) the applicant's name, gopher state one-call registration number under section 216D.03, address, and telephone and facsimile numbers; (ii) the name, address, and telephone and facsimile numbers of the applicant's local representative; (iii)proof of adequate insurance; and (iv) other information deemed reasonably necessary by the local government unit for the efficient administration of the public right-of-way; and (3) require telecommunications right-of-way users to submit to the local government unit plans for construction and maj or maintenance that provide reasonable notice to the local government unit of projects that the telecommunications right-of-way user expects to undertake that may require excavation and obstruction of public rights-of-way. (c) A local government unit may also require a telecommunications right-of-way user that is registered with the local government unit pursuant to paragraph(b), clause (2), to periodically update the information in its registration application. (d) Notwithstanding sections 394.34 and 462.355, or any other law, a local government unit must not establish a moratorium with respect to (1) filing„ receiving„ or processing applications for right-of-way or small wireless facility permits-, o r (2) issuing or approving right-of-way or small wireless facility permits,, ^f �f 4 44117111111111441111]IQ a0 114V1111„^1i II gm^ ll 4Vt w dV US( 11” 11110a'IV �UL04 (, d i w"m I11%, J(SS, a�4A g„g 44ull' cAIlM4II( 0II OH.0aa( �111111a0 �m IIII( (,� i a04 IL�„ILII( i ��„II 11 wm II II(' ( ii 1.N„,g4t����bII.... i�11444,11„4411( i 4,�4 a0�( �:..wI� OIg^0 ".4. 0 tg441� u4 a ugh^b! Out 2ga0,, `4g41��.t.� 4,� �4u �114(....a4t.gt41142La4V g4u g4 r 4t44i1:::r `, 441u14J( u (1144, ,( ( �o�;;;uull x0004^j, Cull- c uH u4 ap:: u11.... 4u1111 III �( ai ai44g�4 44V11� ai 71444 4411('ai uwi']1„^( (] by aO �u afl �q�("1I 111111111( 1111„ HIII1IIII.. A( II ;a0ai�glllla''�.��P�( �r t�uu( ...r 111 F� � a4 ���� 11, ut 4114ap t u�ull4i11)It, � 4uu�r�� u�u4uu11�1, x4444 „1 a ��, 4 44u11� (1111 fl411�u .r � �u4t,�, g^�L r u111u�c�lr ull� 44 Il If01i11a4 II II r� 44.4 4,a ll" 4” Oa41Cg°.�” ab ,(” to II„ c � �44V11"� `1AJC444"7!.4411"(,u"`1 XVII" "1�'�;V 4"uu.4"aA(" `1;ICllllab �J`m I111f" f"1i,, ta44°i1t11�i1r� 4 111111 a4s, 1�)o"4uv itf1j ��°�° i14u1C11 f; t�4 x44°�"u1111r"IY111„ Vt 4110a'g w�uu",� ur 4"II 1 a4 04 w III 44 g�:44V11"� X111"444"14410 14 (J) O ti�.114t 4ut`::% a4V. x44"4"4;,V4110111104q���a471f" 1i4710a4�� w"m�;llllf pr"1i 1w ta44"II�I1;7111f"1i x411"�° a4 t�4f"IC4110117171�°�„� 44`1(” IIlrO a4 ��lul;u�u4 II"II„9 7111 0 x 0 a 0 4 V 4 a„g ^4 V (;;”1 1111111111 f 1„^11 t 4411111111111111 a 0 V 4',^4 a l p 1111�'"..a 0 f ",i g 1111 "'1� ...^�q�P",�a 011'1^,.a 0 a�l�f,,, a O q]C...4 g 1111 .7 ..^�a O V ll �.. '., 11110I'NO ,( t.f II111 to 1100ai11a0�� 4 4 4�1If t�411..,.1 0f aiIIt1100 ^ �V��a0 ai111111a^�� w III f s,s, ta'➢4 ILII Vll a➢ g^ ll„1 4Vt dv 1104 a.0 (fis111C11411 4V11" 4] Cull- aillVll s�f ta01111„^1IHV Il f, ll4 f Ill d 44aif'”, 4811 w"mll11,jtI a0 ^�lll1at0I'71^C 4 IIa471II4 1 f a471aflbtf 4 f IIx➢„� 4V11 ai71A(, L,0W 4V11 671 4VII4 JIOOa0004 �'” a0ai 4V� 1110( 4Va41( 4Vt a➢„ 4 4�II4 a^1II4gII11 Cull1 a➢ �f to 4a011a0 �11a0g411ll 4,�4Vf ai II1�g„u71 dlt,1 N to x011, dS 44„g„471ai114J(' a0 4 !!!„114 II 1ll�' ..�. � .. of,t 41`m w fl, �„ a' b11 a4 II"�" /4VIC0�"4 a4IY114 44.i �" ("IY11T1I1a4,, i 4V i This section is effective the day following final enactment, except that par�ph (d) is effective January 1, 2018, for a local government unit that has not enacted an ordinance regulating_ public rights-of-way as of May 18, 2017 Sec. 13. Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision to read: 544.11:44x. :")d. "1040„� ��� � u 41 „i � g��u �umm t � 41 ( i4I, (a) A local government unit (1) may require a telecommunications right-of-way user to obtain a permit or permits under this section to place a new wireless support structure or collocate a small wireless facility in a public right-of-way managed by the local government unit,, (2) must not require an applicant for a small wireless facility_permit to provide any information that; (i) has previously been provided to the local government unit by the applicant in an application for a small wireless permit, which specific reference shall be provided to the local government unit by the applicant; an(j Vilil� ilii If114g1II"("ab`mill1a411'P v 1'1(,: �`1111"v,..to I1%,v11("ww� a4..�11("II"11111i1t a4j)P�lc4 471114VI011 foul" c(mllllp�I1a4'1114"(" w11711I a1v a1 4,g1a1114l II( aI s,o 1111alllu ( 1( aI�t i Sa1�„f t1 , all„ll4j w"mfi111( II(” a17111„ P111Si a1114I 14 "1111114gI011 111"ab (" 4"4811[1 1 IIa4 14°�" w1171,;1 alpp 714” lb (" 1 11",4 4V11[11111111111011114"a41114V1011, 4V11111111111111 4 1111 II �1 a41114V1011 11111u1Y g II"a44j110 fill("4Q11" Qt[ll(,"u' i1lY foll'11111altl4u1C11 a"r"u luilu'r"4 In fllhls, lir"4,`tiloln1;, (3) must ensure that any application for a small wireless facility permit is processed on a nondiscriminatory basis; an4:j. (4) must specify that the term of a small wireless facility_permit is equal to the length of time that the small wireless facility is in use, unless the permit is revoked under this section. (b) An applicant may file a consolidated permit application to collocate up to 15 small wireless facilities, or a greater number if agreed to by a local government unit, provided that all the small wireless facilities in the application„ (1) are located within a two-mile radius;, (2) consist of substantially similar equipment; an(j (3) are to be placed on similar types of wireless support structures,, 1011 II"�"10111,`,( II1111��; a4 1 �"4"I1,�i114g1011 487011 a4 4"4g1011`w4q 111 a�471("1 �:11,:"II"11111171 a��l�l�j11 114"a;1171114g1011. ab 4q4"a4 � 4qw'("11;;101111111("101171, 1111111111 Hilal ➢ 4 41144w'� d 1?�„111111171 f4.11 smni111„( snllla �� w III�'�°�( �i�i fa„➢„4 II�11711I(” i a1114l 4 ( II 11 �4( II 1111„111 fol 4�„71111( II4r, 1P4411„ 11111ay II14b71 HS,( 4h( 11,1118 4b�...4bII11( 4211 11114211(,.j1( II111117ts, al s, aI 11Nls'11, to 4]( 1Cly affl 111;1( si1111la,ffl w II 11„4� �( �i�i fill IIhtl(,s u11 X111( a1 � u4 r11u4.:11�11.�. V4 1� r➢ �4V4 r'1:„ � 4Vwr 7111x111( x7111 1111117111�� r1jM�.]l4 r171u4V]11 , w"m x1111:11„a 11 r1 1 l: gr v ]24:::1„uo(I uII44117111 4gII11(' 1211 x111114111( alpp.�.II4 x111711;4 ll1i,., a1� II4� a1 ...,ill ( II 11111 II �4P11 11114�II(,; 1 1a111:...ry� i11111,a1�� ��r r Iia �� ° 4 4 4 . � V QO ch1 1 (�a41 V�x11r� iu11111]214 S,("1] ilt! `w1111",D1Ii1w'il`wi1U11111 a44°II 711(" 424,"a4 1.4gw/("II"1011II1111�„10117111101111711111 a4 ("X71("10111, 7111(" Y ... u �. abIY1 ab;4I4I1171114q]Cllab� k�� 41ab `w 1�f ab �4q4°ab� 4q�( IlTllll1111("IC 1171 1110711171 ("�("4�„"..71`w 714q IIIC1v4gk,(" 7111Iwi (":%471("IC 11wiII4;;gIC11. II71111[llll`w... 11 foil"11111 illi WlJ�illu �. x411 11�1��1Vi14°1,4111 7142 w1�[1421111l t[1(, r^ 1r"11 114111 w1lH .111i1t it , pll' 21[1i11�;u11t(14j 11,(21111 lr�,��111111111 a4 �lr�u 421111 141.. aa4 a4, snlll1a4Vfl r°1r111�11(°11� 1..1 ., ... wl s,s, f1cl�ltv 11( 111111171„1 f( (-i 4,211P11a1111L1 a1 snllla➢�� wl II II�;°�( 4�4� fi� 111171 �� 1( 11111171,,,71 4211 (1]171( I 111'17142 a1 �i1C1a1 1�1142xu1�. �.... � ��4�a111 u i wl II II ; �( 4�4� �,r 1111 14 4q��o 14°u r r 71711, 11111 `r,q�( 71„ll1 42111(,"„71 14q 4 4'„„II 111 114, x111 4q 1, (1) routine maintenance of a small wireless facility:, (2) replacement of a small wireless facility with a new facility that is substantially similar or smaller in size, weight, height, and wind or structural loading than the small wireless facility being replaced; o�ir, (3) installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes,, A local government unit may require advance notification of these activities if the work will obstruct a public right-of-way,, IN(1 fl]4 44gg, itf1hk `w4411"u4Ii1w'i1`Joli'4 a,OT(Icts, f1h(, I'll "4 foil" x444 ('Il �auuug �4u g:4Va4„�°(, a4 �u . �i111111a 44 4a44 II 171V 4u1111 aI '�1'm ll 11 gg4gll SA714p4 1pll(” lla0 I�;i Ili o„w llllf (:; b 0 k,q4 a'➢ °.�u '6°u r71111171r�7r71 lulr71i1 �u dull”�aJtl f l"( �(l71 flh(;, �uwli'7lr1u �ufflhr 44Vu"� ilu( �r S f � UuuIr� ab V Ir71r�4°�'"4� abIN 4 a"444° ss, fi4,hj1�hty, IC1loil" sjh4 ,V� r4441J f,)4'o 'i1`wi14u44 offl14i1 ; (flh4 g:jj(° b( a4447144u11"1171" „714u �� a44"(" 7114(" .y,111111ab �w II II(" (".. .. .. .. ... 41("("1(1 710 a444("4 t f14(" 11"aa(, �(;,"IC 111111 au (] coli'll(fi6oliC11`, fool" aV4 4 (" to III,„ffla, (,Tl11("I11 aI V Iu� ° � g ,44°�444r" IC 114V11 4V�"m�44r"4 11,�,4w a4 .4Vw'r"41C11u1111r"IC 1171 441i11u� � 1u4 a u�� 4V4 a4 Ir r°�;,� x;44 4:4�u4� �;�7r.g .. .. .. .. . `,44112Cj11w'11`w1Q11I CJQ(,"vi IY114u11 a fY(,,ct au; y (";(IgsA11411114("IY1171 !Cur,,tW("("IY'11 aI ku4" fl g (.4 Yl"11"I'll 11114("JY1171 U111111t a4444l au; 44�i1!V coli'11Q°("444i144u °ullglrI44� 4u ` u114a4V� i14r�p(, �, ua44°i1Vi1Or� 4u44 kwafl U1r1111t QWI111(°(. (g.) I42....Vaa(, 11 flh1 4u4 sjy, u1144uIrllflhs, a4u a flh(",.... I ( ( 4 711„V( 4 a'471( 4u 71 gII i a44,t4uII 71 411(.( 111144u71]71 4 i 4 (;IISII44g gISiII a4„H fi &Itv fil”( (14 „qI w"m1111(, II4 ( 4114V II4 11 1 � "111171 ].44111111„ 44�„( II 4 11 1111 11( 11 11 4x471 ,ga4 i ( ("„4 71( 4 714 i( 71 4gII� 4 x 71(-]I 4114 i 4104„4 4 4uII]l( II711I4uII11� 4u 4 4,g.. 4u4 a47111.guII11 II44 aI i71a4444a4II4, SiII agH llg44”11h71v....4"4uH4u4;a471114u1Y11 �4g°.IC("("111[4("IY111 sJh4 ,ffl 4h(1V(" (q) au(j a w'a,Jk41-k: x444 a4g.II("("1111114"IY111 ![NA Wflh f14(, 4(1Q444u4 (1404, ,(,1c6o1,4 s,(,1c1,u4V114 2"17 162 A `,71x4„444 x444 u114a4 g s �444TLi1x4�1 °4Vu11111:4pr" r" 7�14ut�,�� l�u�;�aMCj1144g�. auk y:. ap,44 II II „ ...4"4u 4u4ii,xa4'�114ulYll g4g.11"("("4114("IY11� �1,4a4 'P(� ..441"Pwl�� k,4w, to 71114(" 4"4u1Y11111"x111" . 11144" �4a411"�II(" to x4„ SiII x41 4ab4,"„H4V 4"„oH4Vc° Ai14V1111 a4�.II( ("4114(1,"411 4114ab„�„ u44 4.21122,,aIt71( 11u1111`'...a u44j 4 01114(fit1I4H'II i 1111114g7144a4HV... 4 44x11( (;1 44 44u111 IIu4714u r4 xi11111a41 w4 I (- ( xi llx44 �I,,.�u�� � 4:g.VV4u� x471;11„4uu11 x4g":g1;r r u114(;i�;11� A s„ai114xffl llx44 H..: 1714/ 4 4 4.,.4 u 4 a 4 71 II„g„4 II 11 a 4 g.II(,( 11114( 4471 ll P( 11 W( ( II 11 a 4. c c 4 1l �4V4 a,�,p g14uLr'0I'll 0114r >1;l1t 4401111 x40114 x`4,�..:"✓4 00r pr , , ,r 11V u4 r g,4,p;4u�041(g>1 0 � 44,;11„11 �04�( 1(4, �� g444.1;u�u4 4�x"4x4 0114u�...."0.'... IIu44fiV 114]4 dk', x4u44j„Il xi a44 4 (;1x,x,1111PV('” to 111140,' ]2411!H4 U11111(h,111 s,( 4 71114V1111 L") 1) g,1.� 1011 a4g4g411 4 VdV ofI Si 11111affl W11 11('( ss, fi II 'I!V ]4( II'11111 lit 441144("11 fl1411S, S,(, ( 601111I a444fl1 Q11 11/( 4r 11114( � g Apr ua,4(jVi1ty..t4u 4444uwkh, g� 4114x4114471("411x444,4,,°(". 4ull" 4u:4("II"a471]I4u1Y 11 4u4 a4 wi111111a4� w4�llll"( 44wi71a�4 a4711I4u1Y11. 4 x44,`("4114("411„ 444 144u11 ll,/a4 114uIC11 W ( 411"4uw'714 (" x4441) S("1wic(" w"m�llll"(,, ( ,1wi wit"II"w'll4°(" x4444 ,11,4x4 IY114V„1111")(" 4°4;;,VIC11wi111r44(,4 114V 4,"„4VIC114r"u'.. .. 4811114("11" 11114x444 x4 W4 111"( I( ss S("4,'114"(" 441x41144. 4u11" 4ug:4(„"II"x41(" x4w�llll"(" 444(" 114x4(„"l�all4x4441„ . ` 4ull ��� II 44wi71a41�. :4�ab4�"(". 4114ab.1. . ua44°i1 i1� 1144...flh(" 11'k,.II4t of,::.wx4g'.�,.. (h) The terms and conditions of collocation under this subdivision; (1) may be set forth in a small wireless facility collocation agreement, if a local government unit elects to utilize such an agreement: (2) must be nondiscriminatory, competitively neutral, and commercially reasonable; an4:]. (3) must comply with this section and section 237.162 This section is effective the day following final enactment. Sec. 14. Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision to read: S1y112(:1. :: 11:P. S17m llllll � �°�ulll�u�� 11 III �u1111��millla enim���clild�;����� (a) A local government unit may not require the placement of small wireless facilities on any specific wireless support structure other than the wireless support structure proposed in the permit application ( II I'll 111111 111171 111111171 111111114171 IIIh111111ll1 11( �� a14 ( 111111( 111 ��� �.i11111a1 �!IIII( �( 444w Ia(4"11,11 1 4"1111111("11­ 1-PV 111111111f11111111111111111li("1:(a(1"a(111(VIY11 (III (11( (" ISP("It W("("IY11 yi11III (lH fi(lclhtl(," , (,VII" 1111x( �Iu11111111111 111I111i1U(ti1(u11 ;. ![]alt . °x((11 Wl1'(,j(1'SS, S111(PQ[ SAII' 1 AH1(,1 i111yi71d ("(I III] 111( 1i1Q.111t�� of, m("/ x(11("II" 7111(":..("11("4"11 V(" ( alt(", (VI 711:1u`1 a(4"71 `111x( 1C11(g11 (";(, 5..0 1("("11a11-P(Vv("..gII"(V111Y11( (;,". . 1110111(;,"1i 11("„��(V4 a1� 1�1.(V '("II"T1111111("10111 111011111 all"SIC("(" ��y a1 1°.IC("ab 1("II" �1(„ 111�.�11. 11�1"P�I("4",1 to ��q "ab� ,/�gIY1111111�. IC("1�,�1�ab111�'gIY11 abIY11�'„ 1111x(V IP(" 1111' (111(V1011 II"("( 11111%("1111("1011„ 1�A(111(a111 ll �( 1 t`; V11 1(° 1(u (u11 ("u. WI11. �111(i(Q[t °.� I"�1(�!Wi1t11sultl� i1 u..�°. aIu'a� �.0 a� 11...�1����. a� � i1u r�V("�,�, �1:; : �uu� 7r�1�°��111 r� �11a�� 1I'', r u�' ,. ( 1.10�1111ll (7`m(IIII( ( rye i1111(111V111 i1]Li114 711111('::...11 1x11 II� 1111 1('II 1 1x11 � ( (,, �. 11 a1Ply1�1�1II11( k,V(j 111111a1,V P(, �.��a1.u;°r 11 a1:11,,,,711r 1( 11, . 171. lu�`7l1r r,�,u�i71.11u1y�"; w"m 11ur 1�;4�4� 4�1y,�;��.�1u11� 1.4111114 7l 1u11;r , 1111111,,.1 �i�i 7l1(,�; �1u4 a1:�, .lu�r 11.;';11111111r 117171„ 111I111L a1 11( (Is 1(Va1. ll( a11(JC 111( 11 !11, 1(.1 kV4 a1I /lglllllllllg II(SlAIa1111(VII11`}„r. (d) Wireless facilities constructed in the right-of-way after the effective date of this act may not extend more than ten feet above an existing wireless support structure in place as of the effective date of this act. This section is effective the day following final enactment. Sec. 15. Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision to read: S1y11:P(:1 "')C. 1ImI:flhll ��I7r(ullless �1��� �III�� �u1111m ��� ialll������ a1 1111 S1112(Ii1Vi1SlQ11II (II. d V(Wd° 11111111 ,[NIH i1SSH(° d SIIIINIH 1110111 �. dY US("JI S( ( l�jtll1 1(V ltllyiulH a1 101("w"m w"m�IIII"(,�;�( yiyi 1x14°II�111"�,,.1:(("II"1111111. 1(V a1 .( �("4°(V1C1 .4°a1111(V10Il.i II 111 111. (V1 w"m1„'. �' ” " �. 1 VIC„ 1r� 1'x14°r�1111r 11111 �, 111%, kl S, , S11 Q[t `111x11("1111(^ fol" d S;1111IdH �,� 11, , , u°r1(°i1Vi1t„„ ��. 1�1� .... ( 4"x11(" a1 `y 1111 a1 �/. (VII" 1,,V 4"(V (I 4 (V4 ( �i�iJ1114� a111(`I 14 II II11� (VII 11 a1 �y"m II II( ( u.P. X11 (auk �u11„114111u("„ 1111 a�.1.1111�PVu4, i1 1 II1� (: u � a1. 11D �11I:. 1111111(q II 11 � a1 �i11111a�IH w"m 111 k( 4'4� fi�1( 11h11 1(( II 111111 d �(:1..1 all 2LS II II111111111 111111 1111'111111 1111a"IV 4 01111(1111111(V1111 1111 1111,111(q a1� 1;;VII11 w"m IIt[ll. (1) generally pplicable and reasonable health, safety, and welfare regulations consistent with the local government unit's public right-of-way management:, (2) reasonable accommodations for decorative wireless support structures or signs, an(:I. (3) any reasonable restocking„ replacement, or relocation requirements when a new wireless support structure is placed in a public right-of-way,, � 111P (V4 a1 „(VL( 1111111111( II 111 1 II11111 1aG1i 4111 (',x„11141 alffi, II 1111('- ( x111( a1 ,1111x1 .;.. 11111 s , 1a1c„11 h 1( IIy1111111 a1.1,(PU( a1111(,VII11 IS, fik (I tO Ili SH(,, (VII (I( 1111„V 11111(, ](( II11111IC71„„i (VII 1111'11 1(( 1111111111 is, a 111(V111111ax1114 a1�I �i�i11('(a��.r. To WH QQ���filv (:,jQ(j1L 71 1( �('�I 11"I'll 111111 II'll t H II'll 11 t pll'(�v�(1 to t[l(", �lppHc�ltlt wlfljt� "1)0 (filys ]I., c aI- aI l:1(I oll" 1111 t[l(, ls, Hll1IIIlt(,1(1 to (JUCH111111K, 111 011" Qf,61'll1III�1tlo1']I 1,')gj)Vkjv 11 1l 11%, 11 d S, t't A 11 d t f dpp� C�I J I'll '(1t(, d �(J W d kWd� HI'll�ts,' (I It( Allllitlltioilll W[l(,fl, (,11 fl, (n s wlfl,lltfl,l(, (h, fililliltloli'll of'aI 111IIIalH wli'(, s,s, fi ciVi1tV rI l: (I WIVpt 1 11- t[h, aI l: (I W fi 11 11"r ,11Va(tilgu111 to t,I 111 11 aI Wll11 t V lhIII li (tH(,�Std lt1 d 1�,) C d It t'S, S,L J-)1 1111 t t d all1 1 t II'll d 1 QC1111III( 11I711 011" 1111 (t11111a(7111(it(� �I 1411 c(", ![l� k�fl g(��Y�:'11`I'll 111111 II'll t U111111t 'NIS, t(,1111 (I d S, to 11,11(alf'y t[h", aIPPH('rltlt ltW1jtl11g (uf'altiv t[1(, ltlltkfl of, fl'l�lt ls, salH Dldv I'llot (10CLU11](1111its, oll" fl,l�lt W(" 11" 11,]1 t (I t (I lt� fl, oljgltl�fl of, q�� s,ts, Coil- I'llot t[l(", ltlltkfl of, (10 I'llot WH t[l(", 00 (LIV CkWk, I'dIll(IS, CdIlli IIIIIHUNIHY 11 11,11 1w IL (1 (1(1 (J(2( < aI �ltl g111,/ tull](1, S(,Ictloilii 15 (j (1(10( s i to t,I l S aI 1' " aI 1,aI gi, lJ 1, 81P!] s2 P2 2 For the purposes of this subdivision, "toll the 90-day clock" means to halt the progression of days that count towards the 90-day deadline 11 V 11 S 11 11]1 �I dlN gj"dfj] �I sllilli�lH filcHiltv S lt� SUN]' �S("II"117111171 �ltl(l �ltly 011" INJ W 11 l: 11'�Illl lit (I ],-),v �I �oc�fl 1111](1111it talk" to (1 11'11 Y t I t[l(", Vocafl g(��Y r:'11`I'll 111111 II'lit U111111t fiI a1]2]2�lcltloilll wlfljt� ftp ( lysf I' t I Ifllc�ltloifik , f]'1( df,)]2�lCdtlt s , . altl(l fl,l(, Voc( fl g(VV(,'11111111111( II'll t L II'll 11 t A d V1111117111a( a(gI0("("(1 711:1 1 W11 11 t I l: (,1'71("1011(1 7111(" QQ &Y (d) Nothing in this subdivision precludes a local government unit from applying generally applicable and reasonable health, safety, and welfare regulations when evaluating and deciding to approve or deny a small wireless facility permit .This section is effective the day following final enactment Sec. 16. Minnesota Statutes 2016, section 237.163, subdivision 4, is amended to read: Subd. 4. Permit denial or revocation. (a) A local government unit may deny any application for a right-of-way o- s,11i]I aI filclHtv permit if the telecommunications night-of-way user does not comply with a provision of this section. (b) A local government unit may deny an application for a night-of-way permit if the local government unit determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the public night-of-way and its current use. (c) A local government unit may revoke a right-of-way u u fi'�(°iI U Illy permit granted to a telecommunications right-of-way user, with or without fee refund, in the event of a substantial breach of the terms and conditions of statute, ordinance, rule, or regulation or any material condition of the permit. A substantial breach by a permittee includes, but is not limited to, the following: (1) a material violation of a provision of the right-of-way u u1��� llL0(J� o y permit; (2) an evasion or attempt to evade any material provision of the right-of-way u�ir u1�N�. VV w is'(,, s,s, uH4 or the perpetration or attempt to perpetrate any fraud or deceit upon the local government unit or its citizens; (3) a material misrepresentation of fact in the right-of-way u u"... iI,l permit application; (4) a failure to complete work in a timely manner, unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; and (5) a failure to correct, in a timely manner, work that does not conform to applicable standards, conditions, or codes, upon inspection and notification by the local government unit of the faulty condition. (d) Subject to this subdivision, a local government unit may not deny an application for a right-of-way(u u- s,1iiiiofl V w u 4y permit for failure to include a project in a plan submitted to the local government unit under subdivision 2, paragraph (b), clause (3), when the telecommunications right-of-way user has used commercially reasonable efforts to anticipate and plan for the project. (e) In no event may a local government unit unreasonably withhold approval of an application for a right-of-way �u u �,ai�7�ao.V V W.I11%,.J(,1s ,. fia (,H4v v permit, or unreasonably revoke a permit. �' .�.�.� AIY11�/ � �"IY71Ila''V �qll" II"�, �'�q4"ab1�11�VIY71 �qf,..ab II"II .Ill of Waby 011" S111111ab fib6111�V 1111111p`1 b(", 1q�7�a�� r" it Wil ilti� .�°. a� ��� u1171�u „ ( �u(°Lu�p7�r"Irrlt �llnr" l���a� it u�uu I'nr" � r"Irr�ila�V 1[nr" V�u�°.aoV "u lrr�ll1111(,irr�t U1111i11t 4"ab II�gIY'111i II °.�ll u wYdV USS"11" IItt Wll II1�IItf w"m�111�[jtt �ll1C�"�" �LPUp1iII ll�," �Va� u1�7��u�� I1r��u�u�` �I�nr" "r"pr"�°�u�11�7�u1�7��uI1r�1. .. .. .. .... p 'i ull11 to 011" u�r"�>�ull�ar" a�:.�:�r"u�u1�7��i�� llu`a�...�:�r"u�u1�1A (br"Trail(""(1. fl'n(" dV �� S( a u1�IdV C H111"( fIlnr ;;br f� u�"ilr�� ur �, il� r ur��u ���r by flI r Vu„c af�:.��. �.".�� � II171111111�"7171 U1114 a0II1id 4s' a',��� . �II4 a II�gII71 ]1��.� � bf �� �f 4 �g1171111111111pII11114 aO�II�gIIII � II g!]! of w"m"�Y HS(,,I1`. W�flInIIut "1)0 (LoVS...ou ur,�,°.� II�IIug II IItt(„ IIrl I111oJ,,.cr �u� lnr �� V, i�t:...uI�UoV IL. . a"„Illa011��f,(I t a0.(a (I 11tIIu11;11a0 �V 11„lfll � �gll ��llu4 f 44s'IIVll g lli.: "4 a➢..... ..U11111111 II � f II11 � bf 11� Il�if,„„ a0 �ll4� aO�II�bICII wh II [Ill tt 1)0 (fi'VVs ad'I[( II fIllf, 1I f V IIs'(''J a']]2]2„1I4 aOJOIII1 IIS, 4 H1'- 111IIIItt('CJ This section is effective the day following final enactment. Sec. 17. Minnesota Statutes 2016, section 237.163, subdivision 6, is amended to read: Subd. 6. Fees. (a) A local government unit may recover its right-of-way management costs by imposing a fee for registration, a fee for each right-of-way �u 4 s,41111 a,�V V wit 4 V( C16 it Vit fiv permit, or, when appropriate, a fee applicable to a particular telecommunications right-of-way user when that user causes the local government unit to incur costs as a result of actions or inactions of that user. A local government unit may not recover 4°usts....from a telecommunications right-ofSg 1 --way user 4uu` x444 4uw"m?104r"4 4u��`a4 �°a4�1"u�r^ �°4u41111u�171�ulrrlil�°a��il�ulrrl� �,�r�anl�. llil"x4444°7�4i1 4411114 (4 °1�4a4g:4�(°u:.. "'� g. caused by another entity's activity in the right-of-way. (b) Fees, or other right-of-way obligations, imposed by a local government unit on telecommunications right-of-way users under this section must be: (1) based on the actual costs incurred by the local government unit in managing the public right-of-way; (2) based on an allocation among all users of the public right-of-way, including the local government unit itself, which shall reflect the proportionate costs imposed on the local government unit by each of the various types of uses of the public rights-of-way; (3) imposed on a competitively neutral basis; and (4) imposed in a manner so that aboveground uses of public rights-of-way do not bear costs incurred by the local government unit to regulate underground uses of public rights-of-way. (c) The rights, duties, and obligations regarding the use of the public right-of-way imposed under this section must be applied to all users of the public right-of-way, including the local government unit while recognizing regulation must reflect the distinct engineering, construction, operation, maintenance and public and worker safety requirements, and standards applicable to various users of the public rights-of-way. For users subject to the franchising authority of a local government unit, to the extent those rights, duties, and obligations are addressed in the terms of an applicable franchise agreement, the terms of the franchise shall prevail over any conflicting provision in an ordinance. X114"�" g:411"�'q '114 ("II"' 111111 ab 4��"uHu4°a (" `,111111Wl11%, s,s, fia,4ct S u11,11 W IIID ,s, `144�4:44V11"� `17171"4.11,4"714411"� a ,a4 4V�("II"41111114(' � 4Vw"m�11'71("4 4V11" 4"4u10117171"4'b ("4 I". "101111 441011411 x4444 4V4"a4T�("4°° w"m�1111 41044 71 4( ab 4 V4�" i. g,. W it t l[h a 44 t �I"ur"'il 4 4 g, 4 r g g v 4441��gVu4° 44urg4�`1 4u4 icu �114� , �guu �,��ag, ��44114r^4� 714u x4:4 �gV u�uu�' 4u4 r�1111��°4 u44714� x444 III[44�11�'114�14r4„ Vil4°r°1i44,r�. llil"x4444°1�4i1 r�. 4u4 4g�1�4r�4 agg,4r�(�4111�4°1111 Wit[1 t1[4(" �4u4 a4V g�g,4u �r�441�11114(�44� 4444i1t oll" r,4a 4u 1�4r�4 r,I]ItlltV., 4V114(''Il" 7114x444 a4 `171x4444 x411"4 114114x4 w"m IIIC(" f"4i 4i fi4('H11tv 4"4V 4V4"a47111gV1111 ab gm,ICg"("4114("101111 4410114 f",IC 4i44I"u4 M4i114V1011 kab„�A �4Wd” 441011111 (J(,,011`1 714,,V 447111 11,0(" 4144(JA x4104 a4glyll("("111140"1011 A!]V 11t 411611 ("101414411"b'("V a444CJ w olll"I" ab 4q4"11x41("4 , W1171,'4 411444`111 ,1'P(" Pa,J(J 12Y 11,,.4(" 4°4V4it 4°ab 44`1(.;II II 44 11 ll(" 4VII"411;4 4V ab ��,V44("111141111(". 4114V4 4"4411"4 1144g�.,, 4°4V4111111114("II"4°4ab "0 II"(„ab1i4V411ab:u (". 4114;44114 II1i4°IC II41141I44ab,;714V11"�/. ab,,4114 4°4V411444("111I1111�'(" �/ 4;71("441111"ab 4 4x411 (" 114V II"( 4°4q`171`1 ab`1`144,4°II ab 7!("4�,,,,,,w"m�II 7l�4 ab �441C4q�444;g0i("4� ab�7lab4°�441171("4117!.,.„,,, (f) Total application fees for a small wireless facility permit must comply with this subdivision with respect to costs related to the permit,, (g) A local government unit may elect to charge each small wireless facility attached to a wireless support structure owned by the local government unit a fee, in addition to other fees or charges allowed under this subdivision, consisting of (1) up to $150 per year for rent to occM space on a wireless support structure" (2) up to $25 per year for maintenance associated with the space occupied on a wireless support structure, an(„j„ (3) a monthly fee for electricity used to operate a small wireless facility, if not purchased directly from a utility, at the rate of; (i) $73 per radio node less than or equal to 100 max watts;,. (ii) $182 per radio node over 100 max watts; o�ir, (iii) the actual costs of electricity, if the actual costs exceed the amount in item (i) or ii This section is effective the day following final enactment. Sec. 18. Minnesota Statutes 2016, section 237.163, subdivision 7, is amended to read: Subd. 7. Additional right-of-way provisions. (a) In managing the public rights-of-way and in imposing fees under this section, no local government unit may: (1) unlawfully discriminate among telecommunications right-of-way users; (2) grant a preference to any telecommunications right-of-way user; (3) create or erect any unreasonable requirement for entry to the public rights-of- way by telecommunications right-of-way users; or (4) require a telecommunications right-of-way user to obtain a franchise or pay for the use of the right-of-way. (b) A telecommunications right-of-way user need not apply for or obtain right-of- way permits for facilities that are located in public rights-of-way on May 10, 1997, for which the user has obtained the required consent of the local government unit, or that are otherwise lawfully occupying the public right-of-way. However, the telecommunications right-of-way user may be required to register and to obtain a right-of-way permit for an excavation or obstruction of existing facilities within the public right-of-way after May 10, 1997. (c) Data and documents exchanged between a local government unit and a telecommunications right-of-way user are subject to the terms of chapter 13. A local government unit not complying with this paragraph is subject to the penalties set forth in section 13.08. (d) A local government unit may not collect a fee imposed under this section through the provision of in-kind services by a telecommunications right-of-way user, nor may a local government unit require the provision of in-kind services as a condition of consent to use the localgovegovernment unit's public right-of-way-way o u-....t4 to 02u�4 II t� a4 sai11 11 a4 II u r r" (s) a4s, pll' uv(b,"4t i144 f114i1 °114a4t:4�r"u' 4V4 4r"4i44i14r°4t...�i"4 t�"4 r"4a4V Va W a4 Voc° fl �.4V�'4"II"Tl1111111("7C11t 441Y111111 4a4�� „ICllot a44J,4Vpj (qll ("IYllt4ull"4°(" a41f41 441Y11 ol, 4ut�4�"II"a 114VIY11 °4u4111 t`a44°IlViltilr" i4u f114r" 4ilt°Ilnt 4Vt° utV it a4V4r"a44t a444f114g� IJl r"4t,..W �u1111441111u�;°a4�114u44t � ..���a4� �n�114r"4r" i114r" r"Illy W'2SL1dt(, ltt f14r lll„ [4t 0 V, d444 �,1�t��.44VV Illloi„ ur .44ta4�r 4V11 1u�1111t44V41„1 o c o c t r r s, 0111]11 4"4 g111111111111441Y11114"a4 114VIY11 �f"II"x'114, c f"X,4"f"t:4t to fl14f" HV wovll(h,,;,"(I u611" ltY fl,llr" "til e 4444�144V11 II/a4,1,114V1111 x411;44 441111 ,�i�i ( II( �i�i�J 11� 4t�41�II� 4t 1P 01(-,,,,,,4V11 �( � ,� Ila4� i1.a11 1(,..,. Sec. 19. Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision to read: S 44.11:441 Q Aiwilli�wio°i.�.ed ���414�41l4°4���l.4�41irs. — „ y . a4 4.2,71 4II44g 1144 f 4II�.4....`i( 4 tII4;Vllll ( 4°.. 4 Vr �., „a,11 1�r pr Q'.,�au11111111��� lluQ ao71�,.,a 11 g )'I! � [:::"m aoV H.,, r u uI( u11l1,. x44411 b4gll"II,/114ll4�. a41Y44g11„ 4f"II" f"IY11711171y oIC IIIYll( IIV71( lllab 71,�V ab4"71 0I111 1171S, ltlsulH, 4"o7Ylls7111"4.11,4"L 111111abIIV°l71abIIlYll. �,,VIC 4r"t:4a'l 1��u �114r" �r"pr��°4 V41111u1111441C11i14°a4�i14ullll 4il�Q.114t of �� ly 4u4 a4 trt,4°uVu�� 4u4 ta44°11Vll�llr"�, 4:Vw"m�44r"4t 4u4 �°4VIC4444V��r .1i"4.� 4V4 a4 g(„( s'll I'll 111111 I'lt UIr411t u ; is ll'o 4ul�;,ulltr"( ti011111 11411111<: Q4 llflg fl::, , Qll" alt u a44411,7,�;,;114q 11/f ;;; f 11� 71i 4q 4,.Jl II4JL;Nfl t011" 44 60111,.S, o1ill N, 4a4�t t a4 ��-,,.� 4 4841111711144 11 4.a➢1�u4uu4�4..:1, a [lt �,f %,m l.;v u 4 4 � 44�if,11' fl'ldt r➢u r lull r�j➢(fifitloi14 to oll (M11,ll r 1141 t]l':olli14 fl ll(, tr r 4 a�pull4� u r ]14x11 u r 41111r 114 i II„1 11 0441 ll4u11 11/r;"4� 4� t „4V�i� 4V7111 4f 1f'�f 4 4V111111111111441111114"a4 11481111 of w a➢ 44�if 'll 4411114 ]1 411�i �r,.� 4 114q'1C�llr This section is effective the day following final enactment,, Sec. 20. Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision to read: SH112(1 10 E „4144 4 t;u"tis. (a)Notwithstanding any other provision in this chapter, this section does not mply to a wireless support structure owned, operated, maintained, or served by a municipal electric utiIlt :: y y 61i"P� 441�;P4pll 111S1114gIC11S 4kd 4k1LP. :Y4°. ab 44� 4411"P4p71�'II 4glCll 6 �:4a111a4�°.ICab1:4�7�4 V4��, 1�41C4g44���4114 Vl°.�° ab 44� q u P !� V' & 44'P 4, II�'11 4 1111 �. :4a�411a4 .II"a4,�4 4 ��" v 4 4b IY114u1 ab 444..., to fll(,1 4°4b 4V4°a441ioilll 4V11" IC(,,S44 altloilll 4Vt `'llillal c ... " .. ta44"II 1141If"4i Ihi`144f"4 a4 44r"u�41c41171 1"P"� �4 4u4°ab, °4u�'r"1cIC411114r"IC4� 441041171 1,,Pr t4uu��" 7114x" r"t�r Q°1�11�'�;�, 4 ab7l�",,,Qt 714u`1 ab4°7! U1111(h,11" an oll"(financ(", 1ur�u�uu��"...Ma1v 1 '2'0 1°l. flh(,,l coHocajollnl of'snillaH This section is effective the day following final enactment r�5 0 0 INFORMATION MEMO UAGUE OF Cell Towers Small Cell Technologies MINNESOTA CITIES & Distributed Antenna Systems Learn about large and small cell tower deployment and siting requests for small cell, small wireless and distributed antenna systems (DAS) technology. Better understand the trend of the addition of DAS, small wireless or small cell equipment on existing utility equipment. Be aware of common gaps in city zoning, impact of federal and state law, reasons for collocation agreements and some best practices for dealing with large and small cell towers, small wireless facilities and DAS. RELEVANT LINKS: I. Deployment of large cell towers or antennas 47 U.S.C.§253(commonly A cell site or cell tower creates a"cell"in a cellular network and typically known as Section 253 of supports antennas plus other equipment, such as one or more sets of Telecommunications act). transceivers, digital signal processors, control electronics, GPS equipment, 47 U.S.C.§332(commonly primary and backup electrical power and sheltering. Only a finite number of known as Section 332 of calls or data can go through these facilities at once and the working range of Telecommunications Act). the cell site varies based on any number of factors, including height of the FCC web site. antenna. The Federal Communications Commission (FCC)has stated that cellular or personal communications services (PCS)towers typically range anywhere from 50 to 200 feet high. The emergence of personal communications services, the increased number Id of cell providers, and the growing demand for better coverage have spurred 04 requests for new cell towers, small cell equipment, and distributed antenna systems (DAS) nationwide. Thus, some cellular carriers, telecommunications wholesalers or tower companies, have attempted to quickly deploy telecommunications systems or personal wireless service facilities, and, in doing so, often claim federal law requires cities to allow ,1„ construction or placement of towers, equipment, or antennas in rights of way. Such claims generally have no basis. Although not completely unfettered, cities can feel assured that, in general, federal law preserves local zoning and land use authority. A. The Telecommunications Act and the FCC 47 U.S.C.§253(commonly The Telecommunications Act of 1996 (TCA)represented America's first known as Section 253 of Telecommunications act). successful attempt to reform regulations on telecommunications in more 47 U.S.C.§332(commonly than 60 years, and was the first piece of legislation to address internet known as Section 332 of access. Congress enacted the TCA to promote competition and higher Telecommunications act). quality in American telecommunications services and to encourage rapid deployment of new telecommunications technologies. This material is provided as general information and is not a substitute for legal advice.Consult your attorney for advice concerning specific situations. 145 University Ave.West www.Imc.org 8/1/2017 Saint Paul,MN 55103-2044 (651)281-1200 or(800)925-1122 ©2017 All Rights Reserved RELEVANT LINKS: FCC Website interpreting The FCC is the federal agency charged with creating rules and policies under Telecommunications Act of 1996. the TCA and other telecommunications laws. The FCC also manages and licenses commercial users (like cell providers and tower companies), as well as non-commercial users (like local governments). As a result, both the TCA and FCC rulings impact interactions between the cell industry and local government. The significant changes in the wireless industry and its related shared wireless infrastructures, along with consumer demand for fast and reliable service on mobile devices, have fueled a frenzy of requests for large and small cell/DAS site development and/or deployment. As a part of this, cities find themselves facing cell industry arguments that federal law requires cities to approve tower siting requests. 47 U.S.C.§253(Section 253 Companies making these claims most often cite Section 253 or Section 332 of Telecommunications Act). of the TCA as support. Section 253 states "no state or local statute or 47 U.S.C.§332(c)(7). regulation may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service." FCC 09-99,Declaratory Section 332 has a similar provision ensuring the entry of commercial mobile Ruling(Nov. 18,2009). services into desired geographic markets to establish personal wireless service facilities. 47 U.S.C.§253(c)(e) These provisions should not, however, be read out of context. When (Section 253 of Telecommunications Act). reviewing the relevant sections in their entirety, it becomes clear that federal 47 U.S.C.§332(c)(7). law does not pre-empt local municipal regulations and land use controls. Specifically, the law states "[n]othing in this section affects the authority of FCC 09-99,Declaratory a state or local government to manage the public rights of way or to require Ruling(Nov. 18,2009 . fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights of way ..." and that"nothing in this chapter shall limit or affect the authority of ... local government ... over decisions regarding the placement, construction, and modification of personal wireless service facilities". Sprint spectrum v.Mills, Courts consistently have agreed that local governments retain their 283 F.3d 404(2nd Cir. 2002. regulatory authority and, when faced with making decisions on placement of USCOC of Greater Missouri towers, antenna or new telecommunication service equipment on city v. vill. Of Marlborough,618 facilities, they generally have the same rights that private individuals have to F.Supp.2d 1055(F.D.Mo. deny or permit placement of a cellular tower on their property. This means 2009 . cities can regulate and permit placement of towers and other personal FCC 09-99,Declaratory wireless service facilities, including, in most situations (though some state Ruling(Nov. 18,2009). law restrictions exist regarding regulations of small wireless support structures), controlling height, exterior materials, accessory buildings, and even location. Cities should be careful to make sure that local regulations don't have the effect of completely banning all cell towers or personal wireless service facilities. Such regulation could run afoul of federal law (not to mention state law as well). League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 2 RELEVANT LINKS: Some cellular companies try to gain unfettered access to city right of way by Vertical Broaacavingv. claiming they are utilities. The basis for such a claim usually follows one of R)wn ofsoufhampfon,84 E. two themes either that, as a utility, federal law entitles them to entry; or, in Supp.2d 379(E.D.N.Y. 2000). the alternative, under the city's ordinances, they get the same treatment as other utilities. Courts have rejected the first argument of entitlement, citing to the specific directive that local municipalities retain traditional zoning discretion. B. State law Paging v.Bd.of Zoning In the alternative, the argument that a city's local ordinances include towers AppealsforMonigomery as a utility has, on occasion and in different states, carried more weight with C`yv_957 E.Supp.805(w.D. a court. To counter such arguments, cities may consider specifically va. 1997). excluding towers, antenna, small cell, and DAS equipment from their ordinance's definition of utilities. The Minnesota Department of Commerce, in a letter to a wireless infrastructure provider, cautioned one infrastructure company that its certificate of authority to provide a local niche service did not authorize it to claim an exemption from local zoning. The Minnesota Department of Commerce additionally requested that the offending company cease from making those assertions. Letter from Minnesota In Minnesota, to clear up confusion about whether wireless providers Department of Commerce to represent telecommunications right-of-way users under state law and to Mobilitie. address concerns about deployment of small wireless technology, the Minn.Stat.§237.162 Legislature amended Minnesota's Telecommunications Right-of-Way User Minn.Stat.§237.163 statutes, or Minnesota Telecom ROW Law, in the 2017 legislative session to Chapter 94,Art. 9,2017 Regular session. specifically address small wireless facilities and the support structures on Minnesota Public Utilities which those facilities may attach. Commission,Meeting Agenda(Nov.3,2016). Because of these amendments, effective May 31, 2017 additional specific state statutory provisions apply when cities, through an ordinance, manage their rights of way, recover their right-of-way management costs (subject to certain restrictions), and charge rent for attaching to city-owned structures in public rights of way. Rent, however, is capped for collocation of small wireless facilities. State law defines "collocate" or "collocation" as a means to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit. Minn.Stat.§237.162. The Minnesota Telecom ROW Law allows cities to require Minn.Stat.§237.163 telecommunications right-of-way users to get a permit for use of the right of Chapter 94,Art. 9,2017 way; however, it creates a separate permitting structure for the siting of Regular Session. small wireless facilities. League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 3 RELEVANT LINKS: Because of the recent significant changes in the state law and the specific requirements for deployment of small wireless facilities that do not apply to other telecommunications right-of-way users, cities should work with their city attorneys to review and update their ordinances. C. Limitations on cities' authority 1. Federal law Although federal law expressly preserves local governmental regulatory authority, it does place several substantive and procedural limits on that authority. Specifically, a city: USCOC of Greater Missouri . Cannot unreasonably discriminate among providers of functionally v. Vill. Of Marlborough,618 F.supp.2d 1055(E.D.Mo. equivalent services. 2009). . Cannot regulate those providers in a manner that prohibits or has the Minnesota Zowerslnc.ti,. effect of prohibiting the provision of telecommunications services or City ofDuluth,474 F.3d 1052(8'Cir.2007). personal wireless services. • Must act on applications within a reasonable time. NE Colorado Cellular,Inc.v. City ofNorih Platte,764 • Must document denial of an application in writing supported by F.3d 929(stn Cir.2014) "substantial evidence." (denial of CUP for tower must be"in writing"but need not be a separate finding from the reasons in the denial). Smith Comm. v Washington proof that the local zoning authority's decision furthers the applicable local Cty,Ark.,785 F.3d 1253(8th Cir.2015)(substantial zoning requirements or ordinances satisfies the substantial evidence test. evidence'analysis involves Municipalities cannot cite environmental concerns as a reason for denial, whether the local zoning authority's decision is however, when the antennas comply with FCC rules on radio emissions. In consistent with the applicable the alternative, cities can request proof of compliance with the FCC rules. local zoning requirements and can include aesthetic reasons). Bringing an action in federal court represents the recourse available to the cellular industry if challenging the denial of a siting request under federal law. Based on the limitations set forth in the federal law on local land use and zoning authority, most often, when cities deny siting requests, the challenges to those denials claim one of the following: FCC 09-99,Declaratory • The municipal action has the effect of"prohibiting the provision of Ruling,Nov. 18,2009. personal wireless service." Tower and Antenna siting The municipal action unreasonably discriminates providers of FAQ sheet from FCC. p y es amore g functionally equivalent services (i.e., cell providers claiming to be a type No.CV0 west V.Crow, of utility so the can et the same treatment as a utility under cit No.cvo8-1337(D.Az. y y g y y Dec. 16,2009). ordinance). League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 4 RELEVANT LINKS: 2. State law Minn.stat.§237.162 In addition to mirroring some of the federal law requirements, such as the Minn.Stat.§237.163 Chapter 94,Art. 9,2017 requirement of equal treatment of all like providers, state law permits cities, Regular Session. by ordinance, to further regulate"telecommunications right-of-way users." Minnesota's Telecom ROW Law expressly includes wireless service providers as telecommunications right-of-way users, making the law applicable to the siting of both large and small, wire-lined or wireless telecommunications equipment and facilities, in the rights of way. See further discussion of State law places additional restrictions on the permitting and regulating of state law restrictions in Section 11-A,below small wireless facilities and wireless support structure placement. Accordingly, cities should work with city attorneys when drafting, adopting, or amending their ordinance. The Telecom ROW Law still expressly protects local control, allowing cities to deny permits for reasonable public health, welfare, and safety reasons, with no definitions of or limitations on what qualifies as health, welfare, and safety reasons. D. Court decisions Minnesota R)werslnc.r'. The 8th U.S. Circuit Court of Appeals (controlling law for Minnesota) City ofDuluth,474 F.3d 1052(8'Cir.2007).smith recognizes that cities do indeed retain local authority over decisions comm. v Washington Cts, regarding the placement and construction of towers and personal wireless Ark.,785 F.3d 1253(8th Cir. 2015). service facilities. voicestream PCS11 Corp.v. The 8th Circuit also has heard cases where a carrier or other City of St.Louis, No. 4:04CV732(E.D.Mo.August telecommunications company argued they are a utility and should be treated 3,2005)(city interpretation as such under local ordinances. Absent a local ordinance that includes this of city ordinance treats communication facility as a type of equipment within its definition of utilities, courts do not necessarily utility). deem cell towers or other personal communications services equipment functionally equivalent to utilities. USCOC of Greater Missouri Additionally, courts have found that the federal law anticipates some r,. vill. Of Marlborough,618 disparate application of the law, even among those deemed functionally F.Supp2d 1055,1064 (E.D. equivalent. For example, courts determined it reasonable to consider the Mo.2009)(TCA explicitly contemplates some location of a cell tower when deciding whether to approve tower discrimination amount construction (finding it okay to treat different locations differently), so long providers of functionally equivalent services). as cities do not allow one company to build a tower at a specific location at the exclusion of other providers. League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 5 RELEVANT LINKS: E. City approaches Regulation of placement of cell towers and personal wireless services can For regulation of occur through an ordinance. The Minnesota Telecom ROW Law provides telecommunications right-of- cities with comprehensive authority to manage their rights of way. With the way users,see Appendix A, Sample ordinances and unique application of federal law to telecommunications and the recent Agreements. changes to state law, along with siting requests for locations both in and out For regulation of city right- of-way generally,see LMC of rights of way, many cities find having a separate telecommunications information memo, right-of-way user ordinance(in addition to a right-of-way ordinance) allows Regulating City Rights of Wav,and Right ofWQy cities to better regulate towers and other telecommunications equipment, as Regulation,LMC Model well as collocation of small wireless facilities and support structures. Ordinance. Some cities also have modified the definitions in their ordinances to exclude cell towers, telecommunications, wireless systems, DAS, small cell equipment, and more from utilities to counter the cell industry's requests for equal treatment or more lenient zoning under the city's zoning ordinances. In addition to adopting specific regulations, many city zoning ordinances recognize structures as conditional uses requiring a permit (or many of these regulations include a provision for variances, if needed). While cities may require special permits or variances to their zoning for siting of large cell facilities, under state law, small wireless facilities and wireless support Minn.stat.237.163,subd.2 structures accommodating those small wireless facilities are deemed a (fl.Chapter 94,Art.9,2017 permitted use. The only exception to the presumed,permitted use for small Regular Session. wireless is that a city may require a special or conditional land use permit to install a new wireless support structure in a residentially zoned or historic district. Cities will want to review their zoning to make sure it complies with the Minnesota Telecom ROW Law. II. Deployment of small cell technologies and DAS Small cell equipment and DAS both transmit wireless signals to and from a defined area to a larger cell tower. They are often installed at sites that support cell coverage either within a large cell area that has high coverage needs or at sites within large geographic areas that have poor cell coverage � r�i overall. League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 6 RELEVANT LINKS: Situational needs dictate when cell providers use small cell towers, as opposed to DAS technology. Generally, cell providers install small cell towers when they need to target specific indoor or outdoor areas like stadiums, hospitals, or shopping malls. DAS technology, alternatively, uses a P, small radio unit and an antenna(that directly link to an existing large cell 4 tower via fiber optics). Installation of a DAS often involves cell providers using the fiber within existing utility structures to link to its larger cell tower. Cities sometimes are asked to provide the power needed for the radios, which the city can negotiate into the leasing agreement with the cell provider. A. Additional zoning and permitting needs under state law Minn.Stat.§237.162. Historically, many cities' ordinances address large cell sites, but not small Minn.Stat.§237.163. Chapter 94,Art. 9,2017 cell towers or DAS. With the recent changes to state law, cities should work Regular Session. with their city attorney to review their ordinances in consideration of the See Appendix A,Sample Ordinances and Agreements. new statutory permit process for the siting of small wireless facilities. See League FAQ on Cities can charge rent (up to a cap for small wireless siting)under the statute Minnesota 2017 for placement of cell technology or DAS on existing or newly installed Telecommunication Right of support structures, like poles or water towers; and, also, can enter into a Way User Amendments(July 2017). separate agreement to address issues not covered by state law or ordinance. Cities should work with their city attorney to get assistance with drafting these agreements and any additional documents, like a bill of sale (for transfer of pole from carrier to city), if necessary. See Appendix A,Sample The terms and conditions of these agreements, called collocation Ordinances and Agreements agreements, for siting of small wireless facilities, most likely will mirror agreements formerly referred to as master licensing agreements, often including provisions such as: • Definitions of scope of permitted uses. • Establishment of right-of-way rental fee (note statutory limitations). • Protection of city resources. • Provision of contract term (note statutory limitations). • Statement of general provisions. • Maintenance and repair terms. • Indemnity provisions. • Insurance and casualty. • Limitation of liability provision. • Terms for removal. League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 7 RELEVANT LINKS: State law does not require a separate agreement, and some cities have chosen to put these provisions in their ordinance or permit instead. For cities that choose to have a separate agreement in place, they must develop and make that agreement publicly available no later than November 31, 2017 (six months after the effective date of this act) or three months after receiving a small wireless facility permit application from a wireless service provider. The agreement must be made available in a substantially complete form; however, the parties to the small wireless facility collocation agreement can incorporate additional mutually agreed upon terms and conditions. The law classifies any small wireless facility collocation agreement between a local government unit and a wireless service provider as public data, not on individuals, making those agreements accessible to the public under Minnesota's Data Practices Law. Minn.stat.§237.162 Additionally, the new amendments to Minnesota's Telecom ROW Law set Minn.Stat.§237.163 Chapter 94,Art. 9,2017 forth other requirements that apply only to small cell wireless facility Regular Session. deployment. The 2017 amendments changed Minnesota's Telecom ROW Law significantly, the details, of which, can be found in the League's FAQ on Minnesota 2017 Telecommunication Right of Way User Amendments (July 2017). However, after the amendments, the law now generally provides: See League FAQ on . A presumption of permitted use in all zoning districts, except in districts Minnesota 2017 Telecommunication Right of zoned residential or historical districts. Way User Amendments(July . The requirement that cities issue or deny small wireless facility requests within 90 days, with a tolling period allowed upon written notice to the applicant, within 30 days of receipt of the application. • An allowance to batch applications (simultaneously submit a group of applications), with the limitation to not exceed 15 small wireless requests for substantially similar equipment on similar types of wireless support structures within a two-mile radius. • Rent not to exceed $150 per year with option of an additional $25 for maintenance and allowances for electricity, if cities do not require separate metering. • The limitation that cities cannot ask for information already provided by the same applicant in another small cell wireless facility application, as identified by the applicant, by reference number to those other applications. • A restriction that the height of wireless support structures cannot exceed 50 feet, unless the city agrees otherwise. • A restriction that wireless facilities constructed in the right of way may not extend more than 10 feet above an existing wireless support structure in place. League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 8 RELEVANT LINKS: • A prohibition on moratoriums with respect to filing, receiving, or processing applications for right-of-way or small wireless facility permits; or issuing or approving right-of-way or small wireless facility permits. For cities that did not have a right-of-way ordinance in place on or before May 18, 2017, the prohibition on moratoria does not take effect until January 1, 2018, giving those cities an opportunity to enact an ordinance regulating its public rights-of-way. NOTE: These additional state law requirements do NOT apply to collocation on structures owned, operated maintained or served by municipal utilities. Also, the small wireless statutory requirements do not invalidate agreements in place at the time of enactment of the 2017 amendments (May 31, 2017). 47 U.S.C.§332(commonly The siting of DAS or new small cell technologies also must comply with the known as Section332 of Telecommunications Act). same restrictions under federal law that apply to large cell sitings. Specifically, a city: FCC 09-99,Declaratory • May not unreasonably discriminate among providers of functionally Ruling(Nov. 18,2009). equivalent services. FCC 14-153,Report&order • May not regulate in a manner that prohibits or has the effect of (October 21,2014 . prohibiting the provision of personal wireless services. • Must act on applications within a reasonable time. • Must make any denial of an application in writing supported by substantial evidence in a written record. Because of the complexities in the state law and the overlay of federal regulations, some cities have found it a best practice to adopt or amend a telecommunications right-of-way ordinance separate from their general right-of-way management ordinance. Cities that do not choose to adopt separate ordinances, at a minimum, should work with their attorney to review and amend their existing right-of-way ordinances, if necessary, to accommodate for telecommunications right-of-way users and the recent state law amendments for small wireless facilities. For example, since state law now recognizes small wireless facilities as a permitted use, zoning ordinances that require conditional use permits for these facilities likely will need amending. Since wireless providers seek to attach their small cell and DAS equipment to city-owned structures, many cities choose to have a separate agreement in place to address terms and conditions not included in ordinances or permits. Minn.Stat.§237.163, If the city chooses to do so, the law requires the city to have these Subd.3a(o. agreements available in a substantial form so applicants can anticipate the Chapter 94,Art. 9,2017 Regular session. terms and conditions. Again, cities should work with the city attorney to See Appendix A,Sample draft a template agreement governing attachment of wireless facilities to Ordinances and Agreements. municipally owned structures in the right of way. League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 9 RELEVANT LINKS: With the nationwide trend encouraging deployment of these new technologies, if a city denies an application, it must do so in writing and provide detailed reasonable findings that document the health, welfare, and safety reasons for the denial. With the unique circumstances of each community often raising concerns about sitings, cities may benefit from proactively working with providers. B. Modifications of existing telecommunication structures Section 6409(a)of the If a siting request proposes modifications to and/or collocations of wireless Middle Class Tax Relief and Joe creation Act of 2012, transmission equipment on existing FCC-regulated towers or base stations, codified of 47 U.S.C.§1455. then federal law further limits local municipal control. Specifically, federal law requires cities to grant requests for modifications or collocation to FCC public Notice AD 12- existing FCC-regulated structures when that modification would not 2047(January 25,2013). "substantially change" the physical dimensions of the tower or base station. FCC 14-153,Report&Order The FCC has established guidelines on what"substantially change the (October 21,2014). physical dimensions"means and what constitutes a"wireless tower or base station." FCC public Notice AD 12- Once small cell equipment or antennas gets placed on that pole, then the pole 2047(January 25,2013). becomes a telecommunication structure subject to federal law and FCC regulations. Accordingly, after allowing collocation once, the city then must comply with the more restrictive federal laws that allow modifications to these structures that do not substantially change the physical dimensions of the pole, like having equipment from the other cell carriers. FCC public Notice AD 12- Under this law, it appears cities cannot ask an applicant who is requesting 2047(January 25,2013). modification for documentation information other than how the modification City of riznglon Zexas,el. impacts the physical dimensions of the structure. Accordingly, al. V.FCC,el.al.,133 S.Ct. 1863,1867(2013)(90 days documentation illustrating the need for such wireless facilities or justifying to process collocation the business decision likely cannot be requested. Of course, as with the other application and 150 days to process all other applications, siting requests, state and local zoning authorities must take prompt action on relying on§332(c)(7)(B)(ll)). these siting applications for wireless facilities (60-day shot clock rule). This model ordinance and Two wireless industry associations, the WIA (formerly known as the PCIA) other information can be found at National and CTIA, collaborated with the National League of Cities, the National Association of Counties Association of Counties, and the National Association of Website. Telecommunications Officers and Advisors to: (1) develop a model ordinance and application for reviewing eligible small cell/DAS facilities requests under federal law; (2) discuss and distribute wireless siting best practices; (3) create a checklist that local government officials can use to help streamline the review process; and (4)hold webinars regarding the application process. League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 10 RELEVANT LINKS: III. Moratoriums The cellular industry often challenges moratoriums used to stall placement of cell towers, as well as small cell/DAS technology, until cities can address regulation of these structures. Generally, these providers argue that these moratoriums do one of the following: • Prohibit or have the effect of prohibiting the provision of personal wireless services. • Violate federal law by failing to act on an application within a reasonable time. Minn.stat.§237.163,subd. State law now prohibits moratoriums with respect to: (1) filing, receiving, or 2(d).Chapter 94,Art. 9, 2017 Regular session. processing applications for right-of-way or small wireless facility permits; or (2) issuing or approving right-of-way or small wireless facility permits. For cities that did not have an ordinance enabling it to manage its right-of-way on or before May 18, 2017, the prohibition on moratoria does not take effect until January 1, 2018, giving those cities an opportunity to enact an ordinance regulating its public rights-of-way. IV. Conclusion With the greater use of calls and data associated with mobile technology, cities likely will see more new cell towers, as well as small cell technology/DAS requests. Consequently, it would make sense to proactively review city regulations to ensure consistency with federal and state law, while still retaining control over the deployment of structures and the use of rights of way. League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 11 Appendix A: Sample Ordinances and Sample Agreements Many cities address cell towers in their ordinances already. For informational purposes only, the links below reference some telecommunications facilities ordinances in Minnesota. PLEASE NOTE, these ordinances reflect each city's unique circumstances and may pre-date the 2017 Legislative Session which, then, would not have considered the amendments to Minn. Stat. §§ 237.162, 237.163 when drafted. Sample Telecommunications Ordinances City of Edina (predates 2017 amendments) Ordinance: (Chqpter 34: Telecommunications) City of Brainerd Memo to Planning Commission from City Planner, July 13, 2017 Re: Draft Ordinance: Section 35: Anetennas and Towers City of Minneapolis Ordinance: (Amendment to Ordinance to accommodate Small Cell/DAS equipment) CPED Staff Report, City of Minneapolis regarding Amendment City of Bloomington Ordinance: (Part II City Code, Cha ter 17: Streets and Rights-of-Way) Ordinance: No. 2017-16, Amendinz Section 14.03 of the City Code Concerninz the Permit Fee Permit: Small Cell Permit Sample Collocation Agreement for DAS/Small Call Texas City Attor ey Associatio Addendum to Local Gov. Code, Chapter 283 San Antonio9 Texas osto assachusetts San Francisco, California League of Minnesota Cities Information Memo: 8/1/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 12 Letter of the Law: Regulating Cell Towers and Small Cell Technology By Pamela Whitmore The emergence of personal communications services, the increased number of cell providers, and the growing demand for better coverage means cities are receiving more siting requests. Companies want to build new cell towers or place antennas or small cell equipment in city rights of way, on water towers, or on other city property. Be aware of changes in siting requests The variety of companies submitting siting requests has grown over time, with companies calling themselves resellers or wholesalers now also submitting requests. Initially, the market consisted of tower owners (whether the cell provider themselves, like AT&T or Verizon, or an independent tower company) that sought to lease city- owned property on which to construct large cell towers. Now, with wireless carriers needing to increase data network coverage capacity, cities have started receiving siting requests for equipment other than towers—specifically for placement of small cell equipment or distributed antenna systems (DAS) on buildings, poles, and other structures in the public right of way. These smaller, easier-to-install systems support cell coverage either within a large cell area with high coverage needs or, in the alternative, at sites within large geographic areas with poor cell coverage. Understand the city"s authority Many of these cellular carriers, telecommunications wholesalers/ resellers, or tower companies claim that federal law requires cities to allow construction or placement of towers, antennas, or small cell equipment in rights of way. With little to no experience with the federal laws, many cities struggle with these requests, especially with the pressure of Minnesota's 60-Day Rule. The Telecommunications Act is the controlling federal law and, though it does encourage development and entry of telecommunications/mobile services into marketplaces, it does not take away local zoning and land use authority completely. In fact, it states that local government still has authority to manage public rights of way, to require fair and reasonable compensation, and to make decisions over placement, construction, and modification of personal wireless facilities. As a result, cities can regulate (but likely not completely prohibit) the placement of towers and other personal wireless service facilities. City regulations can include controlling height, exterior materials, accessory buildings, and even location. Federal law does place some limits on local authority, however. Cities: • Cannot unreasonably discriminate among providers of functionally equivalent services. • Cannot prohibit or pass regulations that have the effect of prohibiting telecommunications or personal wireless services. • Must act on applications within a reasonable time (easily met when cities comply with Minnesota's 60-Day Rule). • Must document denials in writing supported by"substantial evidence." Also, municipalities cannot deny a request for environmental reasons when the antennas comply with the Federal Communications Commission (FCC) rules on radio emissions. Modifications to existing FCC-regulated structures, however, are a different story. If a siting request proposes modifications to and/ or collocations of wireless transmission equipment on existing FCC-regulated towers or base stations, then federal law further limits local municipal control. With modifications, cities cannot ask an applicant for documentation, other than that which relates to the impact on the physical dimensions of the structure. Accordingly, documentation illustrating the need for such wireless facilities or justifying the business decision likely cannot be requested. So if a city owns a pole that has small cell equipment on it and another request for additional equipment comes in, the city must allow it unless it substantia//y changes the physical dimensions of the structure. Ways to regulate Cities regulate cell towers and personal wireless services in a variety of different ways, including with rights-of-way management ordinances and specific cell tower/telecommunication ordinances. Many cities recognize these structures as conditional uses, often requiring a permit. With the emergence of small cell/DAS technologies, cities have started to amend their zoning and ordinances to account for more expedited decisions on these siting requests, including establishing a separate administrative approval process for these less burdensome technologies. Because small cell/DAS equipment attach to existing structures, cities often need additional documents for managing these relationships, including a master licensing agreement; license supplement (or lease); pole attachment application (if the city's ordinance so requires in its permit process); and bill of sale (for the sale of a pole from carrier to city). For more details, see the League of Minnesota Cities information memo at..LrLrLr.. ::.. r" :: .Lrr Pamela Whitmore is a research attorney with the League of Minnesota Cities. Contact: . .I ..II:.IC::i.:.I. '.. .ILI::i.'...:.ird or (651) 281-1224. LEAGUE EOF CONNECTING & INNOVATING MINNESOTA SINCE 1913 CITIES 2017 Telecommunications Right-of-Way User Amendments Permitting Process for Small Wireless Facilities Publication Date: August 1, 2017 (For information on related federal laws see LMC Information Memo "Cell Towers, Small Cell Technologies, and Distributed Antenna Systems") Introduction: On May 30, 2017, Gov. Dayton signed into law a bill' amending Minnesota's Telecommunications Right- of-Way User LaW2. The amendments cleared up any confusion about whether wireless providers are treated the same as other telecommunications right-of-way users under state law,but created a separate, streamlined permitting system for placement of small wireless facilities on city-owned structures in rights of way. Most of the bill provisions became effective on May 31, 2017,with the exception that the prohibition on moratoria does not take effect until January 1, 2018 for those cities that did not have a right- of-way ordinance in place on or before May 18, 2017, to give those cities an opportunity to enact an ordinance regulating their public rights-of-way. Also, the amendments allow cities to enter collocation agreements with telecommunications right-of-way users, if they choose, as long as the collocation agreement for small wireless facilities is made available in a substantially complete form no later than six months after the effective date of this act or three months after receiving a small wireless facility permit application from a wireless service provider. Where can I read the new law? Until revisions of the state statute occur to include bills passed this session, cities can find the amendments at 2017 Laws Chanter 94. Does the law require cities to do anything differently when regulating wireless providers attaching their equipment to city structures in the rights of way? Yes, the amendments create a separate permit process for small wireless facilities. The below checklist was prepared to serve as a guide for cities to use when amending existing telecommunications ordinances,but does necessarily cover all nuances of the new law and should not replace working with city attorneys to draft or amend existing ordinances. What is the purpose of Minnesota's Telecommunication Right-of-Way User Law? Chapter 94,Article 9 of the 2017 Regular Session,effective May 31,2017. Minn.Stat. §§237.162,237.163. LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE.WEST PHONE:(651)281-1200 FAX:(651)281-1298 INSURANCE TRUST ST. PAUL,MN SS103-2044 TOLL FREE:(800) 925-1122 WEB:WWWLMC.O&G In 1997, the Minnesota Legislature recognized the need for a state law providing local government units with the authority to regulate the use of public rights of way by telecommunications right-of-way users. The resulting Minnesota Telecommunications Right-of-Way User Law allows telecommunications right-of-way users to construct,maintain, and operate conduit, cable, switches (and now small wireless facilities), and related appurtenances and facilities along, across,upon, above, and under any public right of way,but subjects those users to local regulations by cities to manage their rights of way and to recover management costs. Can a city manage its right of way without doing anything? No, the city must adopt an enabling ordinance.A local government unit is not required to manage its rights of way,but most want to do so. As such,the local government authority must pass an ordinance exercising this authority. Many cities find that having a separate telecommunications right-of-way user ordinance (in addition to a general right-of-way ordinance) allows for better regulation of cell towers, small cell and other telecommunications equipment. Did the amendments in the 2017 laws impact all telecommunications right-of-way users? Some of the amendments impacted cities' regulations on all telecommunications right-of-way users,but the amendments also created a distinct set of regulations specifically for placement of small wireless facilities. With respect to the regulations that apply to all telecommunications right-of-way users, the law: ✓ Requires all telecommunications right-of-way users seeking to excavate or obstruct a public right of way to obtain a right-of-way permit to do so. ✓ Requires a telecommunications right-of-way user using, occupying, or seeking to use or occupy a public right of way for providing telecommunications services to register with the local government unit by providing the local government unit with specific information (set forth in the statute), and including authorization for periodic updates. ✓ Requires telecommunications right-of-way users to submit plans for construction and major maintenance,to provide reasonable notice of projects that may require excavation and obstruction of public rights of way. ✓ Provides for restoration by the telecommunication right-of-way user after excavation occurs, either in the form of doing the restoration work or reimbursing the local governmental unit for the cost of the restoration work. ✓ Allows recovery of right-of-way management costs through a fee for registration,a fee for each right- of-way permit or,when appropriate,a fee applicable to a telecommunications right-of-way user when that user causes the local government unit to incur costs because of actions or inactions of that user. Can a city charge a fee for using the right of way? Yes, because when cities manage rights of way, they incur costs. However, when cities charge right-of-way users, the fees must be calculated on a competitively neutral basis, and based on the actual costs incurred by the city in managing the public right of way. A fee for the cost of managing the right-of-way should reflect an allocation among all users of the public right-of-way,including the city itself. Can a city charge rent if a right-of-way user places equipment in the right of way? Yes.Nothing in the law prohibits a city from charging rent for the placement of technology or equipment by a telecommunications right-of-way user on a city owned structure.However, cities are limited in the amount 2 of rent they can charge for collocation of small wireless facilities on city-owned structures. Fee limitations are described in the statute. If a city does not have an ordinance, can it pass a moratorium on processing any applications it receives until it can pass an ordinance? Probably not. The law prohibits cities from establishing a moratorium with respect to filing, receiving, or processing applications for right-of-way or small wireless facility permits, or for issuing or approving right- of-way or small wireless facility permits. However, for cities that did not have an ordinance enabling it to manage its right-of-way before or on May 18, 2017, the prohibition on moratoria does not take effect until January 1, 2018, giving those cities an opportunity to enact an ordinance regulating its public rights-of-way. Can a city still deny applications for siting of telecommunications equipment in its right of way? Generally,yes,however, any denial or revocation of either a right-of-way permit or a small wireless facility permit must be done in writing and must document the basis for the denial,including the health, safety and welfare reasons for the denial. The local government unit must notify the telecommunications right-of-way user,in writing,within three business days of the decision to deny or revoke a permit. If the city denies a permit application, the telecommunications right-of-way user may cure the deficiencies identified by the local government unit and resubmit its application. If the telecommunications right-of-way user resubmits the application within 30 days of receiving written notice of the denial, the city may not charge an additional filing or processing fee. The local government unit must approve or deny the revised application within 30 days after the submission of the revised application, or it is deemed granted. Can cities treat the siting of all cell equipment the same? It depends. If the city plans to regulate cell sitings and require telecommunications right-of-way users to get permits,then the 2017 amendments to the law create a separate permit system for small wireless facility technology that places additional limitations on a city's ability to regulate those specific types of technology. Does the new law mean our city cannot enter into a separate agreement with telecommunications right- of-way users who want to place equipment on city owned structures? The amendments do not require cities to have separate agreements, and some cities may choose to put these provisions in their ordinance or permit instead. For cities that want a separate `collocation agreement' in place, they must develop and make that collocation agreement available no later than six months after May 31, 2017 (the effective date of the act) or three months after receiving a small wireless facility permit application from a wireless service provider. "Collocate" or"collocation" means to install,mount, maintain,modify, operate, or replace a small wireless facility on,under,within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit. The template of the agreement must be made available in a substantially complete form. The parties to the separate small wireless facility collocation agreement always may incorporate additional mutually agreed upon terms and conditions. Also, the law now clearly classifies any small wireless facility collocation agreement between a local government unit and a wireless service provider as public data accessible to the public under Minnesota's Data Practices Law. 3 What type of equipment is subject to the special requirements on small cell technology? The statute defines type of equipment,which include: "Small wireless facility": (1)A wireless facility that meets both following qualifications: (i)Each antenna is located inside an enclosure of no more than six cubic feet in volume or,in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet. (ii) All other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements,telecommunications demarcation boxes,battery backup power systems, grounding equipment,power transfer switches, cutoff switches, cable, conduit,vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment,is in aggregate no more than 28 cubic feet in volume. (2)A micro wireless facility. "Wireless support structure"means a new or existing structure in a public right of way designed to support or capable of supporting small wireless facilities, as reasonably determined by a local government unit. "Collocate" or"collocation"means to install,mount,maintain,modify, operate, or replace a small wireless facility on,under,within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit. What additional requirements must cities consider to comply with Minnesota's Telecommunications Right-of-Way User Law, as amended? The law sets forth specific requirements related to placement of small wireless facilities or installation of new wireless support structures. The below information highlights items cities will want to consider when drafting an ordinance or amending an existing ordinance. Again, cities should work with their city attorneys to ensure full compliance with the law. NEW STATE LAW REQUIREMENTS GOVERNING PLACEMENT OF SMALL WIRELESS FACILITIES IN RIGHTS OF WAY If a city decides to regulate or require permits for placement of a new wireless support structure or collocation of a small wireless facility,then the city should be aware that: ❑ Small wireless facilities and wireless support structures are a permitted use, except that in districts zoned as single-family residential use or district identified as historic(either by federal law or ordinance), a local government unit can require a conditional use permit. 4 ❑ Cities must not require an applicant for a small wireless facility permit to provide any information that the applicant previously had provided to the city in a different application for a small wireless permit(which the applicant must identify by specific reference number). ❑ Cities must not require an application to provide information that is not reasonably necessary to review a permit application for compliance with generally applicable and reasonable health, safety, and welfare regulations, or to demonstrate compliance with applicable Federal Communications Commission regulations governing radio frequency exposure, or other information required by this section. ❑ Permits for small cell facility collocation or placement of a new wireless support structure must specify that the term of a small wireless facility permit equals the length of time that small wireless facility is in use,unless the permit is revoked under this section. ❑ The total application fee for a small wireless facility permit must comply with the statutory requirement regarding costs related to the permit. ❑ The city must allow applicants for small wireless facility permits to file a consolidated permit application to collocate up to 15 small wireless facilities (or a greater number if agreed to by a local government unit),provided that all the small wireless facilities in the application are located within a two-mile radius, consist of substantially similar equipment, and are to be placed on similar types of wireless support structures. ❑ The city has 90 days after the date a small wireless facility permit application is filed to issue or deny the permit, or the permit is automatically issued. ❑ To toll the 90-day clock, the city must provide a written notice of incompleteness to the applicant within 30 days of receipt of the application,identifying all missing documents or information, and providing the applicant with a time to cure that complies with the statute'. ❑ If the city receives applications within a single seven-day period from one or more applicants seeking approval of permits for more than 30 small wireless facilities, the city may extend the 90-day deadline by an additional 30 days. If a city elects to invoke this extension,it must inform in writing any applicant to whom the extension will be applied. ❑ A city cannot require placement of small wireless facilities on any specific wireless support structure other than the one proposed in the permit application. ❑ A city must not limit the placement of small wireless facilities, either by minimum separation distances between small wireless facilities or maximum height limitations, except that each wireless support structure installed in the right of way after the effective date of this act shall not exceed 50 feet above ground level(unless the local government unit agrees to a greater height). 'Minn. Stat. §237.163, Subd. 3c(b). 5 ❑ A city can set forth in its ordinance separation requirements for placement of wireless support structures in relation to other wireless support structures. ❑ A city still may deny permit for health, safety, and welfare reasons or for noncompliance with decorative wireless support structures or signs. ❑ A city cannot require a person to pay a small wireless facility permit fee, obtain a small wireless facility permit, or enter into a small wireless facility collocation agreement solely in order to conduct routine maintenance of a small wireless facility;replace a small wireless facility with a new facility that is substantially similar or smaller in size, weight,height, and wind or structural loading; or install,place,maintain, operate, or replace micro wireless facilities suspended on cables strung between existing utility poles in compliance with national safety codes. ❑ A city cannot require an applicant to apply for or enter any individual license, franchise, or other agreement with the local government unit or any other entity, other than the optional standard small wireless facility collocation agreement. ❑ A city may require notice of any work that will obstruct a public right of way. OPTIONAL PROVISIONS FOR SMALL WIRELESS FACILITIES ❑ A city is not required to have a separate agreement,but can choose to enter collocation agreements with applicants locating small wireless facilities onto city owned structures to address terms and conditions of the use of the structures. If a city chooses to do so, then it must make the agreement available to the public in a substantially complete format no later than six months after the effective date or three months after receiving a small wireless facility permit application from a wireless service provider. ❑ A city may elect to charge each small wireless facility attached to a wireless support structure owned by the local government unit a fee (rental fee),in addition to other fees or charges allowed under the law, consisting of. (1)up to $150 per year for rent to occupy space on a wireless support structure; (2)up to $25 per year for maintenance associated with the space occupied on a wireless support structure; and(3) an additional monthly fee for electricity used to operate a small wireless facility,if not purchased directly from a utility, at the rate set forth in the statute.' ' Minn. Stat. 237.163, Subd. 6 (d). 6 Municodc https://Iibrary.municode.com/print.aspx?h=&clientlD=|3056&RTMDcq' -filiwater- Planning Department Sec' 31-512' Regulation of radio and television towers. Subd 1. Purpose. In order to accommodate the communication needs of residents and business while protecting the public health, safety, general welfare and aesthetics ofthe community, the city council finds that this ienecessary inorder to: (a) Facilitate the provision ofwireless telecommunication services tothe residents and businesses ofthe oitv� '' (b) Minimize adverse visual effects of towers and antennas through setting design standards; (o) Avoid potential damage to adjacent properties from tower failure through structural standards, lot size requirements and setback requirements; and (d) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. Subd2. Location preferences for antennas and towers. (a) Water towers. (b) Collocations on existing telecommunications towers. (o) Sides and roofs ofbuildings over two stories. (d) Existing power ortelephone poles. (e) Government and utility sites. (f) School sites. (z) Golf courses or public parks when compatible with the nature of the park or course. (h) Regional transportation corridors. Subd. 3. Antenna and towers in residential districts (RA, RB, RCM, RCH). Any person, firm or corporation erecting a tower orantenna in a residential district must obtain a conditional use permit from the city council and meet the following requirements: (a) Communication antennae, subject to the following conditions: (1) Satellite dishes for television receiving only are subject to the accessory structure requirements for residential districts. (2) All antennas must be designed and situated to be visually unobtrusive, screened as appropriate, not be multicolored and may contain no signage, including |ogoe, except as required by the equipment manufacturers or city, state or federal regulations. (3) An antenna placed on a primary structure may be no taller than 15 feet above the primary structure. Any accessory equipment orstructures must be compatible with the design and materials of the primary structure and not visible from a public street. (4) Towers are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural eetting, and character ofSti||vvater'e residential areae. (5) Minimum land area for freestanding tower sites in residential districts is one acre. (0) A tower and any antenna combined may be no more than 75 feet in height, or 100 feet in height if collocated. (7) A tower may not be located within 100 feet of any existing or planned residential structure. (8) Atower must be setback from a street line a minimum ofthe height ofthe tower and any antenna; and towers or antennas may be sited in preferred locations as listed in Subd. 2ofthis eubieottodesign permit approval. | o[4 8/19/201411:36AM Municode https://library.municode.com/print.aspx?h=&clientID=13056&HTMReq... Subd. 4. Stillwater West business park districts—Business park commercial, business park office, business park industrial(BP-C, BP-O and BP-1). Any person, firm or corporation erecting a tower or antenna in the Stillwater West Business Park shall require a conditional use permit from the city council and meet the following requirements of Section 31-512: (a) Exception. Communication antennas attached to an existing structure or in preferred location which are no higher than 15 feet above the primary structure and are allowed as permitted use. (b) Conditions. Communication towers and antennas are subject to the following conditions: (1) A tower and antenna may be no more than 75 feet in height, 100 feet if collocated. (2) A tower may not be located within 300 feet of the property line of residentially zoned property. (3) A tower may be located no closer to a street property line than a distance equal to the height of the tower plus ten feet. (4) Minimum lot size is 0.5 acre for a primary tower use. (5) Towers may be located no closer than one-half mile to the closest tower or other collocation PWCS transmitting facility. (6) If a tower is erected on a site with an existing primary structure, the site must have a space of 1,200 square feet set aside exclusively for tower use. The tower may not be located in the front or corner side yard setback area of the primary structure but to the rear of the site. Subd. 5. Central business district(CBD) and professional administrative (PA) district. Any person, firm or corporation erecting an antenna in central business and professional administrative districts shall meet the following requirements: (a) Towers are not allowed in the CBD and PA districts. (b) Antennas are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural setting and character of downtown and its historic buildings and the national register historic district. (c) All support service equipment must be enclosed within an existing building or located and screened so as to be hidden from public view from the street or above. Subd. 6. St. Croix River overlay district. No communication antenna or communication tower may be located in the St Croix River Overlay District, shoreland or floodplain districts. Subd. 7. Performance standards. All personal wireless communication towers erected, constructed, or located within the city must comply with the following requirements: (a) Colocation requirements. A proposal for a new personal wireless communication service tower may not be approved unless it can be documented by the applicant that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-half-mile radius of the proposed tower due to one or more of the following reasons: (1) The planned equipment would cause interference with other existing or planned equipment at the tower or building as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost. (2) No existing or approved towers or commercial/industrial buildings within a one-half-mile radius meet the radio frequency (RF) design criteria. (3) Existing or approved towers and commercial/industrial buildings within a one-half-mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and professional radio frequency (RF) engineer. 2 of 4 8/19/2014 11:36 AM Municode https://library.municode.com/print.aspx?h=&clientID=13056&HTMReq... (4) The applicant must demonstrate that a good faith effort to collocate existing towers and structures within a one-half-mile radius was made, but an agreement could not be reached. (b) Tower construction requirements. All towers erected, constructed or located within the city, and all wiring therefore, shall comply with the following requirements: (1) Stealth towers are the preferred tower design in residential districts. Monopoles are the preferred tower design in all other districts. The city will consider alternative tower types in cases where structural; radio frequency design considerations; or the number of tenants required by the city, precludes the use of a preferred tower design. Guyed towers may not be used in any district. Lattice towers may not be used in any residential district. (2) Towers and their antennas must comply with all applicable provisions of this Code. (3) Towers and their antennas must be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Uniform Building Code and all other applicable reviewing agencies. (4) Towers and their antennas must be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code. (5) Metal towers must be constructed of or treated with corrosion-resistant material. (6) Any proposed communication service tower of 100 feet in height must be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennas and comparable antennas at least one additional user. To allow for future rearrangement of antennas upon the tower, the tower must be designed to accept antennas mounted at no less than 20-foot intervals. (7) All towers must be reasonably protected against unauthorized climbing. The bottom of the tower (measured from ground level to 12 feet above ground level) must be designed in a manner to preclude unauthorized climbing to be enclosed by a six-foot-high chain link fence with a locked gate. (8) All owners and their antennas and relative accessory structures must utilize building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment to the greatest extent possible. (9) No advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state or local authorities. (10) Towers and their antennas may not be illuminated by artificial means, except for camouflage purposes (designed as a lighted tower for a parking lot or a ball field) or the illumination is specifically required by the Federal Aviation Administration or other authority. (11) No part of any antenna or tower, nor any lines, cable, equipment, wires or braces, may at any time extend across or over any part of the right-of-way, public street, highway or sidewalk. (12) All communication towers and their antennas must be adequately insured for injury and property damage caused by collapse of the tower. (13) All obsolete or unused towers and accompanying accessory facilities must be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city council. After the facilities are removed, the site must be restored to its original or an improved state. (14) In addition to the submittal requirements required elsewhere in this Code, applications for building permits for towers and their antennas must be accompanied by the 3 of 4 8/19/2014 11:36 AM Municode https://library.municode.com/print.aspx?h=&clientID=13056&HTMReq... following information: i. The provider must submit confirmation that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations. ii. A report from a qualified professional engineer shall be submitted which does the following: a. Describes the tower height and design including a cross section and elevation; b. Demonstrates the tower's compliance with the aforementioned structural and electrical standards; C. Documents the height above grade for all potential mounting positions, or collocated antennas and the minimum separation distances between antennas; d. Describes the tower's capacity including the number and type of antennas that it can accommodate; and e. Confirmation by the provider that the proposed facility will not interfere with public safety communications. iii. A letter of intent committing the tower owner or his successors to allow the shared use of the tower as long as there is no negative structural impact upon the tower and there is no disruption to the service provided. Subd. 8. Existing antennas and towers. Antennas, towers and accessory structures in existence as of July 1, 1997, which do not conform or to comply with this section are subject to the following provisions: (a) Towers may continue in use for the purpose now used and as now existing, but may not be placed or structurally altered without complying in all respects within this section. (b) If a tower is damaged or destroyed due to any reason or course whatsoever, the tower may be repaired or restored to its former use, location and physical dimension upon obtaining a building permit, but without otherwise complying with this section. Subd. 9. Obsolete or unused towers. All obsolete or unused towers and accompanying accessory facilities must be removed within 12 months of the cessation of operations, unless a time extension is approved by the city council. If a time extension is not approved, the tower may be deemed a nuisance pursuant to Minn. Stat. Ch. 429. If a tower is determined to be a nuisance, the city may act to abate the nuisance and require the removal of the tower at the property owner's expense. In the case of multiple operators sharing the use of a single tower, this provision will not become effective until all users cease operations for a period of six consecutive months. After the facilities are removed, the site must be restored to its original or to an improved state. (Ord. No. 1007, § 1(c)—(g), 4-21-09) 4 of 4 8/19/2014 11:36 AM 12/7/2017 Stillwater, MN Code of Ordinances Chapter 24-STREETS,ALLEYS AND PUBLIC PROPERTY['] ARTICLE I.-IN GENERAL Sec.24-1.-Streets. Subd. 1. Permit required. No person,except an authorized city employee or contractor performing work under a contract with the city,shall make any excavation in a street,alley,sidewalk or public ground without first having secured a permit therefor from the public works director. Subd. 2. Application and regulations.The public works director shall prepare the necessary application forms and permits required under subdivision 1 of this section.The public works director shall also prepare regulations necessary to protect the public from injury,prevent damage to public or private property and minimize interference with the public use of streets, alleys,sidewalks and public grounds.Any person making such an excavation shall comply with such regulations. Subd. 3. Bond.Any permittee,except a public utility corporation or a bonded plumber,shall file with the clerk a corporate surety bond,cash deposit or certified check in the amount of$5,000.00,conditioned that the permittee will: (1) Perform work in connection with the excavation in accordance with the applicable ordinances and regulations; (2) Indemnify the city and hold it harmless from all damages caused in the execution of the work;and (3) Pay all costs and damages suffered by the city by reason of the failure of the permittee to observe the terms of applicable ordinances and regulations or because of negligence in the execution of the work. The bond shall be approved as to form and legality by the city attorney. Subd.4. Public liability insurance.Any permittee,except a public utility corporation,shall furnish proof that the permittee has in existence an insurance policy protecting the permittee from liability to the public,including the city,to an amount equal to the maximum claim the city might be required to pay under Minn. Stat.ch.466. Subd. 5. Permit denial. Failure to comply with the conditions of this section shall be grounds for denial of future permits. Subd. 6. General regulations for excavations.Street openings shall be made in a manner that will cause the least inconvenience to the public. Provision shall be made for the passage of water along the gutters and at least one-half of the traveled portion of the street shall be left open and in good condition for the safe passage of vehicles.Open excavations shall be guarded with substantial barriers and marked with red flags and at night with red lights or flashing devices. Pipes or mains exposed to freezing temperatures shall be protected to prevent freezing.Any person responsible for exposing a city main or pipe so that it might be damaged by freezing shall be liable to the city for any and all damages caused by a freezing and all damages sustained by others by freezing for which the city might be liable. Subd. 7. Refilling excavations. Every street excavation shall be refilled as soon as possible after the work is completed and paving, sidewalks and appurtenances shall be replaced in at least as good condition as before the excavation to the satisfaction of the city public works director.All dirt and debris shall be removed immediately.Any person who fails to comply with these requirements within 24 hours after notice from the city shall be liable to the city for the full cost incurred by the city in remedying the defect and restoring the street,sidewalk,alley or public ground to its proper condition.The cost shall be an obligation of the surety on the bond of the permittee. Subd. 8. Map of subsurface installations.The public works director shall maintain a map showing the location of all utility and other installations made beneath the surface of any public street,grounds or right-of-way.The information on the map shall be sufficiently complete and accurate to permit anyone making an excavation in a public place having any underground installation to avoid damage to any existing underground installation and to properly locate them.Any new underground facilities shall be recorded on the map as soon as practicable upon the issuance of an excavation permit or the completion of a contract for the installation of city underground installations. (Code 1980,§24.01; Ord. No. 661,5-5-87) 1/14 12/7/2017 Stillwater, MN Code of Ordinances Sec.24-2.- Numbering for dwelling homes and buildings. Subd. 1. Uniform numbering system.There is hereby created and established a uniform system of numbering properties and principal buildings in the city,referred to in this section as the"uniform numbering system." Subd. 2. Assigning of numbers.All properties or principal buildings within the city shall be allotted numbers in accordance with the following numbering system: (1) The city shall be numbered with 100 numbers per block. (2) Odd numbers shall be assigned on the east and south sides of the streets and even numbers shall be assigned on the west and north sides of the streets. Subd. 3. Type and placement of numbers. Each principal building shall bear the number assigned to the frontage on which the front entrance is located. In case a principal building is occupied by more than one business or family dwelling unit,each front entrance of such principal building shall bear a separate number. Numerals indicating the official numbers for each principal building shall be reflectorized,a minimum of three inches in height,shall be posted at least five feet from the threshold on a building surface and placed in such a manner as to be visible from the street on which the property is located. If there is a main entrance visible from the street,the numbers shall be placed within two feet of that entrance. Subd.4. Administration.At the time of submitting a preliminary plat or plan or application for building permits,the applicant shall submit a building numbering plan for review by the planning commission of the city.The city building official shall keep an up-to-date record of all numbers assigned under this section.The city building official shall assign,to any property owner in the city upon request,a number for each principal building or separate front entrance to such building. In doing so,he shall assign only those numbers assigned under the provisions of this section; provided, however,that he may assign additional numbers in accordance with the uniform system adopted in this section whenever the property has been subdivided,a new front entrance opened or undue hardship has been worked on any property owner. Subd. 5. Penalties for violation of section.Violations of this section shall be a petty misdemeanor. (Code 1980,§24.03) Sec.24-3.- Planting and care of trees in public places. Subd. 1. No person shall plant any trees within the limits of any street, public ground or highway of the city without first obtaining a permit from the city. Subd. 2. Anyone wishing to plant such trees shall apply to the city for a permit,stating the variety and precise location proposed for each tree.After the receipt of an application the city shall investigate the place where the tree is to be planted and shall grant a permit only if the location will permit the normal growth and development of the tree.The permit shall specify the location,variety and grade of each tree and method of planting, including among other things,the supply of suitable soil. No charge shall be made for the permit,and no trees shall be planted except in accordance with its terms. The specifications of the permit shall secure the suitable location,planting and growing of each tree. (Code 1980,§24.07) Secs.24-4-24-24.-Reserved. ARTICLE II.-RIGHT-OF-WAY MANAGEMENT Sec.24-25.- Findings,purpose,and intent. This article shall be interpreted consistently with 1997 Session Laws,Chapter 123,substantially codified in Minn.Stat.§§237.16, 237.162,237.163,237.79,237.81,and 238.086(the"Act")and the other laws governing applicable rights of the city and users of the right-of-way.This article shall also be interpreted consistent with Minnesota Rules 7819.0050-7819.9950 where possible.To the 2/14 12/7/2017 Stillwater, MN Code of Ordinances extent any provision of this article cannot be interpreted consistently with the Minnesota Rules,that interpretation most consistent with the Act and other applicable statutory and case law is intended.This article shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health,safety and welfare of the public. (Ord. No.890,3-7-00) Sec.24-26.- Election to manage the public rights-of-way. Pursuant to the authority granted to the city under state and federal statutory,administrative and common law,the city hereby elects pursuant Minn.Stat.§237.163,subd. 2(b),to manage rights-of-way within its jurisdiction. (Ord. No.890,3-7-00) Sec.24-27.-Definitions. The following definitions apply in this article of this code. References hereafter to"sections"are unless otherwise specified. Defined terms remain defined terms whether or not capitalized. City means the city of Stillwater, Minnesota. For purposes of sec.24-48,city means its elected officials,officers,employees and agents. Commission means the State Public Utilities Commission. Congested right-of-way means a crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minn.Stat.§ 216D.04,subd. 3,over a continuous length in excess of 500 feet. Construction performance bond means any of the following forms of security provided at permittee's option: (1) Individual project bond; (2) Cash deposit; (3) Security of a form listed or approved under Minn.Stat.§ 15.73,subd.3; (4) Letter of credit, in a form acceptable to the city; (5) Self-insurance,in a form acceptable to the city; (6) A blanket bond for projects within the city,or other form of construction bond,for a time specified and in a form acceptable to the city. Degradation means a decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. Degradation costsubject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration as determined by the city at the time the permit is issued,not to exceed the maximum restoration shown in plates 1 to 13,set forth in Minnesota Rules parts 7819.9900 to 7819.9950. Degradation fee means the estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation,and which equals the degradation cost. Department means the department of public works of the city. Department inspectormeans any person authorized by the city to carry out inspections related to the provisions of this article. Director means the director of the department of public works of the city,or her or his designee. 3/14 12/7/2017 Stillwater, MN Code of Ordinances Delaypenaltyis the penalty imposed as a result of unreasonable delays in right-of-way excavation,obstruction,patching,or restoration as established by permit. Emergency means a condition that(1)poses a danger to life or health,or of a significant loss of property;or(2)requires immediate repair or replacement of facilities in order to restore service to a customer. Equipment means any tangible asset used to install, repair,or maintain facilities in any right-of-way. Excavate means to dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. Excavation permit means the permit which, pursuant to this section, must be obtained before a person may excavate in a right- of-way.An excavation permit allows the holder to excavate that part of the right-of-way described in such permit. Excavation permit fee means money paid to the city by an applicant to cover the costs as provided in sec.24-35. Facilityor Facilities means any tangible asset in the right-of-way required to provide utility service. High density corridor means a designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. Hole means an excavation in the pavement,with the excavation having a length less than the width of the pavement. Management costs means the actual costs the city incurs in managing its rights-of-Way, including such costs, if incurred,as those associated with registering applicants; issuing,processing,and verifying right-of-way permit applications; inspectingjob sites and restoration projects; maintaining,supporting, protecting,or moving user facilities during right-of-way work; determining the adequacy of right—of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way,the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997,Chapter 123; Minn. Stat.§§237.162 or 237.163 or any ordinance enacted under those sections,or the city fees and costs related to appeals taken pursuant to sec.24-50 of this article. Obstruct means to place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Obstruction permit means the permit which, pursuant to this section, must be obtained before a person may obstruct a right-of- way,allowing the holder to hinder free and open passage over the specified portion of that right-of-way,for the duration specified therein. Obstruction permit fee means money paid to the city by a permittee to cover the costs as provided in sec. 24-35. Patch or Patching means a method of pavement replacement that is temporary in nature.A patch consists of(1)the compaction of the subbase and aggregate base,and(2)the replacement, in kind,of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions.A patch is considered full restoration only when the pavement is included in the city's five- year project plan. Pavement means any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous,concrete,aggregate,or gravel. Permit has the meaning given "right-of-way permit" in Minn.Stat.§237.162. Permittee means any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this article. 4/14 12/7/2017 Stillwater, MN Code of Ordinances Person means an individual or entity subject to the laws and rules of this state,however organized,whether public or private, whether domestic or foreign,whether for profit or nonprofit,and whether natural,corporate,or political. Probation means the status of a person that has not complied with the conditions of this article. Probationary period means one year from the date that a person has been notified in writing that they have been put on probation. Registrant means any person who(1)has or seeks to have its equipment or facilities located in any right-of-way,or(2)in any way occupies or uses,or seeks to occupy or use,the right-of-way or place its facilities or equipment in the right-of-way. Restore or Restoration means the process by which an excavated right-of-way and surrounding area,including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. Restoration cost means the amount of money paid to the city by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission rules. Public right-of-way means the area on,below,or above a public roadway, highway,street,cartway,bicycle lane and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility casements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. Right-of-way permit means either the excavation permit or the obstruction permit,or both,depending on the context, required by this article. Right-of-way user means(1)a telecommunications right-of-way user as defined by Minn.Stat.§237.162,subd.4;or(2)a person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service,and who has a right under law,franchise,or ordinance to use the public right-of-way. Service or Utilityservice includes(1)those services provided by a public utility as defined in Minn.Stat.§2166.02,subds.4 and 6; (2)services of a telecommunications right-of-way user, including transporting of voice or data information;(3)services of a cable communications systems as defined in Minn.Stat. Chapter. 238;(4)natural gas or electric energy or telecommunications services provided by the city;(5)services provided by a cooperative electric association organized under Minn. Stat.Chapter 308A;and(6) water,sewer,steam,cooling or heating services. Supplementary application means an application made to excavate or obstruct more of the right-of-way than allowed in,or to extend,a permit that had already been issued. Temporary surface means the compaction of subbase and aggregate base and replacement,in kind,of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the city's two- year plan, in which case it is considered full restoration. Trench means an excavation in the pavement,with the excavation having a length equal to or greater than the width of the pavement. Telecommunication right-of-way usermeans a person owning or controlling a facility in the right-of-way,or seeking to own or control a facility in the right-of-way,that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this article,a cable communication system defined and regulated under Minn.Stat.Chap.238,and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn.Stat.§2166.02,a municipality,a municipal gas or power agency organized under Minn. Stat.Chaps.453 and 453A,or a cooperative electric association organized under Minn. Stat.Chap.308A,are not telecommunications right-of-way users for purposes of this article. Two year project plan shows projects adopted by the city for construction within the next two years. 5/14 12/7/2017 Stillwater, MN Code of Ordinances (Ord. No.890,3-7-00) Sec.24-28.-Administration. The director is the principal city official responsible for the administration of the rights-of-way, right-of-way permits,and the ordinances related thereto.The director may delegate any or all of the duties hereunder. (Ord. No.890,3-7-00) Sec.24-29.-Registration and right-of-way occupancy. Subd. 1. Registration. Each person who occupies, uses,or seeks to occupy or use,the right-of-way or place any equipment or facilities in or on the right-of-way,including persons with installation and maintenance responsibilities by lease,sublease or assignment, must register with the city. Registration will consist of providing application information and paying a registration fee. Subd. 2. Registration prior to work. No person may construct,install, repair,remove, relocate,or perform any other work on,or use any facilities or any part thereof in any right-of-way without first being registered with the city. Subd. 3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way,and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this article. However, nothing herein relieves a person from complying with the provisions of the Minn.Stat.Chap.216D, Gopher One Call Law. (Ord. No.890,3-7-00) Sec.24-30.-Registration information. Subd. 1. Information required.The information provided to the city at the time of registration shall include, but not be limited to: (1) Each registrant's name,Gopher One Call registration certificate number,address and e-mail address if applicable,and telephone and facsimile numbers. (2) The name,address and e-mail address, if applicable,and telephone and facsimile numbers of a local representative.The local representative or designee shall be available at all times.Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (3) A certificate of insurance or self-insurance: a. Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota,or a form of self insurance acceptable to the city; b. Verifying that the registrant is insured against claims for personal injury,including death,as well as claims for property damage arising out of the(i)use and occupancy of the right-of-way by the registrant, its officers,agents,employees and permittees,and(ii)placement and use of facilities and equipment in the right-of-way by the registrant, its officers,agents,employees and permittees, including,but not limited to,protection against liability arising from completed operations,damage of underground facilities and collapse of property; C. Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; d. Requiring that the city be notified thirty(30)days in advance of cancellation of the policy or material modification of a coverage term; 6/14 12/7/2017 Stillwater, MN Code of Ordinances e. Indicating comprehensive liability coverage,automobile liability coverage,workers compensation and umbr by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policie<-- (4) The city may require a copy of the actual insurance policies. (5) If the person is a corporation,a copy of the certificate required to be filed under Minn. Stat.300.06 as recorded and certified to by the Secretary of State. (6) A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency,where the person is lawfully required to have such certificate from said commission or other state or federal agency. (Ord. No.890,3-2-00) Sec.24-31.-Reporting obligations. Subd. 1. Operations. Each registrant shall,at the time of registration and by December 1 of each year,file a construction and major maintenance plan for underground facilities with the city.Such plan shall be submitted using a format designated by the city and shall contain the information determined by the city to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way. The plan shall include, but not be limited to,the following information: (1) The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year(in this article,a "next-year project");and (2) To the extent known,the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year(in this article,a "five-year project"). The term "project" in this article shall include both next-year projects and five-year projects. By January 1 of each year the city will have available for inspection in the city's office a composite list of all projects of which the city has been informed of the annual plans.All registrants are responsible for keeping themselves informed of the current status of this list. Thereafter,by February 1,each registrant may change any project in its list of next-year projects,and must notify the city and all other registrants of all such changes in said list. Notwithstanding the foregoing,a registrant may at any time join in a next-year project of another registrant listed by the other registrant. Subd. 2.Additional next year projects. Notwithstanding the foregoing,the city will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the city if the registrant has used commercially reasonable efforts to anticipate and plan for the project. (Ord. No.890,3-7-00) Sec.24-32.- Permit requirement. Subd. 1. Permit required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way permit from the city to do so. (1) Excavation permit.An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein,to the extent and for the duration specified therein. (2) Obstruction permit.An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way,to the extent and 7/14 12/7/2017 Stillwater, MN Code of Ordinances for the duration specified therein.An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. Subd. 2. Permit extensions. No person may excavate obstruct the right-of-way beyond the date or dates specified in the permit unless(i)such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and(ii)a new permit or permit extension is granted. Subd. 3. Delay penalty. In accordance with Minnesota Rule 7819.1000,subp.3 and notwithstanding subdivision 2 of this section, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation,obstruction, patching,or restoration.The delay penalty shall be established from time to time by city council resolution. Subd.4. Permit display. Permits issued under this article shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city. (Ord. No.890,3-7-00) Sec.24-33.- Permit applications. Application for a permit is made to the city. Right-of-way permit applications shall contain,and will be considered complete only upon compliance with the requirements of the following provisions: (1) Registration with the city pursuant to this article; (2) Submission of a completed permit application form, including all required attachments,and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities. (3) Payment of money due the city for: a. Permit fees,estimated restoration costs and other management costs; b. Prior obstructions or excavations; C. Any undisputed loss,damage,or expense suffered by the city because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city; d. Franchise fees or other charges, if applicable. (4) Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 110%of the amount owing. (5) Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards. (Ord. No.890,3-7-00) Sec.24-34.- Issuance of permit;conditions. Subd. 1. Permit issuance. If the applicant has satisfied the requirements of this article,the city shall issue a permit. Subd. 2. Conditions.The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health,safety and welfare or when necessary to protect the right-of-way and its current use. (Ord. No.890,3-7-00) Sec.24-35.- Permit fees. 8/14 12/7/2017 Stillwater, MN Code of Ordinances Subd. 1. Excavation permit fee.The city shall establish an excavation permit fee in an amount sufficient to recover the following costs: (1) The city management costs; (2) Degradation costs, if applicable. Subd. 2. Obstruction permit fee.The city shall establish the obstruction permit fee and shall be in an amount sufficient to recover the city management costs. Subd. 3. Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees.The city may allow applicant to pay such fees within thirty(30)days of billing. Subd.4. Non refundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in sec.24-43,are not refundable. Subd. 5.Application to franchises. Unless otherwise agreed to in a franchise,management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. (Ord. No.890,3-7-00) Sec.24-36.-Right-of-way patching and restoration. Subd. 1. Timing.The work to be done under the excavation permit,and the patching and restoration of the right-of-way as required herein,must be completed within the dates specified in the permit,increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under sec.24-37. Subd. 2. Patch and restoration. Permittee shall patch its own work.The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (1) City restoration. If the city restores the right-of-way,permittee shall pay the costs thereof within thirty(30) days of billing. If,following such restoration,the pavement settles due to permittee's improper backfilling,the permittee shall pay to the city,within thirty(30)days of billing,all costs associated with correcting the defective work. (2) Permittee restoration. If the permittee restores the right-of-way itself,it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minnesota Rule 7819.3000. (3) Degradation fee in lieu of restoration. In lieu of right-of-way restoration,a right-of-way user may elect to pay a degradation fee. However,the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. Subd. 3.Standards.The permittee shall perform excavation,backfilling, patching and restoration according to the standards and with the materials specified by the city and shall comply with Minnesota Rule 7819.1100. Subd.4. Duty to correct defects.The permittee shall correct defects in patching,or restoration performed by permittee or its agents. Permittee,upon notification from the city,shall correct all restoration work to the extent necessary,using the method required by the city.Said work shall be completed within five(5)calendar days of the receipt of the notice from the city,not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under sec.24-37. 9/14 12/7/2017 Stillwater, MN Code of Ordinances Subd. 5. Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city,or fails to satisfactorily and timely complete all restoration required by the city,the city at its option may do such work. In that event the permittee shall pay to the city,within thirty(30)days of billing,the cost of restoring the right-of-way. If permittee fails to pay as required,the city may exercise its rights under the construction performance bond. (Ord. No.890,3-7-00) Sec.24-37.-Other obligations. Subd. 1. Compliance with other laws.Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits,licenses,and authority and to pay all fees required by the city or other applicable rule,law or regulation.A permittee shall comply with all requirements of local,state and federal laws,including Minn.Stat. 216D.01-.09(Gopher One Call Excavation Notice System).A permittee shall perform all work in conformance with all applicable codes and established rules and regulations,and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work, Subd. 2. Prohibited work. Except in an emergency,and with the approval of the city, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. Subd. 3. Interference with right-of-way.A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area,unless parked in conformance with city parking regulations.The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. (Ord. No.890,3-7-00) Sec.24-38.-Denial of permit. The city may deny a permit for failure to meet the requirements and conditions of this article or if the city determines that the denial is necessary to protect the health,safety,and welfare or when necessary to protect the right-of-way and its current use. (Ord. No.890,3-7-00) Sec.24-39.- Installation requirements. The excavation, backfilling, patching and restoration,and all other work performed in the right-of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minn.Stat. Secs.237.162 and 237.163. (Ord. No.890,3-7-00) Sec.24-40.- Inspection. Subd. 1. Notice of completion.When the work under any permit hereunder is completed,the permittee shall furnish a completion certificate in accordance Minnesota Rule 7819.1300. Subd. 2.Site inspection. Permittee shall make the work-site available to the city and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. Subd. 3.Authority of director. (1) At the time of inspection the director may order the immediate cessation of any work which poses a serious threat to the life, health,safety or well being of the public. (2) The director may issue an order to the permittee for any work which does not conform to the terms of the 10/14 12/7/2017 Stillwater, MN Code of Ordinances permit or other applicable standards,conditions,or codes.The order shall state that failure to correct the violation will be cause for revocation of the permit.Within ten(10)days after issuance of the order,the permittee shall present proof to the director that the violation has been corrected. If such proof has not been presented within the required time,the director may revoke the permit pursuant to sec. 1.22. (Ord. No.890,3-7-00) Sec.24-41.-Work done without a permit. Subd. 1. Emergency situations. Each registrant shall immediately notify the director of any event regarding its facilities,which it considers to be an emergency.The registrant may proceed to take whatever actions are necessary to respond to the emergency. Within two(2)business days after the occurrence of the emergency the registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this section for the actions it took in response to the emergency. Subd. 2. Non-emergency situations. Except in an emergency,any person who,without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit,and as a penalty pay double the normal fee for said permit, pay double all the other fees required by the city code,deposit with the city the fees necessary to correct any damage to the right-of- way and comply with all of the requirements of this article. (Ord. No.890,3-7-00) Sec.24-42.-Supplementary notification. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the city of the accurate information as soon as this information is known. (Ord. No.890,3-7-00) Sec.24-43.-Revocation of permits. Subd. 1.Substantial breach.The city reserves its right,as provided herein,to revoke any right-of-way permit without a fee refund if there is a substantial breach of the terms and conditions of any statute,ordinance,rule or regulation,or any material condition of the permit.A substantial breach by permittee shall include, but shall not be limited to,the following: (1) The violation of any material provision of the right-of-way permit; (2) An evasion or attempt to evade any material provision of the right-of-way permit,or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (3) Any material misrepresentation of fact in the application for a right-of-way permit; (4) The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control;or (5) The failure to correct, in a timely manner,work that does not conform to a condition indicated on an order issued pursuant to sec. 1.19. Subd. 2. Written notice ofbreach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute,ordinance, rule, regulation or any condition of the permit the city shall make a written demand upon the permittee to remedy such violation.The demand shall state that continued violations may be cause for revocation of the permit.A substantial breach,as stated above,will allow the city,at his or her discretion,to place additional or revised conditions on the permit to mitigate and remedy the breach. 11/14 12/7/2017 Stillwater, MN Code of Ordinances Subd. 3. Response to notice ofbreach.Within twenty-four(24)hours of receiving notification of the breach, permittee shall provide the city with a plan,acceptable to the city,that will cure the breach. Permittee's failure to so contact the city,or permittee's failure to timely submit an acceptable plan,or permittee's failure to reasonably implement the approved plan,shall be cause for immediate revocation of the permit. Further,permittee's failure to so contact the city,or permittee's failure to submit an acceptable plan,or permittee's failure to reasonably implement the approved plan,shall automatically place the permittee on probation for one (1)full year. Subd.4. Cause for probation. From time to time,the city may establish a list of conditions of the permit,which if breached will automatically place the permittee on probation for one full year,such as, but not limited to,working out of the allotted time period or working on right-of-way grossly outside of the permit authorization. Subd. 5.Automatic revocation. If a permittee,while on probation,commits a breach as outlined above, permittee's permit will automatically be revoked and permittee will not be allowed further permits for one full year,except for emergency repairs. Subd. 6. Reimbursement of city costs. If a permit is revoked,the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys'fees incurred in connection with such revocation. (Ord. No.890,3-7-00) Sec.24-44.- Mapping data. Subd. 1. Information required. Each registrant and permittee shall provide mapping information required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100. (Ord. No.890,3-7-00) Sec.24-45.- Location and relocation of facilities. Subd. 1. Placement, location,and relocation of facilities must comply with the Act,with other applicable law,and with Minnesota Rules 7819.3100,7819.5000 and 7819.5100,to the extent the rules do not limit authority otherwise available to cities. Subd. 2. Corridors.The city may assign specific area within the right-of-way,or any particular segment thereof as may be necessary,for each type of facilities that is or,pursuant to current technology,the city expects will someday be located within the right-of-way.All excavation,obstruction,or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the city shall,no later than at the time of the next reconstruction or excavation of the area where the facilities are located,move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the city for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety,customer service needs and hardship to the registrant. Subd. 3. Nuisance.One year after the passage of this section,any facilities found in a right-of-way that have not been registered shall be deemed to be a nuisance.The city may exercise any remedies or rights it has at law or in equity,including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition. (Ord. No.890,3-7-00) Sec.24-46.-Damage to other facilities. When the city does work in the right-of-way and finds it necessary to maintain,support,or move a registrant's facilities to protect it,the city shall notify the local representative as early as is reasonably possible.The costs associated therewith will be billed to that registrant and must be paid within thirty(30)days from the date of billing. Each registrant shall be responsible for the cost of 12/14 12/7/2017 Stillwater, MN Code of Ordinances repairing any facilities in the right-of-way which it or its facilities damages. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the city's response to an emergency occasioned by that registrant's facilities. (Ord. No.890,3-7-00) Sec.24-47.-Right-of-way vacation. Reservation ofright. If the city vacates a right-of-way which contains the facilities of a registrant,the registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. (Ord. No.890,3-7-00) Sec.24-48.- Indemnification and liability. By registering with the city,or by accepting a permit under this article,a registrant or permittee agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule 7819.1250. (Ord. No.890,3-7-00) Sec.24-49.-Abandoned and unusable facilities. Subd. 1. Discontinued operations.A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant's obligations for its facilities in the right-of-way under this article have been lawfully assumed by another registrant. Subd. 2. Removal.Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way if required in conjunction with other right-of-way repair,excavation,or construction, unless this requirement is waived by the city. (Ord. No.890,3-7-00) Sec.24-50.-Appeal. A right-of-way user that:(1)has been denied registration;(2)has been denied a permit;(3)has had permit revoked;or(4)believes that the fees imposed are invalid, may have the denial, revocation,or fee imposition reviewed,upon written request, by the city council.The city council shall act on a timely written request at its next regularly scheduled meeting.A decision by the city council affirming the denial,revocation,or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. (Ord. No.890,3-7-00) Sec.24-51.-Severability. If any portion of this article is for any reason held invalid by any court of competent jurisdiction,such portion shall be deemed a separate,distinct,and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this article precludes the city from requiring a franchise agreement with the applicant,as allowed by law,in addition to requirements set forth herein. (Ord. No.890,3-7-00) Secs.24-52-24-80.-Reserved. ARTICLE III.-STREET LIGHTING; LOCATION AND COSTS 13/14 12/7/2017 Stillwater, MN Code of Ordinances Sec.24-81.-Street lighting regulations. Subd. 1. Purpose. It is the council's intention to encourage the installation of street lighting throughout the city to promote the general health,safety and welfare of the citizens of the city. Subd. 2. Location. (1) The council, upon a petition of at least 35 percent of the property owners in an existing subdivision or developed area or upon its own initiative,shall determine the streets, parks or other public and private areas on which the city will install and operate a street lighting system. (2) Before any service is furnished,the council shall schedule a hearing pursuant to the provisions of M.S.Chapter 429,as amended,at which time the council will consider the project. (3) The city may pay a portion of the costs of installation of street lighting systems as the council may by policy determine from general ad valorem tax levies or from other revenues or funds of the city available for that purpose. In the event the council elects not to pay all of the installation costs,the remaining unpaid portion shall be assessed against the benefited property owners as a public improvement following a public hearing and in full accordance with the provisions of M.S.Chapter 429,as amended. Subd. 3. Operating costs;assessments. (1) The city clerk shall keep a record of the costs of operation, maintenance and replacement of the street lighting system including clerical,administrative and incidental costs. (2) Those costs shall be apportioned to each lot and parcel of property benefited by the street lighting system, whether or not the property abuts the street or other public or private area in which the system is located. Further,the cots shall be apportioned to similar classes of property similarly. (3) The city council, based on the information,shall by resolution,determine the rate to be paid by each lot or parcel. (4) The city clerk shall quarterly,prepare a bill based on the adopted rate for each lot or parcel.The bill may be added to the sewer billing for each lot or parcel benefitted by the street lighting system.The amount billed will,thereupon,become immediately due and payable. (5) In accordance with M.S.§429.101,the city clerk is authorized to certify the unpaid portion of any bill to the county auditor to be added to the tax rolls for collection with the real estate taxes. Subd. 3.5. [Penalty for/ate payment.]A penalty charge as established from time to time by resolution of the city council,shall be added to the amount to be certified to the county auditor to reimburse the city for administrative expenses resulting from the delinquency. (Ord. No.938,§ 1,6-17-03;Ord. No.962,§5,7-5-05) 14/14 RESOLUTION 2018-001 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $430,305.07 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 2nd day of January, 2018. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk EXHIBIT "A"TORESOLUTION#2018-001 Page 1 LIST 0FBILLS Acapulco Restaurant Reserves award reception 365.06 Acce/a |nc Annuo| K4aint 24,991.48 Advance Auto Parts Equipment repair supplies 172.14 Aspen Mills Uniforms 4,500.72 Assoc. mfK4N Building Official Membership 200.00 AutoNation Auto repair 283.64 QJHaines Tree Service Haul away logs and stumps from PVV 500.00 BHECommunity Solar Solar Garden 3,023.82 BrochnnanB|mcktopp|ngCo. Hardcourtrehab/Pickle ball/bike path 14,I70.00 COVVGovernment Inc. Upgrades 11,557.28 Century Link Phone 87.45 Cole Papers ]anitorio|supp|/es 56.53 Comcast Internet 134.90 Coverall nfthe Twin Cities Commercial Cleaning Services 2,312D0 Crystee|Truck Equip Plow for#34 12,883.14 ECM Publishers Publications 136.01 Electric Fire 6kSecurity Fire alarm inspection 1,472.00 Fastena| Cnnnpony Shop supplies 22.53 Flaherty 0' Hood P./\ Job evaluation points 500.00 F|eetPride Equipment repair supplies 72.36 Fraley Thomas Pliers 29.95 GUrban Companies Inc Police project 32,638.05 H&LK8esabi Blades 2,017.54 (APE Membership 50.00 images ofthe Past Scanning and prints 560.00 International Code Council 2018 Membership 135.00 Jahnke Brian Reimburse for work boots 160.00 Ke||ing1onConstruction Police project 647.25 Lake Country Door LLC Replace batteries 500.00 LofOerConnpanies Firewall & upgrades 12,820.00 Magnuson David Professional services 8,814.33 K8a|xvarabytes 2O18Maintenance Agreement 3,978.05 Marshall Electric Company Lily Lake tennis courts GF| 257.00 M8PTA Membership 100.00 K8enords Supplies 107.20 K4NDept ufAgriculture 2D18Noncommercial Pesticide Applicator Lic 10.00 MN Secretary of State Notary Notary Commission 120.00 MN State Fire Chiefs Assn 2018 Alex FOS registration 285.00 K4unicode Administrative support fee ZO18 350.00 K4VVOA 2year membership 25.00 NAPA Auto Parts Signal lamp 33.17 Office Depot Office supplies 1,121.05 Performance Plus LLC W1edico| eva|s 3,453.00 Pinnacle Wall Systems Police project 1,092.50 Racine North Computer replacement 2,875.00 EXHIBIT"A"TO RESOLUTION#2018-001 Page Sand Creek Group LTD Employee Assistance Program 2,123.30 Simp|i0|eLC Recording fees 150.00 SRF Consulting Group Downtown plan update 1,418.87 St. Croix Boat and Packet Co. Ramp cleaning 810.00 St. Croix Carpentry LLC Office wall partition 3,800.00 Stillwater Motor Company Vehicle service 58.48 Taylor Electric Lowell Park lighting 83,800.00 The Foundation Upgraded VPN 4,457.95 Truck Utilities Inc. Equipment repair supplies 752.08 USAb|e Life Term Life Insurance 463.20 Verizon Wireless Wireless Service 2'294.20 VVa|nnortConnnnunity Supplies 552.89 Washington County Radios 4,400.88 Xce| Energy Energy 19,167.60 ZepSales&Service Zeposhine 131.97 REC CENTER 1ST Line/LeevveuVentures LLC Snacks for concessions 738.75 41'rontLkC Graphics 220.00 Al's Coffee Company Hot beverages and supplies 1,036.50 Century Link Telephone 62.11 Coca-Cola Distribution Beverages for concessions 1,107.28 Comcast TVInternet&Voice 398.78 Cub Foods Concession supplies 64.59 New England Sports Sales Inc. Concession supplies 1,028.95 Pepsi Beverages Company Beverages for concessions 397.06 Pioneer Manufacturing Co. Qamne)ineaeroso| 730.00 Reliance Electric Motors Equipment repair 89.75 Riede|| Shoes Inc. Skates 93.65 SESA[ Performance License Music License 417.00 Twin Cities Dots & Pop Snacks for concessions 573.12 WET Technology Inc. Cooling water treatment 873.48 LIBRARY Baker and Taylor Materials 2,112.30 8arnhouseOffice LLC Building Reconfiguration 599.97 8ib|iotheca LLC Support& Maint for Sorter 19,080.31 8rodart Cu Materials 3,324.26 CengageLeorning Materials 3,718.86 EbscoPub|ishing Library Subscriptions 6,104.32 Heritage Printing Inc. Printing 236.20 Madden Ga|anterHansen LLP Legal Services 321.76 Midwest Tape Materials 1,502.29 Office ofk8N |TServices Phone Bill 220.23 Petrie Angela Staff Reimbursement 145.86 EXHIBIT"A"TO RESOLUTION#2018-001 Page Premier Lighting Inc Lighting 1,954.37 Recorded Books Inc Materials 76.40 Toshiba Business Solutions Maintenance Contract 171.34 Value Line Publishing Inc. Materials 1,050.00 Viking Auto Sprinkler Co. Building Repairs 675.00 DECEMBER MANUALS Flooring Expo Carpet King Carpeting 7,810.07 SVV/VVCService Retiree &COBRA Insurance 81,776.27 Xce| Energy Energy 1743405 Total 430,305.07 Adopted bythe City Council this 2nd Day ofJanuary, 2D1D RESOLUTION 2018-011 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 • $890,000 City Hall Improvements—Phase III • $470,000 Pioneer Park Bathroom Remodel • $450,000 2018 Street Improvements • $100,000 Marylane Drainage Project • $1,750,300 2018 Capital Outlay Purchases • $150,000 Public Works Roof 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 2nd day of January, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward City Clerk �-. ater r" "."'t* M I N Fd U. 0 Y A CITY COUNCIL MEETING DATE: January 2, 2018 REGARDING: 2018 Minnesota Historical Society MN Historical and Cultural Heritage grant for the Comprehensive Plan Historic Resources Chapter update PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND Throughout 2016, the HPC participated in an education series focused on the introduction, organization,and function of the HPC,private property owner requests,public benefit programs the Stillwater HPC has been involved in to date,as well as past preservation planning efforts. Included for review was the notation of the 1993 Vogel report focusing on a comprehensive strategy for historic preservation in Stillwater. This plan outlined numerous historic context statements and 18 Heritage Preservation Planning Areas, setting the stage for future designations within the community. The content of this document set forth the framework for preservation planning within the community,marking a turning point in preservation in Stillwater. This stand-alone pian helped demonstrate the City's commitment to preservation in the future. As stand-alone preservation pians are driven by survey and do not inherently look at a citywide comprehensive planning approach,many communities are turning away from traditional preservation planning endeavors, seeking to incorporate preservation planning into the everyday planning and development policies and actions. This has been the case with the City of Stillwater. The most significant action the City has taken to integrate preservation planning into the everyday planning arena has been through the 2030 Comprehensive Plan's Chapter 5, Historic Resources. PRSERVATION PLANNING 2018 With the adoption of the 2030 Comprehensive Plan,the City incorporated preservation, and the planning for future preservation,into the front lines of local public policy. The adoption of this chapter helps maintain continuity throughout the organization,even when the key players (including,but not limited to, staff,HPC members, and elected officials) change over the course of years. As the City must update the 2030 Comprehensive Plan,the HPC intends to update the Plan's Chapter 5: Historic Resources in concurrence with the full plan update, a preservation-specific citizen advisory committee, and a private consultant whose focus is exclusively on preservation plan development. In addition to the value of preservation and past preservation efforts,the chapter will address issues with local preservation,the conflicts with the current planning policies,public perceptions, outreach and partnerships,incentive options, as well as capital improvements (i.e. preservation of publicly owned resources). A tentative outline is attached. To fund the Historic Resources chapter update,the HPC has applied for two grants from the Minnesota Historical Society. One of the grants,in the amount of$12,125 from the Minnesota Historical Society's Historical and Cultural Heritage grant program(otherwise known as "Legacy" funds),has been awarded and is for Council consideration of acceptance with the adoption of the attached Resolution. The other grant,in the amount of$14,125 from Certified Local Government funding,was accepted by the Council in October,2017. It is estimated the total project cost will be approximately$35,000 with significant in-kind contributions and$5,000 approved from the City's general fund. COUNCIL ACTION Staff recommends the Council move to approve the 2018 Minnesota Historical Society's Historical and Cultural Heritage grant for the Comprehensive Plan Historic Resources Chapter update. I'i y,cI(if 2 STILLWATER 2040 COMPREHENSIVE PLAN HISTORIC RESOURCES(2040 CP HR) CHAPTER CONTENTS AND TENTATIVE OUTLINE The following outline has been developed to illustrate desirable contents of the 2040 Comprehensive Plan Historic Resources chapter. It is not intended to be binding. The final chapter outline may significantly vary from this outline. 1) INTRODUCTION' a) Purpose i) Defining Preservation and "Historic" ii) Public Values: Economical and Cultural b) Background i) History of Stillwater Planning ii) Past Preservation Planning Efforts and Issues iii) Integration with Comprehensive Planning 2) CONTEXT' a) Overview of Stillwater History b) Stillwater Today c) Current Issues d) Emerging Trends and Threats e) Public Perception of Preservation 3) ANALYSIS OF CURRENT TOOLS AND CONDITIONS' a) Existing Resources i) Methodology for Identification and Designation ii) Limitations iii) Content, Findings and Recommendation iv) Accessibility b) Laws and Policies i) Existing Ordinance (a) General Comparison to Others & Effectiveness c) Public Resource Management and Capital Improvement Program d) Current Programs e) Incentive Options 4) PRESERVATION PRIORITIES AND STRATEGIES4 a) To Be Determined i) Strategy Goals and Objectives 5) ASSOCIATED PROGRAM TIMELINE ' Portions of the Introduction may be most applicable in an Appendix to the 2040 CP FIR chapter. ' Portions of the Context chapter may be incorporated into the Introduction chapter;see footnote one. 3 Portions of the Analysis of Current Tools and Conditions may be incorporated into the Introduction chapter;see footnote one. 4 This chapter may either be a single chapter,outlining all strategies(and the respective goals and objectives),or it will be a series of independent chapters. This is the most significant content of the 2040 CP FIR and it is anticipated this chapter(or series)will be quite lengthy. RESOLUTION 2018-012 APPROVING THE CERTIFIED LOCAL GOVERNMENT GRANT ACCEPTANCE FORM FROM THE MINNESOTA HISTORICAL SOCIETY WHEREAS,the Metropolitan Council requires the City of Stillwater to update its Comprehensive Plan every ten years; and WHEREAS,the City of Stillwater is in the process of updating the 2030 Comprehensive Plan; and WHEREAS,the 2030 Stillwater Comprehensive Plan Chapter Five focuses on Historic Resources; and WHEREAS,the Stillwater Heritage Preservation Commission intends to update 2030 Stillwater Comprehensive Plan Historic Resources Chapter, addressing historic and cultural resources; and WHEREAS,the Stillwater Heritage Preservation Commission has been awarded a $12,125 Historical and Cultural Heritage grant from the Minnesota Historical Society to help offset the costs associated with the update of the 2030 Comprehensive Plan Historic Resources Chapter. BE IT RESOLVED by the City Council of Stillwater, MN that the grant agreement between the City of Stillwater and the Minnesota Historical Society for the Comprehensive Plan Historic Resources Chapter update, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, the Mayor are hereby authorized to sign said grant agreement on behalf of the City of Stillwater. Adopted by the Stillwater City Council on this 2nd day of January, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk ~ r » ^ � M|NNESOTAH0TOR|CALSDOETY &4|NNE8OTAHISTO0|CALANUCULTU RAL HER|TAGEGRANT AGREEMENT AccoLyId\ko. Fiscal Year Otuect{�lde MHS Grant No. Amount 02484 I018 5260 1707-21550 $12,125 grant $ 18,351 match This agreement ismade byand between the Minnesota Historical SOCIETY,34SKellogg Boulevard West, Saint Paul, Minnesota SS1O2, hereinafter called the SOCIETY,acting through its Director,and, City of Stillwater,215North Fourth Street,Stillwater, Minnesota, SSU82, herein called the GRANTEE. WHEREAS,the Minnesota Legislature, under Minnesota Session Laws 2D17,Chapter 81,Article 4,Section 2,Subdivision 4,approved funding to the SOCIETY for Statewide Historic and Cultural Grants for the purpose of supporting history programs and projects operated or conducted by or through |oca|,munty, regional,or other historical or cultural organizations;or for activities to preserve significant historic and cultural resources such asthat which iscontemplated bvGRANTEE, and WHEREAS,the GRANTEE and its project,Stillwater 2O4OComprehensive Plan Historic Resources Chapter Update, meets the eligibility criteria for funding under the grants program;and _ WHEREAS,the SOCIETY'S Executive Council approved a grant recommended for funding by the Historical Resources Advisory Committee onDecember 4,3U17. NOW THEREFORE,in consideration of the award of the grant,the GRANTEE agrees to administer said grant inaccordance with the following policies and procedures: |. PROJECT DESCRIPTION A. The project period for this activity isfrom December 1,2D17to1I/1/3O10. . B. The project will be carried out in accordance with the provisions of the Minnesota Historical and Cultural Heritage Grants Manual.The project will also be carried out in accordance with the GRANTEE'S Minnesota Historical and Cultural Heritage Grants Program Grant Application. Page 1ofthe application |sincluded asAttachment A,and the entire application ishereby incorporated byreference. |naddition,the following conditions must bemet: a. Prior to submission of the grant final report,Grantee must submit a draft of the chapter at 75%completion to the Grants Office for review,comment,and possible edit. Thirty days are required for review. Upload toMilestone/Condition 3report inthe SOCIETY'S grants portal ( ) C. The official project budget as approved by the SOCIETY supersedes the GRANTEE'S grant application budget and isincluded as Attachment B and hereby incorporated byreference. D. Only the items set forth in the Approved Project Budget(Attachment B) may be charged against the grant project. ' 6 a y E. Any project expense not specifically approved in the Approved Project Budget will not be allowed except upon prior written request by the GRANTEE and prior written approval by the SOCIETY. F. Changes in the Approved Project Budget may not exceed twenty(20) percent of any line item.Changes occurring after the project begins that exceed twenty(20) percent of any line item will not be allowed except upon prior written request by the GRANTEE and prior written approval by the SOCIETY. G. Changes in the Project Completion Date will not be allowed except upon prior written request by the GRANTEE and prior written approval by the SOCIETY. H. No grant funds may be used to pay indirect costs, commonly referred to as overhead. II. ASSURANCES A. The GRANTEE agrees that this project will be administered and conducted in accordance with Minn.Stat. 1613.98 for Grants Management. B. The GRANTEE shall hold the SOCIETY and the State of Minnesota harmless from any loss, damage, or expense including reasonable attorneys'fees and other costs of defense,arising as the result of any claim, action,complaint, proceeding,or litigation of any kind whatsoever, directly or indirectly brought about as a result of the funded project. C. The GRANTEE agrees that in hiring of common or skilled labor for the performance of any work on the grant project that no contractor, material supplier or vendor shall, by reason of race,creed,color, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age, discriminate against any person or persons who are citizens of the United States,or resident aliens,who are qualified and available to perform the work to which the employment relates. D. The GRANTEE agrees no contractor, material supplier or vendor shall, in any manner, discriminate against, or intimidate,or prevent the employment of any person or persons identified in the preceding paragraph, or on being hired, prevent or conspire to prevent,the person or persons from the performance of work under any contract on account of race, creed, color, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age. E. This Agreement may be canceled or terminated by the SOCIETY,and all money due,or to become due hereunder may be forfeited for a second or any subsequent violation of the terms of this section. F. The GRANTEE assures that no part of the project budget will be used directly or indirectly to pay for any personal service,advertisement,telegram,telephone, letter, printed or written matter,or other device intended or designed to influence in any manner a member of the 2 , Minnesota Legislature,to favor or oppose, by vote or otherwise,any legislation or appropriation by the Legislature,whether before or after the introduction of any bill or resolution proposing such legislation or appropriation. This shall not prevent communicating to members of the Minnesota Legislature on the request of any member or to the Legislature,through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. G. Both parties agree that if intellectual property is created in project,the parties will discuss the allocation of ownership and use rights. H. Copyright to copyrightable materials, including computer software,resulting from this project shall vest in the GRANTEE with a non-transferable royalty-free license to the SOCIETY for its non-commercial use.The GRANTEE shall grant the SOCIETY an option to license any such material(s) it wishes to develop for commercial purposes on terms and conditions,including a royalty,as the parties hereto agree in a subsequent writing. I. Except for(a)the above limitation,(b)the GRANTEE's right to control publication of its own research results, (c)patented and patent-pending property and (d)the GRANTEE's confidential information,the SOCIETY will have the free,irrevocable, non- exclusive unlimited right to use any research results collected in project by both the GRANTEE and the SOCIETY for any purpose worldwide. J. The GRANTEE agrees to post a sign in a prominent location while restoration/preservation project work is in progress substantially incorporating the following acknowledgment: This project has been financed in part with funds provided by the State of Minnesota from the Arts and Cultural Heritage Fund through the Minnesota Historical Society." K. The GRANTEE agrees that any publicity releases, informational brochures, public reports, publications, and public information relating to approved projects must acknowledge funding assistance from the State of Minnesota from the Arts and Cultural Heritage Fund.Any written materials shall include the following: "This publication was made possible in part by the people of Minnesota through a grant funded by an appropriation to the Minnesota Historical Society from the Minnesota Arts and Cultural Heritage Fund.Any views,findings, opinions,conclusions or recommendations expressed in this publication are those of the authors and do not necessarily represent those of the State of Minnesota, the Minnesota Historical Society, or the Minnesota Historic Resources Advisory Committee." L. All work carried out shall meet Historic and Architectural Survey Manual(June 2017)and the SHPO Manual for Archaeological Projects in Minnesota(July 2005). III. PROCEDURES FOR CONTRACTING SERVICES AND MATERIALS A. Any services and/or materials that are expected to cost$20,000 or more must undergo a formal notice and bidding process. Evidence of the process along with copies of the bids received must be included in the GRANTEE's financial records for the project. 3 T B. Any services and/or materials that are expected to cost between$10,000 and$19,999 must be scoped out in writing and offered to a minimum of three(3) bidders.The GRANTEE must maintain financial records that verify the cost was competitively based on at least three written quotes submitted in response to written specifications. C. Any services and/or-materials that are expected to cost between $5,000 and$9,999 must be competitively based on a minimum of three(3)verbal quotes.The GRANTEE must maintain financial records that verify the cost was competitively based on at least three verbal quotes. IV. PAYMENTSCHEDULE A. Once the Grant Agreement has been fully executed,the GRANTEE will receive a check from the SOCIETY for ninety percent(90%)of the grant award. B. Retainage. A total of ten percent(10%)of the grant funds will be released as the final payment after work is complete and fiscal documentation and the project completion report, have been reviewed and accepted by the SOCIETY. V. FINANCIAL DOCUMENTATION AND FINAL REPORTING A. The GRANTEE will submit a completed final report including documentation for project expenditures and project products on or before 1/1/2019. (Work on the project must be concluded by 12/1/2018) B. The final report must be completed electronically in the Minnesota Historical Society's Grants Portal (https://mnhs.fluxx.io). a. The financial documentation for project costs to be uploaded with the final report shall include acceptable types of documentation such as: (1)copies of paid invoices/receipts, (2)copies of project personnel timesheets(if applicable), (3)copies of in-kind and/or donated services timesheets(if applicable),and (4) copies of donated materials forms. b. The Final Products to be uploaded with the final report are: Electronic copy of the final 2040 Comprehensive Plan Historic Resources Chapter. VI. AUDIT A. The GRANTEE must maintain records and accounts consistent with generally accepted accounting principles,and to provide for such fiscal control as is necessary to assure the proper disbursing of and accounting for grant funds. The GRANTEE must maintain records and accounts for this project on file for a minimum of six(6)years after approval of the Final Report. B. The GRANTEE agrees to maintain records to document any matching funds claimed as part of the project. The GRANTEE further agrees to secure reasonable written proof of the value of Staff or Volunteer Labor,and for Donated Materials contributed to the project. 4 C. The GRANTEE agrees that accounts and supporting documents relating to project expenditures will be adequate to permit an accurate and expeditious audit. An audit may be made at any time by the SOCIETY,its designated representatives,or any applicable agency of the State of Minnesota. VII. AMENDMENTS AND CANCELLATION A. Amendments Any significant variations from proposed work,costs,and/or time frames described in this agreement which are experienced or anticipated during the course of the project and any significant problems,delays,or adverse conditions which materially affect planned performance should be submitted in writing to Grants Office, Minnesota Historical Society,345 Kellogg Boulevard West,Saint Paul, Minnesota 55102. The SOCIETY will respond in writing,either approving or not approving the changes,and may amend the agreement if deemed necessary. Variations which are not known until the conclusion of the project may be submitted with the Financial Documentation; however,the GRANTEE understands that costs may be disallowed if changes are not approved. Any amendments to this agreement shall be in writing,and shall be executed by the same parties who executed the original agreement or their successors in office. B. Cancellation The SOCIETY may withhold,cancel,or revoke in whole or in part the grant amount if it determines that the GRANTEE has materially breached any term or condition of this agreement.GRANTEES will be given a 30-day notice. In lieu of cancellation, GRANTEES may be given proposed remedies to ensure successful completion of the project. In addition, both parties may mutually agree to cancel the agreement if they determine that the project will not produce beneficial results commensurate with further expenditure of funds or because of circumstances beyond the control of either party. In the event of cancellation,the SOCIETY may withhold proceeds of the Grant;demand that the GRANTEE return any already disbursed proceeds to the Finance Commissioner; and seek any additional legal or equitable remedy(ies). Finally,the GRANTEE hereby acknowledges that the proceeds of the Grant are being financed in part with funds provided by the State of Minnesota and administered through the SOCIETY, and that, per Minnesota Session Laws 2017,Chapter 91,Article 4,Section 2,Subdivision 4,the funding will be canceled to the extent a court determines that the appropriation, or portion thereof, unconstitutionally substitutes for a traditional source of funding. 5 I have read the above agreement and agree to abide by all of its provisions. Upon execution,this Agreement controls all activities during the project period. IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed on the date(s) indicated below intending to be bound thereby. Minnesota.Historical Society City of Stillwater 345 Kellogg Boulevard West 216 North Fourth Street Saint Paul, Minnesota 55102 Stillwater, Minnesota 55082 Carolyn Veeser-Egbide (date) signature(authorized official) Grants Manager l (print name) (date) �•r(e�y off, Mary Green-Toussaint (date) (print title) Contract Manager 6 CLEAN MINNESOTA WAT E R HISTORICALoLAND & 4, LEGACY SOCIETY Z. A.MN D.M F E N T il ATT ACJA E OT A MINNESOTA HISTORICAL AND CULTURAL HERITAGE PROGRAM City of Stillwater R-MHCG-1 707-21550 1 $12,125 1 MN Historical and Cultural Stillwater 2040 Comprehensive Plan Historic Resources Chapter Update Internal Reviewers: Michael Koop v Table Of Contents StatusPending Final Review APPLICANT INFORMATION Program Organization: City of Stillwater Project Director: Abbi Wittman Authorized Officer: Bill Turnblad Additional Project Staff: Applicant County: Washington Applicant Organization Type: Loca(/Regional Government Governance/Board Members: Mayor Ted Kozlowski, Doug Menikheim (Ward'l), David Junker (Ward 2), Tom Weidner (Ward 3), and Michael Polehna (Ward 4) Is this a cooperative project? Select Yes or No. No v Click arrow to view previous grants awarded— ATTACHMENT B City of Stillwater APPROVED LINE-ITEM BUDGET Grant Amount Match Budget Item Amount Requested 1. Professional Services $12,125.00 $12,125.00 $14,500.00 2. HPC Members $875.00 3. Personnel (Wittman) $2,400.00 4. Personnel (Turnblad) $141.00 5. Personnel (Sundberg) $285.00 6. Administrative Supplies $150.00 7. 8. 9. 10. 11. 112. Total: $12,125.00I Total: $12,125.00 Total: $18,351.00 RESOLUTION 2018-013 APPROVAL OF CONTRACT BETWEEN THE CITY OF STILLWATER AND SAND CREEK GROUP, LTD. BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the contract between the City of Stillwater and Sand Creek Group, Ltd. to provide an Employee Assistance Program for the term January 1, 2018 through December 31, 2018, as on file with the City Clerk. The Mayor and Clerk are hereby authorized to sign said agreement. Adopted by the City Council this 2nd day of January, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Employee Assistance Agreement between The Sand Creek Group,Ltd. and The City of Stillwater I. Services Provided. The program contract includes the following services: 1. Full service coverage for The City of Stillwater employees and their household members. 2. Employee Assistance personnel policy development and consultation. 3. Supervisory training of management personnel in the use of the program. 4. Employee orientation seminars to familiarize your employees with the services available to them. 5. Promotional materials including brochures, posters and newsletter articles to keep your Employee Assistance Program visible to your employees, and their families. 6 Ongoing consultations with managers and supervisors to assist them in utilizing the EAP within your organization. zation. 7. Confidential assessment, referral and brief counseling to be provided to all employees, and their family members. Up to four sessions of counseling based on the clinical recommendation of EAP counselor. Each session being comprised of one clinical hour. All of the employees of The City of Stillwater and their family members may contact The Sand Creek Group for assessment, brief counsel and, when necessary, referral free-of-charge to them. No limit is placed on the number of assessments and referrals made annually. All contact is strictly confidential. 8. 24 hour telephone crisis intervention. 9. Worksite visits from an EAP representative to continually evaluate the status of the program and your satisfaction. II. Coordination of The City of Stillwater agrees to work with the EAP representative in informing its employees of this agreement and the services which are available to them. III Use of Name: The City of Stillwater agrees to allow The Sand Creek Group, Ltd to list the City as a customer on promotional materials. IV ibili EAP is a service intended to provide short term assessment and brief counseling services to a wide variety of personal and work-related stressors. The service is intended to evaluate relevant information regarding the history of the concerns brought to the EAP by he client; the current status of the concerns; and the impact they are having on the client. EAPs goal is the construction of an action plan to help the client1s deal with their concerns in a successful fashion. Some times the action plan can be successfully implemented exclusively within the EAR In other cases, the action plan may entail referring the client to a variety of community resources that can provide longer term or specialized services that are beyond or outside the scope of the EAR The EAP benefit is focused on the individual client whenever an employee or covered family member runs up against individual events, conditions or circumstances that don't envelop other members of the family system. In that case, the individual client is eligible to use YP to a certain number of counseling sessions clearly defined in the EAP contract. When an event (i.e. —marital/relationship struggles; divorce; death of afamily member; etc.) impacts part or all of an entire family unit, the EAP benefit is available for all family members to use collectively in the initial stages of addressing the impact of that family event. The EAP sessions are intended to define a broader plan of action that includes all involved family members. In many situations that involve multiple family members, the variety of counseling and emotional support needs that exist oftentimes goes beyond the EAP benefit. When that is the case, our goal is to help all impacted family members utilize the EAP benefit in a collective fashion to help guide them towards additional support and counseling services, either individually or as afamily. V Employee Participation: A working policy of the EAP is that Employee participation in the EAP will affect neither future employment or advancement nor protect employee from disciplinary action for continued substandard performance. V1. Rfp2rdng: The Sand Creek Group, Ltd. will provide quarterly reports on program utilization. No information on individual employees will be released outside of The Sand Creek Group without the written consent of the employee. VII. Retainer Cost: The annual retainer charged by The Sand Creek Group, Ltd.for the employee services is as follows: Number of employees 80 Cost per employee $26.54 Annual EAP Contract Cost $2,123.20 Term of Contract January 1, 2018 to December 31, 2018 Optional Services: Organization Development Services $250.00 per hour Trauma Team Services $250.00/1st two hours $150.00 per hour over two hours Bag Lunch Seminars: $250.00 per hour of prese ntatio n1facil itatl on VIII. Fee for Ongoing Counseling: Payment for any ongoing counseling services beyond the initial diagnostic screening will be the responsibility of the employee/family member. IX.Modification or Termination of Contract: This contract may be modified in writing at any time by the mutual consent of the parties. Either The City of Stillwater or The Sand Creek Group, Ltd may cancel this agreement at any time upon 90 day notice, in writing, to the other party. Z/ 'Z Gretchen M. Stein, Ph.D., CEAP Date The City of Stillwater Date President& Chief Executive Officer The Sand Creek Group, Ltd. .. 11 Creek WORKPLACE WELLNESS Board of Commissioners %at= Fran Won,District 1 FYStan Karwoski,District 2 BOARD AGENDA Gary Kdesel,District 3 Karla Bigham,District 4 JANUARY 2, 2018 — 9:00 A.M. Lisa Weik,Chair,District 5 1. 9:00 Roll Call Pledge of Allegiance 2. Election of Chair of the County Board for 2018 3, Election of Vice Chair of the County Board for 2018 4. Recognition of the Outgoing Board Chair from 2017 5. Set Board Meeting Dates for 2018 6. 9:20 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government,whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium,state your name and city ofresidence,and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant,repetitive,overly argumentative,or if it is not relevant to an issue that is part of Washington County's Responsibilities. 7. 9:30 Consent Calendar—Roll Call Vote 8. 9:30 General Administration —Molly O'Rourke, County Administrator Commissioner Committee Appointments for 2018 9. 9:40 Commissioner Reports—Comments—Questions This period of lime 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. 10, Board Correspondence 11. 9:55 Adjourn 10:00-10:30 Personnel Committee Meeting Assistive listening devices are available foruse in the County Board Room If you need assistance due to disability or language barrier,please call(651)430-6000 EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR JANUARY 2, 2018 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of December 12, 2017 County Board Meeting Minutes. B. Approval of Reappointments of citizen volunteers to Advisory Committees for 2018. C. Approval of Memorial Day appropriations of$100 each, upon request, in 2018 for military service organizations as set out in state statute. D. Approval of resolutions to set minimum salaries for the County Sheriff and County Attorney for the next term. E. Approval to appoint Andrew Fields, Oak-Land Middle School,Principal,to the Community Corrections Advisory Board as the Education Representative, to a first term expiring December 31, 2019. Community Corrections F. Approval to renew the purchase of service agreement with Youth Service Bureau, Inc. for the period of January 1, 2018 through December 31, 2018. Community Services G. Approval of the 2017-2019 contract with FarnilyWise Services to provide Parenting Assessments, Supervised Visitation & Safe Exchange, In-Home Parenting Education, Independent Living Skills Training, and 1:1 Youth Services Training. H. Approval of amendment to contract#8785 between Washington County and Community Involvement Programs. Sheriff's Office 1. Approval of resolution authorizing Washington County to enter into a software licensing agreement with ImageTrend. Consent Calendar items are generally defined as items of'routine business,not requiring discussion,and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s)for discussion and/or separate action. Assistive listening devices are available for use In the County Board Room If you need assistance due to disability or language harder,please call(651)430-6000 EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -f,i , ter llwa 216 41h Street N, Stillwater, MN 55082 q's 651-430-8800 The Birthplace of Minnesota www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING January 2, 2018 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M.AGENDA I. CALL TO ORDER 11. ROLL CALL 111. OTHER BUSINESS 1. Discussion on Lift Bridge Brewery future plans IV. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk S. Community Development Dir. 6. Public Works Dir. 7. Finance Director 8. City Attorney 9. City Administrator 7:00 P.M.AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 10. Possible approval of December 19, 2017 regular meeting minutes, November 21, 2017 and December 19, 2017 closed session minutes. IX PETITIONS, INDIVIDUALS, DELEGATIONS&COMMENDATIONS X. 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. XI. 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. 11. Resolution 2018-001, directing payment of bills (available Tuesday) 12. Resolution 2018-002, designation of depositories for 2018 13. Resolution 2018-003, designating a responsible authority and assigning duties in accordance with the State of Minnesota Data Practices Statute 14. Resolution 2018-004, designating the Stillwater Gazette and St.Paul Pioneer Press as the City's legal publications and approving contracts with the Stillwater Gazette and St.Paul Pioneer Press for 2018 15. Resolution 2018-005, approving licensee name change of Holiday Stationstores Inc.to Holiday Stationstores, LLC 16. Resolution 2018-006, appointments to Library Board of Trustees 17. Resolution 2018-007,approval of Dock Permit for St.Croix Boat&Packet and Wharfage Permit for Gondola 18. Resolution 2018-008, resolution approving amendment to the contract with Wenck Construction for Construction Management for Phase III of City Hall project 19. Resolution 2018-009, resolution approving amendment to contract for design services related to Police Station and City Hall remodeling project 20. Resolution 2018-010, approving license to use real property- Hazardous Waste Day Collection & Electronics at Lily Lake - May 19, 2018 21. Resolution 2018-011,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 (available Tuesday) XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 22. HPC Case No. 2017-32. This is the date and time for a public hearing to consider an appeal request by Chuck Dougherty,property owner,for the reconsideration of the HPC's partial denial of a Design Permit Review for the property located at 101 Water Street South in the CBD district. PID 2803020410116. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 1, 2017. (Tabled from December 19, 2017 meeting) 23. CPC Case No. 2017-61. This is the date and time for a public hearing to will consider a request by WestRidge Development, LLC, property owner and Kevin von Riedel, applicant, for the consideration of a Preliminary Plat, Zoning Map Amendment and any Variances related thereto, for the property located at 12991 Boutwell Road in the AP District.PID 3003020110014.Notices were mailed to affected property owners and published in the Stillwater Gazette on December 1, 2017 (Resolution, 1st Reading of Ordinance - Roll Call) 24. CPC Case No. 2017-56. This is the date and time for a public hearing to consider a request by Randy and Judy Petrie, property owners and Todd A. Erickson applicant, for the consideration of a Preliminary Plat, Zoning Map Amendment and any Variances related thereto for Notthingham Village, a single family subdivision for the property located at 12220 Mckusick Road N in the AP district. PID 1903020240002. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 1, 2017 (Resolution, 1st Reading of Ordinance - Roll Call) 2 . CPC Case No. 2017-62. This is the date and time for a public hearing to consider a request by Brown's Creek West LLC, property owner, for the consideration of a CUP and Variances to build a new residential condominium at the property located at 107 Third St N in the CBD district. PID 2003020420059, 2003020420060, 2003020420061, 2003020420169. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 1, 2017 (Requested by applicant to be tabled to January 16, 2018 meeting) 26. CPC Case No. 2017-64. This is the date and time for a public hearing to consider a request by The City of Stillwater for the consideration of a Zoning Text Amendment to modify the Short Term Home Rental Ordinance (STHR). Notice was published in the Stillwater Gazette on December 22, 2017. (1St Reading of Ordinance - Roll Call) XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 27. Mills on Main appeal of Downtown Parking Commission denial of restricted parking on Mulberry Street 28. Designation of Vice Mayor (Resolution - Roll Call) 29. Council Representative Appointments to Boards and Commissions (Resolution - Roll Call) XV. PETITIONS, INDIVIDUALS, DELEGATIONS &COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT water 216 41h Street N, Stillwater, MN 55082 651-430-8800 The Birthplac3oP Minnesota www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES December 19, 2017 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:06 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 Assistant Finance Director Egger Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of December S. 2017 regular and recessed meeting Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the December 5, 2017 regular and recessed meeting minutes.All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS &COMMENDATIONS There were no petitions, individuals, delegations or commendations. OPEN FORUM There were no public comments. STAFF REPORTS Police Chief Gannaway thanked everyone who donated to Toys for Tots, which netted two and a half truckloads of toys. Public Works Director Sanders stated that Triangle Park stairs should be open now. City Administrator McCarty stated that City Hall would be closed the afternoon of December 22, December 25, the afternoon of December 29, and January 1. Library Director Mark Troendle stated the Library will be closed December 24, 25, 31, and January 1.The Library will host a multimedia exhibit in January and February titled"A Peace of My Mind"by author/artist John Noltner. City Council Meeting December 19, 2017 CONSENT AGENDA Resolution 2017-248, directing payment of bills Resolution 2017-249, approving the transfer of an On-sale and Sunday Liquor Licenses from D &D of Minnesota Inc., DBA: Famous Dave's,to the Fraternal Order of Eagles No. 94, DBA: Stillwater Eagles Resolution 2017-250, renewal for towing license for 2018 Resolution 2017-251, resolution granting license to Patricia Wolf for the operation of multi-person tour cycles on city streets and rescinding Resolution 2016-223 Resolution 2017-252, a resolution pre-approving Historian services related to demolition requests Possible approval to purchase of color copier for the third floor - MIS Possible approval to purchase mini-Mac and Air Watch Mobile Devise Management (MDM) Software - MIS Resolution 2017-253, a resolution to clarify the legal description and consenting to a re- platting of District#11 Possible approval to purchase access points for City Hall and the St. Croix Rec Center - MIS Possible approval of LMCIT Liability Coverage - Waiver form Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim,Junker, Weidner, Polehna, Mayor Kozlowski Nays: None PUBLIC HEARINGS Case No. 2017-32. A public hearing to consider an appeal request by Chuck Dougherty, property owner, for the reconsideration of the HPC's partial denial of a Design Permit Review for the property located at 101 Water Street South in the CBD district. Motion by Councilmember Polehna, seconded by Councilmember Junker, to table the public hearing at the request of the applicant, for Case No. 2017-32, an appeal request by Chuck Dougherty for the reconsideration of the HPC's partial denial of a Design Permit Review for the property located at 101 Water Street South in the CBD district to January 2, 2018. Ayes: Councilmembers Menikheim,Junker, Weidner, Polehna, Mayor Kozlowski Nays: None UNFINISHED BUSINESS Possible approval of second reading of Ordinance 1098. an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance, by amending the Zoning Map of the City to rezone certain property to the RB-Two Family Residential District (Case No. 2017-53). Community Development Director Turnblad stated the first reading was approved by a split vote. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt second reading of Ordinance 1098, an Ordinance amending the Stillwater City Code Chapter 31, Page 2 of 5 City Council Meeting December 19, 2017 entitled Zoning Ordinance, by amending the Zoning Map of the City to rezone certain property to the RB-Two Family Residential District (Case No. 2017-53). Ayes: Councilmembers Menikheim, Polehna, Mayor Kozlowski Nays: Councilmembers Junker and Weidner Possible approval of Special Event Policy City Administrator McCarty stated that staff updated language in the proposed Stillwater Event Policies and Event Application Procedures per the Council discussion on December S. He reviewed the proposed revisions and stated that staff will bring a resolution for possible approval at a future City Council meeting. Mr. McCarty added that staff has discussed with Council members about when alcohol is allowed at an event, and needs to work on the language before the policy is finalized. Mayor Kozlowski commented that sometimes events seem more open and other times more controlled in terms of alcohol consumption. City Administrator McCarty responded that per current policy, any event where alcohol is to be served must obtain a temporary liquor license, be in an enclosed environment, approved by law enforcement, must provide training for servers, serve only those of age, and must provide a plan for ingress and egress for public safety to review to make sure there is adequate access for crowds. Mayor Kozlowski observed that sometimes there is a double barricade and sometimes there is not. Police Chief Gannaway replied his department has always recommended a double barricade around a beer tent. They have allowed minors to enter, up to a certain time. If the event is purely for adults and the purpose of the tent is only to serve alcohol,they have tried not to have minors present. Councilmember Weidner stated he raised some questions with the Police Chief about the double fencing of a beer tent and the need for an officer to be present. He provided the example of the Holidazzle event he attended last weekend, which had a beer tent and a designated area where cider and mulled wine were served, but there was no fencing, no police officers at the doors, and there were no problems that he saw. He feels that Stillwater events,primarily Lumberjack Days,is a completely different event than it was 6-8 years ago. He would like to look at eliminating the barriers and allowing people to walk around the entire area as long as it is designated with signs that say no alcohol beyond this point. Councilmember Polehna added the example of the recent polka dance,where citizens were not let into the beer garden, because they had their children with them. Mayor Kozlowski acknowledged there have been a couple things that have happened in the history of Stillwater that have required the added emphasis on security, but he thinks the City should put that in the past and respect the intelligence of the community and staff. He agreed that public safety needs to be taken seriously, but would like to consider what the City can do to help the events and potentially make it easier for staff as well. He would like to look at how other communities regulate alcohol at events. Councilmember Menikheim acknowledged that the nature of events has changed over the last five or six years. He feels there should be an in-between point between full freedom and lockdown. Page 3 of 5 City Council Meeting December 19, 2017 City Administrator McCarty stated staff would complete more research into how other communities handle events. Councilmember Weidner asked that staff include the Holidazzle to see how they handle security. NEW BUSINESS Background and Budget for Phase III of City Hall Improvements Community Development Director Turnblad informed the Council that Phase 2 of City Hall remodeling is essentially complete and Phase 3 may now begin. He reviewed Phase 3 improvements and stated that the preliminary cost estimate will be somewhat less than the $890,000 budgeted. The design portion will occur between January and May 2018, with construction hopefully between September and December. Possible approval of 2018 Meeting Schedule and 1st meeting in January 2019 City Clerk Ward reviewed possible meeting date changes for the 2018 calendar. Motion by Councilmember Junker, seconded by Councilmember Weidner,to adopt Resolution 2017-254, adoption of 2018 City Council and Boards/Commissions meeting calendar. Ayes: Councilmembers Menikheim,Junker, Weidner, Polehna, Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS There were no communications or requests. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT TO CLOSED SESSION TO CONSIDER OFFERS FOR THE PURCHASE OF REAL ESTATE PURSUANT TO MN STAT. SEC. 13D.05 (121 CHESTNUT ST E) Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn the meeting to closed session at 7:50 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk Resolution 2017-248, directing payment of bills Resolution 2017-249, approving the transfer of an On-sale and Sunday Liquor Licenses from D &D of Minnesota Inc., DBA: Famous Dave's,to the Fraternal Order of Eagles No. 94, DBA: Stillwater Eagles Page 4 of 5 City Council Meeting December 19, 2017 Resolution 2017-250, renewal for towing license for 2018 Resolution 2017-251, resolution granting license to Patricia Wolf for the operation of multi-person tour cycles on city streets and rescinding Resolution 2016-223 Resolution 2017-252, a resolution pre-approving Historian services related to demolition requests Resolution 2017-253, a resolution to clarify the legal description and consenting to a re-platting of District#11 Resolution 2017-254, adoption of 2018 City Council and Boards/Commissions meeting calendar Ordinance 1098, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance, by amending the Zoning Map of the City to rezone certain property to the RB-Two Family Residential District (Case No. 2017-53) Page 5 of 5 RESOLUTION 2018-002 DESIGNATION OF DEPOSITORIES FOR 2018 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the following is hereby designated as an City depositories for the year 2018: Edward Jones Lake Elmo Bank MidWest One Minnesota 4-M Investment Fund Oppenheimer Raymond James U.S. Bank Wells Fargo Advisors Wells Fargo Securities Adopted by the City Council this 2nd day of January, 2018. Ted Kozlowski, Mayor Attest: Diane F.Ward, City Clerk RESOLUTION 2018-003 DESIGNATING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES IN ACCORDANCE WITH THE STATE OF MINNESOTA DATA PRACTICES STATUTE WHEREAS; Minnesota Statutes, Section 13.02, Subd. 16, as amended, requires that the City of Stillwater appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, with the City; and WHEREAS, the Stillwater City Council shares concern expressed by the Legislature on the responsible use of all City data and wishes to satisfy this concern; and WHEREAS, the City Council has appointed an administratively qualified Responsible Authority as required by the statute in the past; and WHEREAS, the Stillwater City Council wishes to update the appointment for 2018. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Stillwater appoints J. Thomas McCarty, City Administrator, as the Responsible Authority for the purposes of meeting all requirements of Minnesota Statutes, Chapter 13, as amended, and with rules as lawfully promulgated by the Commissioner of Administration as published in the State Register. BE IT FURTHER RESOLVED, as follows: 1. To ensure that all individual data is available to the Responsible Authority and Data Compliance Officer all personnel, background investigation (raw and summary data), training, disciplinary and medical files shall be retained in a secure location as deemed appropriate by the Responsible Authority (City Administrator) and Data Compliance Officer (City Clerk). 2. That the Responsible Authority shall require the requesting party to pay the actual cost of making, certifying and compiling copies and of preparing summary data. Adopted by the City Council of the City of Stillwater this 2nd day of January 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk d� To: Mayor and City Council From: Diane Ward, City Clerk Date: 12/28/2017 Re: Designation of Legal Publications for 2018 The City has received proposals from The Stillwater Gazette, Press Publications, and St. Paul Pioneer Press to provide legal publication services to the City as follows: • Gazette's rates are $4.75 per column inch for the first insertion, ($3.95 per inch for subsequent insertions of the same legal notice) • St. Paul Pioneer Press (Washington County section, Monday-Saturday) $6.00 per print line for liner ads ($5.50 per inch for subsequent insertions of the same legal notice); • Press Publications' rate is $8.22 per column inch The legal publications have been published in the Gazette for many years, and even though their frequency of legal publications have been reduced to Friday, the requirements for legal publications have been met. Occasionally there is a need to publish before the next deadline for the Gazette, so the Pioneer Press is an excellent resource for those situations. RECOMMENDATION: It is recommended that the City continue with the Stillwater Gazette for its legal publications, and also designate the St. Paul Pioneer Press as a secondary legal publication should the need arise. ACTION REQUIRED: If Council agrees with the recommendation, they should pass a motion adopting resolution entitled designating the Stillwater Gazette and Pioneer Press for legal publication, designating the St. Paul Pioneer Press as a secondary legal publication, and approving the 2018 Contract with the Stillwater Gazette and St. Paul Pioneer Press. RESOLUTION 2018-004 DESIGNATING THE STILLWATER GAZETTE AND ST. PAUL PIONEER PRESS AS THE CITY'S 2018 LEGAL PUBLICATIONS AND APPROVING CONTRACTS WITH THE STILLWATER GAZETTE AND ST. PAUL PIONEER PRESS FOR 2018 WHEREAS, the City is required to designate a legal newspaper every year; and NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council as follows: 1. The Stillwater Gazette is hereby designated as the City's official publication for all legal notices; 2. The St. Paul Pioneer Press is hereby designated as the City's secondary official publication for legal notices that are not able to be published in the Stillwater Gazette, should the need arise as determined by the City Clerk; and 3. That the contracts for the Stillwater Gazette and St. Paul Pioneer Press are is hereby approved and authorizes the Mayor and City Clerk to sign the contracts on behalf of the City. Adopted by the Stillwater City Council this 2nd day of January, 2018. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk AGREEMENT FOR OFFICIAL NEWSPAPER- CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2018 THIS AGREEMENT, made and entered into this 2nd day of January 2018, by and between THE STILLWATER GAZETTE, hereinafter called the "Contractor", and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the "City". WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 4. The Contractor agrees that The Stillwater Gazette is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, §331A.01, having general circulation in the City of Stillwater. S. That for and during the calendar year ending December 31, 2018, the Contractor will publish all legal notices in The Stillwater Gazette. 6. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 7. That all of the publications shall generally conform with established standards of quality previously provided the City. 8. In accordance with the Specifications for City of Stillwater publications for 2017 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost per column inch for official City publications shall be: First insertion: $4.75 per column inch Second, and each subsequent insertion: $3.95 per column inch IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: THE STILLWATER GAZETTE In presence of: CITY OF STILLWATER Diane F.Ward, City Clerk Ted Kozlowski, Mayor AGREEMENT FOR THE ST. PAUL PIONEER PRESS OFFICIAL SECONDARY NEWSPAPER- CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2018 THIS AGREEMENT, made and entered into this 2nd day of January 2018, by and between THE ST. PAUL PIONEER PRESS, hereinafter called the "Contractor", and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the "City". WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that the St. Paul Pioneer Press is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, §331A.01, having general circulation in the City of Stillwater. 2. That for and during the calendar year ending December 31, 2018, the Contractor will publish legal notices in the St. Paul Pioneer Press that are not able to be published in the Stillwater Gazette, as determined by the City Clerk. 3. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4. That all of the publications shall generally conform with established standards of quality previously provided the City. S. In accordance with the Specifications for City of Stillwater publications for 2016 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost for official City publications shall be as follows: • $6.00 per column inch for a one-time publication; ($5.50 per inch for subsequent insertions of the same legal notice); IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: THE PIONEER PRESS In presence of: CITY OF STILLWATER Diane F.Ward, City Clerk Ted Kozlowski, Mayor b t �A C, Mtn in I 's trati r Date: December 26, 2017 TO: Mayor and Council FROM: Diane Ward, City Clerk Subject: Tobacco Name Change Holiday Stationstores A revised application for Tobacco License Corporation name change from Holiday Stationstores, Inc. to Holiday Stationstores, LLC has been received. The DBA Name will remain Holiday Stationstore #412 will remain the same. Name changes, Licensee Name (Corp. LLC etc.) or DBA/Trade Name Changes, require updated applications and changes to the establishment's license(s) at the City and information provided to the Minnesota Department of Revenue. ACTION REQUIRED: If approved, Council should adopt a resolution entitled APPROVING LICENSEE NAME CHANGE OF HOLIDAY STATIONSTORES, INC. TO HOLIDAY STATIONSTORES, LLC. RESOLUTION 2018-005 APPROVING LICENSEE NAME CHANGE OF HOLIDAY STATIONSTORES, INC. TO HOLIDAY STATIONSTORES, LLC WHEREAS, a request has been received from Holiday Stationstores, Inc. for a Licensee Name Change to Holiday Stationstores, LLC; and WHEREAS, all required forms have been submitted. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the Licensee name change to Holiday Stationstores, LLC; and Adopted by Council this 2nd day of January, 2018. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk b t �A C, Mtn in is trati orl To: Mayor and City Council From: Diane Ward, City Clerk Date: 12/26/2017 Subject: Library Board Reappointments Mr. Menikheim's and Mr. Keliher's term on the Library Board of Trustees expires December 31 and they have expressed their willingness to continue for another three-year term. Ms. Stark's 3rd term is completed (Minnesota Statutes limits terms to 3 terms). Mr. Craig Hansen resigned with an unexpired term of December 31, 2019. Staff published the openings in the Gazette, and the deadline for receiving applications has passed. There were no other applications and, at their regular meeting, the Library Board of Trustees approved the recommendation as follows: Doug Menikheim (reappointed 2nd term) Mike Keliher (reappointed 3rd term) Patricia Lockyear Lisa Howe The Library Board did not designate who would fill the unexpired term of Mr. Hansen; therefore, they will have to make that determination at their next Board meeting on January 9. Council appointment would allow the seating of those members at the January 9 meeting. RECOMMENDATION: It is recommended that Doug Menikheim and Mike Keliher be reappointed with their terms ending December 31, 2020 and that Patricia Lockyear and Lisa Howe be appointed with the determination of when their terms expires to occur by the Library Board at their January 9 meeting. ACTION REQUIRED: If Council agrees with the Board of Trustees Council should pass a motion adopting a resolution entitled "Appointments to the Library Board. RESOLUTION 2018-006 APPOINTMENTS TO LIBRARY BOARD OF TRUSTEES NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby reappointed the following at their December 19, 2017 regular City Council meeting: Doug Menikheim (reappointed 2nd term) Term Expires - December 31, 2020 Mike Keliher (reappointed 3rd term) Term Expires - December 31, 2020 Patricia Lockyear (1St term) Term Expires - TBD by Library Board on January 9, 2018 Lisa Howe (unexpired term of Craig Hansen) Term Expires - TBD by Library Board on January 9, 2018 Adopted by Council this 2nd day of January, 2018. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk 111watet f ,:..... hs bk n O F M , tlP�4 f '401 4 DATE: December 26, 2017 TO: Mayor &Council Members APPLICANT: St. Croix Boat& Packet REQUEST: Annual review of St Croix Boat& Packet dock permit PREPARED BY: Erik Olson-Williams, Zoning Administrator/Assistant Planner BACKGROUND Two conditions attached to the St. Croix Boat&Packet Company's special use permit(SUP) are that the company must: 1)receive a dock permit from the City annually; and 2)allow the "Gondola on the St. Croix"to use the transient portion of the company's dock for wharfage. The St Croix Boat&Packet Company keeps six excursion boats at their two privately owned docks. Five of them are kept at the dock which is accessed over property that they own. The sixth excursion boat is kept at the dock that is accessed over property leased from the City. All six excursion boats are permitted in this configuration by the 2015 DNR permit. The facilities and geographic details can be seen on the attached exhibit. In addition,according to a lease agreement with St. Croix Boat&Packet as well as the dock permit issued by the DNR in 2015,the City offers 18 transient slips from the facility. St. Croix Boat&Packet Passenger_ Trips The total number of passengers in 2017 was 108,757. This was a 30.9%drop from the high water mark in 2016 of 157,413. This 2016 spike is directly attributable to the number of MnDOT boat tours of the bridge construction. This year there were not many of those tours. Still, 108,757 passengers compares well to past years: 2012 had 89,386 passengers; 2013 had 87,693; 2014 had 98,381 and 2015 had 114,987. St. Croix Boat and Packet Co. Charters Excursions Totals Boats Trips Passengers Trips Passengers Trips Passengers Jubilee II 77 5,376 12 950 89 6,326 Majestic Star 83 14,043 7 1,422 90 15,465 Anastasia 99 3,909 1 50 100 3,959 Andiamo Showboat 135 9,530 25 2,137 160 11,667 Empress Andiamo 57 6,390 177 12,893 234 19,283 Avalon 45 11,283 153 40,774 198 52,057 Total 496 50,531 375 58,226 871 108,757 The 2018 dock permit rate is proposed to remain the same as in 2017 at$1,700.00 for each excursion boat. For all six boats the total cost would be $10,200. STAFF RECOMMENDATION Staff recommends City Council approval of the 2018 dock permit. 190 �.7�1�� leased ' sed key City for transient dockage 9 -f \, , t 61 Taupe Of Contents � q 0 PARCELS r✓ RI dock (l❑o City property �-A 1-7 H 9 SCB&P property .� o a RESOLUTION 2018-007 APPROVAL OF DOCK PERMIT FOR ST. CROIX BOAT AND PACKET CO.AND WHARFAGE PERMIT FOR GONDOLA (2018) BE IT RESOLVED by the City Council of Stillwater, MN that the Dock Permit for St. Croix Boat and Packet and wharfage permit for the Gondola, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the permit. Adopted by the Stillwater City Council this 2nd day of January 2018. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk 2018 DOCK PERMIT Pursuant to Chapter 48.6 of the Stillwater City Code, the Stillwater City Council("City") hereby grants to the St. Croix Boat and Packet Company ("Company") a Dock Permit upon the following terms and conditions: 1. LOCATION. The Dock may be maintained in the St. Croix River south of East Nelson Street. 2. OTHER RULES. The company must abide by the rules and regulations and permit conditions of the Corps of Engineers of the United States Army and the Minnesota Department of Natural Resources. Any charter or excursion vessels carrying passengers for hire and using docks must abide by applicable U.S. Coast Guard regulations. 3. NO GAS PUMPS. No gas pump may be located on the dock. 4. NO DISCRIMINATION. The Company may not discriminate against any person on the basis of race, creed, national origin, sex or social status. 5. WATER FRONT REGULATIONS. The Company must abide by all rules and regulations and restrictions set forth in Chapter 48.6 of the Stillwater City Code relative to the waterfront. 6. SPECIAL USE PERMIT. The Company must abide by the conditions as set forth in the Special Use Permit (SUP/88-00) issued to Company by the Stillwater City Council, dated July 18, 2000. 7. SCHEDULE OF FEES AND REPORT OF ACTIVITY. Upon request of the City, the Company must submit a schedule of fees charged for the transient boat docking and a report summarizing the boating activity for the year. The activity report must state the number of boating trips made each week and the number of passengers carried during the week. 8. INSURANCE The Company must provide to the City proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims arising out of a single occurrence, covering claims arising out of the activates authorized by this permit, and to name the City as an additional insured on this policy "as their interest may appear". 9. PUMP OUT PRIVILEGES. The Company must provide pump-out privileges for marine heads for any boater requesting this privilege at the same rate and fee charged to boats that are moored at the dock for a fee. 10. INSPECTIONS. The City reserves the right to request inspections of heads, electrical systems or other unsafe conditions on or about the dock or any vessel moored thereto. 11. USAGE. The moorage at the dock facilities is limited to six charter/excursion boats and one service boat not exceeding 26 feet in length. The Company must accommodate a reasonable number of public "walk on" passengers and Company must also accommodate a reasonable number of transient boats. In no event may the number of boats or vessels exceed the moorage limitation contained in the permits issued by the U.S. Army Corp of Engineers and the Minnesota Department of Natural Resources. 12. PERMIT FEE. The annual permit fee is$1,700.00 for each of the six charter/excursion boats that may be docked at this site. The total permit fee for 2018 shall be$10,200.00. 13. TRANSIENT BOATS Transient boats are defined as vessels that use the dock as a stopover privilege on a trip that does not originate from the dock. "Bareboat" charter vessels are considered transient boats if the origination of the trip, including loading of passengers, takes place elsewhere. 14. PARKING. The City reserves the right to request the Company's assistance in assuring that patrons and guests of the Company will park in a designated municipal parking lot. 15. FIRES. No person may build a fire in any area of the docking premises or in any vessel moored at the dock. 16. OBSTRUCTIONS. The City does not by granting this permit accept any responsibility for dredging the dock area or making the dock area free from obstructions or other hazards to navigation. 17. STORAGE. The City is not responsible for storage of the docks during the off-season and the Company must abide by any decision of the City with regard to storage. 18. RESERVATION OF RIGHTS. The City reserves the right to add or amend these rules when needed to protect the health, safety and welfare of the City. 19. DURATION. The duration of this permit is from January 1, 2018 through December 31,2018. 20. TERMINATION. This permit may be terminated by the City at any time it is deemed necessary for the protection of the public safety,health or welfare or for a violation of any conditions of this permit. Dated this 2nd day of January 2018 CITY OF STILLWATER By: Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk RESOLUTION 2018-008 RESOLUTION APPROVING AMENDMENT TO THE CONTRACT WITH WENCK CONSTRUCTION FOR CONSTRUCTION MANAGEMENT SERVICES BE IT RESOLVED,by the City Council of Stillwater, MN that the contract between Wenck Construction, Inc. and the City of Stillwater, AIA Document C132-2009 dated March 8, 2016 (on file with the City Clerk), is hereby amended by approving Amendment#3 dated January 2, 2018. BE IT FURTHER RESOLVED,that the Stillwater City Council authorizes the Mayor and City Clerk to sign the contract. Adopted by the Stillwater City Council this 2nd day of January 2018. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk WENCK C Responsive partner. Exceptional outcomes. CITY OF STILLWATER 2164 th Street North Stillwater, MN 55082 AMENDMENT NO. 3 THIS AMENDMENT NO. 3 is made by and between the CITY OF STILLWATER, 216 4t" Street North, Stillwater, MN 55082 and WENCK CONSTRUCTION, INC. 7500 Olson Memorial Highway, Suite 300, Golden Valley, MN 55427. WHEREAS, the CITY OF STILLWATER and WENCK CONSTRUCTION, INC. have entered into a contract dated March 8, 2016 to provide Construction Management Services in connection with the Police Station Expansion project and adjoining City Hall. WHEREAS, the CITY OF STILLWATER has approved additional construction scope and budget for the Police Station Expansion, consisting of improvements to the adjoining City Hall facility (Phase-3). NOW THEREFORE, it is mutually agreed to amend the original contract as follows: 1. By virtue of this Contract Amendment No. 3, Wenck Construction, Inc.'s Preconstruction fee for services associated with Phase-3 improvements shall be an estimated $18,150. This Preconstruction fee will be based on 2.75% of construction costs, based on a construction cost of $660,000 or more. Preconstruction phase services and compensation shall be paid in equal monthly installments commencing in January, 2018 and completing in June, 2018 or earlier. Preconstruction compensation will be adjusted upon project completion to reflect 2.75% of actual construction costs. 2. Wenck Construction, Inc.'s Construction Management fee for services associated with Phase-3 improvements shall be an estimated $42,900. This Construction Management fee will be based on 6.50% of construction costs, based on a construction cost of $660,000 or more. Construction phase compensation shall be paid in equal monthly installments commencing in the month following the bid-opening, and completing in the final month of construction, provided the project is completed prior to 2019. The Construction Management fee will be adjusted upon project completion to reflect 6.5% of actual construction costs. Wenck Construction,Inc. 1 7500 Olson Memorial Highway I Suite 300 I Golden Valley,MN 55427 FoVV Free 800-472-2232 Main 763-252-6800 DnaiV wenck@wenck.com Web wenck.com City of Stillwater mulllllm. Phase-3 Contract Amendment WENCK Wenck Construction, Inc. October 30, 2017 Responsive partner. Exceptional outcomes. 3. The maximum reimbursable expenses compensation for Phase-3 improvements shall be $85,740 assuming no more than a 4-month construction period to be completed in 2018. Reimbursable on-site expense items shall remain the same as in the original contract, with 2018 rates as follows: Project Superintendent: $100/hour Field Office Trailer: $1,165/month Superintendent Vehicle, Travel, & Tools: $1,270/month 4. All other terms and conditions of the original contract shall remain unchanged. 5. Wenck's proposal is based on the schedule below. Minor deviations in the proposed schedule shall not affect the proposed fees. Reimbursable costs may be impacted by changes to the overall construction duration. 2018 2019 DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN CITY CONTRACT&BUDGT APPROVAL DESIGN PHASE COST ESTIMATES CITY COUNCIL APPROVALS SUBMIT TO MN DLI-CCLD BID/AWARD CONTRACTS SUBMITTALS&PROCUREMENT CONSTRUCTION-RENOVATIONS OWNER MOVE IN City of Stillwater Wenck Construction, Inc. Ted Kozlowski Andy Hoffmann Mayor Vice President Date January 2, 2018 Date _ RESOLUTION 2018-009 RESOLUTION APPROVING AMENDMENT TO CONTRACT FOR DESIGN SERVICES RELATED TO POLICE STATION AND CITY HALL REMODELLING PROJECT WHEREAS, on March 8, 2016 the City Council of the City of Stillwater approved the selection of Wold Architects and Engineers, to provide design services for the Police Station and City Hall remodeling project; and WHEREAS, the City Council of the City of Stillwater approved a contract dated March 22, 2016 with Wold Architects and Engineers for the design services. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby amends the above referenced contract according to the terms of the letter from Wold Architects and Engineers dated December 8, 2017. Adopted by the Stillwater City Council this 2nd day of January, 2018. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk December 8,2017 Sill Turnblad ell Community Development Director City of Stillwater 216 North Fourth Street Stillwater,Minnesota 55082 Re: City of Stillwater City Hall/Police Phase II Design Services Commission No.9999 Dear Bill: We are pleased to provide a proposal for professional architectural and engineering consulting services required for next phase of remodeling and improvements to the City Hall and Police Station at 216 North Fourth Street in Stillwater,Minnesota. This letter shall serve to define the parameters for an amendment to our existing contract for professional architectural and engineering services required for the scope to include the following components: • Third floor City Hall reception area remodel. • Second floor City Hall restroom reconfiguration for public access. • Install wider counter at 2nd floor reception desk. • Install hearing loop in City Council chambers. • Install City Council dais protection. • Install high density storage units in new records room. • Repair and repaint of stippled PD garage ceiling. • Replace doors and frames on south side of PD garage. • "Hardening" of all PD ground floor windows. • Replace PD access interior doors from garage. • Install wall sconces on exterior PD entrance (blue lights). • Replace boiler room door. • Replace exterior door to old break room. • Install interior blinds for PD offices. As with our previous projects that we have performed for you,Wold typically proposes establishing a fixed fee at the onset of each project.We provide a comprehensive package of professional design and engineering services for you and manage our time internally to always meet your expectations.All required engineering and consultant services are provided in our fee. We believe that by establishing a fixed fee for each project,based on an agreed upon construction cost and scope,this eliminates the potentially negative dialog that often happens regarding extra services.Our commitment to you is to agree on a fixed fee and not request additional fees unless the scope of the project changes significantly. Our complete services are proposed to build upon the previous planning efforts we have performed and include the phases of Schematic Design,Design Development, Construction Documents, Bidding, and Construction Administration. Wola d Architects and Engineers VIIIA N N [Z,S 532 Minnesota.Street, Suite W20004""m 4„",, Saint Patel,MN 551.01 III' �III � III wuoldae.corn 1 651 227 7773 N Gi III I°'Z S Letter to Sill Turnblad Page 2 ell Ism. For these complete and comprehensive services on remodeling construction projects like this,we consistently propose fixed fees based upon 7.5%of either your approved construction cost.This results in the following calculations for each project: City Council Approved Project Cost $ 890,000 Estimated Construction Cost (74%of Project Cost) $ 660,000 Remodeling Fixed Fee Rate x 7.5% Proposed Professional Services Fixed Fee $ 49,500 Estimated Maximum Reimbursable Expenses $ 3,000 Total Contract Maximum $ 52,500 We thank you for the opportunity to submit this proposal and look forward to continue working with you. Sincerely, Wold Architects and Engineers k 0 Joel Dunning I AIA,L D AP Partner cc: Maria Kennedy,Wold Matt Mooney,Wold MF/9999/0_Stillwater/crsp/dec17 RESOLUTION 2018-010 APPROVING LICENSE TO USE REAL PROPERTY BE IT RESOLVED, by the City Council of Stillwater, MN that License to Use Real Property between Washington County and the City of Stillwater for the use of for the Hazardous Waste Day Collection & Electronics to be held on Saturday, May 19, 2017 is hereby approved and authorizes the Mayor and Acting City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 2nd day of January, 2018. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Det LICENSE TO USE REAL PROPERTY 1�i�JR . Ter This Agreement is entered into by and between The City of Stillwater,Minnesota(Licensor), and the County of Washington, Minnesota(Licensee). WHEREAS,Washington County wishes to hold a household hazardous collection events in the City of Stillwater; and WHEREAS the City of Stillwater agrees to make the Lilly Lake Park available for such events; and WHEREAS, the collection of household hazardous waste provides a public benefit to the residents of Stillwater and the surrounding areas. NOW, THEREFORE, IT BE HEREBY MUTUALLY AGREED AS FOLLOWS: I GRANT OF LICENSE The City of Stillwater hereby grants Washington County a temporary nonexclusive license for the following dates: All day on Saturday May 19, 2018 For the following location: Lilly Lake Park 1208 Greeley St S Stillwater, MN 55082 II LIMITATION TO DESCRIBED PURPOSE The licensed premises may only be used by Licensee for the purpose of collecting household hazardous waste, waste consumer electronics, and for attendant purposes related thereto. III PAYMENT Licensee shall pay to the City of Stillwater $300 for each day of the license, and payment shall be made 30 days after each day of the license and will be sent to: City of Stillwater City Hall, 216 4th St N Stillwater, MN 55082 IV INDEMNIFICATION AND INSURANCE The Licensee agrees to indemnify, defend, and hold harmless Licensor for any and all claims arising out of the Licensees negligent or willful acts or omissions occurring on or at the licensed premises except such damage expenses, demands and claims caused by the negligent or willful acts of the Licensor,its employees,or agent and other third parties. The Licensee's obligation to indemnify the Licensor under this clause shall be limited to the statutory tort liability limitation set forth in Minn. Stat. 466.04, including Licensor's claim for indemnification. Licensee agrees that in order to protect itself as well as the Licensor from claims arising out of providing services and the use of the space and furniture under this agreement,it will at all times during the term of this agreement keep in force policies of insurance providing: General liability limits of $500,000 per claimant and $1,500,000 per occurrence. Certificates of Insurance evidencing the insurance required under this clause must be provided to the Licensor before the effective date of this agreement.The licensee shall also have workers compensation Insurance in statutory amounts. V NONDISCRIMINATION During the performance of this agreement,the Licensee agrees to the following:No person shall, on the grounds of race,color,religion,age,sex,disability,marital status,public assistance status, criminal record, creed to national origin be excluded from full participation in or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. VI RECORDS AVAILABILITY AND RETENTION Pursuant to Minnesota Statute 16C.05, Subd. 5,the Licensee agrees that the Licensor,the State Auditor,or any of their duly authorized representatives at any time during normal business hours and as often as they my reasonably deem necessary,shall have access to and the right to examine, audit,excerpt,and transcribe any books,documents,papers,records,etc.,which are pertinent to the accounting practices and procedures of the Licensee and involve transactions relating to this agreement. The Licensee agrees to maintain and make available these records for a period of six years from the date of termination of this agreement. VII FIREARMS PROHIBITED Unless specifically required by the terms of this contract or the person it is subject to an exception provided by 18 USC§ 926B or 926BC (LEOSA) no provider of services pursuant to this contract or subcontractors shall carry or possess a firearm on county premises or while acting on behalf of Washington County pursuant to the terms of this agreement. Violation of this provision is grounds for immediate suspension or termination of this contract. VIII SCOPE OF USE County has sole use of area and is responsible for security and traffic flow. Use of site involves large traffic volumes and the County shall not be liable for damage to parking lot or driveways under normal high volume use. County will erect at tent or tents if needed to facilitate our collection. This includes breaching small holes in the bituminous surface of the parking lot to facilitate driving of stakes and securing guyline to the tent. Holes will be repaired by tent purveyor. IN WITNESS WHEREOF,the parties have executed this Agreement on the dates indicated below. STILLWATER WASHINGTON COUNTY BY: BY: Chair, Washington County Board of Commissioners TITLE: DATE: DATE: BY: Molly O'Rourke County Administrator DATE: BY: Lowell R. Johnson, Director Department of Public Health and Environment DATE: APPROVE AS TO FORM BY: Assistant Washi4fgton County Attorney DATE: /tzz/,/7 m Nb 1 rG T 4 P; Ak 1� p' 0 I M 1 AA Ni 0 I /4,.,, CITY COUNCIL MEETING DATE: January 2, 2017 HPC CASE NO.: 2017-32 REGARDING: Consideration of an Appeal to the Heritage Preservation Commission decision from Chuck Dougherty for a Design Permit with certain rooftop design elements associated with an expansion of the Water Street Inn expansion located at 101 Water Street South PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND In December 2013, the HPC was asked to review conceptual designs for an addition to the Water Street Inn. The designs included certain rooftop improvements including, but not limited to, a clock tower and ornamental ironwork designed to be symbolic of the former Union Depot tower located on this site until it was demolished in 1960. As no formal application was submitted to the HPC, no action was required. The record does not reflect the HPC's favorability of the tower elements. Chairman Larson and Commissioners Goodman and Krakowski were present in that meeting; Council liaison Menikheim as well as Commissioner Welty, the only other current HPC member on the Commission at that time, was absent. In February, 2014, representatives of the property owner applied for a Special Use Permit, SUP, and associated variances for the Water Street Inn addition of 20 hotel units and outside dining area. The Planning Commission unanimously recommended approval to the City Council. The City Council unanimously approved the SUP and all variances, including: ■ A 6'4" variance to the maximum CBD (Parkside) Height Overlay District: regulation for a clock tower (50'8" above main floor); and ■ A 25'10" variance to the maximum CBD (Parkside) Height Overlay regulation for the installation of a steel tower frame (70' 2" above main floor); and ■ A 3710" variance to the maximum CBD (Parkside) Height Overlay regulation for the installation of a tower mast (81'10" above main floor). In April and July of this year,the property owner applied for Tax Increment Financing (TIF) and variances associated with certain rooftop improvements to install a kitchen, I]PC Cosc No, 2017 32 bar and other improvements on the rooftop. Both of these applications were approved by the City Council, though the variance approvals were in the form of approval of an appeal to the Planning Commission's denial. In October, 2017, the Heritage Preservation Commission received a Site Alteration/Design Permit application for the Water Street Inn addition and rooftop improvements, including the clock tower and ornamental ironwork tower frame and mast. At the October meeting the HPC tabled consideration, requesting alternative stylistic, scale and optional designs for the ornamental ironwork tower and mast. In their November meeting, the HPC saw alternative design renderings showing thicker ironwork for that area above the clock tower. However, in a 6-0 vote, the HPC denied the framework above the clock tower. The denial was on the basis that the contemporary design of the addition to the existing property is not compatible with the size and scale of the Water Street Inn nor the Stillwater Commercial Historic District. Chuck Dougherty has filed a letter of appeal, requesting the Council's reconsideration of the Heritage Preservation Commission's vote to deny the ironwork on top of the clock tower. SPECIFIC COUNCIL REQUEST City Code Section 31-217 indicates "all appeal hearings will be de novo"which requires reconsideration of the original request. The specific request is for the Council's reconsideration of HPC Case No. 2017-32. A complete analysis of City regulations pertaining to the requested variance is included in the attached original planning report. However, the only contradictory approval element was the condition that "all tower and mast elements must be removed from above the clock tower line". In addition to the original HPC staff report, its attachments and the meeting minutes, staff has attached the letter of appeal as well as City Code Sections 31-215, Site Alteration Permit, and 31-209, Design Permit. While the latter information was not included as a part of the original planning packet submission, this is information HPC member receive as a part of new Commissioner training, having digital and hardcopy access to consult in the review of use applications. The Council can refer to these materials for a more complete understanding of the nature of the request. COUNCIL ACTION After conducting the public hearing, the City Council should conceptually approve or deny the appeal. Depending upon your decision, staff will then either prepare Findings of Fact for Denial or a Resolution of Approval for the January 16, 2018, Council Meeting. I]PC Cosc No, 2017 32 ATTACHMENTS Dougherty Appeal Letter City Code Section 31-215, Site Alteration Permit City Code Section 31-209, Design Permit November 15, 2017 HPC meeting minutes, report and updated materials October 18, 2017 HPC meeting minutes, report and attachments December 2, 2013 HPC meeting minutes, report and attachments ! ,�"� iii%�//rf/%���,.rNJ�la 1 �,�( 4i'��wi1����Yr1J Y)%•' i A"iT[ S"'TRE'r, INN Date: November 20, 2017 - To, Bill Turnblad_- From:Chuck Dougherty Red Appeal of Heritage Preservation Commission Decision Mr Tublad, I'm filing this appeal of the Heritage Preservation Commission's decision on Case No. 2017-32. We are appealing the Commission's vote to deny the structure on top of the tower section above the clocks. Enclosed is the 50 payment for the appeal. Please let me know when this will be on the Councils agenda. We are also preparing other information to include in the Council packet about this issue. Sincerely, ., X Ale, Chuck Dougherty President, St. Croix Preservation Co Inc. cc: Roger Tomten 101 SOUTH WATER STREET • STILLWATER, MN 55082 • 651.439.6000 • www.waterstreetinn.us , , /'i // ,/ � ria, // j�Jw , aM/��i/'ii Y - IIAM / %t/NrGw I 11wa ter planning Departmer l Sec. 31-215. Site alteration permit. Site alteration permits shall require the following: (a) Purpose. The purpose of the site alteration permit is to preserve, protect and perpetuate places, buildings, structures and other objects having locally recognized special historic significance, community or aesthetic interest. (b) Approval or denial; application; required. The heritage preservation commission must approve or deny the issuance of a site alteration permit. The application must be accompanied by detailed plans, including a site plan, building elevations and design details and materials as necessary to evaluate the request. Other city permits are required. A site alteration permit is required for the following: (1) Remodel, alter or repair in any manner, including paint color that will change the exterior appearance of a historic building or site. (2) New construction. (3) Signs. The design review committee shall make a final decision on the granting or denial of a sign permit after seeking the recommendation of the community development director. The sign application of any party aggrieved by the decision of the committee has a right to appeal the decision to the city council, which shall sit as a board of adjustment and review. (4) Moving a building. (c) Demolition in whole or in a part. This does not apply to structures required to be demolished in accordance with Minn. Stat. Ch. 463. (d) City activity. The commission must review and make recommendations to the city council concerning city activity that could change the nature or appearance of a heritage preservation site. (e) Preservation program. All decisions of the commission must be in accordance with the approved program for the rehabilitation of each heritage preservation site. The following guidelines must be used to evaluate applications for site alteration permits: (1) Every reasonable effort must be made to use a property for its originally intended purpose. (2) The distinguishing original qualities or character of a building, structure or site and its environment must not be destroyed. The removal or alteration of any historical material or distinctive architectural features must be avoided when possible. (3) All buildings, structures and sites must be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance are discouraged. (4) Changes which may have taken place in the course of time may have acquired significance in their own right and this significance shall be recognized and respected. (5) Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure or site must be treated with sensitivity. (6) Deteriorated architectural features must be repaired rather than replaced, when possible. If replacement is necessary, the new material should match the http://library.municode.com/print.aspx?h=&clientiD=13056&HTMRequest=http%3 a%2f... 3/12/2014 material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. (7) The surface cleaning of structures must be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building material may not be undertaken. (8) Contemporary design for alterations and additions to existing properties is not discouraged when the alterations and additions do not destroy significant historical, architectural or cultural material and the design is compatible with the size, scale, color, material and character of the property. (9) Whenever possible, new additions or alterations to structures must be done in a manner that if removed in the future, the essential form and integrity of the original structure would be unimpaired. (f) Findings. Before approving any permit application required under this Section 31-215, the commission must make the findings based on the program for preservation and architectural control for the heritage preservation site with regard to the following: (1) In the case of a proposed alteration or addition to an existing building, the alteration or addition will not materially impair the architectural or historic value of the building and considering the existing structures and existing exterior appearance, building, height, building width, depth, roof style, type of building materials, ornamentation and paving setback. (2) In the case of the proposed demolition of a building, the architectural and historic merit of a building, the effect on surrounding buildings, the effect of any new proposed construction on the remainder of the building (in case of partial demolition) and on surrounding buildings, the economic value or usefulness of building as it now exists or if altered or modified in comparison with the value of usefulness of any proposed structures designated to replace the present building. (3) In the case of a new building, the building will not impair the architectural or historic value of the site. http://library.municode.com/print.aspx?h=&clientiD=13056&HTMRequest=http%3a%2f... 3/12/2014 Vlu� 9uxrk?aJ tf �N�lirw� n'Y,�� Sec. 31-209. - Design permit. Design permits shall require the following: (a) Purpose. The intent of the design review procedure is to secure the general purposes of the comprehensive plan, West Stillwater Business Park Plan and downtown plan, to maintain the character and integrity of neighborhoods and commercial districts by promoting excellence of design and development, preventing traffic hazards, providing adequate services and encouraging development in harmony with its neighborhood or planning area. (b) Establishment of committee. The design review committee, as set forth in this chapter, is the heritage preservation commission as it is set forth and established pursuant to Section 22-7. (c) Required when. A design review permit is required for the following: (1) For site alteration permits issued by the heritage preservation commission, Section 22-7, subd. 6. (2) Type of projects and uses with the downtown plan district and the west business park plan district: i. New commercial structures. ii. New industrial structures. iii. New multiple dwellings and dwelling groups containing three or more dwelling units. iv. Duplexes or two or more detached dwellings on one lot. v. Structures intended for office use. vi. Commercial or industrial uses of land not involving a building including outside storage, loading or utility areas. vii. Accessory structures and uses. viii. Any structure or use for which a variance, special or conditional use permit is required. ix. Any exterior remodeling or site alterations with a value of $5,000.00 or more to any existing commercial, office or industrial building or structure. The $5,000.00 value is to be adjusted annually according to the United States Department of Commerce's composite construction index with a base year of 1989. X. Any exterior remodeling that could clearly alter the architectural integrity of that structure, residential or commercial. A. All signs requiring a sign permit in the Downtown design review district. xii. All new signs proposed in conjunction with a new structure or development in the West Stillwater Business Park design review district. xiii. All new multi-tenant sign plans in the West Stillwater Business Park design review district. xiv. Any projects where the applicant is a public agency over which the city exercises land use controls. xv. Projects in the St. Croix River overlay district including, but not limited to, building, roads, bridges, docks, shoreline riprap and boat storage areas. xvi. Any project which requires design review as a result of a specific city action or as a result of a condition of approval. xvii. Parking lots of five or more spaces. �d xviii. Modification to any use or structure originally requiring design review. xix. Any PUD or subdivision. (d) Application. Application for a design review permit must be filed with the community development director on the prescribed form and include the following: (1) Preliminary site development plan including: i. Parking and circulation areas. ii. Location of buildings. iii. Location and description of site. iv. Orientation of windows and doors. v. Entrances and exits. vi. Open spaces. vii. Pedestrian circulation. viii. Adjacent buildings. ix. Drainage plan. x. Lighting plan. A. Sign plan. (2) Preliminary architectural drawings including: i. Building elevations. ii. Preliminary floor plan. iii. Picture or drawing showing adjacent buildings as appropriate. iv. Screening details. (3) Landscape plan: i. Plants and lawn areas. ii. Fences, walls, surface textures and screening materials. (e) Review of the application by the design review committee. The design review committee must review all applications. The community development director must arrange with the applicant a time and place of meeting between the applicant and the design review committee. The design review committee must make a final decision on the granting or denial of a design permit after seeking the recommendation of the community development director. The design permit applicant or any party aggrieved by the decision of the committee has a right to appeal the decision to the city council. (f) Standards for review of application. The standards of the design review are as follows: (1) Site layout: The orientation and location of buildings and open spaces in relation to the physical characteristics of the site, the character of the neighborhood and the appearance and harmony of the buildings with adjacent development. (2) Architectural character: i. The suitability of the building for the intended purpose. ii. The consistency of the applications design with approved design guidelines. iii. The compatibility of the character of the design with adjacent deve lopri�y� (3) Landscaping: i. The location, height and material of walls, fences, hedges, trees and screen plantings to ensure harmony with adjacent development or to conceal areas, utility installations or other unsightly development. ii. The planting of ground cover or other landscape surfacing to prevent dust and erosion. iii. The preservation of healthy mature trees. iv. Usable open space in terms of quantity and quality of landscaping. (4) Outdoor advertising: The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and the appearance and harmony with adjacent development. (5) Traffic circulation, safety and congestion. (6) Drainage: i. The effect of the site development plans on the adequacy of the storm and surface water drainage to both the site and adjacent property. ii. Connection with existing drainage system. (7) Historical structures, vistas, sites and the impact of development on these resources. (8) Special design guidelines for areas or districts of the city officially adopted by the city council. (g) Conditions. The heritage preservation commission may include conditions the committee deems reasonable and necessary to carry out the intent of this chapter and this section. (h) Findings and decisions. Upon a finding by the design review committee that the application, subject to any conditions imposed, will need the standards of design review, secure the purpose of this chapter, the comprehensive plan and the heritage preservation ordinance, the design review committee may approve the design permit, subject to conditions as it deems necessary. If a finding is made that the permit would violate the standards of design review, it must deny the application. (i) Conformance to approval and site supervision. The community development director shall perform site supervision of building permits for which design permits have been granted to ensure compliance with all provisions and conditions of the design approval. (Ord. No. 1071, § 2, 10-7-14; Ord. No. 1081, § 3, 7-21-15) Heritage Preservation Commission Meeting November 15, 2017 Vice Chairman Krakowski opened the public hearing. There were no public comments. Vice Chairman Krakowski closed the public hearing. Commissioner Steinwall asked about the railing design. Mr. Sharkey explained the railing will be made on site. The architect has not drafted the railing design yet. Motion by Commissioner Goodman, seconded by Commissioner Steinwall, to approve Case No. 2017-37, Design Permit for a new home to be located at 1006 Third Avenue South, with the four conditions recommended by staff. All in favor, 5-0. OLD BUSINESS Case No. 2017-32: Design Review Permit for an addition to the Water Street Inn Hotel located at 101 Water Street in the Central Business District. Chuck Dougherty,property owner and Roger Tomten, ARCHNET, applicant. City Planner Wittman provided background on the application, which was tabled at the October 18 Heritage Preservation Commission meeting to request alternative stylistic, scale and optional designs for the tower mast, as well as details on lighting, landscaping, and signage. The applicant is requesting approval of a Design Permit for Site Alteration in the form of rooftop improvements, to include an enclosed bar and kitchen, service station and storage area, two restrooms, an elevator bulkhead and enclosed/covered lobby, and two sets of stairs. In the staff report, Ms. Wittman pointed out that while the setback,proportion, and height may not be consistent with the Downtown Design Review District guidelines, the Downtown Height Overlay District or the setback provisions found in the Zoning Code, variances were obtained for these improvements after the HPC's primary review. The halo-lit sign proposed for the newly developed hotel entrance may not meet the design guidelines, which discourage back-lit signs. She stated that, with certain conditions, the application meets the standards for design review, the zoning code and the Comprehensive Plan. The new addition will not materially impair the architectural or historic value of the Lumberman's Exchange building. Therefore, staff recommends approval with four conditions. Roger Tomten, applicant, explained the revisions done since the October 18 Heritage Preservation Commission meeting. The team looked at previous designs for the cupola portion of the tower element. The design team and the property owners considered the tower to be a strong component of the plans from the very beginning, so they wish to move forward with it. They did not develop a design without the tower. The structural engineer suggested using a beefier column to provide a stauncher structure. They didn't propose filling in the top of the tower because it was thought that it would be problematic, considering the core concept of the tower, the height variance and visibility. Mr. Tomten added that the rooftop equipment will be shielded on two sides, so mechanical equipment will not be visible from the ground. In the areas of the stair tower and elevator shaft, any exposed surfaces will be EFIS material with a corrugated metal base in a light gray color. For the main sign at the front entry, they are proposing a halo-lit sign with a base metal color of dark hunter green and die-cast metal letters on pins sticking out from the surface. The light source would not be seen but would light up the letters creating a halo effect. City Planner Wittman recommended one more condition of approval: that updated sample boards be provided to staff for all materials discussed in the meeting. Commissioner Welty noted that the tower as revised appears wider at the base. Commissioner Hadrits stated that despite the Commission's concerns with scale expressed at the last meeting, it seems that the tower has become bigger. Mr. Tomten responded that the size of the members got larger but the footprint of the tower did not change. Page 2 of 6 Heritage Preservation Commission Meeting November 15, 2017 Commissioner Welty stated that she struggles with the concept of the tower highlighting a corner of the building that is not an entry. She feels the tower is an element that would be better suited to a civic or community building rather than a hotel. Mr. Tomten replied that the tower is not just an architectural component of the building, it's an urban design component of the downtown. Mr. Dougherty reminded the Commission that the tower has been part of the proposal since the project began in 2013. City Planner Wittman acknowledged there was a concept for the project that came to the Commission in past years and that many of the Commission's members are different now, so they may give a different recommendation than was given in the past. She has heard from many Commissioners that they have a hard time determining how the mass of the tower fits the design guidelines. Mr. Tomten stated that the tower is in its proposed location because it is the tenninus of Myrtle Street, and it is the site of the original tower, which defined the historic depot as a community hub. Commissioner Welty argued that the gazebo is the terminus of Myrtle Street and that the tower would be more appropriate for a public building such as a library,post office, or transit center. Vice Chainnan Krakowski turned the gavel over to Chairman Larson who entered the meeting. Commissioner Steinwall asked about landscaping. Mr. Tomten explained that the street trees have been eliminated from the plan. There is minimal space for landscaping except for possibly some planters around the entry. Commissioner Steinwall suggested that the parking lot should be included as the Commission looks at the development in terms of landscaping needs. She also stated that the design guidelines clearly discourage back-lit signs. Commissioner Welty commented she is not against the back lighting on the sign but would want the light to be a warm color. Chairman Larson noted that a condition of approval could be added requiring a landscaping plan for the parking lot. Mr. Tomten questioned whether the Commission wants to start adding three foot high landscaping around all the other surface lots in the downtown. Chairman.Larson countered that there are many ways to plant for urban landscaping. Mr. Tomten responded that on the Water Street side, the strip of land between the road and the parking lot is very narrow. Mr. Dougherty added that passengers exiting vehicles would step on landscaping in that location. Chairman Larson acknowledged he would like to see that strip be something other than weeds, perhaps decorative rock or a paved surface of some type. Mr. Dougherty said he is uncertain whether that strip is hotel or City property. Ms. Wittman agreed to check. Commissioner Hadrits suggested having planters in front of the hotel. Mr. Tomten stated there are no plans for planters at the moment because the entrance is on the north side of the building where there is little sun. Mr. Dougherty added that there are planters on the south side. Chairman Larson asked about the style of the proposed sign. Mr. Tomten explained that the letters would be die-cast and lit from behind. If backlighting is a problem, as an alternative they could extend the canopy a bit beyond where the sign would be mounted and incorporate the lighting into the overhang. Commissioner Welty reiterated that the July 17 version of the tower design feels a little lighter. The newest design seems bigger. Mr. Tomten replied they were able to minimize the cross basing at the base, and make beefier main ribs on the cupola itself. This revision was intended to minimize the internal structure, beef up the columns and enclose the base of it a little more, which is what he heard at the last meeting. Commissioner Welty she would like the tower to be gone. She said she understands the reason for making it beefier but why was it made wider? Mr. Tomten replied the designers flared it out a little bit at the base to give more of a cap to the tower element itself. Page 3 of 6 Heritage Preservation Commission Meeting November 15, 2017 Commissioner Hadrits said she appreciates the revisions provided since the last meeting but she still has a hard time seeing the tower as a congruous design element. At last month's meeting, she thought the direction was to come back with some additional design concepts for the clock tower that would be significantly different rather than just cross bars. Commissioner Steinwall said the Doughertys should be congratulated for coming forward with significant plans to improve their property. She acknowledged the difficulty of improving an historic property. She feels the Commission should approve the addition with the tower. If the Commission decides to deny the tower design element, there must be reasons that are in the ordinance. She cannot identify anything in the ordinance that would support denial. She does not feel that the addition as proposed materially impairs the architecture of the historic resource which is the Lumberman's Exchange Building on the other end. Chairman Larson agreed that the Commission must consider the ordinance and not personal taste or favor in making a decision. A design element's proportion should be sympathetic to neighbors and the building should not stand out, but be compatible with the adjacent area. City Planner Wittman suggested that Commissioner Steinwall was referencing the ordinance while Chairman Larson was referencing the guidelines. The ordinance is the letter of the law, while the guidelines are characteristics the Commission would like to see. Commissioner Welty said she feels the size and scale of the tower does not fit. She is disappointed that the Commission asked for alternative designs but got only a spec change. Commissioner Krakowski pointed out the applicant is trying to bring history back by putting the tower where the clock tower originally was. Chairman Larson said the tower would be seen everywhere because of its height. It would likely have more impact than anything else the Commission has reviewed. Mr. Tomten reiterated that the architects felt very strongly that the tower would be a strong component of the design. Mr. Dougherty added that the design including the tower is what was presented to the Planning Commission and the City Council. He does not want to build something drastically different than what was shown to the Planning Commission and Council. Commissioner Goodman said he feels it is quite a thoughtful design as revised. Motion by Commissioner Goodman, seconded by Commissioner Steinwall, to approve Case No. 2017-32, Design Permit for an addition to the Water Street Inn Hotel, 101 Water Street, with the four staff-recommended conditions and adding the following condition: the back lighting of the sign shall be eliminated. Motion failed 3-3, with Commissioners Hadrits, Welty and Chairman Larson voting nay. Motion by Chairman Larson, seconded by Commissioner Welty, to approve Case No. 2017-32, Design Permit for an addition to the Water Street Inn Hotel, 101 Water Street, with the four staff-recommended conditions and adding the following conditions: the cupola above the clock line shall be eliminated; and the back lighting of the sign shall be eliminated and the sign shall be lit from above rather than behind. Motion failed 3-3, with Commissioners Steinwall, Goodman and Krakowski voting nay. Mr. Dougherty noted he would be OK with the second motion passing because at least it would allow them to continue forward and appeal the decision if necessary. Motion by Chairman Larson, seconded by Commissioner Hadrits, to approve Case No. 2017-32, Design Permit for an addition to the Water Street Inn. Hotel, 101 Water Street, with the four staff-recommended conditions and adding the following conditions: the back lighting of the sign shall be eliminated and the sign shall be lit from Page 4 of 6 Heritage Preservation Commission Meeting November 15, 2017 above rather than behind; and the framework above the clock tower shall not be considered to be approved as designed. Motion passed 6-0. OTHER ITEMS OF DISCUSSION 2019 Statewide Conference Discussion City Planner Wittman stated that she spoke with the State Historic Preservation Office (SHPO) about the possibility of Stillwater hosting the 2019 Conference. Commissioners would be expected to help facilitate tours and other activities. She will try to get SHPO staff to attend the next HPC meeting to explain further. STAFF UPDATES 2040 Comprehensive Plan City Planner Wittman provided handouts on the Comprehensive Plan Update kickoff meeting. Projects City Planner Wittman updated the Commission on the status of the following: 419 Second Street South was issued an emergency demolition permit because upon starting renovations, it was discovered that a portion of the structure was failing. The applicants plan to reconstruct it as proposed except for eliminating the single story bump-out on the addition, which is too close to the property line for the suggested size of window. 404 Owens Street was issued an emergency forced order of removal because it was a hoarder's house that was condemned. The property was sold, gutted and renovated. Guidelines and Ordinances Chairman Larson led discussion of the difference between guidelines and ordinances. Ms. Wittman said it is her understanding that standards have a little more weight than guidelines, however the Commission functions with guidelines rather than standards. For instance, the Secretary of the Interior has standards for rehabilitation which have more teeth to them. She doesn't know if it's because they're codified in ordinance or adopted in some way. She will check on this. For the next meeting, Ms. Wittman will prepare more information on ordinances, guidelines and standards. Ms. Wittman added that she would like to explore the possibility of having some sort of joint Planning and Heritage Preservation Commission to review variance applications in the downtown district. This issue will be addressed over the next year as the planning process is fleshed out and the roles of the Commissions and their relationship with the Council are discussed. Chairman Larson said the guidelines are almost never specific enough; they almost always leave room for interpretation. Commissioner Steinwall agreed there are no guidelines to address a particular element or piece of art, for instance, that could reshape the entire streetscape. She feels the Commission should think more globally about streetscape issues. Chairman Larson agreed. ADJOURNMENT Page 5 of 6 �-. ater r" "."'t* M I N Fd U. 0 Y A HERITAGE PRESERVATION COMMISSION MEETING DATE: November 15,2017 CASE NO.: 2017-32 October 17,2017 APPLICANT: Roger Tomten,ArchNet,representing Chuck Dougherty,St. Croix Preservation Inc.,property owner REQUEST: Consideration of a Site Alteration Permit for a 20-room addition to the Water Street Inn,located at 101 Water Street South in in the Downtown Design Review District and the Commercial Historic District ZONING:CBD-Commercial Business District COMP PLAN:DMU-Downtown Mixed Use PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND In December 2013 the Heritage Preservation Commission reviewed a concept design of an addition to the northerly end of the Water Street Inn. At that time the Commission made comment regarding the ornamental tower,the setbacks off of Myrtle Street,the overall architecture and signage, as well as discussed requirements of the previous addition that were not consistent with HPC approval. Since the HPC's review,the applicant has obtained the following approvals from the Planning Commission, or by City Council approved appeals: • A special Use Permit for the construction of a 20-room hotel addition with seasonal rooftop dining; and • A 15' variance to the 15' Front Yard Setback from the northern property line along Myrtle Street; and • Variances for the tower height: • A 6'4" variance to the maximum CBD (Parkside) Height Overlay District: regulation for a clock tower (50'8" above main floor); and • A 25'10" variance to the maximum CBD (Parkside) Height Overlay regulation for the installation of a steel tower frame (70' 2" above main floor); and • A 37'10" variance to the maximum CBD (Parkside) Height Overlay regulation for the installation of a tower mast(81'10" above main floor); and • A 10% variance to the CBD height overlay district which would allow certain rooftop improvements on the addition to be 48', 20% taller than that portion of the existing structure that is currently 40' in height. 101 Water Street South Case 2017-32 (11/15/2017) Page 2 of 9 o The rooftop improvements include an enclosed bar and kitchen, service station and storage area, two restrooms in addition to an elevator bulkhead and enclosed/covered lobby, and two sets of stairs Additionally,the City Council has approved a Tax Increment Finance (TIF) agreement as well as a Developer's Agreement for the addition. Conditions of approval require the addition to be completed by July 1,2019. At the Commissions last regularly scheduled meeting,this application was tabled. The Commission requested the applicant consider alternative stylistic, scale and optional designs for the tower mast, details on lighting, landscaping, signage, and changes that were presented in the meeting. REQUEST The applicant is requesting approval of a Design Permit for the Site Alteration of the existing structure located at 101 Water Street South. SUMMARY OF WORK PROPOSED The applicant is proposing Heritage Preservation Commission consideration of a three-story addition to the north end of the site. The first story will be constructed of St. Croix Valley buff (Rivard) Stone split face random coursing(6-12" in height). The second and third stories will be a brick veneer to match the original,historic structure and as shown to the right. The applicant has indicated prefinished metal panels,EIFS, decorative corrugated metal panels,standing seam metal roofing,prefinished cap flashing, and integral color concrete masonry units (CMUs) will be utilized. A sample design board has been included for reference. Additionally, all materials have been called out on the elevation sheets submitted. APPLICABLE REGULATIONS AND STANDARDS The standards for review of a Design Permit require the Commission to review the project for conformance with the following Downtown Design Review District guidelines: SETBACK ■ Infill buildings shall be built to the Main The proposed addition will match the existing Street front property line...exceptions may eastern and western setbacks. On north side, be granted if the setback is pedestrian however,the structure is proposed to very close orientated and contributes to the quality to the property line. This property line lines up and character of Main Street. with the centerline of Myrtle Street East. As ■ No side setbacks are allowed unless next to a public pedestrian way. noted, a variance was obtained for the location of the structure to be 15' from the northerly property line. A 4' sidewalk is proposed on the north end of the building. PROPORTION 101 Water Street South Case 2017-32 (11/15/2017) Page 3 of 9 ■ The proportions...should be sympathetic to The overall proportion of the building is similar the proportion of their neighbors. to the 1995 addition and the original ■ Break up building masses into units of scale Lumberman Exchange building. that relate to adjacent structures. ■ Design facade details,window openings The Commission expressed concern for the and entries to conform to approximately the same proportional patterns of adjacent proportion of the tower and mast,requesting consideration of alternative designs. structures. HEIGHT ■ The heights of new buildings shall conform The structure will be 20% taller than the 1995 to the average height of buildings on the addition. As noted, a variance was obtained for block street face. this. Additionally,variances were obtained for ■ The height of new buildings shall the clock tower and mast. be...within 10% of existing adjacent buildings. Floor lines will match up as well as the rooftop ■ Proposals should strive to maintain compatibility with adjacent cornice lines, railing with the parapet of the 1995 addition. floor to floor heights where these are Rooftop improvements will be,up to, 12' taller strongly expressed...and any other elements than the existing hotel directly adjacent. which serve to unify the street elevation as a whole. PARKING ■ Every effort should be made to The applicant has a private parking lot, across maximum...space directly on Main Street Myrtle Street West. Additionally,the applicant and locate parking behind the buildings. will purchase parking permits from the City. ■ Parking lots should be screened from the street. REAR ENTRANCES ■ The rear facade...should be clean and well The hotel will be shifted,with the primary maintained...display windows and planter entrance being relocated to Myrtle Street. The boxes can improve...appearance. Chestnut Street entrance will become a primary entrance for the restaurant. The existing platform patio is proposed to have new,roll down glass overhead doors for three- season use. ROOFS ■ Infill building roofs...shall articulate the Both structures are proposed to have a flat roof. rhythm of the building. As noted,rooftop improvements were ■ Roof edges should be related in size and permitted by variance. proportion to adjacent buildings. UTILITY AREAS AND MECHANICAL EQUIPMENT ■ Screen exterior trash,service yards,loading Rooftop mechanicals are proposed to be located areas,transformers and air conditioning between the new parapet,the existing 1995 units. addition, as well as seasonal restrooms. The ■ Use architectural elements to screen mechanicals will be screened from Water Street mechanical equipment. on the west. They may be visible from the south. An overhead garage door is proposed for all 101 Water Street South Case 2017-32 (11/15/2017) Page 4 of 9 trash and recycling. The existing enclosure is proposed to be utilized for bicycle storage. DETAILING,FACADE OPENINGS,AND MATERIALS ■ ...architecture should reflect some of the While the applicant depicts openings relative to detailing of surrounding buildings in the existing structure on the east elevation,this window shape,cornice lines and brick is not carried around to the west elevation. work. Units directly adjacent to the 1995 addition will ■ The size and proportion of windows and have a similar look(of a window and a door) door openings...should be similar to those but the window size is not consistent. on the adjacent facades. ■ Recessed entries should be...required in new storefront construction. With the exception of some rooftop ■ Painted wood doors and wood framing are improvements,the proposed materials are preferred. consistent with the guidelines as well as the ■ facade should be composed of materials proposed structures. However,the applicant is similar to original adjacent facades. proposing EIFS on the rooftop that is not a ■ New buildings should not stand out material that has been utilized in the historic against the others but be compatible with core. Furthermore,though located in the the general area. downtown area,corrugated metal is proposed; however,there is no unpainted metal elsewhere on the building. COLOR ■ The color of buildings should relate to the The applicant has shown a red brick and buff adjacent buildings colors to create a colored stone. Hunter or dark ivy green will be harmonious effect. utilized to match the existing building. LIGHTING ■ A coordinated lighting plan should be A coordinated lighting plan has been submitted for review with building plans. submitted. All proposed lighting will be 3500 K Provide information on each individual or less. The predominant fixtures include: light fixture proposed,including fixture sections,lamp type and wattage. ■ Shielded,up/down ornamental lighting ■ Lighting fixtures should be concealed or ■ Shielded emergency access lighting integrated into the overall design of the ■ Architectural accent lights project.The light source should be hidden ■ Recessed can lights from direct pedestrian or motorist view. ■ Wall sconces (next to the front entrance) ■ Flag pole light ■ Unshielded wall pack light fixtures are not ■ Patio lighting will include wall brackets, as appropriate. well as festoon lights with pendants With the exception of the rooftop festoon lights, all fixtures will be down lit and shielded. AWNINGS ■ Fixed awnings should mimic the profile of HOTEL operable units(one to one pitch). A fiat awning is proposed over the hotel's new • The emphasis of the awning should remain main entrance. Second story balconies will 101 Water Street South Case 2017-32 (11/15/2017) Page 5 of 9 one of shelter and protection,rather than serve as awnings for lower floor tenant spaces signage.In keeping with this,the awning on the east facade. should be loose and flowing,not stretched tight,subtle and subdued in color,not A new rooftop is proposed for the existing hotel bright,extending well out over the patio/platform. This will be a standing seam sidewalk,not a mere window dressing. metal. ■ The use of water-repellent or vinyl-coated canvas is in keeping with awnings of the time.Plastic or aluminum awnings or canopies are not appropriate. SIGNS AND GRAPHICS ■ Signage should be located in such a way as The existing Charlie's sign is proposed to be to not obscure any architectural features of relocated to what is the existing entrance for the the building. hotel. A new,downlit LED spot will be placed ■ The storefront sign should be used to on the existing sign. display the primarily name of the business only.Use only one line of lettering if A single,halo lit sign is proposed for the newly- possible,leaving out secondary information. design front hotel entrance. This is proposed to ■ Use simple,bold lettering with sufficient be located on the awning. The code and contrast between the lettering and the guidelines indicate no internally lit or backlit background. signs are permitted. However,there has been ■ Multiple-tenant buildings should submit a mixed perception as to whether or not halo lit Sign Package that includes building signs are compliant with the code and elevations(drawn to scale),sign types, consistent with the guidelines. locations and sizes.Do not put up signs piecemeal.View the building as a whole All retail units are expected to utilize window and plan a unified design strategy to take advantage of all possible sign locations. signage. ■ Tenants and owners should use a common lettering style and color scheme on the The applicant should be required to submit a building multi-tenant sign pian for all signage,include ■ Use painted wood where practicable.It is directory signage,in the future. the authentic material and will look appropriate against the weathered brick of Stillwater's commercial facades LANDSCAPING ■ Highlight important architectural features No landscaping is proposed. and structures by use of distinctive landscaping. • Visually and physically buffer parking lots from adjacent buildings and pedestrian walkways with groupings of plant materials. • Frame and edge existing and proposed building where feasible with appropriate types of plant material to achieve human 101 Water Street South Case 2017-32 (11/15/2017) Page 6of9 scale. • Carefully locate street trees and shrub plantings with the downtown area to buffer and separate walkways from traffic. Create shade where needed for pedestrians establish more clearly defined pedestrian use areas. • Provide canopy trees to shade parked cars, but establish where practical.Tree planting in parking lot islands will reduce heat gain and should be encouraged Any remodeling,repair or alteration(including paint color) that will change the exterior appearance of a heritage preservation site necessitates a Site Alteration Permit'. The permit review standards for a Site Alteration Permit are found in City Code Sec 22-7,Subd 6(3). The following guidelines are specified for use in evaluating applications for Site Alteration Permits: Every reasonable effort shall be made to The addition will have minimal effect on the provide a compatible use for a property which existing Water Street Inn. During requires minimal alteration of the building, construction, a fire escape will be relocated to structure or site and its environment or to use the eastern side of the existing hotel addition. a property for its originally intended This fire escape will be removed once the hotel purposes. addition is complete. The distinguishing original qualities or The applicant is proposing to retain all character of a building, structure or site and its original historical and architectural features of environment shall not be destroyed. The the hotel. removal or alteration of any historic material or distinctive architectural features must be avoided when possible. All buildings, structures and sites shall be Alterations and additions are contemporary in recognized as products of their own time. nature,blending newer infill development Alterations that have no historical basis and with the historic features. which seek to create an earlier appearance shall be discouraged. Changes which may have taken place in the Additions and alterations to individual course of time are evidence of the history and historical portions of the site compliment the development of a building, structure or site adjacent features. However,the applicant is and its environment. These changes may have proposing new materials that may not be acquired significance in their own right and consistent with the materials used on the this significance shall be recognized and previous addition(such as metal,cement respected. board siding, and CMUs) Distinctive stylistic features or examples of No changes to the existing structure will A Site Alteration Permit is a sub-type of the Design Permit(Sec 31-209(c)(1)). But,the Site Alteration Permit has more exacting review standards(Sec.22-7, Subd 6(3))than a routine Design Permit. 101 Water Street South Case 2017-32 (11/15/2017) Page 7of9 skilled craftsmanship which characterize a occur. building, structure or site shall be treated with sensitivity. Deteriorated architectural features shall be All existing exterior materials are proposed to repaired rather than replaced,whenever be retained. The applicant is not proposing to possible. If replacement is necessary,the new upgrade materials on the (former) addition for material should match the material being consistency. However, staff would replaced in composition,design,color,texture recommend the HPC consider some upgrades, and other visual qualities. Repair or such as facing the existing patios in metal to replacement of missing architectural features match the proposed addition. must be based on accurate duplication of features, substantiated by historic,physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. The surface cleaning of structures shall be The application does not indicate cleaning will undertaken by the gentlest means possible. occur. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. Contemporary design for alterations and Contemporary alterations and additions are additions shall not be discouraged when such compatible with the overall site design,not alterations and additions do not destroy destroying the significant historical, significant historical, architectural or cultural architectural and/or cultural material of the material and such design is compatible with site. the size, scale,color,material and character of the property,neighborhood or environment. Whenever possible new additions or The additions proposed,if removed from the alterations to structures shall be done in a structure at a later date and time,would not manner that if the additions or alterations comprise the essential form and integrity of were to be removed in the future,the essential the structure. form and integrity of the structure would be unimpaired. ALTERNATIVES The HPC has several alternatives related to this requests A. Approve,whole or in part. If the proposed application meets the Site Alteration Permit standards, and the downtown design review district guidelines,the HPC should move to approve Case No. 2017-32,with or without conditions. At a minimum,the Commission should consider the following conditions of approval: 1. The site shall be developed insubstantial conformance with the pians on file with the Community Development Department,including those below,except as may be modified by the conditions herein. Plans listed without a sheet number or date, shall be consistent with those on file with HPC Case No. 2017-32: 101 Water Street South Case 2017-32 (11/15/2017) Page 8 of 9 a. Site Plan AS1 10/31/2017 b. Roof Floor Plan A1.4 10/31/2017 c. Tower Enlargements A2.3 10/31/2017 d. Deck Enlargements A2.4 10/31/2017 e. Elevations A3.0-3.1 10/31/2017 f. Exterior Lighting and Signage Elevations A3.3 10/31/2017 g. WSI Sample Board (2 pages) 10/31/2017 h. Lighting Package (25 pages) 2. All signs shall receive a sign permit prior to the installation. 3. A building permit shall be obtained prior to the commencement of the demolition and structural addition. 4. All minor modifications to the pians shall be approved in advance by the City Planner. All major modifications shall be approved in advance by the HPC. Determination of the distinction between"major' and"minor' is defined in the Zoning Ordinance. B. Deny If the HPC finds that the proposal is not consistent with the Site Alteration Permit standards, and the downtown design review district guidelines,then the Commission could deny the request. With a denial,the basis of the action is required to be given. Furthermore, a denial with prejudice would prohibit the applicant from resubmittal of a substantially similar application within one year. C. Table. If the HPC needs additional information to make a decision,the requests could be tabled. If this were to occur, staff would need to extend the City's consideration for an additional 60 days. FINDINGS AND RECOMMENDATION While the setback,proportion, and height may not be consistent with the Downtown Design Review District guidelines,the Downtown Height Overlay, as well as the setback provisions found in the Zoning Code,variances were obtained for these improvements after the HPC's primary review. City Code Sec 22-7,Subd 7 and Section 31-209(h) identifies the following needs to be made in order to approve a Site Alteration Permit. Upon a finding by the design review committee that the application, subject to any conditions I mposed, will need the standards of design review, secure the purpose of this chapter, the comprehensive plan and the heritage preservation ordinance, the design review committee may approve the design permit, subject to conditions as it deems necessary. In the case of a proposed alteration or addition to an existing building, the alteration or addition will not materially impair the architectural or historic value of the building and considering the existing structures and existing exterior appearance, building, height, building width, depth, roof style, type of building materials, ornamentation and paving setback. With certain conditions,the application meetings the standards for design review,the zoning code and the Comprehensive Plan. Additionally, the new addition will not materially impair the architectural or historic value of the Lumber Barron Hotel. Therefore, staff recommends conditional approval of HPC Case No. 2017-32. 101 Water Street South Case 2017-32 (11/15/2017) Page 9of9 ATTACHMENTS Narrative (3 pages) Site Plans (3 pages) Floor Plans (6 pages) Tower Design Platform Patio Design Elevations (3 pages) Lighting and Sign Plan Building Sections (3 pages) Material Schedule (2 pages) Renderings with Tower Renditions (6 pages) Lighting Details (24 pages) C I I N El" Architecture I Interiors I u��s t�a a u���a Pw:�II a DE.� 333 North Main Street Phone 651/430-0606 Suite 201 Fax 651/430-2414 Stillwater, MN 55082 www.archnetusa.com Tuesday, October 31, 2017 TO: Ms. Abbi Wittman, City Planner, & Heritage Preservation Commission members 216 North Fourth Street Stillwater, MN 55082 RE: Additions and alterations to the Water Street Inn, 101 Water Street, Stillwater, MN Following the Heritage Preservation Commission meeting on October 18th, we gathered the com- ments from the members, ran new scenarios through the design process, and advanced the con- struction documents. We have included additional information regarding materials, lighting and sig- nage. We have once again listed the design criteria in the order presented in the Design Manual with additional comments addressing concerns from staff and the commission. Setback The original concept proposed a zero setback on the front yard (Myrtle Street). The design was modi- fied prior to the last meeting, to provide a 4 foot setback. Proportion No additional comments. ease on io ARC{3NETARC{3NCT i. WATER STREET INN s Q©® s ser•zo» WATERSTREETINN s ser•zo» Add 1t1ons Rnas R1tor RtIonr„ to tho WAI :; S I ; I'iiI I IIv! Iv! , tII vvRtoi1\41nnosotR Ro 'iot 3 Height No additional comments. Parking No additional comments. Rear Entrances An accessible egress ramp required by code was cut into the existing east patio. The existing patio roof was extended to cover the ramp. Roofs The existing patio roof will be re-roofed with standing seam metal roofing. The color will match the metal panels and trim on the addition. Utility Areas and Mechanical Equipment A site section has been provided, showing the screening of mechanical equipment from public view from Water Street. Detailing Drawings depicting construction detailing and additional notes indicating locations and the identity of materials have been added to the exterior elevations. Facade Openings No additional comments. Materials Additional notations indicating locations and the identity of materials have been added to the exterior elevations. Additional building material samples will be presented at the meeting. Color No additional comments. Lighting A lighting plan has been provided indicating architectural accent lighting on the exterior of the build- ing. On the main level, fixtures providing a wall wash of light (utilizing up and down lights) are shown to accent the texture of the stone. At the second floor transition from stone to brick, accent lights will provide a wall wash of light at key pilasters of the east and west facades of the addition and the tow- er. This lighting approach will also be applied to the south and west elevations of the Lumberman's Exchange facades. On the roof patio, several pole lights and strings of festoon lighting will provide low level general lighting. A complete lighting package with cut sheets of each proposed fixture has been included in this packet. Fixture locations are presented on Sheet A3.3 of the construction docu- ment set. Awnings No awnings are proposed for the addition at this time. Add 1t1ons Rnas RItor Rtions to tho WAI :; S I ; I Iii I INIv! , tII vvRtoi1\41 nno_.otR 1 Ryer 2ot 3 Signs andGraphics A complete sign package for the entire building has been submitted for review. Sheet A3.3 illustrates the sizes and locations of the signs on the building. Two existing signs are being relocated. The pro- jecting sign currently on the southeast corner will be relocated to the southwest corner, above the en- trance to Charlie's Irish Pub. IN UI�IIOV U W lit JI � lkd JJ/ O%kq U%��- r rl ,� rVd���li�01 IUr���rrUhvn��VflUH�l� � h�U�lAllr ppUu4hTfWNNf,,�4tlI�l U' l M , lI � Yfryl,� 1 The oval Water Street Inn sign on the north elevation will be relocated to the east elevation, under the new canopy provided for the accessible ramp. The main new sign will be located over the north front entry on Myrtle Street. It will be located on the end of the canopy and consist of individual metal cut out letters, gold in color, raised off of the Hunter Green metal background. The letters will be back lit as shown in the example below. b Nr Landscaping The street trees along Water Street have now been removed from the project. Thank you for your consideration. Roger Tomten, ARCHNET Add 1t1ons and RItor ations to tho WAI :; S I ; I Iii I INIv! , tII vvRtoi1\41 nno_.otR R y o 3ot 3 rs rn / s P° r r W Z Z O Wto Y ap wLU a V LL OC W Ln Q W O m to Lr) <= 0 V W (DO mU ZW ZU w w U Q --11 T/ wm W Lr) w OU1 Jw1% Q IL d Xw d ~Lr)Z a p W W> LL,LL, LijLr) to L ZK Lr) LL' [_] F wLU ULL, Z Fpm ~ZQo-i F Y _ l� F U W L-Q X O =U ,J w d'JKf wF HK wXD OH6: L- J to(,�W(/1 Z(!) d'to J w J d'(!1 1,"s x f I " Z H r "i' i l' .. cilli %l I ✓ %/lli //// � j 1 Pill>l 0 N F U s O i IiiVuum��l�uuuuuul��uuuump r)IP � f � Y u U 1� Q m FO W Oa _ _ U U J K O Q Q K O Oa' W W Q J ZZ � Q Q J Z O Oz ? QQce r, F F:pe ¢ O W X XLU LU LU Z =Z F Z =ZceFUl OQ JOU d'OUO J W d'�mm W y i i� (Il��fury'"Vnrp ! q /awl � I yl � r Q �u / ar Design Clinic-Three ways to light a building fagade I Lux Magazine I Luxreview.com I Americas I Home page 10/26/17,2:49 PM 1 November2014 EXTERIOR Design Clinic: Three ways to light a building facade In association with LIGHTING Floodlighting a building fa4ade is a classic case of`it's not about the CONCEPT numbers'.Of course,you can always calculate the vertical illuminance, i� luminance and uniformity values for a building but that's not the her primary goal. Lighting ti There are many non-engineering decisions to be made.Do you want the (http://www.kingfisherlighting.com building to stand out or blend in?Do you want a subtle or`in your face' See the luminaires featured effect?Which parts of the building are worth highlighting?Do you want in this article at colour? (My default answer to this question is no - IMHO, colour on kingfisherlighting.com buildings is more often blightthan benefit.) ''..... (http://www.kingfisherlighting.com) Making the building look good is down to aesthetic judgement.Ifyou are unsure,ask a lighting designer,architect,planner,or local conservation groups about the effect they would like achieved. Remember,you can save a great deal of energy by highlighting certain parts of a building rather than flooding the whole fa4ade with uniform light.Similarly,switching off the lights when no-one is around can halve your energy cost. Here,we show three different approaches.The illumination level required would depend on the location of the building.Decide on the effect first and crunch the illumination numbers after. The building is 12m high and 24m wide,with the same light overthe doorway in all three versions,for security reasons.I've used various fill-in lights for the central area,and some of the internal lights are on and some are off,which is what happens in real life. All the products used are from Kingfisher Lighting(mostly from their Arcluce range),who have a wide range of products for exteriors. 1.Light the recesses 2.Up and down 3.From the ground j Kingfisher's Tula is a surface mount wall unit which directs narrow beams of light up and down.This type of luminaire is commonly used both inside and outside where there is a series of arches orvaults. http://Iuxreview.com/design-clinic/2014/11/three-ways-to-light-a-building-facade Page 1 of 2 LIGHT FIXTURE #1 Kingfisher Lighting 1 Tula l ala as a professional light fitting for architectural illurnunat6o n. �-t corne With LEDs and a variety of bearn patterns f rorrst. e:to accents"to � broader afl washes. 11 wo way:2X80 2x"320 Z �r 6.r II'p e..trvaa}P:"00 lj"'ir4.'P `u"u"o way 2x"360 let"iuu`rfl:'P • w$WBOrrn,^"; • ipaTCrVr':H fob" o ()lne way:4. .ay, way way: 4 ii 4 V iiiiiiiuiuiuiuiuiuiuiuiuiumiuiuiuuiiiiI • [Efficacy 1132 Il u.ulrnnurnanlilre Ilrn/w • a1G1G10K1 4G1G10K1 CRlll >10(wi(kr wash), �.1 "Cy ll >.80(rim P ow wash) • I Ik''tirrwr "WBUG.DG.Dh1 1...80 • Wall rrnarullntE:r'i • "IlylllMA diffuua eir aalingaia:alrn %% k r • ISI iVr;ur incluorlr;uri �li '((� IKC7f 111111 c i rilrub V .�tlbI II 46 lrlrllc t i I I)1-1 p �llrilc5 * i rnq:anr'kr, lightIr1g & E3nP i;�' P"r,fl�tanudlranr1'ts d\u a E:Mt lighting & Housing pppyNN my I1�ME:d & Ir,I u.Illr;V my Cyr,aanl �IIVII�IIII f) alY,� �,'Yf3CII`YIIIr311€?I I,I�Flf€a\Flft3a`I IdIrYll"Ir311€all.r.}r�11€allr3_..... 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(1131fi ) mind.The traditional,trapezoidal shape offers a Height: 8-1/2" Height: 4" soft,non-pixilated light source for end-user visual 21 59 cm) {102cmi) comfort. For emergency egress lighting,the WST Width: 17" Width: 5-1/2" LED offers six battery options, including remote. {43.13 cm) f`4 0 cm) Depth: 10-3/16" Depth: 1-1/2" For additional code compliance and energy 259cm) {s8cm) savings,there is also a Bi-level motion sensor Weight: 9I lbs oRONEENTRY option. With so many standard and optional features,three lumen packages,and high LPW, the WST LED is your"go to" luminaire for most H 3.0H 7any application. �W� D a.as roR MOUNTING 80LT5 W � „„„„„„,,,,,,„„„„„„,,,,,,„„„„„„,,,,,,„„„„„„,,,,,,„„„„„„,,,,,,„„„„„„,,,,,,„„„„„„,,,,,,„„„„„„.,,,„„„„„„.,,,„„„„„„.,,, EXAMPLE:WST LED P1 40 K V F MVOLT DDBTXD ,,, WST LED 0 0 0 0 i i %/% / WST LED P7 1,500 package 27K 2700K VF U1sualcomfortforward throw MVOLT' 27T Shipped included P2 3,000 Lumen package 30K 3000 K VW Visual comfortwide 120' 347 (blank) Surface mounting bracket P3 6,000 Lumen package 40K 4000 K 208' 480 Shipped separately SOK 000 K 240' BBW Surface-mounted back box` PBBW Premium surface-mounted back boxes' i i f PE Photoelectric cell,button type E7WC Emergency battery backup(cold,7W)°” DDBXD Dark bronze PER NEMAtwist-lockreceptacle only E7WHR Remote emergency battery backup(remote 7W)a15 DBLXD Black PER5 Five-wire receptacle only E20WH Emergency battery backup(20W)°” DNAXD Natural aluminum PER7 Seven-wire receptacle only E20WC Emergency battery backup(cold,20W)" DWHXD White DMG 0-10V dimming extend out back of honsing forexternal control(no controF4 E23WHR Remote emergency battery backup(remote 20W)a10 DSSXD Sandstone PIR Motion/Ambient Light Sensor,8-15'mounting height- LCE Left side conduit entry'` DDBTXD Textured dark bronze PIR1FC3V Motion/ambient sensor,8-15'mounting height,ambient sensor enabled atlfc' RCE Right side conduit entry DBLBXD Textured black PIRH 180°motion/ambient light sensor,l5-30'mountingheight- DNATXD Textured natural aluminum PIRH1FC3V Mot ion/ambientsensor,l5-30'mounting height,ambient sensorenabled at lfc' Shipped separately DWHGXD Textured white SF Single fuse(120,277,347V)' RBPW Retrofit back plateDSSTXD Textured sandstone DF Double fuse(208,240,480V)a VG Vandal guard” DS Dual switching' WG Wire guard E7WH Emergency battery backup(7W)° ACCe550rIe5 NOTES available with PER5&PER7. with inverter system.Not available with 1 MVOLT driver operates on any line voltage 5 Not available with PE,PER,PER5,PER7, 347/480V Not available with PE PER, Ord eredandshipped separately. from 120-277V(50/60 Hz).Specify 120, VG or WG. PER5&PER7. WSTVCPBBW DDBXD U Premium Surface-mounted backbox 208,240 or 277 options only.when 6 Not available with MVOLT option.Button 8 Not available with 347/480V. ordering with button type photocell(PE), photocell(PE)can be ordered with a 9 Battery pack rated for-20°to 40°C. WSBBW DDBTXD Surface-mounted back box fusing(SF,DF),or dual switching(DS). dedicated voltage option.Single fuse(SF) 10 Comes with PBBW. RBPW DDBXDU Retrofit back plate 2 Also available as a separate accessory;see requires 120,277 or 347 voltage option. 11 Warranty period is 3-years. accessories information. Double fuse(DF)requires 208,240 or 480 3 Top conduit entry standard. voltage option. 12 Not available with BBW. 4 Not available with E7WH,E7WC,E7WHR, 7 Not available with E7WH,E7WC,E7WHR, 13 Must order with fixture;not an accessory. E20WC,E20WH,or E23WHR.Not E20WC,E20WH,or E23WHR.Used W'p pVll 0111111V1111I,1111113 One Lithonia Way • Conyers,Georgia 30012 • Phone:800.279.8041 WSTLED ©2011-2017 Acuity Brands Lighting,Inc. All rights reserved. Rev.05/16/17 Emergency Battery Operation The emergency battery backup is integral to the luminaire—no external housing required!This design provides reliable emergency operation while maintaining the aesthetics of the product. All emergency backup configurations include an independent secondary driver with an integral relay to immediately detect AC power loss,meeting interpretations of The emergency battery will power the luminaire for a minimum duration of 90 minutes(maximum duration of three hours)from the time supply power is lost per and i'. provided luminaires are mounted at an appropriate height and illuminate an open space with no major obstructions. The examples below show illuminance of 1 fc average and 0.1 fc minimum ofthe P1 power package and VF distribution product in emergency mode. 8 MH / 12 MH,' �,. � 8'MH ///��/ 12 MH �I; 1 1C}'x1C}Cridlino-.¢. 1 I v'I�I Y iS'and 12 Mounting Height .;-.• `'+.,. a �^"'"'�'� � �� // i WS1 L.@iII.D P1 27K VF IVYVCIID EEJWH WS L.@iII.D 1'2 40K VF IVYVCIID EE20WH , ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Lumen Output Lumen values are from photometric tests performed in accordance with IESNA LM-79-08.Data is considered to be representative of the on nfig urations shown,within the tolerances allowed by Lighting Facts. i / / / / / // //i//i// / /iii // /ii//i//K/6101/1' ilii /i //i//i N1111,11 / //i / //////// / ///// , / //////// / / /. / /i/ , /. / / / / /I / /i/ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /�i////i�i�%/i/ilii////f i//i//�/iiiiii/i�//i//i�i�%Iii/ilii%i� Pl 12W VF 1,494 0 0 0 125 1,529 0 0 0 127 1,639 0 0 0 137 1,639 0 0 0 137 VW 1,513 0 0 0 126 1,548 0 0 ....0 129 1,660 0 0 0- 138 1,660 0 0 0 138 P2 25W VF 3,162 1 0 1 I 126 3,236 i.1 I 0 I 1 129 3,468 11 I 0 1 .i 139 3,468 11 .I 0 I 1 139 VW 3,202 1 0 0 128 3,277 1 0 0 131 3,512 1„ 0 0 140 3,512 1 0 0 140 P3 SOW VF 6,023 1 0 1 120 6,164 1 0 1 123 6,607 1 0 1 132 6,607 1 0 1 132 VW 6,100 1 0 1 122 6,242 1 0 1 125 6,691 1 0 1 134 6,691 1 0 1 134 Lumen Ambient Temperature (LAT)Multipliers Electrical Load � j/// � Use these factors to determine relative lumen output for average ambient temperatures from 0-40°C(32-104°F). % �� ��� jr120 208 240 277 347 480 01C 3 1.03 11 0.7 0.06 0.05 0.04 --- --- '.. 100C 500F 1.02 P1 14 '.. __ __ __ __ 0.04 003 '.. 200C 680F 1.01 !. 25°C 77°F 1.00 Pt DS 14 ',, 0.12 0.07 0.06 0.06 --- --- '.. 300C 860F 0.99 25 021 013 011 07 --- 400C 1040F 0.98 P2 '.. 30 '., --- --- --- --- 0.09 0.06 - Projected LED Lumen Maintenance P2 DS 25 027 073 077 07 Values calculated according to IESNA TM-21-11 methodology and valid up to 40°C. 50 042 024 021 019 --- - ��� �� 56 - 076 072 0 25,000 50,000 100,000 P3 DS 52 043 026 023 027 1.0 -0.95 -0.92 -0.87 ullllllii��lllllllll���u III��plll�°��IIIP�I li iIIIV!yW'iillili il'I� One Lithonia Way • Conyers,Georgia 30012 • Phone:800.279.8041 • – WST-LED �”VIVI VIII ill,ilullll ,ill�'I'N'z ©2011-2017 Acuity Brands Lighting,Inc. All rights reserved. Rev.05/16/17 �m loll .................................. .............................. ............ .............. ............ ............ .............................. ......................... To see complete photometric reports or download.les files for this product,visit Lrthonia Lighting's Isofootcandle plots forthe WST LED P340KVF and VW.Distances are In units of mounting height(10'). Distribution overlay comparison to 175W metal halide. LEGEND a 3 z 1 o 1 2 3 a a 3 2 1 o 1 2 3 a LEGEND WS 0.1 fc3 �; �1111111111111 LED,0.5 fc 2 ..... v...... "* 0.5 fc WST 1.0 fc 5.0 fc ° °e ,"' NI 0.5 fc 2 10 W 'lewnllc -2 L)'. WST HID��M��� WST LED: - -3 -3 W+I HID::072 213W 50W VF VW WS[LED::095 A WST LED P3 e0K VF, A — — - - WST 175M FT Probe,12'Mounting Ht FEATURES&SPECIFICATIONS INTENDED USE ELECTRICAL The classic architectural shape of the WST LED was designed for applications such as hospitals, Light engine(s)consist of 98 high-efficacy LEDs mounted to a metal core circuit board and schools,malls,restaurants,and commercial buildings.The long life LEDs and driver make this integral aluminum heat sinks to maximize heat dissipation and promote long life(100,000 luminaire nearly maintenance-free. hrs at 40°C,L87). Class 2 electronic driver has a power factor>90%,THD Q0%. Easily- CONSTRUCTION serviceable surge protection device meets a minimum Category B(per ANSI/IEEE C62.41.2). The single-piece die-cast aluminum housing integrates secondary heat sinks to optimize thermal INSTALLATION transfer from the internal light engine heat sinks and promote long life. The driver is mounted in A universal mounting plate with integral mounting support arms allows the fixture to hinge direct contact with the casting for a low operating temperature and long life.The die-cast door down for easy access while making wiring connections. frame is fully gasketed with a one-piece solid silicone gasket to keep out moisture and dust, providing an IP65 rating for the luminaire. LISTINGS CSA certified to U.S.and Canadian standards.Luminaire is IP65 rated.PIR and back box FINISH options are rated for wet location.Rated for-30°C to 40°C ambient. Exterior parts are protected by a zinc-infused Super Durable TGIC thermoset powder coat finish that provides superior resistance to corrosion and weathering. A tightly controlled multi-stage DesignUghts Consortium®(DLC)Premium qualified product.Not all versions of this process ensures a minimum 3 mils thickness for a finish that can withstand extreme climate product may be DLC Premium qualified.Please checkthe DLC Qualified Products List changes without cracking or peeling. Standard Super Durable colors include dark bronze,black, at to confirm which versions are qualified. natural aluminum,sandstone and white. Available in textured and non-textured finishes. WARRANTY OPTICS 5-year limited warranty. Complete warranty terms located at: Well crafted reflector optics allowthe light engine to be recessed within the luminaire,providing visual comfort, superior distribution,uniformity,and spacing in wall-mount applications. The WST LED has zero uptight and qualifies as a Nighttime Friendly—product,meaning it is consistent with Note:Actual performance may differ as a result of end-user environment and application. the LEED°and Green Globes—criteria for eliminating wasteful uptight. All values are design ortypical values,measured under laboratory conditions at 25°C. Specifications subject to change without notice. �ullllllii��lllllllll���u III�I IVIII°��VILLI II IIIIV! VI'iIII�II il'�I�� One Lithonia Way • Conyers,Georgia 30012 • Phone:800.279.8041 • - WST-LED Imo"'IVIII VIII III,IIuIIII ,IIII',z ©2011-2017 Acuity Brands Lighting,Inc. All rights reserved. Rev.05/16/17 �m LIGHT FIXTURE #3 Kingfisher Lighting ntan��� Tito ..ru-oto is a compact stainless s str;:pel at.;t.;r;:prnt lurni naim Which deliver's perfect � i highlighting. l t cornes Grn ttn O sizes and IRGIB op do ns.� .The high 11D, it'a-ting allows Titoto be SUbrnef,ged tip to rrrli. e y h�t a 1.J, e5 l i Lo 2"r:R"o 200 2 �� �� II Vag l r.:2 116'P �,ap.6'P IN 21 1 111: 11 iLo urur:°00 u!ru`0 • 3,1) lrrn/\(II Ito bb)r 100rrnA(Il i�to 3t',$( • PoWr:P` Tito Ib� 1W Tito rl�l'�114w(3w [Efficacy "y uirnniirnaaiiire Ilrn/" (Illit()25), 1142 Ilu.uirnniiinaiire Irrn/W (II Iter //� 10P' 400 „ ) 1(Ilitar2;)) • I Ik'tirrnr, G1,G�.00111" 180 WB ywri i "u Wall Y"rnarnllrltr!;r'1 �� � Tito:'!3 rit�.i'3 • CyttI3 Option (If ito;rb) au i'Pa'rnll � P��P�,G �,IIIP�,G'� p pp • 'a,r�nar t > II<C)£ II<1C) IIIIIIII 3111' Ih°e II tr G P 11/r VV � " .... .. 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PIO AsyFri Fri r rrical 'i4CCC 11108 MOS 0.80 f3t,unlr,.r:r srt,el(s Nod Srandars,V SNlthoi.ar SNirin y 42 x PP arC Shay �,C; 11 W 1 1 1) UOI11000 11,08 MOB 0.80 ?r,ur oss st d(s Nod f'xrnns�VarsV Wtoi.ar SN dqj lliarninntJcrn IIII I III ISI II'iI�"11muu`i A/6',51(7 f�SC7�:;r) 11W AsyFri Fri or,rlcal 'i4CCC ITS MOB 088 fat urlr r:r Mod(sllver) ,'xrardwd sN'rthoiW sNirlr y Y arc, Nay A/ri',511 ';bC7�)C) 11W 111) S90 111 arrirat�lori 11010101 ITS MOB 088 80khm Mod(silver) ,'xrardwd sN'rthoiW sNirlr y f�SC7�)C) 11W 1 11) WIC 'i4CCC MOB MOB 088 fat urlr r:r Mod(sllver) ,'xrardwd sN'rthoiW sNirlr y Asymmotrlcaal A/fi',51 `ffl�)C) 11W 1 11) l'.0 IP ore Shay 4000 MOB MOB 088 80khm Mod(silver) ,'xrardwd sN'rthoiW sNirlr y ll arrirariori 4W 111) HTS MOB 088 fat urlr s sod(sllver) 120;13 W8/6 516 `bC7�)C) 11W 111) PIO As>yFri Fri er,rlcaI 'i4CCC ITS MOB 088 80khm Mod(silver) ,'xrardwd sN'rthoiW sNirlr y 42>PP aria Shay lA/fi',tlf',CI�,C; 11W 1 1 1) 4/CI 11000 ITS MOB 0.88 ?r,urlr,.r r Mod(silver) S nrs�VnrsV sNirhrn.ar sNi qj IlliarninntJcrn �������IIIIIIII VIII 1P1iB1uli1" MW WEl00,WV01,WesdCM,WE3 011,WEf00,WE;o/,WexSI'SCI,Wex il'I,w 45'4,WE3;"4511,Wexi450&WE,'4'5/(Mo;,.I''i) 11/r)5S("I 1 /00 1G ''.CI 1/9511 C I':1 /CIC 1511 11120 IE3 /oO 42 111.'.(1 I12 1/9511I.)AI1 /CIC 1511 11120 IE3 .)11V'1 /0101 2.5 1112 CE3 1/E25111.)11 1 /CIC 1511 11120 IE3 /CI0 1(i G 11/9(M[)AI I70101 IG/ el 70101 50 18 vu mu smp ��� �IIII ��III���������������������������������������I�I IIIIIII IIII IIIIIIIII IIIIIII�I�I IIII�I VIII I�I�I IIII 1111111 IIID IIIIIII III IIII�I Iii II Ilmll III III II 111111 IIIIIII II IIII IIII 111111 VIII II II(IIII VIII III VIII IIID (IIIIIII(IIII IIII@(IIII MWIIIIIIII X1111 IIII IIIIIII Wex 6E3"S,WEx 1 R WSMA WE3;de5CI,Wex"4E,>/,Wex'4E3'I,Wex`SEIC,WV91,WV4,WW911,WW490 h-WWS9/(Mo Yd 1/951(1111 450 20 11'.'.01 11 1/9511(I':I '.t5 11120 41501 '.CI 1/955 1.)AI 1 110 11120 1/955 .)1 V'I\A ,:f 1:501 111 I 112 0 cl,1 450 20 57 11 1/901 .)A1...1 king fishedighting.com "Y1623 415900 sa�es@�(ir)gfisl)er�igl)tir)g.cary-� KF I I I C)VL:RSIC)LI t kyA(E t3 0 4 461.,L,e s s:-)r I e s / 0 ris ARCIUCE RCA1:1 See sIl)e uliic„d(a)in ualkrllr C;arloa.ur ar,rr7pr:urat urr:u option I)OOOK availa blr:u AIIS1II w1161 ,aairk:,ss,ar,�:or,l pE:. 1 qr ,%l��A (""wlC"9010) 0 1"arli,hr:uri arrpr:rr,Vrir:ur a;oatrd Allsll1 12 3161 tairllr,, ,ar,r:ul visor Carr .I11 ito 55 a.alrrolly( "90"7I. 31:1/W9072 112) i �� 00� ell l�l ` 50 kingfusCtiedighting.r:orn 01623415900 sa�es@(ir)gfi l)er�igl)tir)g.r:o ru-n LIGHT FIXTURE #5 0",'d'ii1 Catalog Number �mmuumiim� Notes FEATURES&SPECIFICATIONS INTENDED USE—OurrecessedLEDmoduleisthemosteconomicalmeanstocreateawelllitenviron- Type ment with exceptional energy efficiency and near zero maintenance.Great for retrofit into existing downlight cans or new construction and remodel applications.Adjustable torsion spring and retention allows fitment into many 5"and 6'cans.The LED module maintains at least 70%light outputfor 35,000 hours.Indoorand Outdoor Use. LED Recessed Downlighting CONSTRUCTION—Aluminum spun reflector with deep baffle configuration for reduced glare. Combined LEDand usedleverprintedcircuitboardattached.Innerreflectorconefunnelslightthroughthe 65 B E pressed in diffused lens. � P� i OPTICS Diffused lens atendofmixingchambertoprovide even lightdistributionforgeneralillumina- // / tion,egmvalentto65WBR30lamp. ��' ���"�"P'T�-✓ Wide flood beam angle at>45'. ELECTRICAL—Center2 Edge'"(patent pending)technology created fora single pointsource.Primary 5°/6"LED Module power disconnect provided for simple connection to a dedicated LED connector in the housing. Dimming down to 10%.For compatible dimmers,please refertothe charts below. IC/Non-IC 711L-lumen E series has an input wattage of 11.9 watts,60 lumens per watt,equivalent to 65-watt Retrofit incandescent. xoH VIII ��iougJJ E Series'patent pending driver has zero inrush,which allows power Toads to be calculated with actual tu" illllll xss � �w����l�°x ail I�llilli��om� LOCATION," rated wattages. LEI1fBI'� l��l" Example:54 units of65BEMW LED fixtures can be installed in line with a 600-watt dimmer.600W/11.9W —54fixtures. INSTALLATION Suitable for installation in standard and shallow-height rough-in sections. E26 socket adapter ships standard. Twin torsion springs ensure easy Installation for 5"and 6"recessed housings. LISTINGS—CSA certified to US and Canadian safety standards.ENERGY STAR®qualified.Wet location E26 adaptor listed.WSEC ASTM E283 for Air-Tight(with IC housings). (included) WARRANTY—5-year limited warranty.Complete warranty terms located at: www_acuiV brands.corm/CustonterResources/Terns and conditions.as x _Y._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._.1._ NOTE:Actual performance may differ as a result of end-user environment and application. 2-3/4 All values are design or typical values,measured under laboratory conditions at 25°C. Specifications (7.1) Specifications subjectto change without notice. Aperture:5-5/8(14.3) PATENTS PENDING. Ceiling opening:Determined by rough-in 5-5/8 Overlap trim:7-5/8(19.4) (14.3) Height:2-3/4(7.1) jig 4) All dimensions are inches(centimeters)unless otherwise indicated. IIIII1r,1111,d� t,"?ii�Z6hoRlll.Forshortestleadtimes,configureprod uctusingbolded options. Example:65BEMW LED 27K UXLED T24 Series/Rnish Lamp CCT/CRl/W/Lumens' Voltage Housing options 65BEMW 5"/6"Baffle LED module, LED 27K 2700 K/82CRI/11.9W/640L (blank) 120V L7XLEDT24 6"new construction rough-in LED base mattewhite 30K 3000 K/82CRI/11.9W/687L L7XRLEDT24 6"remodel rough-in LED base 40K 4000K/82CRI/1 1.9W/711 L LC6LED T24 6"new construction rough-in LED base 50K 5000K/81CRI/10.6W/780L L7X 6"new construction rough-in Z 27K90CRI 2700 K/93 CRI/10.3W/650L MR 6"remodel rough-int 30K 90CRI 3000 K/93 CRI/10.2W/733L L7XP 6"new construction shallow rough-in Z 40K90CRI 4000 K/93 CRI/10.3W/808L L7XPR 6"remodel shallow rough-in t LC6 6"new construction rough-in z HL LED 27K 2700K/80CRI/11.7W/1090L LCP 6"new construction shallow rough-in Z 30K 3000K/80CRI/11.9W/1100L L5LEDT24 5"new construction rough-in LED base 40K 4000K/80CRI/11.9W/1110L L5RLED T24 5"remodel rough-in LED base L5 5"new construction rough-in z 1.511 5"new construction rough-in Z Accessories,oraerasseparatecatalog number TSA6 6"torsionspringadaptor Notes 1 Total system delivered lumens. 2 Must be ordered on a separate line. 1)[1WIT KNITTING 651111:1 11) LIGHT FIXTURE #6 Kingfisher Lighting atan��� Tito ..ru-oto is a compact stainless s str;:pel at.;t.;r;:prnt lurni naim Which deliver's perfect � i highlighting. l t cornes Grn ttn O sizes and IRGIB op do ns.� .The high 111D, it'a-ting allows Titoto be SUbrnef,ged tip to rrn. e y h�eailtles l i Lo 2"r:R"o 200 2 �� �� II Vag l r.:2 116'P �,ap.6'P IN 21 1 111: 11 iLo urur:°00 u!ru`0 • 3,1) lrrn/\(II Ito bb)r 100rrnA(Il i�to 3t',$( • PoWr:P` Tito Ib� 1W Tito rl�l'�114w(3w [Efficacy "y uirnniirnaaiiire Ilrn/" (Illit()25), 1142 Ilu.uirnniiinaiire Irrn/W (II Iter //� 10P' 400 „ ) 1(Ilitar2;)) • I Ik'tirrnr, G1,G�.00111" 180 WB ywri i "u Wall Y"rnarnllrltr!;r'1 �� � Tito:'!3 rit�.i'3 • CyttI3 Option (If ito;rb) au i'Pa'rnll � P��P�,G �,IIIP�,G'� p pp • 'a,r�nar t > II<C)£ II<1C) IIIIIIII 3111' Ih°e II tr G P 11/r VV � " .... .. 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Ila IM11 ka6:u Caa�aa NEa of para:during dopa to 200 I up to;1C1G1 UIr°rairls at (du'100K wit �a CCR11 , 80(Il ito 3;)(aand �, Iduraaa;�r'1�at SPG Y)EMs at 4000K With as C111 , 10(II ito —"49 52 II `)Eu lurnirmira:u Will Na raatEd W III168 and IIK10(II ito 2W1( 77 ss a1 and K08(II itch W1W1(. 9110,5 010.5 II 916 E3-06 24 24 lro 25 wIrh spIko ito 55 wIrh sslpIko. 55 7776 94 �l o �I Spec I c at (J1,15 a,1gh't: 0.5,ua .5�r c) ( IING:'S 2u�) All iaril'ts of rneasisrerne.rrt In Frim. 11 1� �, MV1ta:VI"Ia11 ,31101 ,aaainl :,SS,aa:u6;1 Paint 1 inn Y 3taalrl a:VSS Sta,a:l I a/E:H Iluuld��kNNCdhC � ((9� „IIIIIIHINu�IIIIIIIR� 2flIV�gI��pN�R�NN� pd�tlN� J N KN�ntl�nnDuuuugNuu NNryd r,�p d�"n kkC� 1N��8�k'a a N�kNNwH'ti'NgbNlCgd W836O-30 SC 2W LED 180 AsynnunnueitnuoaV 3000 IP68 IK10 0.50 StaunVeiss steel(sHver) Standard wutlhouut wurung 22°one-way A/ri',r,1 'iSCJ�)C) 2.W I 1 s 200 iflu rnInatuoan 1000 11108 11110 0.50 s; �tunlC..r,rss'ts.cl(ssllve,r) srordo[d vNI'Y,hcrrlrrNirinr;,y iffl�)C) 2.W 111) 150 AsyFri Fri arricoI 1000 II108 11110 CSC) sroIrloss srool(silver) srordo[d wIrhoisr wI[Irir;,y ,11"One way fAlFM64 11SC7�)C) "W 111) 1/C II 1mInorIon 1.000 11108 11110 C)50 s; 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IIID VIII'° VIII IIII' \N(flh I LlIgHl I luiql I I x[Lil"'1011 NO Or I W11)", IIy1111Y17er. 9 15.25 3.5 1 L-Md-R075-72 I lughd Ad]u'dahle Mill Ovurall I lughd Max0vurall I lughd S,101%r. MaxI W11) "OokO No No MMage Wiru I LiqUi Ohnill I LlIgHl Sofdclu[y,(�nhle N u IWu q I 1 38 Led I�11-Tirunhlu I,n I I n'd R�flud I fu 111,11docull I a I-T I I-) 7 No 4.41 1 lours I Cluded 111cluded 0niiajpy W(Wh 0nilajpy I ILIghd (�nilajpy I LlIgHl Yes 30000 N Yes I I I)I 1 01 uded (�0101, I LI-T I p OW 1111hal I ul-Tiell", I�Llivurud I ul-Tiel N I,nckjplrflu\N(flh I;nckjplyflu I luiql d (�LikrIo Lu1c (�Likr lu 1,OHOI-Ti Yes 3000 83 769.890 563.000 ................................ 5.00 9.00 7.63 7.63 VIII VIII VIII VIII'°°� VIII VIII IIII' (�niloii W(Wh (�niloil I lughd (�niloil I LlIgHl I kscnjphoil Mlurinl 13.380 8.880 20.000 Glass (�n I o i i Wu q I i (�niloil(�ul)H I ueR `'l-Tiall I lackage S'llippahle Il NO UunidHy 6.140 1.375 Yes PG1207-1 Mn dur Pack W(Wh Ma"flur Pack I lughd Mndur Pack I LlIgHl \N(flhr. I luiql I L.0lIgHl 8.50 1.02 14.50 Mn dur Pack Miqld IMwflur(�uhic I Ld Multi I lack Mndur I lack UIL D 'ADA" I H H ,!\L:)A WO I ocnhoii 1 11 kiluk (�Orujplinid Yes Yes Yes Yes For ddit—1 inform ti.n,please contact Customer Care1-800-221-7977 Pmductd.p,ct.d.nthis spec sheet,sp,.t.ct.dbyUn,t.dStates F.d..I.nd/.,State laws,ncl.d,ngUSPatent,T,.d.m.,k.nd/.,C.pyr ghtend unf.,,c.mp.t,t,.nlaws.Un..th.,,z.d.p,.duct,.n.,use Genies severe legal penalties Rev 12 31 2015 LIGHT FIXTURE #8 King fisherI Lighting Lunio LuLulrlio is an dega nt LED arrnelrlity kurrniInair'e, Which can be colurnn OrWa lkrnournted. it cornes With a radial or,tI rrae..Wa dis-tr.ibution which r"rnake s it ideai for,pa—ths and par,ks as Well as ur-ban ar-eas,. 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Chairman Larson called the meeting to order at 7:00 p.m. Present: Chairman Larson, Commissioners Goodman, Hadrits, Krakowski, Mino, Steinwall, Welty Absent: Council Representative Junker Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of September 20, 2017 meeting minutes Commissioner Steinwall questioned the word"Possible" in the subheading on this section of the minutes. City Planner Wittman explained that the subheading in the minutes reflects the subheading on the agenda. Motion by Commissioner Welty, seconded by Commissioner Mino, to approve the minutes of the September 20, 2017 meeting. All in favor, 7-0. OPEN FORUM There were no public comments. CONSENT AGENDA Case No. 2017-36: Design Review Permit for the site alteration of the structure located at 227 Main Street South. Neon, LLC, property owner and Brad Smith, representative of Traditional Construction Services, applicant. Motion by Commissioner Hadrits, seconded by Commissioner Krakowski, to approve the Consent Agenda. All in favor, 7-0. PUBLIC HEARING There were no public hearings. NEW BUSINESS Case No. 2017-32: Design Review Permit for an addition to the Water Street Inn Hotel located at 1.01 Water Street in the Central Business District. Chuck Dougherty,property owner and Roger Tomten, ARCHNET, applicant. Heritage Preservation Commission Meeting October 18, 2017 City Planner Wittman explained that in December 2013, the Heritage Preservation Commission reviewed a concept design for an addition to the north end of the Water Street Inn. At that time the Commission commented on the ornamental tower, the setback from Myrtle Street, the overall architecture and signage, and discussed requirements of the previous addition that were not consistent with HPC approval. Since the HPC's review in 2013, the applicant has obtained the following approvals from the Planning Commission, or by City Council-approved appeals: • A special Use Permit for the construction of a 20-room hotel addition with seasonal rooftop dining; and • A 15' variance to the 15' Front Yard Setback from the northern property line along Myrtle Street; and • Variances for the tower height: a) a 6'4"variance to the maximum Central Business District (Parkside) Height Overlay District regulation for a clock tower(50'8" above main floor); and b) a 25'10"variance to the maximum CBD (Parkside) Height Overlay District regulation for the installation of a steel tower frame (70' 2" above main floor); and c) a 37'10"variance to the maximum CBD (Parkside) Height Overlay regulation for the installation of a tower mast(81'10" above main floor); and d) a 10%variance to the CBD Height Overlay District to allow certain rooftop improvements on the addition to be 48', 20% taller than that portion of the existing structure that is currently 40' in height. Ms. Wittman stated that additionally, the City Council has approved a Tax Increment Finance (TIF) Agreement and a Development Agreement for the addition. Conditions of approval require the addition to be completed by July 1, 2019. The applicant is requesting approval of a Design Permit for Site Alteration in the form of rooftop improvements, to include an enclosed bar and kitchen, service station and storage area, two restrooms, an elevator bulkhead and enclosed/covered lobby, and two sets of stairs. The three-story addition to the north end of the site is proposed as follows: the first story will be constructed of St. Croix Valley buff(Rivard) stone split face random coursing (6-12"in height). The second and third stories will be brick to match the original, historic structure. The applicant has indicated pre-finished metal panels, pre- finished cap flashing, integral color concrete masonry units (CMUs), and 6"lap cement board siding will be utilized, but no material samples have been included in the application submission nor are the locations of those materials located on the plans. Furthermore, the applicant has not indicated materials to be used for the windows, enclosed rooftop improvements, clock tower and mast. On the basis the applicant has not submitted details of the materials and their location, coordinated lighting, sign and landscape plans, staff recommends that the HPC table consideration of the application and request the applicant to submit additional materials for determination of Downtown.Design Review district and Site Alteration.Permit compliance. Chairman Larson asked the applicants to explain what has changed since 2014. Roger Tomten, ARCHNET, stated that the biggest change is the rooftop patio. They have reduced the seating area on the roof and added enclosed kitchen space and two restrooms. The handicap ramp on the Myrtle Street side has been tucked under the building. On the east side, to meet code for handicapped egress, a ramp has been incorporated into the existing patio. They are talking about covering that ramp section with metal standing seam material, and incorporating a skylight and garage door elements between the columns so the patio space could be seasonally enclosed through the cooler months. Details will be submitted later. Window placement and the main entrance are unchanged. Mr. Tomten presented the updated plans and offered to explain the colors and materials proposed for the exterior. He stated they are getting too crunched to start construction this fall so they will start construction in the fall of next year. Chairman Larson remarked that, especially if the garage door coshes down, it will be a considerable change from what the building looks like now. Mr. Tomten responded that the door would have a very simple industrial look. There will be a few minor window tweaks but for the most part the design is same as the one reviewed previously. He showed brick Page 2 of 8 Heritage Preservation Commission Meeting October 18, 2017 samples. They plan to use precast concrete for window sills and headers in a color to match the buff color of St. Croix stone. Chairman Larson asked if the CMU and metal panels will be visible. Mr. Tomten replied there will not be any exposed CMU. The only other material will be a gray-toned E1FS material with a pebble finish on the roof elements of the stairwell and elevator shaft. The tower frame will be steel. The lower portions will match the green of the hotel. The storefront at street level will be a basic black storefront. The steel tower frame and the mast above will be black. The idea of the tower is to replicate the original clock tower. The form and mass are very similar to the original clock tower but the detailing is different. Chairman Larson commented that this building has more visual impact than most. Because the applicants received permission to push the building to the north property line where it historically was, the view of the river looking down Myrtle Street toward the gazebo will be half blocked by the tower and the building. Historically it was a significant building with a big public function. Now it is a private hotel. Mr. Tomten responded the tower is meant to be seen just as the historic clock tower was meant to be seen. He stated that Myrtle Street from Water Street to the River was never platted as a street. Owner Chuck Dougherty added that he gave 2.5 feet back to the City on the north side to make this design work. Mr. Tomten stated that the inspiration for the open frame was a similar historic project involving Benjamin Franklin's home in Philadelphia. Mr. Dougherty added that they have located the weathervane that was originally on top of the clock tower and hope to get it back. Commissioner Hadrits commented that the tower has an unfinished appearance due to the openness. She suggested if it is meant to mirror what was historically there, the applicant should look at enclosing it like the original clock tower. Chairman Larson agreed that the tower looks like part of a structure that is unfinished or was burned away. He recognized that most people who see it won't know the historic reference to the original clock tower. Commissioner Welty said she would prefer the tower had some weight rather than being transparent. Beth Diem, ARCHNET, told the Commission that per building code, it can only be an open structure - there is no option to enclose it. Commissioner Mino stated that from a design perspective, it's mashing styles together. She has a hard time with it. The building that it was originally on was completely different. She feels the tower is being added to a building whose architectural style wouldn't have called for it originally. Chairman Larson stated if the Commission decides to table this case, they should give the architect and owner enough direction so they can return with an alternative design that responds to the comments. He has few immediate issues with the rest of the building. Commissioner Welty asked about the trees on Water Street, referring to resident Cameron Murray's concern about pedestrian space. City Planner Wittman replied that staff does not have those details yet. Page 3 of 8 Heritage Preservation Commission Meeting October 18, 2017 Ms. Diem stated that the tower design was introduced by her husband Mike Diem, who passed away last December. He intended to create a modern look with a nod to what was there historically, not to replicate exactly what was there. The architects are all trying to see his vision for the open framework. Mr. Tomten added that the design team tried to focus on what is "vernacular Stillwater"hence the stone base, arches, and brick detailing which they feel are modern but integral to what Stillwater is all about. Chairman Larson reiterated that he doesn't have issues with the bulk of the building,but with how the cupola is treated. He would like to see some alternatives for that corner, either more completely finishing the framework or eliminating it in favor of something completely different. Mr. Tomten asked for more clarification regarding what the Commission would like to see changed- design, massing, materials, or all of the above. Commissioner Hadrits said the fact that the tower dominates the skyline of all three buildings, including the historic building,bothers her. She feels it should be more in keeping with the buildings and not stand out as much. The scale feels wrong. Mr. Dougherty emphasized that the clock tower is an important element. He said that anybody who has seen the drawings has commented that the clock tower is really unique and makes the project. He urged the Commission to remember when the lumberman's exchange building was built, the clock tower was sitting on that same spot. Commissioner Goodman remarked that it was a separate building, at the time. Commissioner Welty stated that the vertical alignment is a good accent to the corner, but the armature on top doesn't appear to relate to the structure below. She would get rid of it or give it more weight. Mr. Tomten suggested it may be possible that the two dimensional drawings are not showing the three dimensional reality of the tower. Chairman Larson summarized he is hearing concerns about the style and also the unfinished Look of the tower- two different concerns. To address the latter concern, he suggested the architects consider something like an open mesh, still open to elements but with more substance. He also suggested the architects design a version without the tower. Commissioner Hadrits asked if the the tower could be enclosed if it were not as high. Ms. Diem replied that the building code allows what's defined as a tower to be a certain height. They are allowed to have 4 stories on the building with the exception for the tower, but it has to be non-combustible. To remove it probably isn't an option because the City Council already approved the idea. She can understand Chainnan Larson's suggestion of trying to enclose it more. Motion by Commissioner Hadrits, seconded by Commissioner Mino, to table Case No. 2017-32, Design Permit for an addition to the Water Street Inn Hotel, 101 Water Street, to request alternative stylistic, scale and optional designs for the tower mast, details on lighting, landscaping, signage, and changes that were presented in the meeting. All in favor, 7-0. Case No. 2017-33: Design Review Permit for storefront remodel for the property located at 232 Main Street South in the Central Business District. Yanni. Abotbul, property owner. Page 4 of 8 Heritage Preservation Commission Meeting October 18, 2017 Ms. Wittman stated that the applicant is requesting approval of storefront construction and other fagade alterations to the structure located at 232 Main Street South, a noncontributing building in the Commercial Historic District. The applicant submitted two designs previously, and today has submitted a third, new design involving bronze aluminum framed windows taller than the existing windows, 84" tall and 100" wide. There will be two separate windows in each side of a double door. The existing canopy frame has been removed and retained. They propose to reinstall the canopy frame at the same level as in the antique store next door and carry it across. No signage is proposed as part of this application. Staff has not had time to analyze the new design in relationship to the other two previously submitted designs. Clearer detail and a scale drawing of the building and the windows is needed. Mr. Abotbul stated his intent is to make the windows higher and position the canopy higher to make it line up with the neighboring green canopy. Chairman Larson asked Mr. Abotbul if a transom with three sheets of glass could be added, as proposed in the first design. Mr. Abotbul replied he could comply with that. Motion by Commissioner Welty, seconded by Commissioner Hadrits, to approve Case No. 2017-33, Design Permit for storefront remodel for 232 Main Street South with the three conditions recommended by staff, using the design submitted the day of the meeting, with the additional conditions: 4) the design shall consist of three window bays on each side of the doorway with transoms above; 5) reinstallation of a black canopy on the existing frame is possible; and 6) signage will need to come back for review and approval. All in favor, 7-0. Case No. 2017-34: Design Review Permit for facade painting and new business signage for the property located at 215 Main Street South. TimothyP ,ellizy, representing South Upton Properties,property owner and Gary Siryor, applicant. City Planner Wittman stated that Brick and Bourbon is planning to move into the structure located at 215 Main Street South, a contributing building to the National Register listed Stillwater Commercial Historic District. The applicant is proposing to make changes to the structure which include: 1. Painting to include: "Otter Brown" on all main portions of the building containing wood, including rear fagade lap siding; and "Dark Gray/Black" on all existing wooden trim (including all second story window trim areas that are currently green); and"Plum" on all accent areas, including kickplate, above the doorway and arched, metal awning on second story. Exposed brick and stone will not be painted. The applicant interjected that they will do their best to maintain and paint the detailed wood above the windows,but the wood is rotting and may need to be replaced. City Planner Wittman responded that if it is just replacement, that would be considered maintenance and would not come before the Commission. Ms. Wittman went on to explain the rest of the request. The following signage is proposed: A three- dimensional,projecting sign on the front facade that would consist of a wooden whiskey barrel lid 26" in diameter with the applicant's logo burnt into the wood. While the applicant has submitted several concept designs, the logo had not been determined to the date of memo development. The sign is proposed to hang from the existing black metal arm. A rear entrance wall sign is proposed to be hung on the rear stairway. The applicant has shown two different design renderings but neither of these are scaled, include the applicant's logo or are in a finished format. On the basis the building painting and projecting sign are in conformance with the Zoning Code and Downtown Design Review District guidelines, staff recommends approval with seven conditions. On the basis there is not enough information to determine if the rear entrance sign is in conformance, staff recommends tabling the approval of this sign until the design is complete. The Commission should direct the applicant to submit scaled plans, to include the size and dimensions, the materials and colors, as well as the location of the sign. Page 5 of 8 -t" I 1wa ter r Y iV E,. E9 I W T H A I.,...E- 0 i- M I N N f- S 0 A HERITAGE PRESERVATION COMMISSION MEETING DATE: October 17,2017 CASE NO.: 2017-32 APPLICANT: Roger Tomten,ArchNet,representing Chuck Dougherty,St. Croix Preservation Inc.,property owner REQUEST: Consideration of a Site Alteration Permit for a 20-room addition to the Water Street Inn,located at 101 Water Street South in in the Downtown Design Review District and the Commercial Historic District ZONING: CBD-Commercial Business District COMP PLAN:DMU-Downtown Mixed Use PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND In December 2013 the Heritage Preservation Commission reviewed a concept design of an addition to the northerly end of the Water Street Inn. At that time the Commission made comment regarding the ornamental tower,the setbacks off of Myrtle Street,the overall architecture and signage, as well as discussed requirements of the previous addition that were not consistent with HPC approval. Since the HPC's review,the applicant has obtained the following approvals from the Planning Commission, or by City Council approved appeals: • A special Use Permit for the construction of a 20-room hotel addition with seasonal rooftop dining; and • A 15' variance to the 15' Front Yard Setback from the northern property line along Myrtle Street; and • Variances for the tower height: • A 6'4" variance to the maximum CBD (Parkside) Height Overlay District: regulation for a clock tower (50'8" above main floor); and • A 25'10" variance to the maximum CBD (Parkside) Height Overlay regulation for the installation of a steel tower frame (70' 2" above main floor); and • A 3710" variance to the maximum CBD (Parkside) Height Overlay regulation for the installation of a tower mast (81'10" above main floor); and • A 10% variance to the CBD height overlay district which would allow certain rooftop improvements on the addition to be 48', 20% taller than that portion of the existing structure that is currently 40' in height. 101 Water Street South Case 2017-32(10/18/2017) Page 2 of 8 o The rooftop improvements include an enclosed bar and kitchen, service station and storage area, two restrooms in addition to an elevator bulkhead and enclosed/covered lobby, and two sets of stairs Additionally,the City Council has approved a Tax Increment Finance (TIF) agreement as well as a Developer's Agreement for the addition. Conditions of approval require the addition to be completed by July 1,2019. REQUEST The applicant is requesting approval of a Design Permit for the Site Alteration of the existing structure located at 101 Water Street South. SUMMARY OF WORK PROPOSED The applicant is proposing Heritage Preservation Commission consideration '" of a three-story addition to the north end of the site. The first story will be constructed of St. Croix Valley buff (Rivard) Stone split face random coursing(6-12" in height). The second � and third stories will be a brick to match the original,historic structure and as shown to the right. p The applicant has indicated prefinished s f metal panels prefimshed cap flashing integral color concrete masonry units (CMUs), and 6" lap cement board siding will be utilized but no material samples have been included in the application submission nor are the locations of those materials located on the pians. Furthermore,the applicant has not indicated window, enclosed rooftop improvements,clock tower and mast materials. APPLICABLE REGULATIONS AND STANDARDS The standards for review of a Design Permit require the Commission to review the project for conformance with the following Downtown Design Review District guidelines: SETBACK ■ Infill buildings shall be built to the Main The proposed addition will match the existing Street front property line...exceptions may eastern and western setbacks. On north side, be granted if the setback is pedestrian however,the structure is proposed to very close orientated and contributes to the quality to the property line. This property line lines up and character of Main Street. with the centerline of Myrtle Street East. As ■ No side setbacks are allowed unless next to noted, a variance was obtained for the location a public pedestrian way. of the structure to be 15' from the northerly property line. 101 Water Street South Case 2017-32(10/18/2017) Page 3 of 8 A 4' sidewalk is proposed on the north end of the building. PROPORTION • The proportions...should be sympathetic to The overall proportion of the building is similar the proportion of their neighbors. to the 1995 addition and the original ■ Break up building masses into units of scale Lumberman Exchange building. that relate to adjacent structures. ■ Design facade details,window openings and entries to conform to approximately the same proportional patterns of adjacent structures. HEIGHT • The heights of new buildings shall conform The structure will be 20% taller than the 1995 to the average height of buildings on the addition. As noted, a variance was obtained for block street face. this. Additionally,variances were obtained for • The height of new buildings shall the clock tower and mast. be...within 10% of existing adjacent buildings. Floor lines will match up as well as the rooftop ■ Proposals should strive to maintain compatibility with adjacent cornice lines, railing with the parapet of the 1995 addition. floor to floor heights where these are Rooftop improvements will be, up to, 12' taller strongly expressed...and any other elements than the existing hotel directly adjacent. which serve to unify the street elevation as a whole. PARKING ■ Every effort should be made to The applicant has a private parking lot, across maximum...space directly on Main Street Myrtle Street West. Additionally,the applicant and locate parking behind the buildings. will purchase parking permits from the City. ■ Parking lots should be screened from the street. REAR ENTRANCES ■ The rear facade...should be clean and well The hotel will be shifted,with the primary maintained...display windows and planter entrance being relocated to Myrtle Street. The boxes can improve...appearance. Chestnut Street entrance will become a primary entrance for the restaurant. ROOFS ■ Infill building roofs...shall articulate the Both structures are proposed to have a flat roof. rhythm of the building. As noted,rooftop improvements were ■ Roof edges should be related in size and permitted by variance. proportion to adjacent buildings. UTILITY AREAS AND MECHANICAL EQUIPMENT ■ Screen exterior trash,service yards,loading Rooftop mechanicals are proposed to be located areas,transformers and air conditioning between the new parapet,the existing 1995 units. addition, as well as seasonal restrooms. Details ■ Use architectural elements to screen of whether they will be screened from public mechanical equipment. view from Water Street have not been submitted. An overhead garage door is proposed for all 101 Water Street South Case 2017-32(10/18/2017) Page 4 of 8 trash and recycling. The existing enclosure is proposed to be utilized for bicycle storage. DETAILING,FACADE OPENINGS,AND MATERIALS ■ ...architecture should reflect some of the While the applicant depicts openings relative to detailing of surrounding buildings in the existing structure on the east elevation,this window shape,cornice lines and brick is not carried around to the west elevation. work. Units directly adjacent to the 1995 addition will ■ The size and proportion of windows and have a similar look (of a window and a door) door openings...should be similar to those on the adjacent facades. but the window size is not consistent. ■ Recessed entries should be...required in new storefront construction. As noted applicant submission is lacking on ■ Painted wood doors and wood framing are details and materials. preferred. ■ facade should be composed of materials similar to original adjacent facades. ■ New buildings should not stand out against the others but be compatible with the general area. COLOR ■ The color of buildings should relate to the The applicant has shown a red brick and buff adjacent buildings colors to create a colored stone. The use of Hunter Green is harmonious effect. noted but the submission is not the most specific to where and how it will be used. LIGHTING ■ A coordinated lighting plan should be A coordinated lighting plan has not been submitted for review with building plans. submitted for the exterior facade,rooftop,etc. Provide information on each individual light fixture proposed,including fixture sections,lamp type and wattage. ■ Lighting fixtures should be concealed or integrated into the overall design of the project.The light source should be hidden from direct pedestrian or motorist view. ■ Unshielded wall pack light fixtures are not appropriate. AWNINGS ■ Fixed awnings should mimic the profile of HOTEL operable units(one to one pitch). A flat awning is proposed over the hotel's new ■ The emphasis of the awning should remain main entrance. Second story balconies will one of shelter and protection,rather than serve as awnings for lower floor tenant spaces signage.In keeping with this,the awning on the east facade. should be loose and flowing,not stretched tight,subtle and subdued in color,not bright,extending well out over the 101 Water Street South Case 2017-32(10/18/2017) Page 5 of 8 sidewalk,not a mere window dressing. ■ The use of water-repellent or vinyl-coated canvas is in keeping with awnings of the time.Plastic or aluminum awnings or canopies are not appropriate. SIGNS AND GRAPHICS ■ Signage should be located in such a way as No sign plan has been submitted. to not obscure any architectural features of the building. ■ The storefront sign should be used to display the primarily name of the business only.Use only one line of lettering if possible,leaving out secondary information. ■ Use simple,bold lettering with sufficient contrast between the lettering and the background. ■ Multiple-tenant buildings should submit a Sign Package that includes building elevations(drawn to scale),sign types, locations and sizes. Do not put up signs piecemeal.View the building as a whole and plan a unified design strategy to take advantage of all possible sign locations. ■ Tenants and owners should use a common lettering style and color scheme on the building ■ Use painted wood where practicable.It is the authentic material and will look appropriate against the weathered brick of Stillwater's commercial facades LANDSCAPING ■ Highlight important architectural features Five street trees are proposed on Water Street. and structures by use of distinctive No additional landscaping is proposed as most landscaping. of the site is hardscaped. • Visually and physically buffer parking lots from adjacent buildings and pedestrian walkways with groupings of plant materials. • Frame and edge existing and proposed building where feasible with appropriate types of plant material to achieve human scale. • Carefully locate street trees and shrub plantings with the downtown area to buffer and separate walkways from traffic. Create shade where needed for pedestrians 101 Water Street South Case 2017-32(10/18/2017) Page 6 of 8 establish more clearly defined pedestrian use areas. • Provide canopy trees to shade parked cars, but establish where practical.Tree planting in parking lot islands will reduce heat gain and should be encouraged Any remodeling,repair or alteration (including paint color) that will change the exterior appearance of a heritage preservation site necessitates a Site Alteration Permit'. The permit review standards for a Site Alteration Permit are found in City Code Sec 22-7,Subd 6(3). The following guidelines are specified for use in evaluating applications for Site Alteration Permits: Every reasonable effort shall be made to The addition will have minimal effect on the provide a compatible use for a property which existing Water Street Inn. During requires minimal alteration of the building, construction, a fire escape will be relocated to structure or site and its environment or to use the eastern side of the existing hotel addition. a property for its originally intended This fire escape will be removed once the hotel purposes. addition is complete. The distinguishing original qualities or The applicant is proposing to retain all character of a building, structure or site and its original historical and architectural features of environment shall not be destroyed. The the hotel. removal or alteration of any historic material or distinctive architectural features must be avoided when possible. All buildings, structures and sites shall be Alterations and additions are contemporary in recognized as products of their own time. nature,blending newer infill development Alterations that have no historical basis and with the historic features. which seek to create an earlier appearance shall be discouraged. Changes which may have taken place in the Additions and alterations to individual course of time are evidence of the history and historical portions of the site compliment the development of a building, structure or site adjacent features. However,the applicant is and its environment. These changes may have proposing new materials that may not be acquired significance in their own right and consistent with the materials used on the this significance shall be recognized and previous addition(such as metal,cement respected. board siding, and CMUs) Distinctive stylistic features or examples of No changes to the existing structure will skilled craftsmanship which characterize a occur. building, structure or site shall be treated with sensitivity. Deteriorated architectural features shall be All existing exterior materials are proposed to repaired rather than replaced,whenever be retained. A Site Alteration Permit is a sub-type of the Design Permit(Sec 31-209(c)(1)). But,the Site Alteration Permit has more exacting review standards(Sec.22-7, Subd 6(3))than a routine Design Permit. 101 Water Street South Case 2017-32(10/18/2017) Page 7 of 8 possible. If replacement is necessary,the new material should match the material being replaced in composition, design,color,texture and other visual qualities. Repair or replacement of missing architectural features must be based on accurate duplication of features, substantiated by historic,physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. The surface cleaning of structures shall be The application does not indicate cleaning will undertaken by the gentlest means possible. occur. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. Contemporary design for alterations and Contemporary alterations and additions are additions shall not be discouraged when such compatible with the overall site design,not alterations and additions do not destroy destroying the significant historical, significant historical, architectural or cultural architectural and/or cultural material of the material and such design is compatible with site. the size, scale,color,material and character of the property,neighborhood or environment. Whenever possible new additions or The additions proposed,if removed from the alterations to structures shall be done in a structure at a later date and time,would not manner that if the additions or alterations comprise the essential form and integrity of were to be removed in the future,the essential the structure. form and integrity of the structure would be unimpaired. ANALYSIS While the setback,proportion, and height may not be consistent with the Downtown Design Review District guidelines,the Downtown Height Overlay, as well as the setback provisions found in the Zoning Code, variances were obtained for these improvements after the HPC's primary review. Details regarding utility and mechanical equipment, detailing,facade openings,materials,color, lighting,awnings, signs and graphics, and landscaping leave a lot more questions that provide answers. Staff is unable to determine if the application conforms to all design review guidelines. ALTERNATIVES The HPC has several alternatives related to this requests 101 Water Street South Case 2017-32(10/18/2017) Page 8 of 8 A. Approve,whole or in part. If the proposed application meets the Site Alteration Permit standards, and the downtown design review district guidelines,the HPC should move to approve Case No. 2017-32,with or without conditions. B. Deny- If the HPC finds that the proposal is not consistent with the Site Alteration Permit standards, and the downtown design review district guidelines,then the Commission could deny the request. With a denial,the basis of the action is required to be given. Furthermore, a denial with prejudice would prohibit the applicant from resubmittal of a substantially similar application within one year. C. Table. If the HPC needs additional information to make a decision,the requests could be tabled. FINDINGS AND RECOMMENDATION City Code Sec 22-7,Subd 7 identifies the following findings need to be made in order to approve a Site Alteration Permit. They are reproduced and analyzed below. New buildings shall not materially impair the architectural or historic value of buildings on adjacent sites or in the immediate vicinity within the historic preservation site. On the basis the applicant has not submitted details of the materials and their location, coordinated lighting, sign and landscape plans, staff would recommend the HPC table consideration of the application and request the applicant to submit additional materials for determination of Downtown Design Review district and Site Alteration Permit compliance. ATTACHMENTS Narrative (3 pages) Facade Renderings (2 pages) Perspectives (3 pages) Aerial Perspectives (2 pages) Site Plan Foundation Demolition Plan Floor Plans (4 pages) Tower Design Elevations and Material Schedule (3 pages) Sections (3 pages) C I I N El" Architecture I Interiors I u��s t�a a u���a Pw:�II a DE.� 333 North Main Street Phone 651/430-0606 Suite 201 Fax 651/430-2414 Stillwater, MN 55082 www.archnetusa.com Friday, September 15, 2017 RE: Additions and alterations to the Water Street Inn, 101 Water Street, Stillwater, MN Summarizing the design criterial in the order represented in the Design Manual, Setback The project will revise the curb line along Water Street moving north toward Myrtle Street, providing a wider sidewalk and aligning the addition with the historic Lumberman's Exchange Building. Along the north, the addition will project closest to Myrtle Street at the tower, replicating the location of the his- toric Union Depot tower previously on the site. Along the east side of the site the addition will align with the existing patio which is within a foot or two of the property line. We feel this is in keeping with the character and streetscape of the Historic Commercial Business District and allows us to bring the prominence of the tower back to the Myrtle Street corridor. K a ,rar w,w„ia�rym f f' R k/A!v I rmlA,d@Ab 1W ! emmwu h Y f a i �/H ;.%/////JJllllllllllllllllllllllllllllllll/////// 'NpAN9r o� IrtM'W>laW +,41o0vfd ;7.uW T „oi/ir ,•i✓r :'' � ✓ J MWl9'FddNWdyv9ldfi em"r MA&1W W�u",:. J� Proportion The addition utilizes proportions from the historic Lumberman's Exchange Building as well as other adjacent structures. These proportions are predominantly vertical rather than horizontal and are found not only in the massing of the building, but in the window and door openings throughout the project. A_ � V�I Illluu i I I „ r r N u ,:, ul , a„na,ti W,aitk SixttiI�� �.�,. - ,�.W,altkSiettr lnn Add 1t1ons Rnas R1tor RtIonr„ to tho WAI :; S I ; I'iiI I IIv! Iv! , tII vvRtor 1\41 nnosotR Ro 'iot 3 Height The addition, with the possible exception of the tower, conforms with the average height of the exist- ing building on the block street face. The step up from the 1994 addition provides a bookend effect with the historic Lumberman's Exchange Building on the opposite end of the site. Parking The parking for the project is handled with the owner's lot immediately to the north across Myrtle Street. There will be a slight shifting of the entrance to the lot to provide for better vehicular circulation when utilizing the drop-off lane in front of the hotel. Any parking deficiencies are handled with the downtown parking program system. Rear Entrances The existing hotel entrance in the historic Lumberman's Exchange Building will remain as an entrance to the dining establishment. A new service entrance will be located near the addition along Water Street. This will be used specifically for deliveries, not for the public. Roofs The addition will utilize a flat roof with perimeter parapets. The roof area will provide seating for eating and drinking and will provide enclosed restrooms and kitchen areas (pending Council approval) along with stair and elevator access. The parapets will be formed with a combination of plexiglas infill pan- els and brick piers. The roof walking surface will consist of tiles or wood/composite panels elevated above the roof surface to accommodate drainage. IIIal4i" I l q I �,�� lii"1 Il i l°fndyDeck Ih° u� �� l7ccl. a y Haid D k f udu ulvm,J Ik,offe o sot f-Y--I.Y--fo,buid ny solid »food d d-6o ovei sl foo:,iJWJ-q oofl p, ri�x ­, J os.patio Jb 1 sfoib 4 J oei sial i& J/ Ire _. f .Ive W H IPE WOOD' Afi _ 1,'1,1 d eF 5'I'A N D A R D 'I'11..1.SI Z.I:'. 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Detailing The addition incorporates traditional architectural forms such as a stone base, stone arches, vertical window openings, lintels and stone sills, similar to traditional elements found throughout historic Still- water. Facade Openings The main level of the addition incorporates larger facade openings, providing visibility to the interior of the lobby, support and retail areas. The upper floors incorporate vertical window and door openings reflective of buildings in the area. Materials The main level of the addition will be finished in local St. Croix valley stone. The upper levels will be finished with a traditional brick, compatible with the 1994 addition and the historic Lumberman's Ex- change Building. Specific selections, detailing, finishes and colors will be presented at the meeting. Color The primary color scheme for the project consists of the sand tones of the St. Croix valley stone, the red tones of a traditional Stillwater brick and a Hunter Green accent represented by the current Water Street Inn logo. Specific selections will be presented at the meeting. Lighting Because of the transparent nature of the lobby area, exterior lighting will only be utilized to highlight specific architectural features. The front canopy will provide concealed down lighting for drop-offs and the hotel entrance. Architectural lighting will accentuate the tower and tower frame. Roof top lighting will incorporate low-level concealed downlighting. Shielded lighting will be provided for emergency exits as needed per code. No unshielded wall pack lighting will be utilized. Awnings No awnings are proposed for the addition at this time. Signs andGraphics A complete sign package for the entire building will be submitted separately for review at a later date. 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Design review of the proposed extension adding approximately 14,000 square feet on two levels to the existing Trinity Lutheran Church located at 115 Fourth Street North in the PA, Public Administration District. BTR Architects, Randy Moe, applicant. City Planner Wittman reported that the applicant is requesting design review for a 14,000 square foot addition to the existing structure. Once completed, the addition will incorporate an open courtyard where the building currently at 102 Fourth Street North will be demolished. Staff recommends approval with six conditions: a) that all add-alternates are approved and shall be used, to include the thin brick cladding on the east and west buildings shall be of a color similar to that of the historic church; b) architectural precast shall be scored to break up the individual mass of the panels, with a scoring design to be submitted to the HPC prior to installation; c) individual parcels shall be combined as one tax parcel prior to building permit application; d) a coordinated lighting plan shall be submitted for review; e) all mechanical equipment and waste receptacles shall be screened from view; and f) a landscape plan, if modified from the conceptual plan, shall be submitted. Commissioner Johnson asked for clarification on add-alternates. Bob Eiselt, representing the applicant, stated there are three add-alternates that apply to the exterior: a balcony on the southeast elevation, an entry canopy above the east and west entry, and the thin brick on the precast panels. Also, there will be some hardscaping (benches). He clarified the materials to be used as shown by renderings. Motion by Commissioner Johnson, seconded by Commissioner Krakowski, to approve Case No. DP/2013-60, design of an approximately 1.4,000 square foot extension to the existing Trinity Lutheran Church located at 115 Fourth Street North, with modification to Condition A, stating that all add-alternatives are approved and may be used at the discretion of the applicant with the exception of the thin brick cladding which is required. All in favor, 5-0. NEW BUSINESS Preliminary review of an addition to the Water Street Inn. Roger Tomten, Archnet. City Planner Wittman showed the preliminary plans for the proposed addition, which will encompass the existing patio area and create a new primary entrance to the hotel off Myrtle Street. Because this is not a full design review, the applicant is only asking for comments and suggestions on the conceptual plan. Roger Tomten, Archnet, explained the conceptual plan and reviewed the history of the site. The idea of a tower component for the northwest corner was based on the tower of the historic depot that once occupied the site. As proposed, the tower would be set back about five feet from the property line, which would be where the depot tower originally was, between the curb line and the beginning of the patio. This would further narrow the street which he stated is actually parking access. The base of the new building would be native limestone transitioning to brick above, with metal details on the tower and building, incorporating a transparent safety wall for the roof patio area. Second floor balconies would be the roof of the first floor below, so the building would step back from the river. Suspended balconies would be on the third floor. No balconies would be proposed on the Water Street side. The building height would be around 46 feet to keep the floor elevations matching. There could be some overage on the tower. He presented options for tower designs, including one option to recreate the tower as an open iron frame that would be transparent and lit at night. They would like to bring the tower clocks back. Page 3 of 5 Heritage Preservation Commission Meeting December 2, 2013 Commissioner Johnson noted there is storm and sanitary sewer that come straight down Myrtle. Chairman Larson said it's evident that the tower is the most important element of the project. The site is one of the most prominent in Stillwater. Depending on the density of the ironwork, it could look like something got lopped off. Commissioner Johnson pointed out that the fact that the original tower foundation remains would likely factor into discussion of the setbacks required. It will be important to maintain the classic public building look and let the architecture speak as a welcoming public space. He likes the tower element but is a bit concerned about the entry on the north. He would like to avoid a lot of signage or indications that it is a private hotel. Chairman Larson questioned the effect of pushing the building toward the street. Commissioner Johnson brought up concerns about garbage enclosure for the site. He is aware of the plan to build a common trash enclosure with Lucky's Station. The trash issue will have to be resolved before this project goes much further. Property Owner Chuck Dougherty responded that Lucky's owner has agreed in principle to constructing a common trash enclosure, but he has been difficult to reach to finalize plans. Other nearby businesses have expressed interest in being part of cooperative trash storage. Commissioner Johnson noted that he was pleased that the hotel will finally achieve the finished look that was originally planned in 1994 but was scaled back, which at the time was a disappointment to the City and the Commission. City Planner Wittman reminded the Commission that no action is required at this point. OTHER BUSINESS Grants City Planner Wittman informed the Commission of grant applications due in January: Legacy Grant and pre-application for a CLG Grant. She identified municipal projects that have been discussed for potential grant programs and asked for direction. Projects that may be candidates for grants are: brochures for the South Hill Residential Walking Tour; the reuse study for the Bergstein Warehouse/Shoddy Mill; surveying the four neighborhood districts identified by the comprehensive plan; making Neighborhood Conservation District guidelines applicable to renovations and home repairs; historic district designation; a North Hill Walking Tour; installing plaques on pillars on the pedestrian plaza displaying historic images or small narratives; and creation of more map brochures and a commercial DVD for the downtown walking tour. Commissioner Brach brought up the idea of providing workshops to educate residents who live in historic homes on issues like options for replacing windows. Chairman Larson remarked that workshops for homeowners could be conducted through continuing education and sponsored by the City or the HPC. City Planner Wittman agreed to contact the Minnesota State Historic Preservation Office to see if there are resources for such educational opportunities. Page 4 of 6 HERITAGE PRESERVATION COMMISSION MEETING DATE: December 2, 2013 CASE NO.: N/A APPLICANT: Roger Tomten,Archnet,representing the Water Street Inn REQUEST: Preliminary review of an addition to the Water Street Inn located at 101 Water St ZONING: Central Business District COMP PLAN DISTRICT: Downtown Mixed Use PREPARED BY: Abbi Jo Wittman, City Planner Representing the Water Street Inn, Roger Tomten of Archnet has submitted a concept plan for an addition to the Water Street Inn. The plan includes the expansion of the existing structure to encompass the patio area. The expansion will create a new, primary entrance to the hotel. Staff has discussed challenges with the proposed concept with Mr. Tomten in relationship to the previous addition. The HPC is being asked to review and the concept in relationship to the current Design Review standards and provide comment and direction for application development. Section 31-209: Design Permits indicates the standards for design review are: 1. Consideration relating to site layout. a. The orientation and location of buildings and open spaces in relation to the physical characteristics of the site, the character of the neighborhood and the appearance and harmony of the buildings with adjacent development. 2. Consideration related to architectural character. a. The suitability of the building for the intended purpose. b. The consistency of the applications design with approved design guidelines. c. The compatibility of the character of the design with adjacent development. 3. Consideration related to landscaping. a. The location, height and material of walls,fences, hedges, trees and screen planting to ensure harmony with adjacent development or to conceal storage areas, utility installations or other unsightly development. b. The planting of ground cover or other landscape surfacing to prevent dust and erosion. c. The preservation of healthy mature trees. d. Usable open space in terms of quantity and quality of landscaping. 4. Consideration related to outdoor advertising. a. The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and the appearance and harmony with adjacent development. 5. Consideration related to traffic circulation, safety and congestion. 6. Consideration related to drainage. a. The effect of the site development plans on the adequacy of the storm and surface water drainage to both the site and adjacent property. b. Connection with existing drainage system. 7. Consideration of the historical structures, vistas, sites and the impact on development of these resources. 8. Special design guidelines for areas or districts of the City officially adopted by the City Council. Additionally, as the expansion is located within the Downtown Commercial Historic District, staff is requesting the HPC review the addition in relationship the review of Site Alteration permits as the district may be considered a designated Heritage Preservation Site and this addition would be located within that Site: ® Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment or to use a property for its originally intended purposes. • The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features must be avoided when possible. • All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. ® Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right and this significance shall be recognized and respected. 4 Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity. • Deteriorated architectural features shall be repaired rather than replaced, whenever possible. If replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features must be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. • The surface cleaning of structures shall be undertaken by the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. • Contemporary design for alterations and additions shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment. • Whenever possible new additions or alterations to structures shall be done in a manner that if the additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. ARCHNE"r Architecture 0 Interiors us,t hna br e N esa n 333 North Main Street Phone 651/430-0606 Suite 201 Fax 651/430-2414 Stillwater, MN 55082 www.arch netusa.corn Friday, November 22, 2013 Ms.Abbi Jo Wittman City Planner, City of Stillwater 216 North Fourth Street Stillwater, MN 55082 RE: Water Street Inn, 101 Water Street, Stillwater, MN Dear Ms. Wittman, We have been retained by the owner of the Water Street Inn to initiate the design of an addition to the current facility. We would be interested in meeting with the Heritage Preservation Commission to review aspects of the design for this important downtown site. We have attached a brief site planning narrative and will share our design process to date as it relates to the Commercial Historic District Design Manual and urban planning as a whole. We are looking forward to our discussion on December 2nd. Sincerely, Roger Tomten Associate `. .. . . Architecture 0 Interiors Su e De coign 333 North Main Street Phone 651/430-0606 Suite 201 Fax 651/430-2414 Stillwater, MN 55082 www.archnetusa,com INTRODUCTION AND AREA HISTORY The owners of the Water Street Inn are interested in further invest- ment in their property at 101 Water Street in Stillwater. The property consists of two lots, the southern lot containing the historic Lumber- man's Exchange Building, a 1994 addition and a patio area (on the footprint of the original Union Depot). The northern lot, containing on- grade parking for the hotel, was recently reconfigured and repaved. It will not be part of this project. The project will focus on the southern lot and the completion of the hotel building itself. w As one of the most significant lots in Stillwater, on one of the most predominant intersections, there is a rich history to tell. A brief time- line of the site and surrounding area includes the following; 1870 - First train comes to Stillwater 1882 - Chicago, Mpls, St. Paul RR Builds Depot (Freight House) utilitarian, not very elegant AN E Mill 1888 - Union Depot built (Burling & Whitehouse Architects) with an elegant tower on Water and Myrtle 1889 - First street car system introduced ,gid W 1890 - Lumberman's Exchange Building built Itllllil 1911 - Lowell Park opens lit 1923 - Lowell Park Pavilion built at the end of Myrtle Street 1959 - Hooley family purchases Union Depot and Lumberman's Exchange building 1960 - Union Depot demolished and Hooley's grocery store built 1993 - Sale of land to City and sale of buildings to Lumber Baron's Hotel 1994 -Addition to Lumberman's Exchange Building 2013 - Current proposal Additions and alterations to the WATER STREET INN , Stillwater Minnesota Page 1 of 2 SITE SIGNIFICANCE IN URBAN PLANNING In the 1880's the predominant forms of transportation included; horse and buggy, river boat and the railroad. The confluence of these three at the F1 southwest corner of Myrtle and Water, provided the location for the elegant - 0 Union Depot tower. 7 The importance of the intersection was reinforced with the introduction of another transportation form, the street car system, in 1889. The introduc- tion of the automobile and the river crossing at the foot of Chestnut Street formed the southern edge of this formal water front park. CTTY OF STILLWATER The significance of the Myrtle Street axis was further defined with the con- MINNESOTA- struction of the pavilion on the water front in 1923. The Union Depot tower, t "i t:19 A L - P L A N the pavilion and the sunken gardens in Lowell Park all were part of the CWC CENTFE-P epi-center of the public water front. Both the tower and the pavilion high- lighted and defined this important public space for nearly four decades be- - ij fore the demolition of the tower in 1960. Water Street as the north/south axis now defines the northern and southern limits of Lowell Park and is terminated with the Commander Elevator on the south and the Desch Building on the north. The intersection of these major axis is currently lack ing its historic demarkation. DESCH BUILDING "NORTH-SOUTH AXIS,, 01, GAZEBO EAST-WEST AXIS COMMANDER ELEVATOR V, With the completion of the northern portion of the Water Street Inn we plan to restore the defining components of the water front and the Myrtle/Water Street axis intersection.A tower component is planned using the same foot print as the Union Depot tower with similar massing and height. 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C� } g t F � y Eti � w m H 1 "'I n g val � YYY�MI�MI � 4q r b K I r i H *I z it @ 1- x i qz f watet City Council MEMO DATE: December 26, 2017 CASE NO.: 2017-61 HEARING DATES: Planning Commission December 13, 2017 Park Commission December 18, 2017 Joint Planning Board December 18, 2017 City Council January 2 and 16, 2018 LANDOWNER: Westridge Development, LLC DEVELOPER: Westridge Development, LLC REQUEST: 1) Rezoning from AP, Agricultural Preserve to RA, Single Family 2) Preliminary Plat approval of West Ridge, a 14 lot Single Family Residential Subdivision LOCATION: 12991 Boutwell Road REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION Kevin von Riedel, Westridge Development, LLC has submitted an application for preliminary plat approval of a 14-lot single family development to be known as West Ridge. A rezoning of the 4.97 acre property to RA, Single Family Residential has also been requested. The site is located at 12991 Boutwell Road. SPECIFIC REQUEST The developer is requesting the following: 1. Approval of the first reading of an ordinance to rezone the property to RA, Single Family Residential; and 2. Approval of the preliminary plat known as WEST RIDGE. COMMENTS The planning report reviewing the details of the development is attached. West Ridge December 26,2017 Page 2 RECOMMENDATIONS Planning Commission On a 6-1 vote the Planning Commission recommended approval of both the rezoning and the preliminary plat with eighteen conditions. Seventeen are as included in the attached planning report. However, the eight condition in the planning reports is amended as follows: 8. The maximum impervious surface coverage for Lots 5-9, Block 1 is limited to 25%. If any portion of the house on Lot 4, Block 1 falls within the shoreland overlay district, then this lot too will be limited to 25% impervious coverage. If no portion of the house on Lot 4, Block 1 falls within the shoreland overlay district, then the maximum permitted impervious surface will be increased to 30%. All other lots in the subdivision will be permitted a maximum of 30% impervious coverage. Impervious coverage includes all buildings, structures and improvements that do not allow water to percolate into the ground directly below it. This includes,but is not limited to,buildings, driveways, sidewalks, swimming pools, impervious landscaping material, patios,etc. Pervious pavement will not be considered impervious coverage if approved by the City Engineer in consultation with the City Planner. Park Commission The Park Commission unanimously recommended requiring payment of park and trail fees instead of requiring trail construction or park land dedication. Joint Planning Board The Joint Planning Board unanimously approved the rezoning. The Board also made the following comments on the preliminary plat. Weidner discussed the possibility of extending Creekside Crossing to the Whitcomb property immediately south of West Ridge for future development flexibility. He also talked about the potential benefits of extending Neil Avenue through the neighborhood to intersect with Co Rd 12 at Northland Avenue. There was also discussion on whether Trolley Drive's proposed location were the best for the properties to the east. Cit, City staff recommends approval of the first reading of the rezoning ordinance and approval of the preliminary plat with the eighteen conditions found in the attached resolution. cc Kevin von Reidel Attachments: Rezoning Ordinance Resolution of Approval Planning Report bt AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS BY REZONING APPROXIMATELY FIVE ACRES TO RA, SINGLE FAMILY RESIDENTIAL CASE NUMBER 2017-61 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 in Exhibit A, is hereby amended to RA, Single Family Residential. Section 2. This Ordinance shall be in full force and effect from and after publication according to law. Section 3. This Ordinance shall not be published until the Final Plat for the subject property is approved by the City Council. Section 4. In all other ways the Stillwater City Code shall remain in full force and effect. Adopted by the City Council this 16th of January, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane Ward, City Clerk Exhibit A Legal Description The following legal description appears on the Limited Warranty Deed filed as document number 3946009 in and for Washington County, Minnesota: All that part of the West 268.95 feet of the East half of the East half of the Northeast Quarter of Section 30, Township 30, Range 20, which lies South of the present traveled centerline of Boutwell Road, excepting therefrom the South 1315.16 feet thereof,Washington County, Minnesota CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR WEST RIDGE CASE NO. 2017-61 WHEREAS, West Ridge Development, LLC has submitted an application for approval of a 14 lot single family residential preliminary plat known as WEST RIDGE; and WHEREAS, the subject property is legally described as: See Exhibit A; and WHEREAS, on December 13, 2017 the Planning Commission held a public hearing on the preliminary plat and on a vote of 6-1 recommended approval of the preliminary plat with the conditions found below; and WHEREAS, on January 2, 2018 the City Council held a public hearing on the proposal and found it to be compatible with the neighborhood and consistent with the City's Zoning Ordinances,Subdivision Ordinances,Comprehensive Plan, and infrastructure. NOW,THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the preliminary plat of WEST RIDGE with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Preliminary Plat Dated 11/17/17 • Demolition Plan Sheet C1.0 Dated 12/6/17 • Site Plan Sheet C2.0 Dated 12/6/17 • Grading Plan Sheet C3.0 Dated 12/6/17 • Utility Plan&Profiles Sheet C4.0 Dated 12/6/17 Page 2 of 4 • Utility Plan&Profiles Sheet C4.1 Dated 12/6/17 • Stormwater Management Plan Sheet C5.0 Dated 12/6/17 • SWPPP Sheet C6.0 Dated 12/6/17 • Tree Pres and Protection Plan Sheet EX-3A Dated 12/6/17 • Tree Pres and Protection Plan Sheet EX-313 Dated 12/6/17 • Tree Replacement and Landscape Plan Sheet EX-4 Dated 12/6/17 2. All civil engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction, prior to approval of the final plat. 3. A drainage and utility easement must be dedicated on all the backyards where drainage flows through. These easements must be a minimum of 10 feet wide. 4. A 30 foot wide easement, centered on the property line between Lots 8 and 9 must be provided for the sewer and water lines that will serve the property to the south. This easement must be shown on the final plat. 5. Storm water calculations must be submitted and reviewed by the City and the Brown's Creek Watershed District prior to approval of the final plat. 6. The trees immediately west of the intersection of Deercreek Crossing must be reviewed. If they are in the intersection view triangle, they will have to be removed or trimmed. This information must be submitted with the final plat application and be found acceptable by the City Engineer. 7. The rezoning of the property will not become effective until the City Council approves the final plat for the property. 8. The maximum impervious surface coverage for Lots 5-9, Block 1 is limited to 25%. If any portion of the house on Lot 4, Block 1 falls within the shoreland overlay district, then this lot too will be limited to 25% impervious coverage. If no portion of the house on Lot 4, Block 1 falls within the shoreland overlay district, then the maximum permitted impervious surface will be increased to 30%. All other lots in the subdivision will be permitted a maximum of 30% impervious coverage. Impervious coverage includes all buildings, structures and improvements that do not allow water to percolate into the ground directly below it. This includes, but is not limited to, buildings, driveways, sidewalks, swimming pools, impervious landscaping material, patios, etc. Pervious pavement will not be considered impervious coverage if approved by the City Engineer in consultation with the City Planner. 9. A Development Agreement found satisfactory to the City Attorney and City Engineer must be approved by the City Council prior to commencing any tree removal or grading on the site,and prior to holding a pre-construction meeting with the City Engineer for the project. 10. The developer shall submit a grading permit application to Browns Creek Watershed District, and the permit must be issued prior to submitting the application to the City for the final plat. Any permit conditions that the City Engineer finds necessary to include in the final plan set shall be included in the final plat application package. 11. A total of $32,500 shall be paid to the City for park and trail dedication fees. These fees shall be submitted to the City prior to release of the final plat for filing with the County. 12. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. Page 3 of 4 13. The Developer will be responsible for paying the Trout Stream Mitigation Fee of$25,989.15;the Transportation Mitigation Fee of$35,695.52;and trunk sewer and water fees of$63,366.95. These fees will be due prior to release of the final plat for recording with Washington County. 14. The list of trees that the builder and home owners may select their five trees from must be revised according to the City Forester's recommendation. This will require the elimination of all maples and Colorado Blue Spruce from the list. 15. Details of how the tree protection zone will be managed must be submitted at the time of Final Plat application. 16. 16. Materials may not be stored in the critical root zone of trees to be saved, nor may equipment or materials be leaned or stacked against trunks of trees identified to be saved. 17. To guarantee that five trees will be planted per lot according to the approved planting schedule, the builder will be required to escrow the cost of the five trees prior to release of the building permit. The amount of that escrow will n need to be discussed at the time the final plat is considered by the City Council. And the escrow obligation and amount will be included in the Development Agreement. 18. If the Developer desires to have a neighborhood entrance monument for the subdivision, plans for it must be included within the final plat application materials. Otherwise, such a sign will not be permitted in the future. Enacted by the City Council of the City of Stillwater, Minnesota this 2nd day of January, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Page 4 of 4 Exhibit A Legal Description The following legal description appears on the Limited Warranty Deed filed as document number 3946009 in and for Washington County, Minnesota: All that part of the West 268.95 feet of the East half of the East half of the Northeast Quarter of Section 30, Township 30, Range 20, which lies South of the present traveled centerline of Boutwell Road, excepting therefrom the South 1315.16 feet thereof, Washington County, Minnesota watet Planning Report MEMO DATE: December 8, 2017 CASE NO.: 2017-61 HEARING DATES: Planning Commission December 13, 2017 Park Commission December 18, 2017 Joint Planning Board December 18, 2017 City Council January 2 and 16, 2018 LANDOWNER: Westridge Development, LLC DEVELOPER: Westridge Development, LLC REQUEST: 1) Rezoning from AP, Agricultural Preserve to RA, Single Family 2) Preliminary Plat approval of West Ridge, a 14 lot Single Family Residential Subdivision LOCATION: 12991 Boutwell Road COMPREHENSIVE PLAN: Low Density Residential ZONING: Base Zoning: AP, Agricultural Preservation Overlay Zoning: Shoreland District for Brown's Creek Tributary REPORT BY: Bill Turnblad, Community Development Director BACKGROUND Kevin von Riedel,Westridge Development, LLC has submitted an application for preliminary plat approval of a 14-lot single family development to be known as West Ridge. A rezoning of the 4.97 acre'property has also been requested. The site is located at 12991 Boutwell Road. (See attached zoning map for project location.) SPECIFIC REQUEST In order to develop the property as proposed, the applicant has requested approval of the following: 1. Rezoning of the property to RA, Single Family Residential 2. Preliminary Plat known as West Ridge for 14 single family lots ' 4.97 gross acres,including right of way for Boutwell Road. There are 4.73 acres excluding the right of way. West Ridge December 8,2017 Page 2 EVALUATION OF REQUEST I. REZONING Mr. von Riedel has requested that the property be zoned RA, Single Family Residential. It is currently zoned AP, Agricultural Preservation,which is the temporary zoning classification assigned by the Minnesota Municipal Board when the area was annexed. The expectation is that when development occurs, the property would be rezoned to a classification that is consistent with the City's Comprehensive Plan. The requested RA zoning is consistent with the Comprehensive Plan,which guides development of the site and neighborhood as Low Density Residential. (See attached Future Land Use Map.) The Zoning Districts that are consistent with the Low Density Residential classification are: TR, RA, LR and CTR. II. PRELIMINARY PLAT This development is proposed to create 14 single family home sites on+10,000 square foot lots, and also to extend infrastructure to allow for future development of surrounding properties. Sewer and water will be extended both to the south and east property lines. The road layout, with an intersection on Boutwell Road that lines up reasonably well with Creekside Crossing,will provide for road access to properties to the east. Also, the trail on the west side of Creekside Crossing north of Boutwell Road will align with the sidewalk in West Ridge. This sidewalk will extend to the eastern property line so that as properties to the east develop, they will connect by sidewalk to the trail system along Boutwell Road, Creekside Crossing, eventually with Neal Avenue all the way to the Brown's Creek State Trail. A. Minimum Dimensional Standards: RA District RA District- Dimensional Standards Standard Min. requirement Proposed Lot area 10,000 sf 10,030- sf Lot width' 75' 76'-175' Lot depth' 100' 104'-139.5' Lot frontage on public road 35' At least 35' Front setback 30' 30' Side setback 10' At least 10' Rear yard setback 25' >25' Maximum lot coverage, 25% TBD Lots 5-9, Bl 1 [The lot improvements shown are 25%or less] Maximum lot coverage, all 30% TBD other lots [The lot improvements shown are 30%or less] The two different lot coverage standards reflect the fact that Lots 5-9, Block 1 are in the Shoreland Overlay District of the Brown's Creek tributary that flows just west of the 2 Width is measured between side lot lines at right angles to lot depth at a point midway between front and rear lot lines 3 average distance between front and rear lot lines. West Ridge December 8,2017 Page 3 property.4 Only 25% impervious surface coverage is allowed in the overlay district. The remainder of the lots are allowed 30% impervious cover. Also note that the actual coverage for the lots has yet to be determined,because specific homes have not been designed for the lots. The typical footprints shown meet the coverage standards, though just barely within the shoreland overlay district. Care will have to be taken when buildings are designed for these lots. B. Creek Overlay District Standards zz 2n,, ja i u 6,01 r I ? 11 I , EM Y ( ------ ISI �y eta ......... C1 a a y� Rr / , � i( e , ,t �V .� 7 ; ! ./ "` -- ✓v ��; L7 A Y e ,`4� � /: rpt e, �� _, • �� .,".. l ,�,.'� �/r _p i / t � 1 i t r Il� Y va4Y a �§a'A` land 0veirIaY DRstrrict boundary , �• -'; K�ry L �¢ Ow, I �J The property lies partially within the shoreland overlay district for a tributary of Brown's Creek. Therefore,the following additional standards need to be met. 1. 150' setback from creek for structures o This setback does not impact any building pads in the project 2. 100' no disturbance buffer from centerline of creek o This does not impact any of the property. 3. 25% maximum impervious cover on lots in the overlay district 4 If the building pad shown on a lot is not in the Shoreland Overlay District,then the 25%coverage maximum does not apply. Rather,the 30%coverage of the RA Zoning District would apply. West Ridge December 8,2017 Page 4 o This impacts Lots 5-9, Block 1. 4. Steep slopes are protected. o In the Shoreland Overlay District, a steep slope is one that has a grade of 12% or mores. There is a small area of land on Lots 7 and 8 that meet the definition of a slope in a Shoreland Overlay District. They will not be disturbed and will be located outside of the grading limit and erosion control fencing. 5. Bluff setback of 40 feet. o Where bluffs exist in a Shoreland District6, structures must maintain a 40 foot setback from the top of the bluff. On the subject creek there are"steep" slopes,but there are no bluffs. So, a setback from the slopes is not required. C. Civil Engineering The City Engineer has reviewed the plans and made the following comments. 1. A 30 foot wide easement, centered on the property line between Lots 8 and 9 Easement, must be provided for the sewer and water lines that will serve the property to the south. This easement must be shown on the final plat. 2. The extra costs associated with the increased depth necessary to provide sewer service to the property to the south will be covered by the City in the form of a credit against the trunk sewer and water fees for the development. 3. A drainage and utility easement must be dedicated on all the backyards where drainage flows through. These easements must be a minimum of 10 feet wide. 4. Street runoff must remain in the street to be captured by curbline storm sewer. The overflow curb cut must be eliminated. 5. The street pavement section must be 1.5" SPWEA330C and 2.5" of SPWEB330C. 6. Storm water calculations must be submitted and reviewed by the City and the Brown's Creek Watershed District prior to approval of the final plat. 7. These comments represent only a review for the preliminary plat. A more detailed review will occur pending preliminary plat approval. All civil engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction, prior to final plat approval. Construction shall not commence until final construction plans have been reviewed and approved by all appropriate agencies. D. Development Fees 1. The property consists of 4.97 acres. However, excluding the 10,046 sf of extra right of way to be platted for Boutwell Road, and the 4,768 square feet of wetland buffer (see below), the net developable acreage is 4.626. The developer will be responsible for paying development impact fees based upon the net developable acreage. These fees will be due prior to release of the final plat for recording with Washington County. a. Trout Stream Mitigation Fee of$5,912 per acre. i. Credit can be given for the existing house. Assuming the minimum lot size of 10,000 square feet (0.230 acres), then only s See definition for steep slope in City Code Section 31-101 (152). 6 See definition in City Code Section 31-101 (19). West Ridge December 8,2017 Page 5 4.396 net acres would be required to pay the fee. Therefore a total of$25,989.15 would be due for the Trout Stream Mitigation Fee. b. Transportation Mitigation Fee of$8,120 per acre. i. Credit can be given for the existing house. Assuming the minimum lot size of 10,000 square feet (0.230 acres), then only 4.396 net acres would be required to pay the fee. Therefore a total of$35,695.52 would be due for the Transportation Mitigation Fee. c. The trunk sewer and water fees of$13,698 per acre. No credit can be given for existing home, since it is on a private well and septic system. So, the fee will apply to 4.626 acres for a total of$63,366.95. i. The extra sanitary sewer depth required to service the property south of West Ridge will be credited against the trunk sewer and water fee due to the City. 2. Park and trail fees will be due on all lots minus one for the existing home site. $2,000 per lot for park fees. $500 per lot for trail fees. If Lot 8 is removed, and only 13 lots are developed, then the fee for the other 12 lots will be$30,000. E. Tree Preservation & Landscaping Two development standards exist for trees: 1) street trees and 2) tree preservation. 1) Street Trees The subdivision code requires an average of three trees per lot along the street, though they are to be planted outside of the platted right-of-way'. The landscape plan shows a total of three trees for each lot. 2) Tree preservation 1) As mentioned above, there is a small area of steep slopes on the property. But,this area is outside of the grading limits and therefore tree removal on slopes is not an issue. 2) The City's environmental ordinances would allow 35% of the tree stock to be taken down. Since 70% is being removed,replacement is required. a) One tree is required for each tree removed beyond the 35% threshold. 68 of the 194 significant trees on the site could be removed without replacement. Since 136 trees are to be removed 68 replacement trees will be required. The developer proposes that the builder or owner will plant these. To guarantee that this will be done, the builder will be required to escrow the cost of the five trees prior to release of the building permit. The amount of that escrow will need to be discussed at the time the final plat is considered by the City Council. And the escrow obligation and amount will be included in the Development Agreement. b) The subdivision code allows a tree replacement fee to be paid if they cannot be planted on site. The fee would be based upon the retail cost of a 2" DBH deciduous tree. 3) City Forester City Code Ch 32, Subd. 6(3)q West Ridge December 8,2017 Page 6 The City Forester has reviewed the tree preservation plan and tree replacement plans and provides these comments. i) The central directive in community forestry BMPs is to increase species diversity. While the plan proposes to plant no problem trees (those which either present maintenance problems, are at great risk from known threats, or likely will "feed the fire" of present or advancing tree pests. So,for new plantings ash trees would not be recommended due to the presence of the emerald ash borer. The huge number of ash trees in Minnesota will be greatly reduced. ii) The next destructive pest expected to arrive soon is the Asian long horned beetle,whose preferred food source is maples. Many inventories show maples to be the most common tree in many communities and across the state. For that reason, most forestry professionals do not recommend planting maples in our area now. (1) The developer's suggested list of 17 tree species has four maples. According to the plan, each house gets to choose five trees from that list to be planted on their respective lot. The City Forester recommends removing all maples from the tree planting list. iii) Also on the list is Colorado blue spruce. This tree is neither native to our area,nor is it suited to our conditions. Black Hills spruce, also on the list, is a potential substitute. The City Forester recommends removing all Colorado blue spruce from the tree planting list. iv) The plan refers to tree protection zones. However,there is no detail on how these will be established or enforced. This detail will need to be addressed in the final plat materials. v) Materials should not be stored in the critical root zone of trees to be saved,nor should equipment/materials be leaned or stacked against tree trunks. F. Environmental Issues Wetlands -The buffer for the wetlands adjacent to the creek includes land all the way to the top of the 12% slopes lying on the southwestern portion of the site. This can be seen in the graphic below. Grading is prohibited in the buffer. y I �WIetlamd buffer. ��� West Ridge December 8,2017 Page 7 BCWD-A grading permit will be required from the Brown's Creek Watershed District. The permit application has been submitted. Comments from the BCWD are attached. III. FUTURE DEVELOPMENT The City's Subdivision Code8. requires"provisions for future [street] extensions or connections to adjacent land". And, it also states that"proposed subdivisions must be coordinated with existing nearby .... neighborhoods so that the community as a whole may develop harmoniously"9. In practice these future development provisions compel City officials and developers to consider how properties abutting proposed land subdivisions could reasonably develop in the future. And, to coordinate the construction of infrastructure, so that if feasible, abutting properties are not landlocked. To that end, a potential street layout has been offered by the developer, as seen below. d�'.. r Legend >e r t d .m Mawr I C., +fit' MONSOON P r o P 0 S e d StYHf3'.C. 0 `� � •? �a I .� { Potential street (.7 '4"eV Ridge 9W ts P�ePmSaIPti7l ffr"lIE°5 ro rag ra " Vr 'f I m ey aryl r� "+Rte rY Y .r ro � I 1 .r Ht rn rA i"F � +� nu niL:P,^Rw ✓a a "" Ir ja a m xra r puna tF�" I,I d ' " mr5 rr py �w.f r6W (u in n4 s Section 32-1,Subd 5(8)(c)Streets 9 Section 32-1,Subd 6(2)(d) West Ridge December 8,2017 Page 8 The conceptual neighborhood road network shown by the developer represents a potential alignment. It is not intended to be an absolute alignment and it does not obligate development of the other properties to occur as conceptually shown here. What it does show, is that if the proposed subdivision is approved, it would not preclude reasonable development of surrounding properties. The developer of West Ridge would be responsible for constructing infrastructure improvements on his property only. Though, he would also be responsible for extending infrastructure to his property lines in such a manner as would be"harmonious' with future development in the neighborhood. The eastern part of the neighborhood between the creek and the Fire Station is guided for small lot single family development. (This area is outlined in blue above.) The Comprehensive Plan's Future Land Use Map envisions Low/Medium Density Residential development here. Generally speaking, this means lot sizes consistent with the RB Zoning District standard of a 7,500 square foot lot for a single family home, or 5,000 square feet of lot for each side of a twin home. The western part of the area, including the proposed subdivision, is guided for larger lot single family development. The Comprehensive Plan's Future Land Use Map envisions Low Density Residential development here. Generally speaking, this means lot sizes consistent with the RA Zoning District standard of a 10,000 square foot lot. The developer has met with some of the neighbors individually already. But,he has also scheduled a neighborhood meeting for Monday, December 11th as well. He will share comments with the Planning Commission at the public hearing on December 13th. ACTION REQUESTED The Planning Commission is requested to review and make a recommendation to the City Council on the rezoning and preliminary plat. RECOMMENDATION City staff recommends approval of the preliminary plat, and rezoning with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Preliminary Plat Dated 11/17/17 • Demolition Plan Sheet C1.0 Dated 12/6/17 • Site Plan Sheet C2.0 Dated 12/6/17 • Grading Plan Sheet C3.0 Dated 12/6/17 • Utility Plan &Profiles Sheet C4.0 Dated 12/6/17 • Utility Plan &Profiles Sheet C4.1 Dated 12/6/17 • Stormwater Management Plan Sheet C5.0 Dated 12/6/17 • SWPPP Sheet C6.0 Dated 12/6/17 • Tree Preservation and Protection Plan Sheet EX-3A Dated 12/6/17 West Ridge December 8,2017 Page 9 • Tree Preservation and Protection Plan Sheet EX-313 Dated 12/6/17 • Tree Replacement and Landscape Plan Sheet EX-4 Dated 12/6/17 2. All civil engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction, prior to approval of the final plat. 3. A drainage and utility easement must be dedicated on all the backyards where drainage flows through. These easements must be a minimum of 10 feet wide. 4. A 30 foot wide easement, centered on the property line between Lots 8 and 9 must be provided for the sewer and water lines that will serve the property to the south. This easement must be shown on the final plat. 5. Storm water calculations must be submitted and reviewed by the City and the Brown's Creek Watershed District prior to approval of the final plat. 6. The trees immediately west of the intersection of Deercreek Crossing must be reviewed. If they are in the intersection view triangle, they will have to be removed or trimmed. This information must be submitted with the final plat application and be found acceptable by the City Engineer. 7. The rezoning of the property will not become effective until the City Council approves the final plat for the property. 8. The maximum impervious coverage for Lots 5-9, Block 1 is limited to 25%. For the remainder of the lots, 30% is the maximum permitted impervious coverage. 9. A Development Agreement found satisfactory to the City Attorney and City Engineer must be approved by the City Council prior to commencing any tree removal or grading on the site, and prior to holding a pre-construction meeting with the City Engineer for the project. 10. The developer shall submit a grading permit application to Brown's Creek Watershed District, and the permit must be issued prior to submitting the application to the City for the final plat. Any permit conditions that the City Engineer finds necessary to include in the final plan set shall be included in the final plat application package. 11. A total of$30,000 shall be paid to the City for park and trail dedication fees. These fees shall be submitted to the City prior to release of the final plat for filing with the County. 12. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 13. The Developer will be responsible for paying the Trout Stream Mitigation Fee of $25,989.15; the Transportation Mitigation Fee of$35,695.52; and trunk sewer and water fees of$63,366.95. These fees will be due prior to release of the final plat for recording with Washington County. 14. The list of trees that the builder and home owners may select their five trees from must be revised according to the City Forester's recommendation. This will require the elimination of all maples and Colorado Blue Spruce from the list. 15. Details of how the tree protection zone will be managed must be submitted at the time of Final Plat application. 16. Materials may not be stored in the critical root zone of trees to be saved,nor may equipment or materials be leaned or stacked against trunks of trees identified to be saved. 17. To guarantee that five trees will be planted per lot according to the approved planting schedule, the builder will be required to escrow the cost of the five trees prior to release of the building permit. The amount of that escrow will need to be discussed at the time West Ridge December 8,2017 Page 10 the final plat is considered by the City Council. And the escrow obligation and amount will be included in the Development Agreement. 18. If the Developer desires to have a neighborhood entrance monument for the subdivision, plans for it must be included within the final plat application materials. 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NN N31tlMllLL$ 2 �/ 0 O0 IIM11109166Z1 "' /\ $213N121Vd 3`JalN133 V, a LLJ 3�0181S3M \ o� gwse I w IVT&— 11 AM AM 11 000w �mo� H _ � w o w _ p .00 �.o �n e- " y 0 Y UW' O w o A 111, as " _ � N r 9 AAMC,kl]]Od-L f I = m mm mmm , m. , as m mmm �nn__n � mmnm s, II tl = I 0 w w G= a, w 3 aop aoWa w E m o w E N O ; IW p :> _ m G z U a z u m ww w. ms 0 w o 1 1 � v o a o5 V m 1 �4 �w w r w a 9 _ e I o�£ J oNo o>x 909 . oaw w <paom< E, < Rz �. =1 3 e 40 §5 m m oo d 4 az W o \as — j ISI goo a=m e a�= p wy. a a _ Ja m� ma rc ,j orc m v: um ov: cmc,n �.ma 5a�w o , . wrcoo:.�mrc`o � � o „ i. ea Fz , m m � a s � a 0 wo m=£ oo= \ U,jjjoso m -.ate"��$miwp. tai E � Z o»� e?.p ioo ¢6Oz3 5 9 � m m / z a � p 0o m ge W a w e= mop _ _ a�ow=aoaa � w N. m�<o December 7, 2017 Comi-neits 'hun uo d aiie wua m w uauu bl ad, C i urnuunty I)eve bpimen t Dh ctoii. wy I,o E„weiie Ihaied �tlh II`�wu I'R uavd rain E2/u/°1I"y.I City of Stillwater Planning Commission 216 North Fourth Street Stillwater, MN 55082 RE: Case number CPC 2017-61 WestRidge Development Preliminary Plat and Zoning Requests at 12991 Boutwell Road Dear Planning Commission: I have reviewed the preliminary plans submitted to your office by the applicant, and I offer the following comments for your consideration: 1. The City Code requires lots to be a minimum of 10,000 square feet. The sheet titled "Preliminary Plat" dated 11-17-2017 shows dimensions of lots that would seem to indicated that lots 3,4,5 and 6 located on the west side of Creekside Crossing (Block 2) meet this minimum requirement. Using the dimensions provided on that sheet, the areas of those 5 lots calculate out to be 10,030 square feet each. However, the dimensions provided on sheet C2.0 indicated that those lots are slightly smaller and do not meet the minimum lot size of 10,000 square feet (96' x 103.9' = 9974 sq. ft.). Please have the applicant rework the plan to meet minimum Code requirements. 111 Illus ua��e r rilrmr rs. See revsed pIbrl se (attached) d) 2. Sidewalks do not appear to be shown on any of the submitted plans, and if they need to count towards maximum impervious cover, then they need to be shown and accounted for. City Code requires sidewalks on both sides of the street for the requested RA zone type, correct? Il ewa� IH<s are, lirrdlkided ori w slide of Ireelf sde arid s slide of II r rIIHe III SII 3. Complete dimensions of driveways for each lot are not indicated, and need to be accounted for if they are considered impervious cover. l hey are shown urn scMed u,�,e on C2 0 C;:0, C .0, C6.0 I have run thenpervbus DeruAentag , on Ml u M ffio r h r ni e of uPnu:,.11d re UM ru uAull a ffielir iru uPuu; aro:, uAuuiru�llli nru 4. whe 2 /o maximum impervious co�er does r o�seem to le a hered tc. douse foundation area + driveway area (+sidewalk area?) appears to exceed 25% cover for most if not all the lots. If they are deemed to be compliant, so be it, but it should be made clear to homebuyers and home builders that because these lots are sized with no margin for error (or flexibility), that any decks or patios or accessory buildings, or additions will not be allowed, and I would hope that the Planning Commision would not rule favorably to requests for the flood of variances once these homes are built. l hey re adhered to 5. Walking and bikes trails should be incorporated and shown on the plans, if nothing else than for future reference and extensions to 75th Street to the south and the State's Browns Creek Trail to the north. Ou i Coimpuell ensu ve Ilan's " irllti and M aHs Chapteii does not caH f bu tiaHs on dNs pu a-peii try M Ili^'u^!3foi e, onu y �dewa IIti 6fice n `wcbreekside Crossing street extension meets Boutwell Road at an awkward angle, not parallel to the existing Creekside. Shouldn't the new Creekside extension be exactly in-line with the existing road? The turning radii onto Boutwell is larger also. Ou.bu City !'.ngin eii flinds the Ipi a-pos gat �ntei sez don acceptaUe, ltlh the unote that any bees e etof the 'lnt Luso ct�'bn may ii ,rqu n e ii eimovar it Pu h-nirnhig to Ilko�d alp thvrsb�fity tau muncyh E cemir. 7. Some trees numbered on plan EX-3A do not show up in the table on sheet EX-3B, including: 3015, 3016, 3017. y'pcylht you.b ie oiit�ubiiiaPeyPllieyaiie bees that aiie to Ibebe P t th vo,u�� uo poi tnd. uo qu.h � � � lbl � to be .. add t�n iib ice. Please den tcol 'pp Bios fb-bu the Anal plat pplwz� tion y he applicant approval to proceed until all Code issues and and any other issues are addressed, corrected and reflected in future documents submitted to the Planning Commission. Thank you. Stuart Rauvola 12955 Boutwell Road North Stillwater, MN 55082 sturauv@gmail.com watet CITY COUNCIL MEMO DATE: December 22, 2017 CASE NO.: 2017-56 HEARING DATES: Planning Commission November 8, and December 13, 2017 Park Commission December 18, 2017 Joint Planning Board December 18, 2017 City Council January 2, and January 16, 2018 LANDOWNER: Randy &Judy Petrie DEVELOPER: Greg Johnson, Hearth Development, LLC REQUEST: 1) Rezone to TR, Traditional Residential 2) Preliminary Plat approval of Nottingham Village, a 15 lot Single Family Residential Subdivision LOCATION: 12220 McKusick Road COMPREHENSIVE PLAN: LDR, Low Density Residential CITY DECISION DEADLINE: February 17, 2018 (extended 60 days by City) REVIEWED BY: Shawn Sanders, City Engineer; Abbi Wittman, City Planner; Tom Ballis, Assistant Fire Chief; Jenn Sorensen, DNR Area Hydrologist; Anne Terwedo; Washington County Public Works Karen Kill, Administrator, Brown's Creek Watershed District REPORT BY: Bill Turnblad, Community Development Director BACKGROUND Greg Johnson, Hearth Development, LLC, plans to develop 5.30 acres' of property located at 1220 McKusick Road. The preliminary plat for the project, to be known as Nottingham Village, shows 15 single family lots that are requested to be zoned TR, Traditional Residential. 1 5.30 gross acres,including right of way for County Road. There are 4.745 acres excluding the right of way. Nottingham Village December 22,2017 Page 2 The site is located amongst large unsewered lots that were developed while the neighborhood was located within Stillwater Township. (See attached Neighborhood Map.) Generally speaking, the neighborhood lies just east of Manning Avenue (County Road 15) between McKusick Road (County Road 64) and Brown's Creek. SPECIFIC REQUEST In order to develop the property as proposed, the applicant has requested approval of the following: 1. Rezoning of the property to TR, Traditional Residential 2. Preliminary Plat known as Nottingham Village for 15 single family lots EVALUATION OF REQUEST I. REZONING Mr. Johnson has requested that the property be zoned TR, Traditional Residential. It is currently zoned AP, Agricultural Preservation,which is the temporary zoning classification assigned by the Municipal Boundary Adjustments Unit of the State Office of Administrative Hearings when the area was annexed in 2015. The expectation is that when development occurs, the property would be rezoned to a classification that is consistent with the City's Comprehensive Plan. The requested TR zoning is consistent with the Comprehensive Plan,which guides development of the site and neighborhood as Low Density Residential. The Zoning Districts that are consistent with the Low Density Residential classification are: TR, RA, LR and CTR. Incidentally, the TR zoning is the same as Brown's Creek Preserve,which was recently developed directly across McKusick Road from the subject property. II. PRELINIINARY PLAT A. Minimum Dimensional Standards: TR Zoning District With one modification, the proposed development meets or exceeds all minimum dimensional standards for the TR Zoning District. The house layout on Lot 1, Block 3 will require a rear yard setback variance. Since the porch and front of the house face the west lot line, the east lot line is the rear line. A setback of 25 feet is therefore required from the east lot line. Only 10 feet is shown. However, if the floor plan is revised so that the porch and front of house are oriented toward the south lot line, then the setbacks for the house on this lot are fine. The developer has agreed to change this for the final plat application. Nottingham Village December 22,2017 Page 3 TR District- Dimensional Standards Standard Min. requirement Proposed Lot area 10,000 sf avg 10,485 sf avg (8,258-21,964 sf) Lot width' 65' Min 65' Lot depth' NA' Min 118.7' Lot frontage 35' Min 36' Lot frontage on public road 35' Min 65' Front setback 20' 20'typical Setback from McKusick 100' 100' Side setback house 10' Min 10' Side setback garage 5Min 5' Garage setback, front loaded 27' Min 27 Garage setback, side loaded 20' Min 20 Rear setback for house 25' Lot 1, B13 = 10' All others min 25' A TR subdivision is normally part of a Planned Unit Development (PUD). 50% of a PUD is required to be open space. So, normally the amount of green space to be found in a TR subdivision is not a concern. But, this TR subdivision (like Browns Creek Preserve on the south side of McKusick Road) is not a PUD. Therefore, impervious surface should be looked at in more detail. The maximum impervious surface, building plus drives, sidewalks and hardscapes cannot exceed 30%. On many of the lots with 3 car garages, the driveways will need to be carefully planned and/or the foot print of the house may have to be reduced. B. Future Development The City's Subdivision Codes, requires "provisions for future [street] extensions or connections to adjacent land". And, it also states that "proposed subdivisions must be coordinated with existing nearby .... neighborhoods so that the community as a whole may develop harmoniously"6. In practice these future development provisions compel the community to consider how properties abutting proposed land subdivisions could rationally develop in the future. And, to coordinate the construction of Width is measured between side lot lines at right angles to lot depth at a point midway between front and rear lot lines 'average distance between front and rear lot lines. 4 In addition to the 27'minimum garage setback,75%of the garages in the subdivision have to be set 6'behind the front of the house. 5 Section 32-1,Subd 5(8)(c)Streets 'Section 32-1,Subd 6(2)(d) Nottingham Village December 22,2017 Page 4 infrastructure, so that if reasonably possible, abutting properties are not landlocked. Landlocking can occur, for example, if streets are not extended, or access onto a County or State Highway is not allowed, or if utilities are not extended. In this case, the developer will extend utilities as well as provide street connections. Perhaps the most prominent discussion item at the neighborhood meeting and the public meetings has been the proposed road alignment and its extension for future development. The attached neighborhood map shows how the development of Nottingham Village would allow for future development of surrounding properties. The alignment of the street through Nottingham Village is effected by at least the following considerations: 1. McKusick Road is County Road 64. Washington County controls points of access onto this road in order to manage traffic speed, volume and safety. The result is that direct permanent access to Nottingham Village from County Road 64 will not be permitted. 2. Permanent road intersection points along County Road 64 in the immediate area will be at Macey Way and Marylane Avenue North. (See neighborhood map.) 3. Washington County will only allow a temporary road access to County Road 64. 4. The properties west of Notthingham Village could be accessed over a road that intersects County Road 64 at Marylane Avenue. 5. In order to provide sufficient safe stacking distance for cars waiting to enter onto County Road 64, a parallel"frontage" road will not be permitted too close to the County Road. 6. Given the 100 foot setback from the right-of-way for County Road 64, the alignment of a parallel road through the neighborhood would have to have an alignment similar to what is seen in the attached neighborhood map. The neighbor immediately to the east expressed interest in having the street in Nottingham Village stop short of their property line. The right-of-way could be platted up to the property line, but until the neighboring property develops, the street could dead-end about 35 feet westward at the driveway for Lot 2, Block 2 and Lot 2, Block 3. Nottingham Village December 22,2017 Page 5 CO !il i G Complete this portion off road with future develapment C 'a E 'H C. Civil Engineering 1. The public street being constructed by the developer will connect 87th Street North to McKusick Road (County Road 64). However, as mentioned above, since access management is necessary on all county roads, only a temporary connection to County Road 64 will be allowed for this subdivision. When the permanent access to McKusick Road is built, then the temporary connection in Nottingham Village will have to be removed. An escrow will be required of this developer to cover the future cost of that removal. Moreover, if the street is stopped 35 feet short of the eastern property line, then escrow sufficient to cover the cost of extending it to the property line will also be necessary. 2. All of the preliminary civil engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction, prior to submission of the final plat application. 3. All electrical and communication utility lines are required to be buried. 4. A permit will be required from Washington County for work within their right of way. The City is required to get this permit. So, the developer will have to provide the information for the City to complete the permit application. Nottingham Village December 22,2017 Page 6 5. Removal of the existing temporary cul-de-sac on 87th St North will be required of the developer. 6. Development impact fees will have to be paid prior to release of the final plat for recording with Washington County. Based upon the net developable acreage, the fees will be as follows: a. Trout Stream Mitigation Fee of$5,912 per acre. i. Credit can be given for the existing house. Assuming the average lot size of 10,000 square feet (0.230 acres), then only 4.515 net acres would be required to pay the fee. Therefore, a total of$26,692.68 would be due for the Trout Stream Mitigation Fee. b. North Area transportation mitigation fee of$7,686 per acre. i. Credit can be given for the existing house. Assuming the average lot size of 10,000 square feet (0.230 acres), then only 4.515 net acres would be required to pay the fee. Therefore, a total of$34,702.29 would be due for the Transportation Mitigation Fee. c. Boutwell West trunk sewer and water fees of$10,608.00 per acre. i. Credit cannot be given for the existing home, since it is on a private well and septic system. Therefore, a total of$50,334.96 would be due for the sewer and water trunk charges.? D. Tree Preservation &Landscaping Two development standards exist for this subdivision: 1) street trees, and 2) tree preservation. 1. Street Trees The subdivision code requires an average of three street trees per lot8. The landscape plan shows 32, though 45 are required. Therefore, landscape plan needs to be revised to show the remaining 13 trees in back yards. Or a tree replacement fee will need to be paid for these 13 trees. The fee would be based upon the retail cost of a 2" DBH deciduous tree. 2. Tree preservation All 29 significant trees on the property will be removed. a. No protected slopes exist on the site. So, the prohibition on removing trees from steep slopes does not apply. b. The City's environmental ordinances would allow 35% of the tree stock to be taken down. Since 100% is being removed, replacement is required. 'Since trunk fees are required,hook-up fees will not be charged at time of building permit application. s City Code Ch 32, Subd. 6(3)q Nottingham Village December 22,2017 Page 7 i. One tree is required for each tree removed beyond the 35% threshold. Of the 29 significant trees on the site, 10 could be removed without replacement. Since all 29 are being removed, 19 will need to be replaced. ii. The size of the 19 replacement trees must be an average of 2 inches diameter at about four feet above ground. Conifers must be at least 6 feet tall. iii. The subdivision code allows a tree replacement fee to be paid if they cannot be planted on site. The fee would be based upon the retail cost of a 2" DBH deciduous tree. E. Park and Trail Dedication The Comprehensive Plans park element shows no planned park or trails on or through the property. Therefore, standard practice would be to require a fee in lieu of land or improvements. Park and trail fees will be due on 14 of the 15 lots. The park fee for a single family home is $2,000 and the trail fee is $500. The existing home is exempted. Therefore, $35,000 would be due for the park and trail fees at the time the final plat is released for recording with Washington County. F. Environmental Considerations Wetlands - The property has no wetlands. BCWD - A grading permit is required from Browns Creek Watershed District prior to submittal of the final plat application. Floodplain - The property includes no FEMA identified floodplains. Shoreland Overlay District- The shoreland overlay district for Browns Creek lies just outside the subject property. (See attached zoning map). RECOMMENDATIONS Planning Commission The Planning Commission unanimously recommended approval of both the rezoning and the preliminary plat, with the 16 conditions found below. Joint PlanningBoard oard The Joint Planning Board unanimously approved the rezoning request. Park Commission The Park Commission unanimously recommended trail and park fees in lieu of park land dedication. Nottingham Village December 22,2017 Page 8 Staff City staff recommends approval of the preliminary plat, and first reading of the rezoning ordinance with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Site Layout Plan Sheet C3 dated 11/3/17 • Grading Plan Sheet C4 dated 11/3/17 • Utility Plan Sheet C5 dated 11/3/17 • Landscape Plan Sheet L1 dated 11/3/17 2. All civil engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction, prior to final plat application. 3. Removal of the existing temporary cul-de-sac on 87m St North will be required of the developer. The letter of credit, or other public improvement security as approved in the Development Agreement for the project, will not be released until this work is completed. 4. An escrow will be required for the future extension of the 35 feet of street to the east property line, as well as removal of the temporary street connection to McKusick Road. The amount shall be found satisfactory to the City Engineer, and be deposited with the City prior to release of the final plat for recording with Washington County. 5. Building permits will not be issued for more than 30%impervious surface coverage on any of the lots. Details on total impervious surface coverage must be included amongst the final plat application materials. 6. A Development Agreement found satisfactory to the City Attorney and City Engineer must be approved by the City Council prior to commencing any tree removal or grading on the site, and prior to holding a pre-construction meeting with the City Engineer for the proj ect. 7. A permit will be required from Washington County for work within their right of way. The City will be required to submit the permit application. Therefore, the developer will have to submit all necessary information to the City to complete the permit application. This information must be submitted to the City by the developer prior to release of the final plat for recording at Washington County. 8. The developer shall submit a grading permit application to Brown's Creek Watershed District, and the permit must be issued prior to submitting the application to the City for the final plat. Any permit conditions that the City Engineer finds necessary to include in the final plan set shall be included in the final plat application package. 9. A total of$35,000 shall be paid to the City for park and trail dedication fees. These fees shall be submitted to the City prior to release of the final plat for filing with the County. 10. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 11. The Developer will be responsible for paying the Trout Stream Mitigation Fee of $26,692.68; the Transportation Mitigation Fee of$34,702.29; and trunk sewer and water fees of$50,334.96. These fees will be due prior to release of the final plat for recording with Washington County. Nottingham Village December 22,2017 Page 9 12. Prior to releasing the final plat for filing with Washington County, the landscape plan must be revised to show 13 more street trees. In the alternative, the cash equivalent of those 13 trees may be submitted to the city. Any such cash equivalent would be calculated based upon the retail cost of a 2" DBH deciduous tree. 13. Prior to releasing the final plat for filing with Washington County, the landscape plan must be revised to show 19 replacement trees for the removal of all existing significant trees on the property. In the alternative, the cash equivalent of those 19 trees may be submitted to the city. Any such cash equivalent would be calculated based upon the retail cost of a 2" DBH deciduous tree. 14. If the Developer desires to have a neighborhood entrance monument for the subdivision, plans for it must be included within the final plat application materials. Otherwise, such a sign will not be permitted in the future. 15. The floor plan for Lot 1, Block 3 must be changed so that the porch and front of the house are oriented toward the south lot line. This change must be reflected in the materials submitted with the final plat application materials. 16. Site construction traffic and home construction traffic must gain access to the site via McKusick Road and may not drive through the 87th Street neighborhood. ACTION REQUESTED The City Council is requested to consider the preliminary plat and first reading of the rezoning ordinance. If the Council concurs with the recommendations above, then adopt the attached preliminary plat resolution and approve the first reading of the rezoning ordinance. cc Greg Johnson Todd Erickson Attachments: Preliminary Plat Resolution Rezoning Ordinance Zoning Map Neighborhood Map Development Plans RESOLUTION NO. 2018- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR NOTTINGHAM VILLAGE CASE NO. 2017-56 WHEREAS, Hearth Development, LLC has submitted an application for approval of a 15 lot single family residential preliminary plat known as NOTTINGHAM VILLAGE; and WHEREAS, the subject property is legally described as: All that part of the south 677 feet of the Southeast Quarter of the Northwest Quarter of Section 19, Township 30, Range 20, which lies west of the east 983.64 feet thereof, according to the United States Government survey thereof,Washington County, Minnesota; and WHEREAS, on November 8, 2017 the Planning Commission held a public hearing on the preliminary plat and upon hearing testimony from the public tabled the case until December 13, 2017 in order for the developer to hold a neighborhood meeting; and WHEREAS, on December 13, 2017 the Planning Commission continued their discussion and unanimously recommended approval of the preliminary plat; and WHEREAS, on January 2, 2018 the City Council held a public hearing on the proposal and found them to be compatible with the neighborhood and consistent with the City's Zoning Ordinances, Subdivision Ordinances, Comprehensive Plan, and infrastructure. NOW,THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the preliminary plat of NOTTINGHAM VILLAGE with the following conditions: Page 2 of 3 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Site Layout Plan Sheet C3 dated 11/3/17 • Grading Plan Sheet C4 dated 11/3/17 • Utility Plan Sheet C5 dated 11/3/17 • Landscape Plan Sheet L1 dated 11/3/17 2. All civil engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction, prior to final plat application. 3. Removal of the existing temporary cul-de-sac on 87th St North will be required of the developer. The letter of credit, or other public improvement security as approved in the Development Agreement for the project, will not be released until this work is completed. 4. An escrow will be required for the future extension of the 35 feet of street to the east property line, as well as removal of the temporary street connection to McKusick Road. The amount shall be found satisfactory to the City Engineer, and be deposited with the City prior to release of the final plat for recording with Washington County. 5. Building permits will not be issued for more than 30% impervious surface coverage on any of the lots. Details on total impervious surface coverage must be included amongst the final plat application materials. 6. A Development Agreement found satisfactory to the City Attorney and City Engineer must be approved by the City Council prior to commencing any tree removal or grading on the site, and prior to holding a pre-construction meeting with the City Engineer for the project. 7. A permit will be required from Washington County for work within their right of way. The City will be required to submit the permit application. Therefore, the developer will have to submit all necessary information to the City to complete the permit application. This information must be submitted to the City by the developer prior to release of the final plat for recording at Washington County. 8. The developer shall submit a grading permit application to Browns Creek Watershed District, and the permit must be issued prior to submitting the application to the City for the final plat. Any permit conditions that the City Engineer finds necessary to include in the final plan set shall be included in the final plat application package. 9. A total of$35,000 shall be paid to the City for park and trail dedication fees. These fees shall be submitted to the City prior to release of the final plat for filing with the County. 10. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. Page 3 of 3 11. The Developer will be responsible for paying the Trout Stream Mitigation Fee of$26,692.68; the Transportation Mitigation Fee of $34,702.29; and trunk sewer and water fees of$50,334.96. These fees will be due prior to release of the final plat for recording with Washington County. 12. Prior to releasing the final plat for filing with Washington County, the landscape plan must be revised to show 13 more street trees. In the alternative, the cash equivalent of those 13 trees may be submitted to the city. Any such cash equivalent would be calculated based upon the retail cost of a 2" DBH deciduous tree. 13. Prior to releasing the final plat for filing with Washington County, the landscape plan must be revised to show 19 replacement trees for the removal of all existing significant trees on the property. In the alternative, the cash equivalent of those 19 trees may be submitted to the city. Any such cash equivalent would be calculated based upon the retail cost of a 2" DBH deciduous tree. 14. If the Developer desires to have a neighborhood entrance monument for the subdivision, plans for it must be included within the final plat application materials. Otherwise, such a sign will not be permitted in the future. 15. The floor plan for Lot 1, Block 3 must be changed so that the porch and front of the house are oriented toward the south lot line. This change must be reflected in the materials submitted with the final plat application materials. 16. Site construction traffic and home construction traffic must gain access to the site via McKusick Road and may not drive through the 871h Street neighborhood. Enacted by the City Council of the City of Stillwater, Minnesota this 2nd day of January, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS BY REZONING APPROXIMATELY FIVE ACRES TO TR, TRADITIONAL RESIDENTIAL CASE NUMBER 2017-56 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 in Exhibit A, is hereby amended to TR, Traditional Residential. Section 2. This Ordinance shall be in full force and effect from and after publication according to law. Section 3. This Ordinance shall not be published until the Final Plat for the subject property is approved by the City Council. Section 4. In all other ways the Stillwater City Code shall remain in full force and effect. Adopted by the City Council this 16m of January, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane Ward, City Clerk Exhibit A Legal Description All that part of the south 677 feet of the Southeast Quarter of the Northwest Quarter of Section 19, Township 30, Range 20, which lies west of the east 983.64 feet thereof, according to the United States Government survey thereof, Washington County, Minnesota; /� r El VA : ,1 \ �� A`' " y, `,.W s � A�� A v\A V AAAY r o N � U D N _ E !n • N O .N c D � w g L, U m o' N m E U 40 '=pc o N N ' - N W CC U2 ' m c m c � E c m N co o m E m N N N E s' c0 N �- . w c o o U o E U U m m c c aNi o- aQ N m p c c\ U o N > m m m> C7 = = n O Q H U ¢ = m ¢ h U U U O h W W > U O m m m m 0 a d a W o \\ f \ O v m vv 7 v� \v L, ` \\\\\ j -jl f cr- y 9� peon{ Ajunoo e y ' o- r 1 co 00 Co G �Iftel 1 n �i r' o a a = s <®s� 9zTgg Mv'-Invd is owoaa=Cy -LS HD dLOS3NNIL `2I3LdX\IIILS ..... °, L[�I�i^Id0I�1�QHLSH HDVJ-lIAWVHONIUON z Quo¢ w a � 3 a o o ? ? Igo O uj im o ofto $P P FP Py P PI P �gg CL� J E S Q ocm s LU ob w LL U ya F M F 1N3Y9 ANLLII93HRMtf i.�l v/ X ��"��( nwr�mU;wd r pl ulli ��ro� `quid ii iw nu NIM, NUNN L Rai o� F] 0 9ZT99NY9"lclvdS.S -LS H3 Id ONVIOSHNNIN`2IHIVA',111 LS a INHWJ019ARQ HlXVaH HOYTIIn WVHONI UON q ,� W� o 0 am �o Y o 10 o° w mo IE o �44_41_ - g w co U FSI g€€ - 10 a �w lz g� g --- ——————— --------- —oz�--- --- eye G 32 P' it tt W M u ME, �w S ar„w W ma w a 6 n, -----8 ----- -- se J U�. �-. ater r" "."'t* M I N Fd U. 0 Y A CITY COUNCIL MEETING DATE: January 2, 2018 CPC CASE NO.: 2016-64 Planning Commission: December 13, 2017 REGARDING: Consideration of a Zoning Text Amendment (ZAT) pertaining to Short Term Home Rental permitted districts and review and approval processes PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND In the beginning of 2017 the City hired consulting staff to help develop a Short Term Home Rental (STHR) ordinance, allowing for this type of use in certain districts so long as they meet certain performance standards. As the ordinance has been in effect for (approximately) six months, city staff has reviewed the ordinance and determined certain modifications are needed to ensure the ordinance accurately reflects the City's intentions, provide greater clarification, as well as to streamline permit review and approval processes in instances where objections are raised. On December 13, 2017, the Planning Commission held a public hearing to consider certain amendments to the STHR ordinance. SPECIFIC ZAT REQUEST Staff is proposing the following amendments': City Code Section 31-514.1, Subd. 5(B). Type B - Unhosted Short Term Rental 1(v)a. If objections are received, then the license request must be considered by the planning commission. 1. The planning commission must toe above de4nea r„t;r;,,at;,,r areaare i+i ;t„a to offer comment review the license request and all objections, as a new business, item at their next regularly scheduled meeting, text represents proposed deletions. Underlined text represents proposed additions. STHR Amendments CPC 12/13/2017 Page 2 of 4 2. After considering the license request and hearing comments from the neighbors, the planning commission may either approve a one year provisional license, with or without conditions, or deny the license request. City Code Section 31-514.1, Subd. 6. Zoning District. Short Term Home Rentals are permitted, with an approved license from the City of Stillwater, in the following Zoning Districts: A. Residential Zoning Districts. Type A and 9 Short Term Home Rentals are allowed by city license in all Residential Zoning Districts. Type C Short Term Home Rentals require both a license and a Conditional Use Permit in all Residential oning Pistriets Type D Short Term Home Rentals (aka Bed & Breakfasts) are allowed by city license in the RCL Zoning District and by Special Use Permit in the RB and RCM Zoning Districts B. Commercial Zoning Districts. Type A, B and C Short Term Home Rentals are permitted by city license i the CCP Zoning PistriEt_ are allowed by city license in the CBD Zoning District. They also require a Special Use Permit or Conditional Use Permit. If a Special or Conditional Use Permit already exists for the property, one specifically for the Short Term Home Rental use is not required for Type A and B Short Term Home Rentals. A Conditional Use Permit specifically for the Short Term Home Rental is required prior to issuance of a Type C license. City Code Section 31-325, Allowable Uses in Non-Residential Districts by adding: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-O BP-I CRD PA PWFD PROS Short Term Home Rental;, P25 Type A and,—B,E Short Term Home Rental; Type CUP C P=Permitted use SUP=Use permitted with a Special Use Permit CUP=Use permitted with a Conditional Use Permit PUD =Use permitted with a Planned Unit Development Permit A=Accessory use ACC=Allowed as an accessory improvement to an allowed use located on or adjacent to the site Blank cell in table means that the use is NOT allowed. 25 If Type A or B Short Term Home Rental is proposed in a residence where no Special or Conditional Use Permit already exists for the property,then the STHR Amendments CPC 12/13/2017 Page 3 of 4 property owner must obtain a Conditional Use Permit for the short term rental residence prior to the issuance of a Short Term Home Rental License. DESCRIPTION In the existing STHR ordinance, objections to a Type B license would necessitate a public hearing, though that was not intended to be the process for Planning Commission review. The belief was that the original neighborhood notice would be sufficient. However, as public hearings have specific legal noticing and timeline requirements, the strict application would place undue hardship on a property owner, sometimes extending their application review by greater than 45 days. Additionally, permit Types A, B, and C are currently listed as uses permitted by right in the Central Business District. However,residences of all classes as well as hotels, motels and other lodging establishments require a Conditional Use Permit (CUP). Therefore, staff is recommending to continue to allow for Type A and B by licenses as an outright permitted use but only when a Conditional or Special Use Permit (C/SUP) is in place for the residence. This would be the case for many of the condominium projects, since the condominium project itself required a Special Use Permit before it was allowed to be constructed. If no C/SUP exists, the property owner would be required to obtain a CUP prior to the issuance of the license. All Type C Short Term Home Rentals would be required to obtain a Conditional Use Permit for the Short Term Home Rental the same as similar uses in this zoning district. ALTERNATIVES A. Approval If the Planning Commission finds the proposal to be consistent with the provisions of the ZAT regulations, the Commission could forward a favorable recommendation of approval to the Council. 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 provisions of the ZAT regulations, the Commission could deny the application. The Commission should indicate a reason for the denial and state whether or not the denial is with prejudice. FINDINGS AND RECOMMENDATION The Zoning Code indicates that prior to the adoption of an ordinance amending any of the provisions of the Zoning Code, the City Council must find that: STHR Amendments CPC 12/13/2017 Page 4 of 4 1. The public necessity and the general community welfare warrant the adoption of the amendment, and 2. The amendment is in general conformance with the principles and policies set forth in the comprehensive plan and any adopted area or specific plan. Clear, timely, and efficient permitting process is a public necessity. The general community welfare is furthered when City requires Conditional Use Permits consistent with like uses. Additionally on May 2, 2017, the City Council found the (then) proposed Short Term Home Rental ordinance was in general conformance with the principles and policies set forth in the comprehensive plan and adopted Ordinance No. 1093. As this Zoning Text Amendment is intended to correct and clarify, staff has found the ZAT is substantial conformance with the Comprehensive Plan and any relevant area plans. Planning Commission In a 7-0 vote, the Planning Commission made a favorable recommendation of approval of the ZAT. After the meeting, Commissioner Siess recommended some grammatical corrections. S taff Given the aforementioned findings, staff recommends the City Council move to approve the ZAT by adopting the attached ordinance. ATTACHED Draft Ordinance Ordinance No. 1093 AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY AMENDING REGULATIONS FOR SHORT TERM HOME RENTALS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amend. Amend City Code Section 31-514.1, Subd. 513.1(vi)a(1) to read as follows: The planning commission must review the license request and all objections, as a new business item, at its next regularly scheduled meeting. 2. Amend. Amend City Code Section 31-514.1, Subd. 5B.1(vi)a(2) to read as follows: After considering the license request and comments from the neighbors, the planning commission may either approve a one year provisional license, with or without conditions, or deny the license request. 3. Amend. Amend City Code Section 31-514.1, Subd. 6A, Residential Zoning Districts, to read as follows: Short Term Home Rentals are allowed by city license in all Residential Zoning Districts. Type C Short Term Home Rentals require both a license and a Conditional Use Permit. Type D Short Term Home Rentals (aka Bed&Breakfasts) are allowed by city license in the RCL Zoning District and by Special Use Permit in the RB and RCM Zoning Districts 4. Amend. Amend City Code Section 31-514.1, Subd. 6B, Commercial Zoning District, to read as follows: Type A, B and C Short Term Home Rentals are allowed by city license in the CBD Zoning District. They also require a Special Use Permit or Conditional Use Permit. If a Special or Conditional Use Permit already exists for the property, one specifically for the Short Term Home Rental use is not required for Type A and B Short Term Home Rentals. A Conditional Use Permit specifically for the Short Term Home Rental is required prior to issuance of a Type C license. 5. Amend. Amend City Code Section City Code Section 31-325,Allowable Uses in Non- Residential Districts,by amending: Page 2 of 2 ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-O BP-I CRD PA PWFD PROS Short Term Home Rental, P25 ,Type A and B 6. Amend. Amend City Code Section City Code Section 31-325,Allowable Uses in Non- Residential Districts,by adding: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-O BP-I CRD PA PWFD PROS Short Term Home Rental; CUP Type C 25 If Type A or B Short Term Home Rental is proposed in a residence where no Special or Conditional Use Permit already exists for the property,then the property owner must obtain a Conditional Use Permit for the short term rental residence prior to the issuance of a Short Term Home Rental License. 7. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 8. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 2nd day of January, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane Ward, City Clerk ORDINANCE NO. 1093 AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31,ENTITLED ZONING ORDINANCE BY ADDING REGULATIONS FOR SHORT TERM HOME RENTALS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Definitions Amend City Code Chapter 31, Section 31-101 Definitions,by adding the following: 119.1. Primary Residence, means the dwelling unit within which a person lives for six months plus a day during a calendar year. 119.2. Primary Resident, means a person living on a property where the property is the person's primary residence. 145.1. Short Term Home Rental, Type A (hosted short term rental), means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where a primary resident of the property is present while the transient guests are present. 145.2. Short Term Home Rental, Type B (unhosted short term rental), means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where the property serves as a person's primary residence but a primary resident of the property is not present while the transient guests are present. This Type B also includes Short Term Home Rental of any Accessory Dwelling Units, non-owner occupied Duplexes or"mother-in-law" apartments. 145.3. Short Term Home Rental, Type C (dedicated short term rental) means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days,where the property does not serve as a person's primary residence 145.4. Short Term Home Rental, Type D (Bed&Breakfast) —see the definition of Bed &Breakfast in Paragraph 16 of this Definition Section 31-101. 2. Short Term Home Rental Regulations. Amend City Code Chapter 31 by adding the following Section. Sec.31-514.1. Short-Term Home Rental Regulations Subd. 1. Purpose. The purpose of this Section 31-514.1 is to allow Short Term Home Rentals where appropriate while mitigating impacts upon surrounding properties by implementing balanced regulations to protect the integrity of the city's neighborhoods as well as protect the general public health, safety and welfare. Page 2 of 11 Subd. 2. License required. No property may be used for Type A, B or C Short Term Home Rental unless granted a license by the city. No property may be used for Type C Short Term Home Rental unless granted a Conditional Use Permit and a license by the city. No property may be used for Type D Short Term Home Rental(aka Bed& Breakfast) unless granted a Special Use Permit by the city pursuant to Section 31-504 of this Chapter. Subd. 3. License application. Any property owner desiring to undertake Short Term Home Rentals must apply to the community development department for a Short Term Home Rental License. A license must be approved prior to operating within the city. The license application request must be submitted on the form prescribed by the city and must include all the information requested on the application form. The license application will not be accepted by the city unless an inspection report has been signed by personnel from both the city's fire department and building department. Subd. 4. License fee. The license application form must be accompanied by payment in full of the required license application fee. The license application fee amount will be as determined by the city council in the city fee schedule. Subd. 5. License issuance. The process for review and issuance of a license will vary depending upon the type of Short Term Home Rental as follows: A. Type A, Hosted Short Term Home Rentals. Type A Short Term Home Rentals are required to have an administratively issued license from the city. 1. A Type A Short Term Home Rental license or renewal license will be issued administratively only if- i. £i. The licensee certifies on the application form that all applicable items found in this Section 31-514.1 are satisfied. That includes: a. Proper zoning as found in Subd. 6; and b. Performance standards as found in Subd. 7. ii. The applicant submits a site plan, drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. iii. The applicant submits a floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. iv. The property passes the city inspection(see Section 31-514.1, Subd. 9B) for residential code standards applicable to renting a home on a short term basis. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the property owner will know what items will be inspected prior to submitting the license application to the city. a. An inspection must be completed within 60 days prior to submission of the license application form. Page 3 of 11 b. An inspection report must be submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city. c. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. 2. There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a Short Term Home Rental, except that additional on-site city code compliant parking may be provided. 3. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that the coverage remains in place within 24 hours of a city request for confirmation. 4. Licenses are non-transferable and shall expire upon change of ownership of the property. 5. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 6. No more than a total of thirty-five Type A licenses may be valid within the city at one time. 7. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section 31-217 of this Chapter. If a license is revoked, the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. 8. Licenses are valid for a period of three years. A renewal license must be applied for every three years. B. Type B —Unhosted Short Term Rental. Type B Short Term Home Rentals are required to have an administratively issued license from the city. Prior to issuing the license, a neighborhood notification is required, as specified below. I. A Type B Short Term Home Rental license or renewal license will be issued administratively only if: i. The applicant submits a site plan,drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. ii. The applicant submits a floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. iii. The licensee certifies on the application form that all applicable items found in this Section 31-514.1 are satisfied. That includes: Page 4 of 11 a. Proper zoning as found in Subd. 6 b. Performance standards as found in Subd. 7 c. Proof of sufficient and suitable property insurance. iv. No more than a total of thirty-five Type B licenses may be valid within the City at one time. V. Notices have been mailed by the city to all surrounding property owners according to the following standards: a. 150 feet of all applicant properties zoned RB, CCR, CR, TH, CTHR, RCL, RCM, RCH, CBD; b. 200 feet of all applicant properties zoned RA, LR, CTR, TR; c. 500 feet of all applicant properties zoned AP; and vi. There are no objections received by the city within ten days of mailing the notices. a. If objections are received, then the license request must be considered by the planning commission. (1). The planning commission must hold a hearing, to which neighbors within the above defined notification area are invited to offer comments. (2). After considering the license request and hearing comments from the neighbors, the planning commission may either approve a one year provisional license, with or without conditions, or deny the license request. (3). If there are no substantiated relevant complaints from neighbors or guests during the provisional year,the permit will automatically extend two more years. If there are three substantiated relevant complaints, the provisional license is automatically revoked and the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. vii. The property passes the city inspection(see Section 31-514.1, Subd. 913) for residential code standards applicable to renting a home on a short term basis. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the property owner will know what items will be inspected prior to submitting the license application to the city. a. An inspection must be completed within 60 days prior to submission of the license application form. b. An inspection report must be submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city. Page 5 of 11 c. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. 2. There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a Short Term Home Rental, except that additional on-site city code compliant parking may be provided. 3. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that the coverage remains in place within 24 hours of a city request for confirmation. 4. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section 31-217 of this Chapter. If a license is revoked, the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. 5. Licenses are non-transferable and shall expire upon change of ownership of the property. 6. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 7. Licenses are valid for a period of three years. A renewal license must be applied for every three years. No neighborhood notification is required for the renewal of licenses. C. Type C—Dedicated Short Term Rental. Type C Short Term Home Rentals are required to have both a Conditional Use Permit and an administrative license issued by the city. The Conditional Use Permit and initial license may be processed simultaneously. 1. Conditional Use Permit. The application for the Conditional Use Permit to operate a Type C Short Term Home Rental must be filed with the city's community development department on the applicable form. The application will be reviewed according to the process established in Sections 31-204 and 31-207 of this Chapter. In addition, the following procedures, criteria and conditions shall also apply: i. The applicant must submit a site plan,drawn to scale,showing parking and driveways,all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. ii. The applicant submits a floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. iii. The Conditional Use Permit runs with the land and must be filed in the property's chain of title, but since a license is also required for a Page 6 of 11 Type C Short Term Rental, possession of a Conditional Use Permit is not sufficient to operate. Any new owner desiring to operate a Type C Short Term Rental on property that has an unexpired Conditional Use Permit filed in the chain of title must also obtain a license from the city. A Conditional Use Permit expires if a property is not operated as a Short Term Home Rental for more than a year. iv. The Conditional Use Permit applicant must certify on the city application form that all applicable items found in this Section 31- 514.1 are satisfied. That includes: a. Proper zoning as found in Subd. 6 b. Performance standards as found in Subd. 7 c. Proof of sufficient and suitable property insurance. V. The property must pass inspection by city building and fire code inspectors and found to meet the residential code standards applicable to renting a home on a short term basis (see Section 31-514.1, Subd 913)prior to holding the public hearing for the Conditional Use Permit. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the property owner will know what items will be inspected prior to submitting the license application to the city. vi. No more than a total of fifteen Conditional Use Permits for Type C Short Term Home Rentals may be valid within the City at one time. 2. License. The application form for the license or renewal license must certify by the applicant that all applicable items found in this Section 31- 514.1 are satisfied. That includes: i. A Conditional Use Permit has been issued for the subject property and is still valid. ii. The property has been inspected no more than 60 days prior to submission of the license application by city building and fire code inspectors and found to meet the residential code standards applicable to renting a home on a short term basis. a. An inspection must be completed and the inspection report submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city. b. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. iii. Proper zoning as found in Subd. 6 iv. Performance standards as found in Subd. 7 v. Proof of sufficient and suitable property insurance. Page 7 of 11 vi. No more than a total of fifteen Type C Short Term Home Rental licenses may be valid at one time within the City. 3. The license for a Type C Short Term Home Rental may only be issued to the owner of the property and is not transferable to any other entity. 4. There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a Short Term Home Rental, except that additional on-site city code compliant parking may be provided. 5. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that the coverage remains in place within 24 hours of a city request for confirmation. 6. Type C Short Term Home Rental licenses are valid for a period of three years. A renewal license must be applied for every three years. The Conditional Use Permit will not expire unless its use is discontinued for more than a year. 7. The Type C Short Term Home Rental license is not transferable and shall expire upon change of ownership of the property. 8. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 9. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section 31-217 of this Chapter. If a license is revoked, the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. D. Type D—Bed&Breakfast. Type D Short Term Home Rentals are also known as Bed&Breakfasts and are required to have a Special Use Permit as regulated in Section 31-504 of this Chapter. Subd. 6. Zoning District. Short Term Home Rentals are permitted, with an approved license from the City of Stillwater, in the following Zoning Districts: A. Residential Zoning Districts. Type A and B Short Term Home Rentals are allowed by city license in all Residential Zoning Districts. Type C Short Term Home Rentals are allowed by Conditional Use Permit in all Residential Zoning Districts. Type D Short Term Home Rentals (aka Bed & Breakfasts) are allowed by city license in the RCL Zoning District and by Special Use Permit in the RB and RCM Zoning Districts B. Commercial Zoning Districts.Type A,B and C Short Term Home Rentals are permitted by city license in the CBD Zoning District. Page 8 of 11 Subd. 7. Performance standards. Type A,B and C Short Term Home Rentals shall be subject to the following performance standards. Type D Short Term Home Rentals shall be subject to the standards found in Section 31-504 of this Chapter. A. Parking. 1. In residential zoning districts, all guest parking must be accommodated on improved surfaces on the premises. No on-street parking is allowed for guests. At a minimum, parking shall be provided at the following rate: i. 1-2 bedroom unit, 1 space ii. 3 bedroom unit, 2 spaces iii. 4 and 4+ bedroom units, number of spaces equal to the number of bedrooms minus one. 2. In the CBD zoning district, guest parking must either be accommodated on the property of the Short Term Home Rental dwelling unit, or a parking mitigation plan must be approved by the Parking Commission. B. Length of guest stay. The minimum length of stay is one day. The maximum length of stay is 30 days, since more than that is by definition not a Short Term Home Rental property. C. Number of guests. The maximum number of transient guests will be limited to two times the number of bedrooms plus one. D. Guest records. The licensee for Type B and C Short Term Rentals must keep a transient guest record including the name,address,phone number,and vehicle license plate information for all guests and must provide a report to the city upon 48 hours notice. E. Guest disclosures. The licensee must disclose in writing to their transient guests the following rules and regulations, and must submit a copy of the disclosure to the city with the license application and renewal applications. In addition the disclosures must be conspicuously displayed in the home. 1. For Type B and C Short Term Home Rentals,the name, phone number and address of the owner, operating lessee or managing agent/representative; 2. The maximum number of guests allowed at the property; 3. The maximum number of vehicles allowed at the property and where they are to be parked; 4. Property rules related to use of outdoor features,such as decks,patios,grills, recreational fires, saunas and other recreational facilities; 5. City nuisance ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 PM and 8 AM. 6. No events are allowed to be hosted on the premises. F. License number. The licensee must post their city license number on all print, poster or web advertisements. G. Proximity of assistance. For Type B and Type C Short Term Home Rentals, the property owner or a manager/representative must be located within 30 minutes travel time of the property. The community development department Page 9 of 11 must be notified within 10 days of a change in the managing agent/representative or their contact information. The licensee must provide the name, address and phone number for the licensee or managing agent/representative to all property owners within 150 feet of the property boundary. The licensee must notify neighboring properties within 10 days of a change in the managing agent/representation or contact information. H. Garbage. As required by City Code Chapter 30-1, Subd 5, all garbage must be kept in rubbish containers that are stored out of view of a public street. I. Signage. No signage is allowed on the property of a Type A, B or C Short Term Home Rental. Type D is allowed signage as regulated in Section 31-504 of this Chapter. J. Events. Events are not allowed to be hosted by transient guests on the premises. For purposes of this Section 31-541.1, an event means a gathering on the premises of more than three un-registered transient guests. Events hosted by the property owner are allowed,but must abide by all applicable city ordinances and polices, including the prohibition on renting private residential property out for events. Subd. 8. Required inspections. A. Type A, B and C Short Term Home Rentals 1. These types of Short Term Home Rentals are required to have, and pass, a health and safety code inspection by city building and fire code staff prior to issuance of a license or renewal of the license. 2. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the licensee will know in advance what items will be inspected. 3. Upon receipt of a complaint, the city zoning administrator will contact the licensee and will determine whether a compliance inspection is required. B. Type D Short Term Home Rentals (aka Bed& Breakfast) 1. This type of Short Term Home Rental is required to have inspections as regulated by Section 31-504. Subd. 9. Limit on number of licenses. No more than a total of thirty-five licenses may be valid at any one time for Type A Short Term Home Rentals. No more than a total of thirty-five licenses may be valid at any one time for Type B Short Term Home Rentals. No more than fifteen licenses may be valid at any one time for Type C Short Term Home Rentals. Type D Short Term Home Rentals are required to have a Special Use Permit, but no license is required. Subd. 10. Sales taxes. In addition to state sales tax, the licensee is required to pay the city lodging tax. A. The city lodging tax must be collected and paid either by the web based booking company that the Short Term Home Rental is listed on, or by the licensee directly to the city if the Short Term Home Rental does not use a web based booking service. Page 10 of 11 B. The license application must supply information on any web based booking service(s) used for the licensed property. C. The licensee, or booking agent on their behalf, is required to pay the city lodging tax quarterly. If no sales are made during a quarter, a report must none the less be submitted to the city stating that no sales were made or lodging tax collected during that quarter. Subd. 11. Interchangeability. A licensee may use the license to operate any Short Term Home Rental type equal to or less restrictive than the one for which the license is issued. Therefore, if an owner is issued a Type C license, the property is permitted to operate as a Type C, B or A. And, a Type B license allows the owner to operate as a Type B or A. However, a Type D owner may only operate as a Bed &Breakfast. Subd. 12. Enforcement. A. In the event of a violation or threatened violation of this ordinance, the city, in addition to other remedies, is entitled to seek Injunctive Relief or proceedings to prevent, restrain, correct or abate such violations or threatened violations. B. The penalty for violation of this Section 31-514.1 shall be a Misdemeanor. C. In addition to penalty provisions A and B above, the fine for the first substantiated and relevant complaint or violation shall be $250. The fine for the second shall be $500.00. The fine for the third shall be $750.00 and this third offense shall also result in automatic license revocation. 3. Amend City Code Section 31-315, Allowable Uses in Residential Districts by adding: ALLOWABLE USES ZONING DISTRICTS A-P LR CTR RA TR CCR RB CR TH CTHR RCL RCM Bed&Breakfast(Type D Short Term Home Rental UP' P" SUP Short Term Home Rental;Type A and B P PP P P P P P P P P P Short Term Home Rental;Type C CUP CUP CUP CUP CUP CUP CUP CUP ICUPI CUP CUP CUP P= Permitted use SUP= Use permitted with a Special Use Permit CUP= Use permitted with a Conditional Use Permit A=Accessory use Blank cell in table means that the use is NOT allowed. 4. Amend City Code Section 31-325, Allowable Uses in Non-Residential Districts by adding: ALLOWABLE ZONING DISTRICTS USES CA CBD VC BP-C BP-0 BP-I CRD PA PWFD PROS Short Term Home P Rental,Type A, B, C P=Permitted use SUP=Use permitted with a Special Use Permit CUP=Use permitted with a Conditional Use Permit PUD= Use permitted with a Planned Unit Development Permit A=Accessory use ACC=Allowed as an accessory improvement to an allowed use located on or adjacent to the site Blank cell in table means that the use is NOT allowed. Page 11 of 11 5. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 6. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 2nd day of May, 2017. CITY OF STILLWATER - Ted'Zozr6Wski, Mayor _ ATTEST: Diane Ward, City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Charlene Vold being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s)known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat.§331 A.02. (B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 05/12/2017 and the last insertion being on 05/12/2017. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. Designated Agent Subscribed and sworn to or affirmed before me on 05/12/2017 by Charlene Vold. Notary Public DARLENE MARIE MACPHERSON s: Notary Public-Minnesota my Commission Expires Jan 31,2019 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch Ad ID 687353 .;v,krrvry+'..'!K'+,.r<+.W'',v,.rrvwN rf✓ rwwr ✓,w ..4w46rr'%;m.cGr✓', i„ r.... .......... .: ....:., ,.., ...,:, „ ... �i:�i...., i✓.., :k PAGE A10•The Gazette•Friday,May 12,2017•Daily Updates Online at www.StillwaterGazette.com LEGAL NOTICES would be required who has authored me to sign this document an his/ MINNESOTASECRETARY OF STATE required fields,and that the Information in the document Is true antl cor- her hobealf,or lion both capacities,I further county Plot I have completedell CERTIFICATE OF ASSUMED NAME reit and in compliance with the applicable chapter of Minnesota Statutes. mgl.Y and fields,mrd that the Immurnmeton in this doaiument is true and our- Minnesota Statutes,333 1 understand fear by signing this document 1 am arbital to the peredi reef and in compliance with the applicable chapter of Minnesota Statutes, The filing of an assumed name does not provide a user with exclusive of pel'tary am eek fodh in Section 1402;48 as if 1 had signed this:docurnatn I un+dernand that by signing this document I am subject to the Franchise rights to that name,The filing Is required for consumer pratacban in older under path of prclu y ar set forth in Secure 609,48 as if I had sipnad this document to enable companies to be able to kninttyr the true owner of a business DATE FILED;April 26,2017 under cath. ASSUMED NAME:Seal Guys :SIGNED BY,Jack LaBelle DATE FILED:May 1,2017 PRINCIPAL PLACE OF BUSINESS: Published in the SIGNED BY:Bradley S.Fischer 851 Oakgreen Avenue Place North,Stillwater,MN 55082 Stillwater Gazette Published in the " NAMEHOLDER(S):Jack D.LaBelle May 12 19 2017 Stillwater Gazette 851 Oakgrerin Avenue Place North,Stillwater,MN 55082 686949 May 12,19,2017 1,the Undtfa grand,burbly.that 1 arnsdgntng this donemenR as the parson ' 687146 whose signatatm d5 requince or at easier oaf the Ipaccur 1 whwme-algrionine ...to be Iter eed when has roromad me,to mgn thisdfwkdmtant am bill . her behalf,or in both capacities.I further certify that I have completed all Continues Next Page.: CITY OF STILLWATER cable items found in this Section 31-514.1 are satisfied.That includes: ORDINANCE NO.1093 A Conditional Use Parrottflee been foregather than-,Mpeet goodwill,and instill valid, 'AN ORDINANCE AMENDING THE STILLWATER CITYCODE CHAPTER 31,ENTITLED 11,The property baa been gendarmes no fide than$0 days Parlor to suanceiron of the It,,"'are application by Z91NtNO ROINANC,.EE BY ADDING REGULATIONS FOR SHORT TERM HOME RENTALS city building and fire-,I.IlnTmense and found to most the smartening cope standards applicable to renting a 0 "HE GITY CD0.IBi 471'T61E'Off?OF STILLmseffER DOES CRDAIM home ore a them Tenn ball„, -. 1.Defir,'an. grain-risperegicim rnuat becamplatel Auld l the inspection report riblefinvel togetherwtth the license application Agand(Tfly Code Chapter 31.Section 3l-101 Definitions,by adding the following; folmred othlYr nlioossafylltate4ftts Wiflbutfin.asoesion report,The hodnce application will not ba considered VISA,t. F denary Residence,holme the dwelling unit within which a person I vert for six months plus a day Octobers,mor will it be accaptod by the city, durlr M;a ealen der yemr: b.If the mspajC41or1 Itlemtee ftaraxa that rnrusk lam oorrartmi'J,:epl oarteckians osier be completetl end verfietl by 919.2. Primary Resident,means a person living on a property where the property rs the person's primary the city prior t,ruhnm tting lab epptXco'tlon mr ike Shall Term Harris,Rental Iicansa. sidonc it.Proper zoning as found in Subtl.6 1419 1 Slk.,4 Timm Home Roraaal,Type A(hosted short term rental)morns a dwelling unit that is offered td tv Performance standards as found in Subd.7 translate auoirz for a period of lose flian 30 consecutive days where a princely marbi lit of the property k4gilma q„ v.Proof of sufficient and suitable property insurance while the toulsoet puasts axe prosea'vm. vi No more than a total of fifteen Type C Shod Term Home Rental licensesmay be valid at one time within t4a7 hirePnmu'h9errva pence,Type 8knhbaredt Inert darn wrimlimeans adreatf,g drill thesis offered in the City. r Isnot ga'. rel�t failed at lean trtepn Oa oarrsoa him o days,ry pa em,"o y ny serye,,as a par sues printery 3 The license for a Type C Shari Term Home R amal may only be.sued to the-,or of the property and s e.'Yr^.no int apinmary resident of the peopart}+gsrrr)}�avrlwhile.the hardiest ploesrs are prossori This Type nett sfersbm to any other ealty. E ui s.i, ,d Short Tsan {army permit co any Aric.serary DwellUnits loo-owner occupied Rottman lir 4 them shall tae no change in the exterior appearance of low's haeme or,premises,or other visible malldence of rnogmar s,aw rapani Is. tea raorr:duGt of a Shoo Tamm Ho a florltal,eynmpt tlwak addrtkglaaR on-seta dtly code¢u'.mpplant tcertalo0 may be 145..'1 Shind Teri,Hume Rental,Type C 1Jadre clod shall term rental)mom%a dwelling are that is shame to pmv'ide.d', hanslent g e 6 tar+a period of less than 30 col obuiive days,where the properity does not,serve,as a person's 5 Re,acenseo mnot puuvide.proof m siaerciemf and suitable property roam ounce at the thin ofllicens,Issuance, prr,pry onlidenion and mum he she to confirm that iliac veraga angles in piece within 24 norri of a Cityraquaat far owafirrnallrn 145.4 Sigh Term H ma pard L Type D(Bed&Breakfast)-see the definition of Bob&Breakfast In Para- 8 Type'C Short Term Rme. vmlad far a partial of three y earl,A renewal plomens agent be: graph 16 191t a 0.aeTfnit on Sectlnir 31-i01, applied for every lhrae years,The Camdhiohti Use Pluralwill not expire oats®.iia urs da Hfs'conttra ed for diem 2.Short Term Home Rental Regulations. their a inner,. Aabtm i sena C.d.Chapter.3t'by,acrding fha'tollowing Sodom 7.The Type G Short Term Home Rental license is not transferable and shall expire upon change of ownership See,$1-514 1 flhart-Tar's Hound Rental Regulations of thou pedy. Sika 1 1 f trritoto,Tha purpose of this'ae ami,1.514.1 Is ter r bw$horn Tetrrl Homs Remade where appro- 8 A license co stltutes a limned license emoted to the applicant by the city and in noway creates a vested Pilot..whops rrtrgahng.Impacts upon 5unoumding properties by Implementing balanced regulations In proloctthe zoning right. nduprio,of the cry's ctrtiol rn roods as well as protect the gamma public hedtldl safety and wolfram, 7�It gives srbammilmo d and relevant complaints am hKoNed Imm neighbors or guests wise n a 12 manah'...... S,md 2 0.1,tins®required.No gimpery,may be dead for Type A,S ar C Short Tarin Monte.reartal.a rises ltmrlud film Ilr„;srrsa shall h.rmwokad The ravoc*4tim,may Its gcpaadad to the City council Fumbling to procedures married license by the racy, No property may be used lair Type C Short To Hama Patial unietns glicated a aleYatehsarad Um 3aantlpn,Ym-2t 9 a#'pits Chapter.tf a lfcamaa is mavokad thm owlrer s peahroltadTrarx makuvg appll- C unditoanai Use Prtattt and a Ise Ins zby the may,Nit properly ropy Ire heed for'lype D Shf r od m`Hopho Rartol nation for amntfoern ea lioa for any type oY Sho(t Term Home Relttal for six maroons. (a.Fied&Rraahaaa'1)unpassgmsMa4a Spacial UsaPglydiY oytttsrettypursuanlfo5m4lion31.604 prints ChagtYar: b'lypt.D-bad&Breakfast..Type DShort'grain HarrisPenta@sser,also known as Bred Jit Breakfasts amid:ave load t7 t Ionrr„e,apotdcatktrr Airy prgpatTy sonar dentode ma undertake resat Tann Warne Remaps if psh iiequirncl Kra have a Sp.oluY UsePmPnBit as regulated In SarRdon21 504 otl in.t;naptar, arnp:ly t a Ger commuN ity davatattmri dmpadne el:fats a Short Term'i Home Rental Use- A Ilo has most be Subd fi Zpraing C}IslrlcE Shoed Term Homepermits am paint ttmd„with an appromd lloansr Ymm the CHy"n} approved print ro olt,lrahnip within his dui,. The ecenoe application appear must be nubrrtkted on the foam Sh1w rl ar k the tollovrmag dorring Clearers, personnel I yu r.aly ipcel rn iso include all the Information requested he Bheappl[calpm farm.The llcerva$pich. A.glicedexrtlal Zoning Districts. Type Aand B Short Tarn,Home Portably ime,showed by city license in ail Cgke,.unlet b a.'.ptad by theory a atasa an Inspection soon has been signed by pamonrwl from both tin. Risatdonfim Zanerr Dingats."type C Short-rat,Horne Hughes are allowed by Conditional Use Permit In all ties- ntly'.e fire depe do reel and bulicllirp de ertnre tt. 1dmnYfa)Zoning py{striots.Type:D Beal Term Hem.Rentals take Bed&BnaakfAstat ams allowed by city Iloe tea torr SutvciA Lm mono lee.The lloerries application form must be accompanied by payment In full of'transposed the RCL.Zoning,Digtopt sold by.Special Use PwmlR In the He and RI Zoning Districts, ficetarser ep plk amen too The licensee application fee amount will be as detarrm rson by the city counsel do oto city B Gismememial Zoning Dwffliofa'Tips A,8 and C Short Term Herne Rentals era permthod fly city Iloa'nSo 1, Tato caahmkfl.. the GBL)Zoning Dialect, I, Subd.5.License issuargo,The process for review and issuance of a license will vary depending upon the Subd.7,Perfmcnanc.e standards.Type A,B antl C Short Is-Home Remain shall be subject 10 the following type of Short Term Home Rrrmlal ra,.follows: pertohdanme.eifainese s '1'yt+e D Short Tonwi Home Rentals shrell be subject to the standards found In Sanction A.Type A,traded Short Term Home Rentals.Type A Short Term Home Rentals are required to have an ad- 31 504 Of this Chapter. ministratively issued licansefrom tile'cpty. A.Parking, 1.A Type A Short Term Homer Forms]license or arestal ipeaente will be learned administratively only if: 1 In rmadalentle txnrt ngrlpstlrcipts,all guest parting must be m uUmmod®ted on marowedsudtxems on the prem- 1,Thr eo-a and in s on the application than peat all appaf sable hems spend In this 9mos n 31514.1 are s-No aluti, mm parking I.slowed for queen.At a minimum parking shall be provided at the following rate: sadelo.l Ihat sid I— 1.1-2 bsrioxert gulf,')space a,Proper zoning as found in Subd.6;and - ii.3 bedroom matt,2 spaces b.Performance standards as found in Subd.7. iii.4 and 4+bedroom units,number of spaces equal to the number of bedrooms minus one. I.Thr)applicantrainsmor t plan,drawn to scale arming parking and d6vowayv,all stmalures and cut. 2.In the G817"aim y;dlalriat,Sural peaking must }ktoar be accomagandi ted An the lrmparr y of the Short never, door ra aau or al s m m that guests will be alleged to use,including,but not fircued to daoWpatio,baabsque: Hor'n5 Rental duelling unpt,or a parking ldltlgatlorn plan drat be approved try:tlla parking Cearranbries poll roc n 11 n i f a,r sauna. Slattern ref timer ai fps allencien length probe is arta Jay,nit maxhnum tangier of slag as aft days etnce a.Tiro upplDenlsubmits a floor plan,drawn to scale,of the home identifying which rooms will be used as mors,than that H by definition not a Short Toro,Hums Rearm property, transient guest g ditoems. CNumbarotquesm,'Thearnrcdmunraumfter mf tma ratrwyt-9tiasta will Do logged to two times lila number of..... um:"Yht p.nraipanq^pras.�ras thm,ryity Irrspacfion(berm SncGlor:dY-514.'%Subd 0®)Yari rcrsldentimtisode st andmd.. byrIme rns rim.one rlca lr able tae rendre a bison on a short tame lepsis:The dist of health and safety items haat will be Incanted for G.Gayest records.The i nagene fort ypeB and C Snort Tartar Reemale must area a transient great record in- file pension will he Included amongst Hooloss appliorgirn dirmig is as that:tae property siorde will know.¢hat eluding the ryai acidness,phone narrow,and vehicle license plate information for all quests and must protide mare will Ira nopected prior to upbrvrifttn9 the license a ritimpront to the ufly, a r.part to the sky upon 46 holes notdce- re An Inay.eucoan inner be compo err shat n 60 days prior ao inertiasdarr at the ipcen-appNemkin form. G.Guest disclosures.T9r.it erus:nc it at dlsrl¢,e do writing Is their fmarnamin guests the fallowing rhes and k,All hat ee"llon mean nlirup in$miamntaeb together ve'on Via Ita.nem air suancn ford add oft..roommate, ntgitinors,and lost submit a copy of the disclose,to the pity wide me license appllcardin and ranavral appli- r reteilet.lonboul sm Inspects,armulfmshours.¢tarpmornron.wlil not be considered compdntm,d}nr will it be cartioda,Iso aandiJnu97reckreolomamaas rnraG be nddllsplcuoufSRt 4il57a8axenJ dei Tires rinma .q.fred uyr hha c W. a For Type f3 amd{«Sirant f ion i^lora a Rmratala,tiny Itanra,peace mmdar arorraddraea of the ovan.a,rumenting a If the Inspacrtar idinifles items:drat must be canceled,all..-ofiche must be completed and venfled by lassos or unicaotleg affeelcuirpramenterrom theVcity prior to sagni8ing an appl'icat"an for his Short T act Home Rental licanss. 2'rhe,maskrum inimmon of guests showe�d.at Via property; .'I lose shall be to chmnpe in the axtarlar appearanaoer of the Irshir or prism ear ati visible;evidence of 3 The mrodro m riumptet of vehicles Pliloii at 11 Is pec omen,and where th+ay are to be parked; biro,nunduct of a Short Teol Home Rental,except:that additional yr-ml city soda romploc t parking may be 4 Porgan ty ruler orryed go are.11 Nadmir hisidee5,4"h.afl decks,P.M..,grits,recraefleard fires,saunas picA iaat, and other rescleahorral year0i sir isle Th.11ir. a-most policefloor ofasnifelointandsultable probaarly,nrwutur.at the firmof floor..laser onai, 5 City prigboume metuapseriwill be enforced by.the Stillwater Police Department,including reduced noise .nd,nit be two to cocoon Died the coverage madvahns In pinczr ev iri'dAhours:of a.city rmquber dr,orrnfinaatiwn;, levels between 10 PM and 8 AM. 4.Li rren hroomwohie and tried svpEre opo-Ponaged rthIr mrolmhv mf 11'.property. 6.No events are allowed to be heated on the premises. AYrrrwasra ory,terlpuaur a Idrnnmd',license guanNed^ka'n rive economist by the oily and in ru way clusters is rented F. License-number.-The licensee must past their city license number on all print,poster or web advertise zoning r gra.. rents. . d.No omwm that ie late l of thitty-frot Type licenses may Na valid when the city at car,gone, G.Pmxhnhy of asslstand&:For Type eeund Type C ShortrTarm Home Rentals the property owner are mear, id unn,..substm ltiamd arup rmlmva tt carmpHhits era racaivvidfrpm nsightxrra paguests within alp mother, 8yahignmeardidfiiva musttsalocated wAi.3tr. mknalim,travel tinge of 0nrdpremp9rty.The aterirmeuakty dovekangraat: tsurlort„dhrm tliuwr sa shalt/bdnlewukera.The revocation may reappeared to the city acro all puou roti to prcoodu e, department must be pointed within ltU da cot a change in Cha r'nbrwaging-ageu'Wrapresr9rrfativE qo t#rafraktirvmuk zablli,anrA in.."radion 3l-?1't otthta fawapYrx If.fibrose ds raverred;'the own.a prohlbhed from malrng rftmi- teforrnmtionr, True koaroao rneosl oroalde-aha nlarrta.addrasm and pnhnnp rnrinber for tllhm llowdiz'+aernmanagiag in,,a.,wroth (license for any pp.ioShort'For.He,,.Rentalirirsix greens, agerhtmalremative to.11 popady owners within ISO bet of9tlapropady,bwwrk rye Th.ha&nm irerseRnetlily ty.l,.ldonde,*,n,.solid fem a p.d.dl d£tilw ynzars.A ranewaB 4 c,vit.m.M beappg.d for.-,y ti,..y.,,s. neighboring propratms within-9 q days of a charge la the manmglng ago-thforpreaeMataan of contact lnforgatimm. B.aype l3.,-Ueho led Sholt Tarre Rental.Type 8 Short Term Home Problem,am requuredan have an ad In- 11 GmYSage,.Re mquaad by City coda Dhep'Cap 30-1,&too 5,Al gremage hung he Wpt In rubbers againmom IatrarClvrpy I­rod Worse from his city, prior to d,s d og rhe aleomm,It neighborhood nathicatioro tg?mqumed,as tasters,armed ago of vI..of.i'utye,street. specified below, I Blpnaga,No sigmapa I..1l Awad an.ifro property of a,Type A,law Q.Shor,Term tgorge Bgntal.Type bis t,.A Tyrie 0 Shoot Torre Hutea Rental license air"mnewal 6areae Will be Issued alhwed almost mr,regulated in Section 31-50 If of Pit.Chai Crime oppilewil oukrcngh..We pian dr'awe to,male.showing parking and driveways,all arrowroot and out- J Lventa Divans..net staved to be hosted by Grenassif gusels on tete premises.Far proposals of this door mosimbnrad times thatggoyts%Will be allowed'.to use inctudhfig butl not linked in,afactallatlm bammius. section 0f4to;r,1,'an,event means a gathering on thermlo.ds of Mora than three un-reasharedtransient guests. g-J,rre-meticnaam the,ce sauna,, - Events hosted by the prapady"Jourare ail uti but must maps ley,all applicable bay ordkaancea and polices, ii.The tlpplignim ne iaahs a floor plan,drawn to scale,of the home identifying which roams will be used as Including fire pfolkliehon bra renting innore noterenlfai ancestor out lar events., transient pacer:hadichare. Subd,0 Required inspecTlons. iii.The llejrese,cenlfies on the application form that all applicable items found in this Section 31-514.1 are A.Type A,B and C Short Term Home Rentals satisfied-Thal incl admsr 1 These types grSted Term blows Forkme'ara rsq.1and to have,and;Fall health and safety cad.firopme- a.Proper zoning as found in Subtl.B fee by r fly building and fir tor;,staff pilot"tota mporsexit m across,or eulogist of the pert r. b.Perforrnance standards as found In Sued.7 2.T he list of mmiml}y std safety Items that will be inspected for this:purpose will be Included arnonmetiboardsa c.peof nl o fide rt.,fit mlmiare i property inout'aalca. application romemials eta that file liberseaa will know in advance what grow will tie Inspected- Iv:No rmorm ihnnTa lot I roffhlry flvaType B iftergeres unary be valid within the Cry atone trme. 3-Upon regalpt of a domp9alnt,the city zalaimg arl n nitander wilt scatter the license.add will dat9men. v.Word-.,heves been(rated by the city to rail amrhundtlng property owners according to the following slam- whether a compliance imspirmoin Is required. partes: 9 Type D Short.farm No.,.Rentals(mea Beed&Breakfast) a.150 feet of all applicant properties zoned Be,OCR,OR,TH,CTHR,RCL,RCM,RICH,CBD; 1.This type of Short lot.Ithere longer ist trained to have Inspections as regulated by Section 31-504, b.200 favi of ail apps cant propeddaa..nods RA,LH,CTR,TR; Snlbd,9 Limit on c.unber of gainers.'No heroin Gharr a total of thlrly-flea flesh-may be wand a1 any fine.. a 500 pat of all applicnigi p egrecher zonaij API'and - ,t'T'nea for Type A:Shorl msm If-.Rentals,No mer a tha a a t'ot'al of thirly-nave timings may 1)p valid at pay am A."fl rran eve rte nblmcY(oaa rocs pvad Iry Ynm.ett'y wUfhm ten days esf mmlhag dmglaoticaa.: time for Type&.shut Term Home Reads,No nos,than import moblesase may ha cold at any one Ore for Type ra�e unlet lions am mm.b(wmd,tJ1mn tlha Ilcantla tai:iurfaG nxusY box ansddoimd ky tiger Pdtmnlrrg aodnitlissicno.. p Shan 7remu drama Ramada.'.type D Short Tama Hamra Rentals are req,uted Y'o have m Special Use Psnae,but Q9),Tela darmsivg commission Mast hold a hid dn9,to which gnu ghbore within the above defined notification no license is mainland, arm aro anwited In ofltler exaneremnhs. Shod,10 Sales tmxas hi addition to stat.sous aarc the financed,is coati to pay the city lodging tax, g2l.Arts considering the ikermax requostand hearing comments dram the mild repos,the planning coul mission "A.the city kidgrnrg tau mdsl be collected and paid either by the web:based:banking actnpany that the Short G may atter er apir ow,aura year pmrmmra a license;with or without agmelions,at only the Hearst Magee, 'toms Home Rental is aired on,at by ohm laeemazz directly to the el#y If thezShop,term Home Rental does hot use �. r$t',i 1fthisamresupartmospamlavantoomplonrefrearmill ossfor gueadidurity the tx'mpboddyear has as won based booking 1vires, . lne'lif wllp oulommfgraty,extend two Mom years it those the rates siubman,lated rmdsvant complaints the Prove B.Tha license application must supply information on any web based booking services)used for the licensed rsocir kroruse a tagen ntn4umllpy romemd.,.it the owrnaPis prohibited from mahii g appl insider for amauten license: Propi f for any type of Spron i'trrir Hone,Retire,tar Is rrwntht, C.the kneecap or booking Againt an their behalf.Is required to pay the city bulging tax quarterly tr no saves wii.'tdsa prvaprerGy pa»ape tN,s'oYt7i 6nspactlovl Gsma SeoGeom.3Y°St4,�1,fto nd.4A9)tar:rmragd.ritllal lade ataxlriardw. as urade 11.0119.quargo a repair must none tiro less be,xbmthers to the city stating that no sales were panda ttplrlrca�ttls t E are a hu ren on ar snort ter m ona]rs The Ist of hmeath add safely rimu nm that will be heMx ted for or tcrdgl ag dax ppllautad dur(rlg ilia[aluarter. odan Crruopossi w]I be included dvnar4fst Ilraans,a app ration nlatrrialoso Ihap the property owner will know roba4 :Said,11, hit...hangaa)adiaty,A licensee my dam the ramen to hpanfle,ply Shot Tom Home Respal type cher.11111 b.J1,mpm,pd prior Co rsubminingy RIO Iitione,appl nmrorrtu inanity equal to or Mesa(Immotho,blue the one forwwhihh the i-%.':is hasped.Thensfin y If an maga,`I.luded-a Type rrAri dresppaaron p'musa beaardps ed within lig days priomo subrissize of the lgsansre application fora tC Inches,the prapsdy is permitted to operate as a Type C,B or A AndraType B license,rilpws the owderto la.An h,spotiiron aservirt rnaat lis subir ttndl uograhr r with 9'.license opprloiii form and othu,movaaektyopar0.fv as 4Bl11 o A.H 11-1 a type 0 owner may only operate acs,a Bed&Breahfact., poials W if C 1 Ghe.dnsp: f err.report,the license app6uabon.will runt be considered Complete,per will it I. quad 12, d Cafen t � tonpyled by fix,ony. A Ir grievant of a veteran or threatened vblradioat-cat this ordinance,the city,In addition 10 other homesick, c.If the msperoton idem fies items that must be corrected,`ail corrections mask be completed and verified by is entitled to seek Injunctive Relief or proceedings to prevent,restrain,correct or abaYo conn,violations or throat the city one,to sumnstfing me applicaldon fpm the Short"feria Home Rental hcebaer a...I violations. 2.,1 here shall be no change in the senator appervence of the har m on premises,o'.oftsr visible evidence of B.The penalty for violation of this Section 31514.1 shall be a Misdemeanor. nee mine duatt of is Short tech Home Feature,tune,expapt that additional an-she city cots,compliant:parking may be C,do additions to primary provisions A aired 8 above the fine farthe fimt substamialed and relevant comp lent a eve0d.d. or vlo no shell be$260.Th.fine far the Word d shall his$500.00.The fine for the third shall ba$750.00 and sT 1.o.-v .+�..,,,.ae.,...,...,r-,rr,.,en:.,,,.r� evl,e.,....,err,,. ..,.,.._.,.«,e...,o II---- en,amrrn,ra�„4,.� 11..IGUW„,,.,,.r.r r.,,.,,.rr. ,,..,,...,,. 0 ,-� o o a a 0 ° 8 oUC a a U LLY CL a N com ro y ro N r p- o r c� p c U -a U 1 o u ro ro ° a a o N ro ° ro� D KJ 0 U' v o � . �y ra m a a o 0 N a v co JIO �, Ca C7. 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R`Iq a)" a'O tl a) a) z7 Q °L U ro '' E,&7 O',�I 07 J p ro,m-, - t f- aty "1 a a r E c 0, ,° cy ` r U >", 4 o e L c _ �_ k" e �pp e C1 N E' a� q�yrr 'u3 .-10(D'C r.°)U L 7'w�. 0.7' ro""" - G O 'C ay., ro.a U ,>> yy �J„ ,' L N aye? w E rer1A 0 � v N c U „ 'ernca hyo aX 0. 3 p atet 0 ( M i tlP�4 f '4 0 1 ,4 CITY COUNCIL DATE: December 28, 2017 RE: Appeal of Parking Commission decision not to restrict on-street parking space next to Mills on Main garage entrance FROM: Bill Turnblad, Community Development Director BACKGROUND The Mills on Main Home Owners' Association (HOA) appeared before the Downtown Parking Commission on November 16, 2017 to request that a restriction be placed on the first parking space west of their residential garage entrance. The specific request is that in that spot only standard automobiles should be allowed to park; no trucks, vans, SUVs, etc. The Downtown Parking Commission denied the request and the HOA has appealed their decision to the City Council. NOTE Details of the HOA request and reasoning are attached. ACTION NEEDED The City Council should consider the request and decide whether to apply the restriction or not. bt attachments: Request email Parking Commission Minutes Bill Turnblad From: Cameron Murray <ctmurray@mac.com> Sent: Thursday, October 26, 2017 12:28 PM To: Aimee Pelletier; Bill Turnblad Cc: Dave Luth Subject: Request for parking "for cars only" on Mulberry Stillwater Mills residents have asked me to have the parking commission formally review our request for a change of parking along Mulberry, on the north side of the street, slot east of our parking exit. What happens quite often is that large vans and trucks seem to park there, completely blocking our view of traffic heading west on the street, down the hill. So as we exit the garage we have to really proceed into the road before we have an opportunity to see vehicles heading west. These vehicles have not been associated with the construction next door, and this has been a problem since I moved in in 2013. Apparently, in the past, our Association asked that this parking spot be removed and this was turned down. Could the city designate this as a car parking spot only? This would help and this is our request. I think the condo association would even pay for the sign or other markings. I have included some photos of my car parked in the spot in question. I was hoping to find a van there, but I am leaving tomorrow and one has not been in the spot since I got the request to petition the parking commission. But even with only a car there you can see how close the back end of the parking stall is to the exit ramp of our condo. Imagine a full sized panel van in this location. Also, next year or so, the Crosby Hotel portion the parking ramp will have access/exit driveways close to this location. It will be more imperative for a reasonable sight line. Thanks for consideration. Cam Murray Begin forwarded message: From: Cameron Murray <ctmurrav _mac.com> Subject: Parking Date: October 26, 2017 at 11:55:01 AM CDT To: Cam Murray <ctmurray mac.com> i oi at^"°"^rra%w"'v°rd ¢Mt mu MN v�81M. li uFmv iw ln`Y1M avuuWu�u 'M ANIM+ MMtvaX , MMHI r ur �,r t. mm�' awynMa uuiioMv Mmo utMii ii i � / + rl 1 .�✓� m v vMr w I �' Xo�' ryyy,,�. yJ/ �� �' �+ l �;.� ?fir ` bl e� 10 r✓ '"" m ''":JR kjquooinu0 VA vwm „,awu uM raHuuun�oMM°""M o-umi , '♦!�� � ✓C�tg+ X+'�.� t � � u�''�iumv'ti"�uv^re ��Ji�nvu�,noM d i w� �.. t �, �v:�•vnxw°,. �irt�iV�aMM�vr>:'XM + Uuuv'il a1 . ��i4 +iV rd{Yp�w MMM �r a+uMmv'u mood �Mua ! iu�nnJa�lrvq MVW < '� ioo�r�um�tw�m muuMgo IMM+11Y SS illow 11111111 02 imut IMUN m; NO 0111, + ilii l n. f / Q /��/i/y✓/�%iii /��/%//�// %Ji/� %i ul i " i re y iii w»..�. r u +; � vw.+ IIII 9U➢ul mrX 7 .! ^ I r�' r /r x i n f vmpy,Ogg IIN r, r /r 1 !wa tei ..r To: Mayor and City Council From: Diane Ward, City Clerk Date: December 29, 2016 Subject: 2018 Vice Mayor Appointment DISCUSSION: As required by City Charter,Article VI, Section 6.02,the Council must elect one of the members to be vice mayor who will act as Mayor Pro Tempore during the temporary absence or disability of the Mayor. ACTION REQUIRED: Elect a vice mayor and adopt a resolution entitled `DESIGNATING COUNCIL VICE-MAYOR FOR 2018." Nva ter dministratioll To: Mayor and City Council From: Diane Ward, City Clerk Date: December 4, 2017 Subject: 2018 Council Representative Appointments Each year the Council reviews and appoints a Council representative(s) to various boards, commissions, and committees. Listed below are the following boards/commissions/committee and the 2017 representative respectively. BOARD f COMMISSION COUNCILMEMBER Convention &Visitors Bureau Councilmember Polehna Downtown Parking Councilmember Junker Fire Relief Association Councilmember Weidner Councilmember Polehna Heritage Preservation Councilmember Junker Human Rights Councilmember Polehna Joint Board Mayor Kozlowski Councilmember Weidner Joint Cable Councilmember Weidner Library Board Councilmember Menikheim, also currently a Board Member Middle St. Croix Watershed Councilmember Menikheim Management Alternate: Councilmember Polehna Park& Recreation Councilmember Polehna Planning Councilmember Menikheim Water Board Councilmember Menikheim ACTION REQUIRED: Determine 2018 assignments for members of Council and once determined, Council should pass a motion to adopt a resolution entitled "Designation of Council Representatives for Boards/Commissions/Committees (2018)".