HomeMy WebLinkAbout2018-01-30 CC Agenda Packet CHANGED FROM 2018-02-06 -St i I IWI(a t 216 41h Street N, Stillwater, MN 55082
651-430-8800
The FintFFWaceofMinnear>cAa J' www.ci.stillwater.mn.us
REVISED AGENDA
CITY COUNCIL MEETING
January 30, 2018 (CHANGED FROM FEBRUARY 6, 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 Lily Lake Water Quality with Middle St. Croix WMO
2. Discussion on Special Event Policy
3. Update on upcoming Legislative Session (February 20 - May 21, 2018)
IV. STAFF REPORTS
4. Police Chief
S. Fire Chief
6. City Clerk
7. Community Development Dir. - Update on Goals for Comp Plan
8. Public Works Dir.
9. Finance Director
10. City Attorney
11. City Administrator
7:00 P.M.AGENDA
V. CALL TO ORDER
VI. ROLL CALL
VII. PLEDGE OF ALLEGIANCE
VIII. APPROVAL OF MINUTES
12. Possible approval of the January 16, 2018 regular and closed session meeting minutes and the
January 23, 2018 Special Joint Meeting of the City Council and Planning Commission
IX. PETITIONS, INDIVIDUALS, DELEGATIONS &COMMENDATIONS
X. OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are
not a part of the meeting agenda. The Council may take action or reply at the time of the
statement or may give direction to staff regarding investigation of the concerns expressed.
Out of respect for others in attendance, please limit your comments to 5 minutes or less.
XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to
be routine by the city council and will be enacted by one motion. There will be no separate
discussion on these items unless a council member or citizen so requests, in which event,
the items will be removed from the consent agenda and considered separately.
13.Resolution 2018-023, directing the payment of bills
14. .
r,-Aix-Ree-Pe t;,,") Tonto,-p F 9 t (moved to February 20, 2018 meeting)
15. Possible approval of St. Croix Valley Recreation Center Capital Budget request- Dehumidifier
16. Possible approval of St. Croix Valley Recreation Center Capital Budget request- Dasher boards
XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR
COMMENTS TO 10 MINUTES OR LESS.
17. CPC Case No. 2017-87. This is the date and time for a public hearing to consider a request by
Ken Heifort, property owner and Todd Gans of Integrity Land Development, applicant, for the
consideration of a Final PUD, Preliminary Plat, Zoning Map Amendment and any Variances
related thereto, for the property located at 8911 Neal Ave in the AP District. PID
2003020220017. Notices were mailed to affected property owners and published in the
Stillwater Gazette on December 29, 2017. (Resolution and 1St reading of Ordinance - Roll Call)
18. CPC Case No. 2017-68. This is the date and time to consider a request by Michael McGrath,
property owner for the consideration of a Zoning Text Amendment to allow retail use in the
BP-I district by Special Use Permit for the property located at 1815 Greeley St S in the BP-I
District. PID3303020320003. Notices were mailed to affected property owners and published
in the Stillwater Gazette on December 29, 2017. (1St reading of Ordinance - Roll Call)
XIII. UNFINISHED BUSINESS
19. Possible approval of sanitary sewer adjustments (tabled from January 16, 2018 meeting)
(Resolution - Roll Call)
XIV. NEW BUSINESS
XV. PETITIONS, INDIVIDUALS, DELEGATIONS&COMMENDATIONS (CONTINUED)
XVI. COMMUNICATIONS/REQUESTS
XVII. COUNCIL REQUEST ITEMS
XVIII. STAFF REPORTS (CONTINUED)
XIX. ADJOURNMENT
St. Croix Watershed
Management Organization
505 acre
Watershed
266 acres
flow into
Brick Pond
then to Lily
Lake
239 acres
flow directly
into Lily Lake
90% flows
through City
stormsewer
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2/23/2018
1
Why We Are Working on Lily Lake
Lily Lake was listed as
impaired for too much
phosphorous by the
MPCA in 2002.
Impaired Waters: waters
that do not meet water
quality standards.
TMDL: How much
pollutant a body of water
can receive without
violating water quality
standards.
Lily Lake
Stermwater ReUufl sse55ment
2/23/2018
2
Total Reductions Ad
4,A44•1•4•44knitreo." vier „
=
Attirktge
11$1.4,40:44.144.
CLEAN
WATER
LAND &
LEGACY
,NAti
Lily Lake Water Quality Improving
Mithlic Si. 1.01:K rs he d Management
Organition 20.14 Wider Monitoring Report
• In 2014 Lily Lake
demonstrated a
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•••• ••I
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2/23/2018
3
GM. 5/reeL13.37, 2%
SlmrC, 33,1% 3.3%
t t¶ "
II
CLEAN
WATER
LAND &
LEGACY
\rom
2/23/2018
4
' Address the
areas
contributing
up to 600 of
the annual
total
phosphorous
to Lily Lake
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2/23/2018
5
Feb 26th Parks Commission
March 15th Public Input Meeting
June 14th Draft Report
August 1St Clean Water Fund
Grant Application
2/23/2018
6
2/23/2018
2018
Complete Feasibility
Complete 40% Design
Evaluate Internal Load
Apply for Grant Funding
2019
Final Design and Installation
2020
Installation
2021
Evaluate Need for TMDL
2022 Treat Internal Load
Middle St. Croix
Watershed Management Organization
2015-2025 Watershed Management Phut
Mikael Isensee, CPESC I Administrator
Middle St. Croix Watershed Management Organization
Watershed Specialist I Washington Conservation District
Cell: 612-839-6492
misensee@mnwcd.org www.mscwmo.org
Questions?
Underground Stormwater Storage
and Infiltration System
(Arlington-Hamline Facility)
• Total Capital Cost: $799,000
• Storage Volume: 86,000 of
• Drainage Area: 50 Acres
• 849 Feet of 10 -Foot Diameter,
Corrugated, Perforated Metal
Pipes
• Vortedt^• Serres as a
Pretreatment Unit
• Began Operation, Fall 2006
Capitol Region Watershed District
2/23/2018
8
City of Stillwater, MN
2018 Community Survey
Aboutvou
1. What is your association with the City of Stillwater?
(please ✓all that apply)
❑ live in
Refer to map:
Stillwater
Which area? ❑ Area 1
❑ own a
Refer to map:
business in Stillwater
Which area? ❑ Area 1
❑ work i
Refer to map:
n Stillwater
Which area? ❑ Area 1
❑ Area 2 ❑ Area 3
❑ Area 2 ❑ Area 3
❑ Area 2 ❑ Area 3
❑ Area 4
❑ Area 4
❑ Area 4
❑ Area 5
❑ Area 5
❑ Area 5
❑ Area 6
❑ Area 6
❑ Area 6
2018 Community Survey
Survey neighborhoods
I Area 1: Downtown
® Area 2: Historic Neighborhoods
Mi Area 3: Central Stillwater
MI Area 4: West Business Park
_ Area 5: West Stillwater
Area 6: 2015 Annexation Neighborhoods
1/30/18
2. If you own a business in Stillwater, do you own or lease your business property?
❑ I do not own a business in Stillwater
❑ own
❑ lease
3. If you own a business in Stillwater, how long have you owned it?
❑ I do not own a business in Stillwater
❑ less than 1 year ❑ 6 -9 years ❑ 20-29 years
❑ 1 -2 years ❑ 10 - 14 years ❑ 30 years or more
❑ 3-5 years ❑ 15 - 19 years
4. If you work in Stillwater, how long have you worked here?
❑ I do not work in Stillwater
❑ less than 1 year ❑ 6-9 years ❑ 20-29 years
❑ 1 -2 years ❑ 10 - 14 years ❑ 30 years or more
❑ 3 -5 years ❑ 15 - 19 years
5. How long have you lived in the City of Stillwater?
❑ I do not live in Stillwater
❑ less than 1 year ❑ 6-9 years ❑ 20-29 years
❑ 1 -2 years ❑ 10 - 14 years ❑ 30 years or more
❑ 3 -5years ❑ 15 - 19 years
6. How many more years do you plan to live in the City of Stillwater?
❑ less than 1 year ❑ 3-5 years ❑ 10 years or more
❑ 1 -2 years ❑ 6 -9 years ❑ I do not live in Stillwater
7. Do you own or rent your current residence in Stillwater?
❑ own ❑ rent ❑ I do not live in Stillwater
1/30/18
Quality of life
8. How strongly do you disagree or agree with the following statements?
(please circle one rating on each line)
strongly strongly
disagree agree
I feel safe walking alone at night in
-2 -1 +1 +2
Stillwater
Fire/police response times are acceptable -2 -1 +1 +2
There is sufficient police visibility -2 -1 +1 +2
Stillwater is a safe place to raise children -2 -1 +1 +2
There is a drug problem in Stillwater -2 -1 +1 +2
I value an environmentally progressive City -2 -1 +1 +2
Stillwater's historic character is important to _2 -1 +1 +2
me
i would support more robust historic ..
-2 -1 +1 +2.
preservation regulations in Stillwater
I would support public financing for
restoration of privately owned historic -2 -1 +1 +2
buildings
A walkable community is very important to
me
A walkable neighborhood is very important _2 -1 +1 +2
to me
There is a sense of community in my -2 -1 +1 +2
neighbors
There is a sense of community in Stillwater -2 -1 +1 +2
9. In general, how would you rate the quality of water in the streams, lakes and ponds within
the City of Stillwater? (please circle a number)
poor -2 -1 +1 +2 excellent
10. What do you like most about the City of Stillwater?
(please ✓all that apply)
❑ location 0 St. Croix River 0 my neighborhood
❑ parks 0 lakes 0 downtown
❑ open space 0 trails/bike paths 0 availability of health care
❑ public schools 0 walkability 0 sense of community
❑ accessibility 0 natural setting 0 other:
(please specify)
1/30/18
11. What is the one most serious issue facing the City of Stillwater?
(please ./only one)
❑ growth/development 0 conditions of the roads
❑ schools 0 crime
❑ preparedness for extreme weather events 0 traffic conditions
❑ taxes 0 housing availability/costs
❑ invasive species; water and land 0 other:
(please specify)
12. How would you rate the quality of life in ...?
(please circle one rating on each line)
very very
low high
Stillwater -2 -1 +1 +2
the neighborhood in which you
-2 -1 +1 +2
live or own a business
13. How would you rate your satisfaction level with the mix of businesses in ...?
(please circle one rating on each line)
not at all very No
satisfied satisfied opinion
Downtown Stillwater -2 -1 +1 +2 0
Market Place and West Business Park
-2 -1 +1 +2
(Highway 36 neighborhood)
Liberty Village -2 -1 +1 +2 0
Residential neighborhoods(e.g.Len's,
Nelson's,Chilkoot Café, Meister's
Bar,The Harbor Bar,Just For Me -2 -1 +1 +2 Q
Spa, Marathon Gas at Owens and
Wilkins,Stillwater Collision)
1/30/18
City services
14. Overall, how would you rate the performance of the Stillwater city government in meeting
your needs? (please circle a number)
poor -2 -1 +1 +2 excellent
15. How important are the following city services or items to you?
(please circle one rating on each line)
low high
importance importance
parks/recreation -2 -1 +1 +2
street repair and maintenance -2 -1 +1 +2
street snow removal -2 -1 +1 +2
sidewalk snow removal
access to city information -2 -1 +1 +2
police department -2 -1 +1 +2
fire department -2 -1 +1 +2
public library -2 -1 +1 +2
road maintenance -2 -1 +1 +2
ease of travel by car -2 -1 +1 +2
trail and sidewalk maintenance -2 -1 +1 +2
ease of pedestrian mobility -2 -1 +1 +2
ease of travel by bicycle -2 -1 +1 +2
ease of parking downtown -2 -1 +1 +2
Stillwater newsletter -2 -1 +1 +2
city Web site -2 -1 +1 +2 "<
park maintenance -2 -1 +1 +2
community development -2 -1 +1 +2
building inspections -2 -1 +1 +2
1/30/18
16. How do you rate the performance of each of the following city services?
(please circle one rating on each line)
poor excellent
parks/recreation -2 -1 +1 +2
street repair and maintenance -2 -1 +1 +2
street snow removal -2 -1 +1 +2
sidewalk snow removal -2 -1 +1 +2
access to city information -2 -1 +1 +2
police department -2 -1 +1 +2
fire department -2 -1 +1 +2
public library -2 -1 +1 +2
water supply system -2 -1 +1 +2
road maintenance -2 -1 +1 +2
ease of travel by car -2 -1 +1 +2
trail and sidewalk maintenance -2 -1 +1 +2
ease of pedestrian mobility -2 -1 +1 +2
ease of travel by bicycle -2 -1 +1 +2
ease of parking downtown -2 -1 +1 +2
Stillwater newsletter -2 -1 +1 +2
city web site -2 -1 +1 +2
park maintenance -2 -1 +1 +2
community development -2 -1 +1 +2
building inspections -2 -1 +1 +2
17. When you think about the City portion of the property tax you pay, and the type and
quality of City services you receive, how do you rate the value of those services? (please
circle a number)
poor -2 -1 +1 +2 good
1/30/18
18. In the last 12 months, about how many times have you used or participated in the
following activities/services? (please ✓one box on each line)
1-2 3-9 10-19 20 times not
times times times or more used
visited the public library 0 0 0 0 0
visited a Stillwater park 0 0 0 0 0
visited the Stillwater Recreation Center 0 0 0 0 0
used Stillwater trails 0 0 0 0 0
visited the city web site 0 0 0 0 0
read the Stillwater newsletter 0 0 0 0
called or visited City Hall 0 0 0 ❑ 0
attended a public meeting about
city matters(City Council, ❑ ❑ ❑ ❑ ❑
Commissions, Boards or Advisory
Groups)
viewed live Council or commission ❑ ❑ ❑ ❑ ❑
meetings on cable TV
viewed rebroadcast(not live)Council ❑ ❑ ❑ ❑
or commission meetings on cable TV
used police or fire department/first ❑ ❑ ❑ ❑ ❑
responder services
obtained a building permit 0 0 0 0 0
obtained a fence permit, conditional ❑ ❑ ❑ ❑ ❑
use permit or variance
parked in city parking lot 0 0 0 0 0
parked in city parking ramp 0 0 0 0 0
19. In the last 12 months,which of the following activities have you participated in while
visiting downtown Stillwater? (please /all that apply)
❑ have not visited downtown Stillwater in the last 12 months
❑ visited Lowell Park 0 visited an event or festival
❑ purchased something in a shop 0 visited Teddy Bear Park
❑ purchased a drink or meal 0 none of these
❑ walked along river 0 biked or walked trails
20. In general, how satisfied are you with the job that the City of Stillwater does in keeping its
citizens informed? (please circle a number)
not at all satisfied -2 -1 +1 +2 very satisfied
1/30/18
21. What suggestions do you have for improving or expanding the ways that the City keeps its
citizens informed?
22. Do you support the City of Stillwater permitting each of the following events?
(please ✓a box in each row)
Yes No
Fall Art Festival 0 0
Lumberjack Days 0 0
Cruisin' on the Croix ❑ ❑
auto show
Criterion Bicycle ❑ ❑
Race
Harvest Fest 0 0
Ice Castle 0 0
1/30/18
Capital improvements
23. How high of a priority are each of the following community projects to you?
(please circle one rating on each line—add projects if you wish)
not a very high no
priority priority opinion
Convert Chestnut St from Main St to Lift
-2 -1 +1 +2 0
Bridge to pedestrian plaza ($3.5 million)
Build municipal dock south of St.Croix
-2 -1 +1 +2 0
Boat&Packet($4.2 million)
Develop Bridgeview Park ($2 million) -2 -1 +1 +2 0
Develop former Aiple property into a
-2 -1 +1 +2 0
Park($3.5 million)
New parking ramp on 2nd between Olive -2 -1 +1 +2 0
and Chestnut ($8 million)
Restoration and re-use of the Shoddy Mill
and Warehouse south of the St Croix -2 -1 +1 +2 0
Boat& Packet($500,000)
In-door public swimming pool/aquatic
-2 -1 +1 +2 0
center($4,400,000)
Stillwater Recreation Center expansion -2 _1 +1 +2 0
($7,°°°,°Cs3)`
+1 +2
+1 +
+1 +2
24. How much do you oppose or support the funding of capital improvement projects for the
city of Stillwater through each of the following means?
(please circle one rating on each line)
strongly strongly
oppose support
sales tax:on-sale liquor -2 -1 +1 +2
sales tax: off-sale liquor -2 -1 +1 +2
entertainment tax(bars, _2 -1 +1 +2
restaurants, boat,theater)
increase property tax -2 -1 +1 +2
general obligation bonding -2 -1 +1 +
(borrowing)
1/30/18
About you and your household
25. How many people living in your household (including you) are in each of the following age
groups? (please write in a number on each line, if none, write "0")
18 years old or younger
older than 18 years
26. Approximately how long is your average daily commute to work?
❑ less than 5 minutes 0 10 - 14 minutes 0 25 -34 minutes 0 45 -59 minutes
❑ 5 -9 minutes 0 15 -24 minutes 0 35 -44 minutes 0 60 minutes or more
❑ Retired or not currently employed
27. Is your primary place of employment within the city of Stillwater?
❑ yes 0 no 0 Retired or not currently employed
28. What is your age?
❑ under 25 0 25 -34 0 35-44 0 45 -54 0 55-64 0 65 or over
29. What is the highest level of education you have attained?
❑ some high school 0 some college
❑ high school graduate/G.E.D. 0 college graduate
❑ post high school vocational/ 0 post-graduate work
technical training 0 post-graduate degree(s)
- End -
1/30/18
............ Watel
Administratioll
TO: Mayor& City Council
FROM: Tom McCarty, City Administrator—"t01,V1 fvt
DATE: January 29, 2018
SUBJECT: Proposals for Updates/Changes to Stillwater Event Policy
BACKGROUND INFORMATION:
At the December 19, 2017 City Council meeting the Council reviewed proposed updates to the
City of Stillwater Event Policies, Event Application Procedures and Event Fees. Based on its
review of the proposed updates, the Council directed staff to provide additional revisions to the
proposed updated Event Policies and return to the January 30, 2018 City Council meeting for
further discussion.
Based upon direction from Council,the following provisions of the proposed Events Policy(dated
January 29, 2018) have been updated:
• Section 3.1 Definitions–Included "races, walks and parades".
• Section 3.4 Event Threshold – Included "Selling alcohol during the event on public or
private property" as a gathering that meets the definition of"Event".
• Section 4.2 Alcohol, 4.2.c. Terms:
–Area where liquor is served. Added language to provide that the area where alcohol can
be served may be the whole of the event venue, provided that the area is fenced. Staff
believes that public safety is a priority requiring delineation of the area where alcohol can
be served and consumed during an event.
-Law Enforcement presence. - Language was modified slightly to require law enforcement
presence at the event when alcohol is served and consumed, though private security
personnel may be used for ID checks.
• Section 4.6 Crowd Management – Added requirement that event organizer must provide
privately paid professional security and EMS personnel. City retains right to schedule City
law enforcement and/or firefighter personnel at discretion of the Police Chief and Fire
Chief based upon public safety concerns.
• Section 4.23 Site Plans–modified language to require a site plan drawn to scale or showing
all dimensions of the event layout.
• Added new Section 4.25 Camping – Moved specific language related to camping from
Section 4.24 into a new Section 4.25.
216 4 1h Street N, Stillwater, MN 55082 651-430-8800 Website:www.ci.stillwater.mn.us
w a e r
N
Adininistration
Additionally, at its January 16, 2018 meeting, the Council reviewed and approved the City's 2018
Fee Schedule with the provision that proposed Event Fee Updates were tabled for further Council
discussion. See attached documents that include the proposed fee changes and updates.
Also included is a document titled "City of Stillwater Event Application Procedures". This
document will be included in the event application package to assist the event organizer in
completing the event application materials.
QUESTED COUNCIL ACTION:
Staff requests the City Council review the proposed updates to the City Event Policy, Event Fee
Updates and Event Application Procedures and if the Council finds the proposed updates to be
satisfactory, staff will bring forward appropriate resolutions for Approval of the Updated City of
Stillwater Event Policies and Event Application Procedures and Fee Updates at a future City
Council meeting. If Council requires additional information or analysis regarding Event Policies,
Council should provide direction to staff for further review and analysis on the proposed updates.
ATTACHMENTS:
• Proposed City of Stillwater Event Policies—Updated January 29,2018
• Proposed Event Fees Changes/Updates—Dated January 29, 2018
• City of Stillwater Fee Schedule Excerpt—Tabled from January 16, 2018 Council meeting
• City of Stillwater Event Application Procedures—Dated January 29, 2018
2164 th Street N, Stillwater, MN 55082 651-430-8800 Website:www.ci.stillwater.mn.us
CITY OF STILLWATER EVENT POLICIES
| Jam,�ar 29 2018 December-14 -40V
1. PURPOSE
The City ofStillwater wishes topromote and encourage public events inthe community aswell as a
vibrant local economy and maintain and protect the quality of life, public health, safety and welfare for
citizens and the surrounding community through policies and procedures toensure asafe and well-run
event.
2. EVENT PERMIT REQUIRED
Every event held within the City of Stillwater that meets the definitions and standards found in
this policy is required to obtain an event permit from the City prior to holding the event.
3, DEFINITIONS
The following definitions apply tothis event policy:
3.1 Event— For purposes of this policy, an event is any planned public gathering including but
not limited to celebrations, dances, forums, performances, rallies, social gatherings,
|
| concerts,-����un�r�iS� which are appropriate and compliant in
accordance with this policy.
3'2 Event Application Procedures—Every applicant must follow the Event Application
Procedures when submitting anevent application. The Event Application Procedures
provides information on how to apply, submittal requirements and review process.
3.3 Events on Private Property—Events held inpart orwholly outdoors onprivate property
located within the CBD Zoning District require aDevent permit that must be reviewed and
approved bythe City Council
3.4 Event Threshold— Events held on public property (whether open to the public or not) are
subcategorized as "Events", "Special Events" and "Special Events with Contract" as defined
Page 2 of 10
1)Closure of street—One 1)Closure of street—One block 1)Closure of street—
block of a residential street is of a residential street is closed Substantially disruptive to
closed for up to 5 hours; or for more than 5 hours;or more traffic flow requiring uniform
any portion of a commercial than one block of a residential traffic control.
street is closed for up to 2 street is closed for any length of
hours. time;or any portion of a
commercial street is closed for
2 hours or more.
2)Public parking lot use—1 to 2)Public parking lot use—10
9 spaces in a public parking lot or more spaces in a public
are reserved. parking lot are reserved.
3)Street use(including 3)Street use(including
sidewalks and trails)—The sidewalks and trails)—The
event has a route on a public event has a route on a public
street(s), sidewalks or trails, street(s), sidewalks or trails,
such as races, walks, or (such as a race, walk or parade)
parades that don't require that requires street closure,
traffic control and obeys all traffic control, street sweeping,
traffic rules. or the use of"no parking signs"
along the route, or is
substantially disruptive to
traffic flow requiring uniform
traffic control.
4) Number of people in a park 4) Number of people in a park Number of people in a park or
orCity facility—250-1000 or City facility-1000-2500 City facility-2500 or more
people including spectators, people including spectators, people including spectators,
vendors, performers and vendors, performers and vendors, performers and
volunteers are expected at a volunteers are expected in a volunteers are expected in a
time in a public park.' public park.' public park.'
Se fly
akohol r ri9'.._f t^ The event occurs on multiple
syn p�..( gfirµ irtigf days, OR extra-ordinary city
pmqpjnd employee support or city
materials are necessary, OR
any out-of-pocket expenseS2
are incurred by the city, OR
cost of City Services is over
1 $1,000.
Any organized athletic event that has a park reservation approved by the City's park reservation staff is not
subject to this threshold. City parks include: Future Aiple, Future Bridgeview, Brown's Creek,future Chestnut
Street Pedestrian Mall, Liberty Square, Lily Lake, Lily Lake Ice Rink, Lowell, Northland, Parking Romp, Pioneer,
St. Croix Recreation Center,Sunrise and Washington Square.
20Ut-of-pocket expenses include such things as overtime pay for city employees, equipment that the city
would need to rent for the event, office supplies, billables(e.g.postage), and any contracted services,
3.5 Event Coordinator—The primary City contact will be the City Administrator or the person
designated as Event Coordinator.
Page 3 of 10
3.6 Event Organizer—The individual representing the organization applying for the Event and
4 v4-+g44-'ie� �aiii m_!' authority to bind the organization to agreements made with the City.
The email address, cell phone number and mailing address of this representative must be
provided to the City at leaAyt-30�ea.st 30 days prior to the event. The Event Organizer must
be on site during the event.
4. EVENT STANDARDS
4.1 Advertising—It is a violation of this policy to advertise the location of any event requiring a
reservation of city property when the organizer has not requested a reservation of city
property, has been informed that the reservation is not available, or has been denied.
Preliminary approval allowing the applicant to advertise the event may be given upon
request, with final details to be determined upon submission of event application.
4.2 Alcohol—Alcohol permit(s) are required for any events at which alcohol will be consumed.
Refer to the current city fee schedule for permit costs.
a. Consumption Permit is required for any alcohol (wine, strong beer, 3/2 beer or liquor)
consumed on public property. If more than 75 people are in attendance of an event, a
police officer will be required.
b. Temporary Liquor License is required if the event is on city property or on private
property and is selling alcohol in the course of the event. To apply for a Temporary
Liquor License an applicant must be a non-profit, religious, or charitable organization or
club that been in existence for at least three years; a political organization registered
under state law or a state university. The Temporary Liquor License application and fee
must be submitted 60 days before the date of the event. Contact the City Clerk to
obtain a Liquor License application packet. There are two types of Temporary Liquor
Licenses:
■ 3.2 beer Temporary Liquor License: A club or charitable, religious or non-profit
organization may be issued a temporary 3.2 beer license subject to the Terms
(below) set by the City.
■ On-sale spirits, wine and beer Temporary Liquor License: A club or charitable,
religious or other non-profit organization in existence for at least three years may
be issued a temporary license for the on-sale of intoxicating liquor in connection
with a social event within the city/county sponsored by the licensee. The license
may not be for more than four (04) consecutive days. This permit must be approved
by the City Council 30 days before the event and staff will submit to the Minnesota
AGED.
c. Terms
Page 4of1O
� Atemporary liquor license application must be submitted 6Odays prior to event
and approved bythe City Council and the State ofMinnesota Alcohol & Gambling
Control Division 3Odays prior tothe event.
*--LiqUO[will beconfined tnaspecific area ofthe event with single bicycling type
Fencing around the perimete r,..g!1'to the extent of'the EWgra venue pg��meteir wMi
fgrj�'�rjjg around the ever',—
• Police ()fficer(6) as determined bythe Police Department will need t0bppresent a't
the event during sgrV|cll en1r«/8kitgates to the dispensing area or"
event venue arVa must be controlled bysecurity personnel while alcohol is being
|
served tOeinsurPthat no beer orliquor enter orleave the area.
m Signage will be prominently display at each entry/exit point to notify guests that no
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|
liquor orbeer will beallowed inorout ofthe dispensing area
• The Organizer will provide at no charge liquor identification bracelets at location(s)
asrequired byPublic Safety Staff. The Organizer will permit noone toconsume
Liquor unless they are wearing an identification bracelet and will be responsible for
the issuance of bracelets and that the bracelets are given only to those who are
legally entitled toconsume Uquo'/beer.
m Any service of liquor will require server training by either the Stillwater Police
Department oranaffiliation recommended bythe Stillwater Police
Department. Certification ofServer Training isrequired prior toreceiving the
temporary liquor license (3.3oron-sa|e).
m Liquor liability insurance for the day ofthe event are required. See section
regarding Insurance for further details.
m The Organizer acknowledges that as a liquor license holder for the Event, it is
subject to Stillwater City Code §43-8, which authorizes that all premises from
which intoxicating Liquor is offered at on—sale, are subject to inspection for alcohol
compliance by any police officer, health officer, or other designated officer or
employee ofthe City during all hours the Area isopen for the serving ofalcohol.
4.3 Cancellation—Cancellations of events bythe event organizer received inwriting will
receive full refund of deposits and the following refund of event fees (excluding application
fee):
0 2Ddays prior tVevent will receive afull refund ofevent fees.
m 19to11days prior toevent will forfeit 5OY6ofevent fees.
0 1Odays orless ofthe event will forfeit all event fees.
The City reserves the right to deny an event should one or more of the following occur:
• Failure to submit an application within the time periods Bsoutlined above.
• Requirements ofthe Event Policy and Procedures are not met.
• The applicant owes the City of Stillwater, money from another event, services
provided nra6aresult nfdamages tVcity property.
• The use or the event would conflict with previously planned programs organized
and conducted bythe city nrnon-govern mental agencies previously scheduled for
the same time and/or place.
Page 5oJ}O
• The applicant does not comply with all applicable city ordinances, traffic rules, park
rules and regulations, state health laws, fire codes and/or liquor licensing
regulations.
• The use Drevent proposed by the applicant would present anunreasonable danger
to the health Orsafety Dfthe public.
• The applicant cannot comply with applicable local, state and federal license
requirements for all Drpart Dfthe planned event,
• The use Drevent iSprohibited by law.
m The application contains material misrepresentation mrfraudulent information.
4'4 Changes to Event—Major changes made toanevent after being approved byany
Commission or City Council are not permitted without additional approval. Any event that
is impacted with an emergency situation such as river flooding, weather issues, etc. will be
resolved by Public Safety and Public Works staff at such time a City Council meeting is not
available.
4,5 Cleanup of Event—Organizers agrees to remove all items pertaining to the event at the
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|
conclusion of the the satisfaction of the City. The City of Stillwater is not
responsible for any items belonging to the Organizer or patrons of event that are
remaining after the event. Organizers will reimburse City for any costs incurred should the
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City find it necessary inopinimn to complete further cleanup, removal or
repairs toreturn the area toits origina| condition ifthe site isnot repaired within 24hours
ofevent orasagreed upon. City staff may choose tmdoawalk-through mfvenue with
Organizer toidentify and document any damage before event. Both parties will sign off
and reevaluate after the event.
4,6 Crowd Management—Organizers will contribute to the extraordinary cost of providing
uniformed, licensed peace officers and fire fighters that are specifically scheduled for the
|
event .
The contribution level for PO|icBand Fire Fighters |s established bythe City Administrator
|
| based on the- current city fee scheduled. Organizers will provide, at no cost tOthe city,
privately paid professional uniformed security officers equipped with radios as determined
by the Stillwater Police Chie
. All security office
will h8suitably identifiable and the number and deployment Ofthe security force
| [DUst be approved iOwriting bythe Stillwater Police Chief .
4,7 Emergency Action Plan—Organizer must provide a plan of action for emergency
preparedness during event, on-site contact information and a communication plan at the
time of application. Organizer must notify EMS and Fire Department about event and
coordinate a safety plan for the event,
4,8 Fees—The City has established anevent permit fee schedule iMorder torecover costs
incurred by the city for the operation of events. Charges for event permit fees, city
|
|
materials costs and city staff costs-are included in-the current city fee schedule.
Page 6 of 10
4.9 Insurance—The Organizer must provide to the City satisfactory proof that it has obtained
liability insurance that names the Event and the City as an additional insured, as loss
payees, in an amount of at least $1,500,000 combined single limit, for loss sustained by
either acts or occurrences that arise from or grow out of both Event and Liquor Liability
coverage as described in Minn. Stat. §340A.409, evidenced at a minimum, the coverage
described in Minn. Stat. §340A.409, subd. 1 with regard to the Event.
a. Liquor Liability Insurance—In addition, the City requires any function that is open to
the public and sells/serve alcohol through a temporary liquor license must provide
liquor liability insurance for the days of the event. This insurance is required to protect
the City's and Organizer's interest. A Certificate of Insurance submitted to the City of
Stillwater which must include listing the City of Stillwater as an additional insurer must
provide the following minimums:
■ $50,000 of coverage because of bodily injury to any one person in any one
occurrence,
■ $100,000 because of bodily injury to two or more persons in any one occurrence,
■ $10,000 because of injury to or destruction of property of others in any one
occurrence,
■ $50,000 for loss of means of support of any one person in any one occurrence,
■ $100,000 for loss of means of support of two or more persons in any one
occurrence,
■ $50,000 for other pecuniary loss of any one person in any one occurrence, and
■ $100,000 for other pecuniary loss of two or more persons in any one occurrence.
4.10 Materials—Use of equipment and materials owned by the city (e.g. barriers, cones, signs)
to support events- must be paid for by the event organizer. Event organizers are
encouraged to contract for services and materials as long as the equipment and services
are appropriate for the event and the event can be run safely in the estimation of city staff,
Based upon review of the application-, city staff will determine whether city equipment
and materials will be required for the event.
a. Electrical—Public Works Department will open existing electrical boxes on day of event
and access allowed according to the current City Fee Schedule. Organizer is
responsible to have their own extensions cords. All temporary electrical wiring for
events must be performed by a licensed electrical contractor. This requirement also
applies to portable generators.
b. Portable Restrooms and Handwashing Stations—The Organizer is responsible to
furnish portable restrooms and handwashing stations to facilitate expected crowds.
The number of portable restrooms and handwashing stations required is solely
determined by the Public Works Superintendent. If applicable to the event, City public
restrooms will remain open during the Event and the City will supply and equip
restrooms, however, the Organizer may be responsible for maintaining, cleaning,
staffing and security and supervision for restrooms. If the Organizer elects not to
Page 7 of 10
provide these services it must notify the City at least two weeks prior to the event, and
in that event, the Organizer will bear the City costs associated with this work.
c. Trash Service—Dumpsters or roll—off boxes must be furnished according to a plan
approved by Public Works Superintendent in sufficient quantity to contain the
accumulation of trash generated by the Event and must ensure that all trash or garbage
is collected and hauled away daily in the Event area(s). The Event Coordinator may
amend the plan and require additional dumpsters or trash receptacles if the need
arises. The City reserves the right to require additional receptacles should the
Organizer not remove excess garbage from the Event. If possible, Organizer will provide
recycling and organics containers for the Event.
d. Traffic Control Signs and/or Barricades—To ensure traffic and pedestrian safety
control the Organizer must place standard reflective barricades according to a plan
approved by the Public Works Director, Police Chief or their designees. Traffic control
items may be supplied by the Organizer, or by the City (city fee schedule applies). The
City may place additional bair e'i to protect public safety at
City expense based upon a plan developed by the Public Works Director and Police
Chief or their designees. The plan for shall be shared awi h the Organizcement of er publicba' Wu
er pr oronal o the event.
e. Water(Hydrants)—If access to water main or hydrants is required,the Organizer must
make arrangements with the Board of Water Commissions and pay related water fees
and water shut off key deposit. Organizer must ensure all potable water sources are
from an approved source (private well water is not an approved source).
4.11 Musical Entertainment— Organizer must provide to the City a complete list of all musical
acts along with an estimate crowd size for each act. The City reserves the right to
disapprove any musical entertainment that has a history of public safety threats or
violations in other venues.
4.12 Neighborhood Meeting—A gathering that meets the threshold for a "Special Event with
Contract" and is a new special event, will be required to hold a public meeting to receive
input from the surrounding neighborhood. This meeting must be held three weeks prior
to the event. Notices for the neighborhood meeting will be prepared and mailed by the
City to the immediately adjacent property owners at the organizer's expense.
4.13 Noise Control—The Organizer is responsible to control the noise emanating from the
Event at a level that will not interfere with the peace and repose of the residential area
surrounding the Event area. Noise control and regulation described in City ordinance Sec.
38-3 prohibits noise between the hours of 10:00 pm and 8:00 am. Any waivers to these
hours must be reviewed and approved by City Council.
4.14 Notification Flyer—A gathering determined to be a "Special Event"that does not occur
completely within a public park or a gathering determined to be a "Special Event with
Page 8 of 10
Contract" must submit a flyer to be distributed as a public notification to all properties
immediately adjacent to the event location. The flyer must be submitted with the Event
application. City staff will review and approve the flyer submitted with the event
application. When approved by City staff,the event organizer shall distribute the flyer at
least seven days prior to the event to all households and businesses immediately adjacent
to the event venue at their own cost. The event flyer should contain: name of event,
location of venue, date of event,time of event, list any closure of streets (including times)
and contact information for questions. .
4.15 Other Agencies—Organizer is responsible for obtaining all agreements and permits with
agencies (e.g. MnDOT, MN State Patrol, Washington County Public Health and
Environment, Washington County Sheriff, MN Department of Natural Resources, Lakeview
EMS, other local communities and any other agencies requiring permits for the event) and
must submit copies of permits to the City from other agencies prior to obtaining an event
permit.
4.16 Out-of-pocket Expenses— Event permit fees for city services will be limited to the city's
out-of-pocket expenses attributable to the event. Out-of-pocket expenses include such
oteqis things as overtime pay for city employees, equipment that the city would need to
rent for the event, office supplies, any contracted services and extraordinary use of city
equipment for the event.
4.17 Park Usage—Standard park reservation and facility use fees will be required. All groups,
including not-for-profit groups and educational institutions must pay deposits and rental of
amenities when holding an event. The Organizer shall ensure that no vehicles drive on
the City's park property. In the event that damages occur to the City's property, the
Organizer shall pay for restoration of the park as determined by the City. The bicycle and
pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed
(no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any
restoration of the trail caused by the Event, as determined by the City. New events and
Events with Contracts will be reviewed by the Stillwater Parks and Recreation Commission
and City Council.
4.18 Parking Lots and On-Street Parking—Use of City parking lots or on-street parking spaces
for an event will be reviewed by the Downtown Parking Commission and City Council. Use
of downtown public parking lots will be approved only as an alternate or if sufficient space
does not exist in Lowell Park to accommodate event activities. If in the opinion of the City,
public parking lots will be needed, then the preferred lots for use would be Lots 4, 5, 9, 10
and 11. Only Stillwater Police Department can post parking lot closures and any no-parking
signs. Signs will be posted 24 hours in advance of closure. Charges to reserve/use city
parking lots and/or parking spaces are set forth in the current city fee schedule.
4.19 Police Services—The Stillwater Police Department will determine the number of Police
Department employees and/or Police reserves needed for an event. (Reserves will not be
hired in lieu of employees, but as a supplement to employee staffing). The Stillwater Police
Page 9 of 10
Department retains the right to require more services than requested if determined to be
necessary. Officer rates are set forth in the current city fee schedule. With regard to
Event, the City reserves the right to order a shutdown of the Area in the event the Chief of
Police determines, in his sole discretion,that the public safety is threatened or any
condition of these Policies is violated. In that event, the Organizer must assist the police in
the clearing of the Event.
4.20 Route Events—Organizer must provide a detailed map of the route and area affected by
the event. Traffic can only be stopped by Law Enforcement. Volunteers may assist to
guide participants through the route but shall not direct vehicle traffic. All event
volunteers working in roadways must wear a "Class 2" safety vest. Location of any
required Law Enforcement will be determined by the Stillwater Police Department upon
review of route. The category "Events" are exempt from having law enforcement since the
event doesn't require traffic control and participants obey all traffic rules. To decrease
impact on neighborhoods, city services and facilities, the city has set preferred running and
bike routes within the City. Please refer to map for potential preferred routes. Any route
using State Highway or Washington County roads within the City of Stillwater must provide
a copy of their respective permits to the City of Stillwater two weeks prior to the event.
4.21 Sales Tax— If applicable, the Organizer must obtain a State Tax Payer Identification
Number and collect any sales or use taxes that are due according to law.
4.22 Signs—Temporary signage for an event (except for permissible banners across Main
Street) will be allowed only on the day of the event. The number, size and location of signs
must be approved during the event application review process. Only the Stillwater Police
Department can post parking lot closures signs and no-parking signs. Permanent signage
including but not limited to speed limit signs, directional signs, shall not be removed or
covered with event signage. The use of spray paint on roadways,telephone poles, traffic
signs, -Aai4k-s n sWewAgtrails is prohibited with the exception of temporary chalk-
based materials.
All signs must conform to the following standards:
■ Signs may not exceed four (4) square feet in area; and
■ Signs may not be more than three (3) feet in heights above grade; and
■ Property owners must grant permission for placement of any signs on their
property; and
■ Signs may not be placed upon any right-of-way, in parks or on public property in a
manner that creates a nuisance to adjacent owners, creates a safety hazard or
blocks the view of entrances to streets or intersections.
■ Signs may not be placed on any telephone poles, light poles, traffic control signs, etc.
4.23 Site P
�l f plan—An ns
overall site plan for the Event drawn to scale or showing all i �
rn ions that depicts the location of fencing, vendors and any areas within the City,
such as parks, parking lots or routes that are proposed for use for the Event, must be
submitted with application. Additional items such as traffic control plans, locations of first
Page 10 of 10
aid, volunteer locations, water stations, spacing of vendors, barricade placement, portable
restroom locations, trash location, electrical boxes needed, alcohol service area, tent
locations, enter/exiting, etc. must be included on site plan.
4,24-Jents—Several city parks are maintained by a buried irrigation system. Therefore, stakes
or posts longer than 12 inches and more than a quarter inch in diameter may not be used.
No staking is allowed on city parking lots or streets. Stillwater Public Works will provide
irrigation locates in areas where tents will be staked according to approved site plan prior
t
at no additional cost.
25 Ca.rnping..- No camping in tents, trailers or campers is allowed during the events.
Organizer must arrange to have Stillwater Fire Department inspect large tents before use.
X21 . Vendors—The Event Organizer is responsible for overseeing the requirements of all
vendors. Below is a list of the Event Organizers responsibilities.
• The Organizer agrees to inform any vendors that there is no camping permitted in
any park or any City parking lots.
• The Organizer agrees that any vendor using cooking facilities including propane
tanks, generators, electrical hookups, etc. will be inspected for safety by the
Stillwater Fire Department and Washington County Public Health and Environment
and Minnesota electrical inspector (if required). Inspection costs (if any) shall be
paid for by the Event Organizer directly to the agency/person doing the inspection.
• The Organizer agrees to ensure that all vendors' waste water be discharged into a
holding tank approved by Washington County Public Health and Environment.
Vendors without an approved holding tank shall discharge into grey water barrels
provided by the Organizer. Disposal costs are the responsibility of the Organizer.
For no reason shall grey water barrels or holding tanks be disposed into the City's
sanitary or storm systems.
• The Organizer is required to obtain proof of license for all food vendors, this
includes vendors that are sampling, merchandising, or marketing food (e.g. salsa,
jams, honey) and submit copies to Washington County Public Health and
Environment as well as make sure all vendors have submitted their Washington
County special event license.
• Organizer must submit a list of food vendors and site map, showing distance
between food vendors to Stillwater Fire Department and Washington County Public
Health and Environment two weeks prior to the event.
• Private parties on City property having a food truck must be inspected by Stillwater
Fire Department.
PROPOSED EVENT FEES CHANGES/UPDATES
lallUary 29, 2018
Application Fee—Add one item
Event Special Event Special Event With Contract
Late Application Fee: $100 Late Application Fee: $100 Late Application Fee: $100
Base Fee and Deposit—Change the$500 Event Impact Fee (if applicable) and the$750 refundable
damage deposit to the fallowing:
Event Special Event Special Event With Contract
No event base fee required $500 per day* Base Fee $1,000 per day* Base Fee
subject to negotiated contract
provisions.
Events with Routes—No Events with Routes—$1 per Events with Routes—$1 per
participant fee required registered participant registered participant
$100 refundable damage $1,000 Security Deposit $1,000 Security Deposit subject
deposit if using a park to negotiated contract
I provisions.
*Per Day includes each day of event. Separate load-in day fee of$500/day will apply.
Liquor License and Consumption Permit—No changes
Materials—Add one item
Portable toilet additional service $25/unit/service
Stillwater Park Fees—Update (current practice but needs to be added to current fee schedule)
All groups, including not-for-profit groups and educational institutions must pay deposits and rental of
amenities when holding an event.
Fire Services—Update (current practice but needs to be added to current fee schedule)
Fire Department Personnel Overtime Rate—2 hour minimum
Police Services—No changes
Parking Space Usage Fee —No changes
City Services—Update (current practice but needs to be added to current fee schedule)
Event permit fees for city services will be limited to the city's out-of-pocket expenses attributable
to the event. out-of-pocket expenses include such things as overtime pay for city employees,
equipment that the city would need to rent for the event, office supplies, any contracted services
and extraordinary use of city equipment for the event.
CITY OF STILLWATER FEE SCHEDULE
Proposed Fee Schedule Updates Tabled at January 16, 2018 City Council Meeting
EVENTS & SPECIAL EVENTS: All groups, including not-for-profit groups and
educational institutions must pay deposits and rental of amenities zMen holding an event.
Event I.,�ernfit'jecs.16i,city services (vill I)e 1builed to the ci(�I's out-of-pocket (.,xpenses
ry
city etnp1clye(.,s, equipin.en.1 that the cd,V (n'n4ldr�eed to rerttfi,)r th.e., event, ol.,�ice supplies, (My
contracted services and extraordinary use of ci(y equipmentfin, 1he even I.
Event Application Fee $0
1:.,"vent Application ,, Late 1�ee $100
Special Event Application Fee $50
Special Event with Contract Application $100
Fee
Event 1M.W.-m-I.-Fee (if appheable) $500 $750 Refundable Paiyktge
PeP854
i71A/ 1"cles (De LA
Et)e'nt Special Event Speci'a I Event With
Contract
No event basefe(:u $500 per day* Base $1,000 per, (Jay" 31ase f,'(?e
recluired �',ee siibject to negotiated
provisions.
E'vents withRoLlt("s [",'A,,ents with Routes E�\/ents witlRoutes - $1 per
�' Jo participant fee - $1 per registered registered participarit
11.,i red parficiparit:
$100 refuridat)le $1,000 Scurity 1,000 secUl'ity ]"),eposit subject
daynage deposit if using [.)eposit to negotiated Contract
a r),Irk provisions,
'Pet Day ifwhides each day of event. Separate loadJta daylee of$5001dciy will opply,
Water Shut-off Key Deposit $50
Police Services
Police Dept. Overtime Rate -2 hr. Minimum
Personnel/Officers
Police Reserves $15 per hour -2 hr. Minimum
'1`in,` Departinent llcrsorme[ Overtirnefate - 2 hr,, Miniinurn
Materials
Barricade 4' to 12' Saw Horse (No Flasher) $2/barricade/each day of event
Barricade 4' to 12' Saw Horse (With Flasher) $5/barricade/each day of event
Type III Barricades $5/barricade/each day of event
Drums $1/drum/each day of event
Electrical use (Lowell Park) $20/per elec. box/each day of
event
Electrical use (Parks, except Lowell Park) $10/each day of event
C)rang(-44�rw i-ne, $27 5(-)/-4nea14(,�ot
PD No Parking Signs ;ign/each day of event plus labor
if after normal business hours
Picnic Tables $10/table/each day of event
Portable toilet- Handicapped $150/event/unit
Portable toilets $60/event/unit
Additional Service $25/unit/service
Reflective Cones $1/cone/each day of event
Refuse Collection Cost of staff time.
Traffic Sign on stand $2/sign/each day of event
Trash Containers $8/container/each day of event
CITY OF STILLWATER EVENT APPLICATION PROCEDURES
Producing an event requires preparation and planning to ensure a well-run event. It is essential for the
event's success that the procedures outlined below are followed. it is the purpose of these event
procedures to assist the organization in planning successful events while providing a process whereby
the City of Stillwater can review the specific types of events being held and assess applicable policies
and address concerns regarding liability exposure. This document provides explanation and mandatory
procedures for holding an event in the City of Stillwater.
1. EVENT DATES
Contact 651-430-8837 to check availability of dates to hold your event within the City of
Stillwater before submitting event application.
1.1 An Event Application can be submitted one year in advance of the event. Past events will
have priority if scheduling conflicts arise. City staff will contact previous event organizer to
allow first right of refusal.
2. EVENT POLICIES
Review the Event Policies and current fee schedule before submitting event application. Check
box on the Event Application that policies have been reviewed.
3. APPLICATION SUBMITTAL
3.1 Application Fee—Event application must be submitted along with applicable application
fee. Fee may be paid with credit card by contacting the City of Stillwater or submit check
payable to the City of Stillwater with the application. Refer to the current city fee schedule
for application fee.
3.2 Submittal Due Date—Submit the City of Stillwater Event Application before submittal due
date along with required supporting documentation (see event application for items
needed on the supporting documents).
Event Special Event Special Event With Contract
Application due 30 days Application due 90 days prior Application due 120 days
prior to event with no to the event with application prior to event with
application fee. fee. application fee.
3.3 Incomplete or Late Application—Incomplete applications will be returned to the applicant.
Any application submitted after application submittal deadline will be charged a late fee.
Late applications may jeopardize the ability to receive event approval. Failure topay
application fees may result in a dismissal of application.
Page 2 of 3
3.3 Submit completed application packet to:
Attn: Beth Wolf or
City of Stillwater email to: bw illwater,mmus
216 N. 4th Street fax to: 651-430-8810
Stillwater, MN 55082
4. APPLICATION REVIEW
Completed event applications will be reviewed through the following review process.
4.1 Preliminary review by city staff to ensure event application is complete (usually within one
week). Acceptance of application, should in no way be considered final approval of event.
4.2 Further review of application may take place at the Downtown Parking Commission,
Stillwater Parks & Recreation Commission and/or City Council. Organizer will be notified
on the dates of those meetings (if required).
4.3 Three weeks prior to event, estimated event fees are due. An Invoice will be mailed to the
event organizer.
4.4 15 days prior to the event the Organizer must submit the following
• Final site plan
• "Load-in" and "Load-out" schedule
• Certificate of Insurance
• Copies of other agencies permits that are involved in the event
• List of food vendors
• Updated Emergency Action Plan
4.5 An event permit and/or contract will be issued when event application has completed the
review process and been approved, any additional permits are issued, event fees have
been paid and applicable insurance has been received.
4.6 The City may require a walkthrough of the event site before and/or after the event.
5. EVENTS ON PRIVATE PROPERTY
5.1 For public events held on property located in the CBD Zoning District
a. The event organizer must submit a complete event permit application form with event
venue site plan to the Community Development Department. No fee is required.
Page 3 of 3
b. The Community Development Department staff will review and route the application to
the Public Safety, Public Works and Administration Departments for review and
comments.
c. The Community Development Department will assemble the comments and write a
review report that will be placed on the consent agenda of the next available City
Council meeting for action.
d. If the event permit application was approved by the City Council,the Community
Development Department will issue the event permit. if the event permit application
was denied by the City Council,the Community Development Department will notify the
event organizer of the decision.
5.2 Public events held on private property and serving alcohol during the course of the event
must apply for a Temporary Liquor License and follow all applicable rules.
6. OTHER CONTACT INFORMATION
City of Stillwater,
Administration 651-430-8800
Community Development Department 651-430-8820
Fire Department 651-351-4963
Police Department 651-351-4900
Public Works Department 651-275-4100
Water Board 651-439-6231
Lakeview EMS 651-430-4621
Department of Natural Resources 651-259-5875
Minnesota Department of Transportation 651-234-7500
Washington County (events) 651-430-4313
Washington County Public Health & Environment 651-430-6698 or
pgqn,.rnn.us
.he @(�Q NALa shiE
water 216 41h Street N, Stillwater, MN 55082
651-430-8800
The Birthplace of Minnesota � www.ci.stillwater.mn.us
JOINT MEETING
CITY COUNCIL, PLANNING COMMISSION,
COMPREHENSIVE PLAN ADVISORY COMMITTEE
January 23, 2018
REGULAR MEETING 6:30 P.M.
Mayor Kozlowski called the meeting to order at 6:37 p.m.
Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna
Planning Commissioners Siess,Hansen and Chairman Collins, and 12 Comprehensive
Plan Advisory Committee members
Staff present: Community Development Director Turnblad
Mark Koegler, CEO, Hoisington Koegler Group
OTHER BUSINESS
Comprehensive Plan Discussion
Community Development Director Turnblad led a discussion on goals and objectives for the 2018
Comprehensive Plan. Each of the goals and objectives from six chapters of the 2008
Comprehensive Plan chapters were reviewed to decide whether they should be kept, revised or
added to. The chapters included: 1) Land Use; 2) Transportation; 3)Natural Resources and Open
Spaces; 4) Community Resources; 5) Housing; and 6) Economic Development.
Land Use
Mary Russell,advisory committee member, asked what is the greenbelt noted in Goal 4,"continue
establishing the greenbelt in the western and northern portions of the City." Community
Development Director Turnblad responded that the greenbelt related to the properties formerly
located in Stillwater Township. An orderly annexation agreement was entered into between the
City and Township that addressed a number of Township resident concerns. One goal of the
orderly annexation agreement was to maintain wider setbacks and green spaces in corridors
leading to Stillwater Township and along County and State Roads. He pointed out that these
corridors have almost all been developed to their potential, so Goal 4 is probably no longer
necessary.
Mayor Kozlowski asked if Goal 3, "create new, interesting, quality-designed neighborhoods that
relate to their natural settings and surroundings developed areas that protect natural resources, and
that provide central parks and open spaces that are interconnected by trails to neighborhood
community destinations," is still relevant since most areas are built out. Mr. Turnblad replied that
20 years ago when this goal was originally adopted, Settler's Glen and Millbrook were not in
existence and Liberty was just under construction. He suggested tweaking this Goal to speak
specifically to infill development and how to make it fit.
Councilmember Polehna noted there is still a lot of open space along Manning. The goal could be
to"maintain" the greenbelt as opposed to "establishing" it.
City Council Meeting January 23, 2018
Deirdre Kramer, advisory committee member, asked about the relationship between zoning and
the greenbelt, particularly along Manning north of Myrtle - what does the Agricultural Preserve
(AP) zoning mean in the plan? Mr. Turnblad replied AP is a holding zone. When a piece of
property is annexed from the township, the municipal board automatically assigns AP zoning
classification because it keeps the properties in relatively large and undeveloped pieces until they
are developed according to the land use plan.
Deirdre Kramer stated that some people living on an AP property do not intend develop, so the
City might consider where AP is serving its purpose and where it is not. She feels that AP may
not accurately represent all the property within it;perhaps the City should establish another zone.
Councilmember Weidner pointed out that the land use plan as adopted describes the plan for the
property at the point when it is taken out of AP. Current owners may not wish to develop, but
future property owners may want to develop.Mr. Turnblad added that it is always the landowner's
option to decide whether to sell their land for development. He suggested it might be called
transitional zoning instead of AP. Mayor Kozlowski stated he likes the idea of changing the name
because the term AP is confusing.
Planning Commissioner Siess referred to a comprehensive plan from a similar city in Colorado,
which talks about encouraging commercial development and revitalization of existing industries.
She does not feel like any of the existing goals address those issues. Councilmember Weidner and
Mayor Kozlowski agreed that wording could be added about creating a mix of commercial
development.
Planning Commissioner Hansen asked if the goal would be to create a mix of neighborhood
commercial or to expand the commercial uses. Councilmember Weidner remarked that the City
does not have a lot of land to re-zone for commercial uses. Mr. Turnblad stated that the critical
thing to analyze is vacant and underdeveloped properties.
Curt Geissler, advisory committee member, suggested if some neighborhood commercial is
desirable as part of new developments, maybe as Goal #3 should include"supports neighborhood
commercial uses."Planning Commissioner Collins suggested that one of the goals should address
infill development. Mr. Turnblad replied infill development could be addressed in Goal 3.
Transportation
Community Development Director Turnblad stated that Goal 4, "support construction of the new
interstate bridge and TH 36 corridor improvements to provide for regional traffic demands and to
relieve cut-through traffic Downtown and in residential areas," has already been met.
Sheila Maybanks, advisory committee member, suggested that one of the goals should address
environmentally responsible transportation. Mr. Turnblad stated that the last objective, "explore
alternative transportation and transit opportunities for Downtown Stillwater," could be revised
into a goal.
Planning Commissioner Siess asked if parking should be addressed under the transportation
objectives. Mr. Turnblad replied that parking is covered in the downtown chapter.
An advisory committee member suggested that the St. Croix River be included as a transportation
corridor. Mr. Turnblad suggested that the river could be covered under natural resources.
Curt Geissler stated that, although the City does not control Highway 36, its cross roads greatly
affect Stillwater, so it should be addressed. Mr. Turnblad responded it could be stated that the
Page 2 of 4
City Council Meeting January 23, 2018
City will "work with MnDOT and surrounding jurisdictions to design any improvements to the
Highway 36 corridor."
Natural Resources and Open Spaces
Sheila Maybanks suggested that Goal 3, "protect and enhance the St. Croix River as a natural
open space system and recreation resource," should include"its shoreline and Stillwater City lakes
and streams." Councilmember Junker pointed out that, now that the City owns two to three miles
of riverfront property, the protection of shoreland should be addressed in the goals. Mr. Turnblad
agreed that language could be added about enhancement/protection. Planning Commissioner
Siess noted that Goal 2, "use the natural resource open space system to connect open spaces,
parks, activity centers and neighborhoods," should include"trails."
Community Resources
An advisory committee member stated she would like to see Goals I and 2 tie in the goal of using
more renewable energy(i.e., wind and solar) and making it more accessible to residents.
Regarding Goal 3, "develop water resource conservation measures to preserve the Jordan aquifer
as the city's only long-term source of water," Community Development Director Turnblad noted
that the City uses both the Jordan and Prairie Du Chien aquifers and both are affected by the recent
White Bear Lake court ruling. The Department of Natural Resources, when issuing well permits,
requires that as an alternate, the City must show how surface water can be used to augment its
deep wells. Therefore, this goal has to be changed. It may fit better under the water resources
chapter.
Mayor Kozlowski asked about Goal 4, "provide new facilities that meet the needs of Stillwater
residents first. Allow other units of government; school district, Washington County or joint
powers groups to serve broader area-wide populations." Mr. Turnblad explained that this goal is
about requiring those who use the City's regional services, such as the Rec Center, library, fire
station and parks, to pay for them.
Councilmember Weidner stated that some services used by citizens of other communities, for
instance park and rides, do not necessarily serve the needs of Stillwater citizens first. An advisory
committee member suggested maybe this goal ought to be turned upside down to state that
Stillwater wants to be a leader in providing for regional citizens. For instance, the community
center was made better because the City worked with the National Guard. He sees many services
Stillwater is providing that may work better if the City works with some of the neighboring
communities. Councilmember Polehna agreed the communities need to work together and explore
shared services. Mr. Turnblad responded that the intent of Goal 4 could be changed completely
to incorporate working with others on services and facilities.
An advisory committee member asked if a new goal or objective should be created to promote the
sustainable use of community resources. Mr. Turnblad agreed. He explained that the entire metro
area has been given an"option"by the Met Council to include sustainability in its Comprehensive
Plan, but in future plans this will likely become mandatory. It makes sense to include that as a
goal.
Planning Commissioner Siess stated she did not see any reference to recycling and composting as
goals. Mr. Turnblad stated he will find where these are referenced, and see where they fit.
Page 3 of 4
City Council Meeting January 23, 2018
Housing
Planning Commissioner Siess asked what does"support" mean? Mr. Turnblad stated that the goal
is to "support," not "provide" quality and balanced housing. Curt Geissler suggested changing
"mentally disabled" under Special Housing Needs, to "intellectually disabled." Councilmember
Weidner suggested coming up with a new name for the annexation area under New Residential
Development.
An advisory committee member asked about walking distance referred to in the objective;
"provide for neighborhood convenience store locations within walking distance of residential
areas without negatively impacting those residential areas."Mr. Turnblad noted that to encourage
neighborhood walkability is generic. This concept does not fit tidily into housing, but is more of
an overarching concept of connectivity. He will look for a place to include this concept.
Planning Commissioner Siess stated she would like this section to address impacts on existing
streets. She will send Mr. Turnblad some possible language to explain this.
Economic Development
Councilmember Weidner questioned making the downtown the central focus in Goal 2, "promote
and maintain the downtown as a central focus for community economic and cultural activity."He
feels the City will have to redevelop the other commercial areas as well. Mr. Turnblad suggested
eliminating the word "central," and perhaps splitting this goal into two goals, not ignoring the
downtown but giving focus to the other business areas as well.
An advisory committee member suggested including a reference to green industries and green
technologies. Planning Commissioner Siess stated she would like to see language encouraging
small businesses.
Councilmember Polehna stated he would like to make sure the plan addresses having adequate
health facilities for the community. Mr. Turnblad stated he would look for an appropriate place
to address that.
Mr. Turnblad invited committee members, commissioners and councilmembers to email him with
additional input. He and Mark Koegler,planning consultant, will create a draft of 2018 goals and
objectives based on the discussion, which will be circulated for review and edits. The next
Comprehensive Plan Advisory Committee meeting will be 7 p.m. February 28 at City Hall.
ADJOURNMENT
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adjourn. All in favor.
Mayor Kozlowski adjourned the meeting at 8:41 p.m.
Ted Kozlowski, Mayor
ATTEST:
William Turnblad
Community Development Director
Page 4 of 4
RESOLUTION 2018-023
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 $596,866.56 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 30th day of January, 2018.
Ted Kozlowski, Mayor
ATTEST:
Diane F. Ward, City Clerk
EXHIBIT"A"T0RESOLUTION#2D1Q-023 Page
LIST OF BILLS
Abra Auto Glass Vehicle repair#4 238.34
Acapulco Mexican Restaurant/Pub 112 Liquor License refund due toclosing 2,838.21
Acre|o |nc Monthly UQweb payments 401.85
Advance Auto Parts Equipment repair supplies 71.24
AnnonoMcGann Inc Gate arms 310.00
Amdahl Locksmith Inc Chris Lock repair 159.00
AncornCommunication Inc. Pager and charger 857.00
Aspen Mills Uniforms and supplies 1,418.48
Auto Owners Insurance Company Flood insurance 4,034.00
AutoZone Equipment 46.99
BHECommunity Solar Solar Garden 2,177.19
Board ufWater Commissioner Repair ofmeter atparking ramp 69.16
Brind|eeMountain Fire Apparatus Broker sale nfPumper 1,300.00
Cargill Inc. Deicer 22,894.79
[DVVGovernment Inc. Computer equipment 526.65
Century Link Telephone 42.06
Cities Digital Solutions Loserficheannual support 10,693.00
Cmnncam1 Internet 134.90
Coverall ofthe Twin Cities Commercial Cleaning Services 1,772.00
Dakota County Technical College Defensive driving snow plow training 400.00
Dell Marketing L.P. Computer equipment 787.40
Dobson Brian &Sundi Refund Variance 225.00
ECIVIPub|isherm Publications 229.81
Emergency Medical Products Fit test kit 265.85
Enterprise FMTrust Lease vehicles 1,558.52
Environmental Systems Research Maintenance 2,450.00
Fastena| Comnpany Equipment repair supplies 271.35
Force America Equipment repair supplies 2,575.07
Frontier Ag8,Turf Equipment repair supplies 31.26
Fuhr Trenching House at1372Greeley StSremoved 13,770.00
G & KServicea Mots8' Uniforms 766.62
Gopher State One Call Inc. Locates 50.00
H&LK4eyabi Equipment 2,230.00
HagstronnTerry Reimbursement 72.64
Hudson Rod Gun &Archery Club Range use 200.00
Jefferson Fire and Safety Inc. Body armor 4,913.10
Keeprs |nc Boots'Julien 160.00
League ofIVIN Cities Workers Comp Claim 1,882.27
League ofK4NCities Ins Tr Workers Comp Insurance 81,705.00
Madden Ga|anterHansen LLP Labor Relations Services 62.00
Mansfield Oil Company Fuel 9,217.10
Marshall Electric Company Electrical work 3,980.00
Menards Supplies 1,236.83
K4id'K4etrmConstruction Chain link fence and gates 28,080.00
Miller Excavating 2016 Streets project 81,209.18
EXHIBIT"A" TORESOLUTION#2818'023 page 2
Minnesota U| Fund Unemployment benefits 51.48
K4NFire Srv. Cert. Board Fire inspector| Cert Exam 'Smith 115.00
K8PSTMA Membership 60.00
National Fire Protection Association Subscription 1,345.50
National Reprographics LLC Scans I62.80
Northland Graphics Stamperu 58.85
NussTruck 0, Equipment O|ifi|ters 57.91
Office Depot Office supplies 1,104.23
PereboonoJesse Reimburse for mileage 218.14
Performance Plus LLC Medical screening 1,712D0
Po|ice0ne.00nn TaserCEVVInstructor Rece/t 225.80
Primary Products Co. Purple nitrile gloves 194.47
Regency Office Products LLC Paper 29.40
River Valley Printing Inc. Business cards 138.00
Roadki|| Animal Control Wild animal disposal 2017 426.00
St. Croix Boat and Packet Co. Ramp cleaning 810.80
Stillwater Towing Towing 390.00
Thomson Reuters Information Charges 137.81
Tri-State Bobcat Equipment repair parts 210.41
Truck Utilities Inc. Equipment installed ontruck 44,438.00
USAb|e Life Term Life Insurance 458.40
Verizon Wireless Wireless service &equipment 3,139.97
Ward Diane Reimburse for office supplies 23.98
Washington County Dept nfPublic Health Hazardous Waste Generator License 241.54
Washington County License Center Vehicle registration 2,278J6
Washington County Recorder AutonnarkExt K4aintFees 5.810.00
Washington County Sheriffs Office Annual CodeREDFee 1,432.49
Woodchuck Tree Care LLC Tree removal 2,775.00
ZarnothBrush Works Inc. Equipment repair supplies 413.00
Zee Medical Service Ear plugs and first aid supplies 306.45
REC CENTER
1ST Line/LeevvesVentures LLC Snacks for concessions 879.55
Al's Coffee Company Coffee and supplies for concessions 921.35
Arrow Sports Group Skate supplies for concessions 579.16
QK4| General Licensing Music license 349.00
CDVVGovernment Inc. APC replacement battery 330.05
Coca-Cola Distribution Beverages for concessions 832.88
Comcast TV Internet&Voice 408.28
Cub Foods Concession supplies 26.10
G & KSerxices Mats 206.00
Grainger Equipment repair supplies 163.59
K4enards Equipment repair supplies 4.39
Minxa|co Equipment repair supplies 189.21
Pepsi Beverages Company Beverages for concessions 590.72
R&R Specialties Inc. Equipment repair supplies 520.25
EXHIBIT"A" TORESOLUTION#20I@-023 Page
RiedeUShoes Inc. Skates 100.75
Twin Cities Dots Q^ Pop Treats for concessions 57312
LIBRARY
1000Bu)bs.cono Lighting 336.26
Baker and Taylor Materials 71.97
BarnhouseOffice LLC Design Services 3,712.50
BrodortCo Materials 285.08
Core Commercial Flooring Carpeting 6,545.00
ECM Publishers Materials 78.00
G & KServices Towels& Rugs 83.14
Hannah Karen Staff Reimbursement 16.53
John No|1nerPhotography Programs-Adult (SPLF) 1,000.00
Madden 6a|onterHansen LLP Legal Services 3,277.99
Master Mechanical Inc. Building Repairs 1,06936
K4enards Supplies 71.22
Midwest Tape Materials 264.58
Minnesota U| Fund Unemployment Comp 2,136.00
Office ofK4N |T Services Telephone' December 138.50
Quill Corporation Supplies 293.03 .
Recorded Books Inc Materials 26.98
Simplex Grinnell LP Maintenance Contract 1,685.66
Toshiba Business Solutions Maintenance Contract 72.39
LIBRARY CREDIT CARD
Amazon.com Materials 370.61
B&H Photo Small Equipment 157.73
Dominos Pizza ProQranms-Teen 40.82
John No|tnerPhotography Materials 238.00
Lakeshore Learning Materials Small Equipment 170.45
Target Pnogramns-Teen 43.47
ADDENDUM
Auto Owners Insurance Company Flood Insurance 3,729.00
Bridgewater Bank TIF Collections 15,909.45
Lake Elmo Bank TIF Collections 15,989.45
Loff|er Copier 6,556.54
Long Lake Villa TIF Collections 31'720.95
Magnuson Law Firm Professional Service 11,701.83
Marshall Electric Electrical work council chambers 1,205.00
NovitzNK4ark Refund ofchange not returned at romp 17.00
Pro-Tec Design Security Improvements 58,448.65
Pfister Richard TIF Collections 10,294.07
PhormoerA|yson Refund ofchange not returned atramp 17.00
EXHIBIT"A"TO RESOLUTION#2018-023 Page 4
Siegfried Construction Co Triangle Park Stairs 55,835.56
Thomson Reuters Financial Stmt Guide 305.04
Tousignant Melissa Anne Refund of change not returned at ramp 7.00
TOTAL 596,866.56
Adopted by the City Council this
30th Day of January, 2018
Board of Commissioners
* BOARD AGENDA
Fran Miron,District 1
Stan Karwoski,District 2
JANUARY 23, 2018 - 9:00 A.M. Gary Kriesel,District 3
Karla Bigham,Chair,District 4
Lisa Weik, District 5
1. 9:00 Washington County Regional Railroad Authority Convenes
A. Roll Call
B. Pledge of Allegiance
C. Election of the Chair and Vice Chair for Regional Railroad Authority for 2018
D. Approval of Regional Railroad Authority Minutes from December 19, 2017
E. Approval of Amendment No. 2 to Contract#10020 with MZA+Co for$130,000 to Perform
Gateway Corridor Professional Communication Services—Sara Allen, Planner
F. Adjourn
2. 9:10 Washington County Board of Commissioners Convenes
Roll Call
3. 9:10 Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility orfunclion of Washington County Government,whether ornot 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,stale your name and city of residence,and
present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed
to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair
reserves the right to limit an individual's presentation if it becomes redundant,repetitive,overly argumentative,or if it is not relevant to an issue that is
part of Washington County's Responsibilities.
4„ 9:20 Consent Calendar—Roll Call Vote
5. 9:20 Library—Keith Ryskoski, Director
Resolution—Approval to Accept Donation of$30,000 from the RAFT Foundation
6., 9:25 Property Records and Taxpayer Services—Jennifer Wagenius, Director
A. Approval of Appointment of Commissioner Karwoski and Commissioner Miron to the County
Canvass Board for the State Senate District 54 Special Election Primary
B. Approval of Appointment of Commissioner Karwoski and Commissioner Weik to the County
Canvass Board for the State Senate District 54 Special Election
7. 9:35 Sheriffs Office—Sheriff Dan Starry
Resolution—Approval to Accept Donation of$1,668 from Afton Apple Orchard
8, 9:40 General Administration—Molly O'Rourke, County Administrator
9, 9:50 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. 10:05 Adjourn
12. 10:10-11:10 Board Workshop with Administration—Colin Kelly, Senior Planner and Steph Falkers, SRF
Update on the Comprehensive Plan Process
13. 11:15-12:00 Board Workshop with Administration—Melinda Kirk, Budget/Financial Analyst and Renee
Heinbuch, Information Technology Director
Review Projects in the 2018-2022 Capital Equipment and Technology Plan (CETP)
Assistive listening devices are available for use in the Counly 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 23, 2018
The following items are presented for Board approval/adoption:
DEPARTMENVAGENCY ITEM
Administration A. Approval of January 9, 2018 County Board Meeting Minutes.
Community Services B. Approval of resolution affirming Washington County's support for state
capital investments for regional behavioral health crisis program faci I ities and
permanent supportive housing for people with behavioral health needs.
Public Works C. Approval to appoint Dan MacSwain,Parks Natural Resources Coordinator as
Washington County Agricultural Inspector effective March 1, 2018.
Sheriff's Office D. Approval of Application for Federal Assistance from the Office of National
Drug Control Policy for the second year of federal grant funding in the High
Intensity Drug Trafficking Areas Program.
Consent Calendar items are generally defined as iterns of routine business,not requiring discussion,and approved in one vote. Commissioners may elect to
pull a Consent Calendar iten-i(s)for discussion and/or separate action,
Assistive listening devices are available for use in the County Board Room
It you need assistance due to disability or language barrier,please call(651)430-6000
EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
-St i I IWI(a t 216 41h Street N, Stillwater, MN 55082
651-430-8800
The FintFFWaceofMinnear>cAa J' www.ci.stillwater.mn.us
AGENDA
CITY COUNCIL MEETING
January 30, 2018 (CHANGED FROM FEBRUARY 6, 2018)
REGULAR MEETING 4:30 P.M.
RECESSED MEETING 7:00 P.M.
4:30 P.M.AGENDA
I. CALL TO ORDER
II. ROLL CALL
III. OTHER BUSINESS
1. Discussion on Lily Lake Water Quality with Middle St. Croix WMO
2. Discussion on Special Event Policy (available Tuesday)
3. Update on upcoming Legislative Session (February 20 - May 21, 2018)
IV. STAFF REPORTS
4. Police Chief
S. Fire Chief
6. City Clerk
7. Community Development Dir. - Update on Goals for Comp Plan
8. Public Works Dir.
9. Finance Director
10. City Attorney
11. City Administrator
7:00 P.M.AGENDA
V. CALL TO ORDER
VI. ROLL CALL
VII. PLEDGE OF ALLEGIANCE
VIII. APPROVAL OF MINUTES
12. Possible approval of the January 16, 2018 regular and closed session meeting minutes
(available Tuesday)
IX. PETITIONS, INDIVIDUALS, DELEGATIONS &COMMENDATIONS
X. OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are
not a part of the meeting agenda. The Council may take action or reply at the time of the
statement or may give direction to staff regarding investigation of the concerns expressed.
Out of respect for others in attendance, please limit your comments to 5 minutes or less.
XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to
be routine by the city council and will be enacted by one motion. There will be no separate
discussion on these items unless a council member or citizen so requests, in which event,
the items will be removed from the consent agenda and considered separately.
13.Resolution 2018-023, directing the payment of bills
14.Resolution 2018-024, approval of Contract with Kraus-Anderson for Construction
Management and Design for St. Croix Recreation Center project (available Tuesday)
15. Possible approval of St. Croix Valley Recreation Center Capital Budget request- Dehumidifier
16. Possible approval of St. Croix Valley Recreation Center Capital Budget request- Dasher boards
XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR
COMMENTS TO 10 MINUTES OR LESS.
17. CPC Case No. 2017-87. This is the date and time for a public hearing to consider a request by
Ken Heifort, property owner and Todd Gans of Integrity Land Development, applicant, for the
consideration of a Final PUD, Preliminary Plat, Zoning Map Amendment and any Variances
related thereto, for the property located at 8911 Neal Ave in the AP District. PID
2003020220017. Notices were mailed to affected property owners and published in the
Stillwater Gazette on December 29, 2017. (Resolution and 1St reading of Ordinance - Roll Call)
18. CPC Case No. 2017-68. This is the date and time to consider a request by Michael McGrath,
property owner for the consideration of a Zoning Text Amendment to allow retail use in the
BP-I district by Special Use Permit for the property located at 1815 Greeley St S in the BP-I
District. PID3303020320003. Notices were mailed to affected property owners and published
in the Stillwater Gazette on December 29, 2017. (1St reading of Ordinance - Roll Call)
XIII. UNFINISHED BUSINESS
19. Possible approval of sanitary sewer adjustments (tabled from January 16, 2018 meeting)
(Resolution - Roll Call)
XIV. NEW BUSINESS
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
January 16, 2018
REGULAR MEETING 7:00 P.M.
DESIGNATION OF TEMPORARY VICE MAYOR
City Clerk Ward explained that due to the absence of the Mayor and Vice Mayor,a temporary
Vice Mayor must be designated.
Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to designate
Councilmember Junker as Temporary Vice Mayor. All in favor.
Temporary Vice Mayor Junker called the meeting to order at 7:04 p.m.
Present: Councilmembers Menikheim,Weidner, Temporary Vice Mayor Junker
Absent: Councilmember Polehna and Mayor Kozlowski
Staff present: City Administrator McCarty
City Attorney Magnuson
Police Chief Gannaway
Fire Chief Glaser
Community Development Director Turnblad
Public Works Director Sanders
City Clerk Ward
PLEDGE OF ALLEGIANCE
Temporary Vice Mayor Junker led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Possible approval of minutes of January 2. 2018 regular and recessed meeting
Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to approve the
January 2, 2018 regular and recessed meeting minutes.All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS &COMMENDATIONS
There were no petitions, individuals, delegations or commendations.
OPEN FORUM
Bill Howe, on behalf of the Lakes at Stillwater, thanked public safety responders for their
emergency response last week to assist a member of the construction team.
Roger Tomten, 718 South 5th Street, representing Sustainable Stillwater and Friends of
Stillwater Trails, updated the Council on upcoming activities of the groups, and requested a
workshop.
City Council Meeting January 16, 2018
STAFF REPORTS
Community Development Director Turnblad reminded the Council of the 6:30 p.m.Tuesday,
January 23, Council work session with the Planning Commission and the Comprehensive
Plan Advisory Committee.
Public Works Director Sanders informed the Council that tomorrow crews would begin
removing snow in the downtown area. He also updated the Council on the DNR/White Bear
Lake Court Case. One of the implications of the court order is that when the level of White
Bear Lake is below 923.5',there needs to be a residential watering ban that includes the City
of Stillwater. The Water Board has met a few times to discuss options; and Councilmember
Weidner requested a report from the Water Board about what they plan to do about the
situation and requested that the Water Board be invited to the Council's next work session
in two weeks.
CONSENT AGENDA
Resolution 2018-017, Directing the Payment of Bills
Resolution 2018-018, approving 2018 special event contract Cruisin' on the Croix
Possible approval of 26th Annual Bocce Ball Tournament- February 17, 2018 - Brines
Resolution 2018-019, appointment to Downtown Parking Commission
Possible approval to purchase tractor and backhoe - Public Works
Possible approval of sanitary sewer adjustments
Councilmember Weidner asked to pull the possible approval of sanitary sewer adjustments
from the Consent Agenda.
Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt the
Consent Agenda with the exception of the possible approval of sanitary sewer adjustments.
Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker
Nays: None
Possible approval of sanitary sewer adjustments
Councilmember Weidner acknowledged a letter from a resident expressing dissatisfaction
after meeting with the Water Department about a sanitary sewer issue.
City Attorney Magnuson explained that the property owner complained to the Water Board
about what they felt was an excess amount of gallons of water pumped. Water Department
staff checked the gauges and felt they are very accurate and that a leak was causing the high
water usage.The homeowner appealed to the Water Board and the Board declined to adjust
the bill, but proposed to allow almost a year to pay the delinquent charges. There is no
avenue to appeal that to the City Council. The only avenue for appeal is District Court.
Councilmember Weidner stated he finds it interesting to compare the adjustments
requested in the Consent Agenda versus the other one,which was denied.
Motion by Councilmember Menikheim, seconded by Temporary Vice Mayor Junker,to approve
the sanitary sewer adjustments.
Councilmember Weidner stated he would like to know the difference between the situations
that was denied versus those up for approval. He feels the separation between the Water
Page 2 of 7
City Council Meeting January 16, 2018
Board and the rest of the City seems archaic and out of touch. He would like more
information on what qualifies for an adjustment.
Councilmember Menikheim rescinded his motion to approve the sanitary sewer
adjustments, and the seconder to the previous motion, Temporary Vice Mayor Junker,
agreed.
Motion by Councilmember Menikheim,seconded by Temporary Vice Mayor Junker,to table the
possible approval of sanitary sewer adjustments to the January 30 meeting.
Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker
Nays: None
PUBLIC HEARINGS
Case No. 2017-62.A public hearing to consider a request by Brown's Creek West LLC.property
owner, for a Conditional Use Permit (CUP) and Variances to build a new residential
condominium at the property located at 107 Third Street North in the CBD district(tabled from
January 2. 2018 meetingl.
Community Development Director Turnblad reviewed that Jon Whitcomb, Brown's Creek
West LLC,has applied for a variance necessary for the construction of a condo building.The
applicant is requesting a 10' variance to the 35' maximum height for a 45' freestanding
building located in the Central Business District Blufftop District. While the applicant's
request is for a 43.5' tall building, the applicant's measurement of the average elevation is
not consistent with the City's interpretation of the average elevation of the building.Written
concerns were received from seven residents. The Planning Commission, finding that
practical difficulty has not been established for the 10' increase in height, recommended
denial of the height variance, with prejudice. Their basis for the denial was the application
is not in harmony with the general purposes of the Zoning Code, is not consistent with the
Comprehensive Plan, and has not established practical difficulty for the addition of the
fourth story; staff recommends denial of the height variance.
Temporary Vice Mayor Junker opened the public hearing.
Jon Whitcomb, applicant, 12950 75th Street, asked for clarification regarding whether the
Council is being asked to review the height or the full project. Mr. Turnblad replied the
Council is being asked to address the height variance only. The rest of the project was acted
on by the Planning Commission, which denied the use permit and setback variances. There
is a 10-day appeal window, so if the Council approves the height variance, Mr. Whitcomb
could appeal the other denials immediately.
Councilmember Weidner asked about the implications if the Council denies the height
variance; and Mr. Turnblad stated the appeal of a denial of a height variance would be to
District Court, but an appeal of the Planning Commission denials would be to the City
Council.
Mr. Whitcomb stated he would prefer to have the project reviewed by the full council. He
suggested tabling the case to the next meeting. Regarding the proposed fourth floor, he
explained that one of the challenges and benefits of the site is its topography. Developers
took over a year to come up with the best possible design, incorporating underground
Page 3 of 7
City Council Meeting January 16, 2018
parking in consideration of the City's need for developments to provide their own parking.
Underground parking became an extraordinary part of project costs. The way to defer that
is to add a living area above. He feels this is reasonable because the portion of the building
that is requested to have the fourth floor is outside of the area that has the overlay district.
He would like to table it to work with City staff to come up with something that might be
more appealing.
Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to continue the
public hearing on the height variance,as well as the appeal to the Planning Commission denials,
to February 20 at 7 p.m.
Ayes: Councilmembers Menikheim, Weidner and Temporary Vice Mayor Junker
Nays: None
UNFINISHED BUSINESS
Case No. 2017-61. Reconsideration of a Preliminary Plat for West Ridge and any Variances
related thereto and possible approval of second reading of Ordinance 1099, an ordinance
amending the Stillwater City Code Section 31-300 Entitled Establishment Of Districts by
rezoning approximately five acres to RA, Single Family Residential.
Community Development Director Turnblad stated that the Council considered the
preliminary plat and rezoning request for this project on January 2, 2018. The first reading
of the rezoning ordinance was approved. Though the preliminary plat was found
satisfactory, the dead-end street layout was not. Therefore, the Council denied the
preliminary plat with unanimous direction to revise the street layout so that neither
snowplows nor large fire equipment would have to back up to drive out of the subdivision.
The revision has been made and found acceptable to both the Public Works Director and the
Assistant Fire Chief. The dead end is now a modified cul-de-sac with the potential for future
extension to the east. The developer is requesting the following: 1) approval of the second
reading, and adoption of the ordinance rezoning the property to RA, Single Family
Residential and 2) approval of the revised preliminary plat for West Ridge.
Motion by Councilmember Weidner, seconded by Temporary Vice Mayor Junker, to approve
Resolution 2018-020, a resolution approving the preliminary plat for West Ridge, Case No.
2017-61,with 18 conditions recommended by staff.
Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker
Nays: None
Motion by Councilmember Menikheim, seconded by Temporary Vice Mayor Junker, to adopt
second reading of Ordinance No. 1099, an ordinance amending the Stillwater City Code
Section 31-300 entitled Establishment of Districts by rezoning approximately five acres to RA,
Single Family Residential.
Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker
Nays: None
Page 4 of 7
City Council Meeting January 16, 2018
Possible approval of second reading of Ordinance 1100, an ordinance amending the Stillwater
City Code Section 31-300 Entitled Establishment Of Districts by rezoning approximately five
acres to TR. Traditional Residential, Case No. 2017-56 - Nottingham.
Motion by Councilmember Weidner, seconded by Temporary Vice Mayor Junker, to adopt
second reading of Ordinance 1100, an ordinance amending the Stillwater City Code Section
31-300 entitled Establishment of Districts by rezoning approximately five acres to TR,
Traditional Residential.
Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker
Nays: None
Possible approval of second reading of Ordinance 1101, an ordinance amending the Stillwater
City Code Chapter 31.entitled Zoning Ordinance by amending regulations for Short Term Home
Rentals.
Motion by Councilmember Weidner, seconded by Councilmember Menikheim,to adopt second
reading of Ordinance 1101, an ordinance amending the Stillwater City Code Chapter 31
entitled Zoning Ordinance by amending regulations for Short Term Home Rentals.
Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker
Nays: None
NEW BUSINESS
Possible award of Construction Management and Design for St. Croix Recreation Center project
Community Development Director Turnblad informed the Council that design work for the
St. Croix Valley Recreation Center expansion project is underway. The City received three
proposals for Construction Management services.Staff recommends hiring Kraus-Anderson
for the project.
Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to award the
contract for Construction Management and Design for St. Croix Recreation Center to Kraus-
Anderson.
Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker
Nays: None
Possible approval of Lakeview Hospital's amendment to Special Use Permit
Community Development Director Turnblad stated that Lakeview Hospital has requested
an amended Special Use Permit for: 1) the replacement of the rooftop fluid cooler with an
18' tall cooling tower located near the southern portion of the building, which has already
been installed; and 2)the replacement of two-rooftop air handling units on the clinic portion
of the facility. The tower replaced equipment that was noisier, which met requirements at
property lines but was bothering patients of the hospital. The proposed HVAC units on the
clinic portion will be somewhat narrower, but taller, and quieter. The residents across the
street are concerned about noise and screening, so Lakeview will work on some screening
options, which may involve ground level landscaping. The Planning Commission
recommends conditional approval with screening. Staff finds that with certain conditions,
Page 5 of 7
City Council Meeting January 16, 2018
Case No.2017-66 conforms to the standards set forth for Special Use Permits,and therefore
recommends approval the requested rooftop mechanical improvements for Lakeview
Hospital, 927 Churchill Street West,with seven conditions.
Councilmember Weidner asked why the case is before the Council; and Mr. Turnblad
responded that it is a change to the exterior, related to the SUP, and is in a residential
neighborhood. Lakeview will propose screening and City staff will talk with the neighbor
and ask them if they think it will be satisfactory. If there is mutual agreement,the issue will
be handled administratively; if not, it will return to the Council.
Motion by Councilmember Menikheim, seconded by Temporary Vice Mayor Junker, to adopt
Resolution 2018-021, a resolution approving an amendment to the Special Use Permit for
Lakeview Hospital allowing installation of rooftop mechanical equipment, Case No. 2017-66.
Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker
Nays: None
Possible approval of 2018 Fee Schedule
City Administrator McCarty presented the proposed 2018 fee schedule, including a
proposed fee schedule for events.
Councilmember Weidner stated that he is not comfortable with the event fees, since the
Council has not completed the Event Policy yet. He would prefer the Event fees be part of
the Event Policy. Mr.McCarty responded that the Council could approve all fees as presented
except Event fees.
Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt a
resolution adopting 2018 Fee Schedule,with the exception of the proposed events fees.
Councilmember Weidner rescinded his motion and and the seconder to the previous
motion, Councilmember Menikheim, agreed.
Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt
Resolution 2018-022, resolution adopting 2018 Fee Schedule,with the exception of proposed
Event Fees.
Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker
Nays: None
COMMUNICATIONS/REQUESTS
There were no communications or requests.
COUNCIL REQUEST ITEMS
Temporary Vice Mayor Junker stated he has heard a couple of neighborhood complaints and
would like to direct staff and Council to consider them. One situation involves an extremely
bright floodlight on a house that shines directly into their neighbor's home. He would like
to provide direction to staff to move forward with some type of residential lighting
ordinance.
Page 6 of 7
City Council Meeting January 16, 2018
The other issue involves vehicles idling in their driveway causing pollution into the
neighbor's home; and City Attorney Magnuson stated he would review the situation.
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 Weidner, seconded by Councilmember Menikheim, to adjourn the
meeting to closed session at 8:35 p.m.
Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker
Nays: None
David Junker, Temporary Vice Mayor
ATTEST:
Diane F.Ward, City Clerk
Resolution 2018-017, Directing the Payment of Bills
Resolution 2018-018, approval of 2018 special event and contract Cruisin' on the
Croix
Resolution 2018-019, appointment to Downtown Parking Commission
Resolution 2018-020, a resolution approving the preliminary plat for West Ridge,
Case No. 2017-61
Resolution 2018-021, a resolution approving an amendment to the Special Use
Permit for Lakeview Hospital allowing installation of rooftop mechanical
equipment, Case No. 2017-66
Resolution 2018-022, resolution adopting 2018 Fee Schedule
Ordinance No. 1099, an ordinance amending the Stillwater City Code Section 31-300
entitled Establishment of Districts by rezoning approximately five acres to RA,
Single Family Residential
Ordinance No. 1100, an ordinance amending the Stillwater City Code Section 31-300
entitled Establishment of Districts by rezoning approximately five acres to TR,
Traditional Residential
Ordinance No. 1101, an ordinance amending the Stillwater City Code Chapter 31
entitled Zoning Ordinance by amending regulations for Short Term Home
Rentals
Page 7 of 7
EXHIBIT"A"TO RESOLUTION #2018-023 Page 1
LIST OF BILLS
Abra Auto Glass Vehicle repair#4 238.34
Acapulco Mexican Restaurant/Pub 112 Liquor License refund due to closing 2,830.21
Accela Inc Monthly UB web payments 401.85
Advance Auto Parts Equipment repair supplies 71.24
Amano McGann Inc Gate arms 310.00
Amdahl Locksmith Inc Chris Lock repair 159.00
Ancom Communication Inc. Pager and charger 857.00
Aspen Mills Uniforms and supplies 1,418.48
Auto Owners Insurance Company Flood Insurance 4,034.00
AutoZone Equipment 46.99
BHE Community Solar Solar Garden 2,177.19
Board of Water Commissioner Repair of meter at parking ramp 69.16
Brindlee Mountain Fire Apparatus Broker sale of Pumper 1,300.00
Cargill Inc. Deicer 22,894.79
CDW Government Inc. Computer equipment 526.65
Century Link Telephone 42.06
Cities Digital Solutions Laserfiche annual support 10,693.00
Comcast Internet 134.90
Coverall of the Twin Cities Commercial Cleaning Services 1,772.00
Dakota County Technical College Defensive driving snow plow-training 400.00
Dell Marketing L.P. Computer equipment 787.40
Dobson Brian &Sundi Refund Variance 225.00
ECM Publishers Publications 229.81
Emergency Medical Products Fit test kit 265.85
Enterprise FM Trust Lease vehicles 1,558.52
Environmental Systems Research Maintenance 2,450.00
Fastenal Company Equipment repair supplies 271.35
Force America Equipment repair supplies 2,575.07
Frontier Ag&Turf Equipment repair supplies 31.26
Fuhr Trenching House at 1372 Greeley St S removed 12,770.00
G & K Services Mats& Uniforms 766.62
Gopher State One Call Inc. Locates 50.00
H&L Mesabi Equipment 2,230.00
Hagstrom Terry Reimbursement 72.54
Hudson Rod Gun &Archery Club Range use 200.00
Jefferson Fire and Safety Inc. Body armor 4,913.10
Keeprs Inc Boots-Julien 160.00
League of MN Cities Workers Comp Claim 1,882.27
League of MN Cities Ins Tr Workers Comp Insurance 81,705.00
Madden Galanter Hansen LLP Labor Relations Services 62.00
Mansfield Oil Company Fuel 9,217.10
Marshall Electric Company Electrical work 3,980.00
Menards Supplies 1,236.83
Mid-Metro Construction Chain link fence and gates 28,000.00
Miller Excavating 2016 Streets project 81,209.18
EXHIBIT"A" TO RESOLUTION#2018-023 Page 2
Minnesota UI Fund Unemployment benefits 51.48
MN Fire Srv. Cert. Board Fire inspector I Cert Exam -Smith 115.00
MPSTMA Membership 60.00
National Fire Protection Association Subscription 1,345.50
National Reprographics LLC Scans 262.80
Northland Graphics Stampers 58.85
Nuss Truck & Equipment Oli filters 57.91
Office Depot Office supplies 1,104.23
Pereboom Jesse Reimburse for mileage 218.14
Performance Plus LLC Medical screening 1,712.00
PoliceOne.com Taser CEW Instructor Recert 225.00
Primary Products Co. Purple nitrile gloves 194.47
Regency Office Products LLC Paper 29.40
River Valley Printing Inc. Business cards 138.00
Roadkill Animal Control Wild animal disposal 2017 426.00
St. Croix Boat and Packet Co. Ramp cleaning 810.00
Stillwater Towing Towing 390.00
Thomson Reuters Information Charges 137.81
Tri-State Bobcat Equipment repair parts 210.41
Truck Utilities Inc. Equipment installed on truck 44,438.00
USAble Life Term Life Insurance 458.40
Verizon Wireless Wireless service &equipment 3,139.97
Ward Diane Reimburse for office supplies 23.98
Washington County Dept of Public Health Hazardous Waste Generator License 241.54
Washington County License Center Vehicle registration 2,278.76
Washington County Recorder Automark Ext Maint Fees 5,810.00
Washington County Sheriffs Office Annual CodeRED Fee 1,432.49
Woodchuck Tree Care LLC Tree removal 2,775.00
Zarnoth Brush Works Inc. Equipment repair supplies 413.00
Zee Medical Service Ear plugs and first aid supplies 306.45
REC CENTER
1ST Line/Leewes Ventures LLC Snacks for concessions 879.55
AI's Coffee Company Coffee and supplies for concessions 921.35
Arrow Sports Group Skate supplies for concessions 579.16
BMI General Licensing Music license 349.00
CDW Government Inc. APC replacement battery 330.05
Coca-Cola Distribution Beverages for concessions 932.88
Comcast TV Internet&Voice 408.28
Cub Foods Concession supplies 26.10
G & K Services Mats 206.00
Grainger Equipment repair supplies 163.59
Menards Equipment repair supplies 4.39
Minvalco Equipment repair supplies 189.21
Pepsi Beverages Company Beverages for concessions 590.72
R&R Specialties Inc. Equipment repair supplies 520.25
EXHIBIT"A"T0RESOLUTION#2088-M23 Page
RiedeUShoes Inc. Skates 100.75
Twin Cities Dots/& Pop Treats for concessions 573.12
LIBRARY
1000Bu|bs.com Lighting 336.25
Baker and Taylor Materials 71.97
BarnhnuseOffice LLC Design Services 3,712.50
BrodartCo Materials 285.08
Core Commercial Flooring Carpeting 6'545.00
ECM Publishers Materials 78.00
G8, KServices Towels & Rugs 83.14
Hannah Karen Staff Reimbursement 16.53
John No|tnerPhotography Programs Adu|t(SPLF) 1,000.00
Madden Ga|anterHansen LLP Legal Services 3,277.99
Master Mechanical Inc. Building Repairs 1,069.36
W1enards Supplies 71.22
Midwest Tape Materials 264.58
Minnesota U| Fund Unemployment Comp I,136.00
Office ofK8N |TServices Telephone December 138.58
Quill Corporation Supplies 293.03
Recorded Books Inc Materials 26.98
Simplex Grinnell LP Maintenance Contract 1,685.66
Toshiba Business Solutions Maintenance Contract 72.39
LIBRARY CREDIT CARD
Amazon.com Materials 370.61
B&H Photo Small Equipment 157.73
Dominos Pizza Programs'Teen 40.82
John No|tnerPhotography Materials 230.00
Lakeshore Learning Materials Small Equipment 170.45
Target Programs Teen 43.47
wat f
d 'l 11 istral1011 1
Date: January 23, 2018
TO: Mayor and City Council
FROM: Tom McCarty, City Administrator tlj
SUBJECT: St. Croix Valley Recreation Center 2018 Capital Request
BACKGROUND:
The St. Croix Valley Recreation Center is requesting approval for purchase of a dehumidifier
for the Recreation Center. Funding in the amount of$67,000 for a dehumidifier for the Rec
Center was included in the City's adopted 2018 capital outlay budget. Rec Center Manager
Doug Brady has obtained quotes for a dehumidifier unit for the Rec Center (see attached).
Mr. Brady recommends acceptance of the quote from Schwab, Volihaber, Lubratt, Inc. (SVL)
in the amount of$57,795. SVL installed a similar dehumidifier for the Rec Center in 2017,
and in order to maintain equipment compatibility,acceptance of the quote from SVL is in the
best interests of the City. Installation costs for the dehumidifier will bring the total project
cost up to the budgeted $67,000.
RECOMMENDATION:
Staff recommends acceptance of the quote from SVL, Inc. in the amount of$57,795 for a
dehumidifier unit for the St. Croix Valley Recreation Center as being the lowest responsible
quote and in the best interests of the City.
ACTION REQUIRED:
If the Council concurs with the staff recommendation, Council should approve acceptance
of the quote from SVL, Inc. in the amount of$57,795 for a dehumidifier unit for the St. Croix
Valley Recreation Center.
STAFF REQUEST ITEM
Department: St. Croix Valley Recreation Center Date: 1/19/2018 _
DESCRIPTION OF REQUEST
Request to purchase one dehumidifier for the St. Croix Valley Recreation Center
FINANCIAL IMPACT
The cost of the units are 56,285 to 84,222 and we will need to install it
which will be approximately $10,000 in addition to the quote below.
Funding would be capital outlay 2018,
Quote 1 Trane 84,222
Quote 2 SVL 57,795
Quote 3 MMS 56,285
ADDITIONAL INFORMATION ATTACHED Yes _X No
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE
COUNCIL MATERIAL PACKET.
Submitted by: Doug Brady Date: 1/19/2018
vo F-: 110C 1-k
.m a
SCHWAB - VOLLHABER - LUBRATT, INC.
SVL4600 CHURCHILL STREET . ST.PAUL, MINNESOTA 55126 . PHONE:(651)481-8000 . FAX:(651)481-8621
To St Croix Rec Center PROPOSAL NUMBER
Attn: Doug Brady BID DATE 10/9/17
Terms of Payment NET 30 DAYS
Project St Croix Rec Center
Delivery Terms FOB FACTORY
Engineer FREIGHT ALLOWED
Date 10/9/17
igont Dehumidifiers
(1) ARID-Ice model DH-142 packaged desiccant dehumidification units as follows:
- 2"double wall insulated weatherproof construction for outdoor slab mounting location
- 5,800 CFM (2.0" ESP)
- Outdoor ventilation air package with hood, bird-screen and damper (user selectable modesl of
0%, 20% or 100% emergency purge. Note 100% purge mode may exceed DH capacity)
- Push button purge for fixed time resurfacer operation ventilation
Direct drive process fan with premium E motor and shaft grounding
® Direct drive reactivation Fan with TEFC motor and operating controls
- 30% 2" Filters with pressure drop indicators for reactivation AND process airstreams
• 42" DIA, 400 mm advanced silica gel desiccant wheel with all stainless steel cassette
- Double lip Viton rotor air seal system
- Rotation detector and chain-drive purge reactivation configuration
- Electric reactivation system with CRRC micro-processor reactivation energy rate controller
- Unit face mount disconnect switch
® Single point power supply
- Motor starters with unit controller and interlocks with safety circuits
- Room dew-point transmitter with display and remote user interface
- Unit mooted graphic annunciator panel
- Factory start-up and first year labor warranty by Controlled Dehumidification/SVL
® Adapter curb to existing Munters A20G
YOUR COST FOR THE ABOVE, FREIGHT ALLOWED ..........................o....$ 57,795.00
Sincerely,
Keay
Kelly Hauenstein
Schwab-Volihaber-Lubratt, Inc.
651-255-1926
kellyh@svl.com
Standard Sch%vab-Vollhaber-Lubratt,Inc.'Perms and Conditions apply to this proposal Sales&Use Taxes not included. I/l
0 RE 's.
MIDWEST MECHANICAL SOLUTIONS
8125 Lewis Road
Golden Valley,MN 55427 Proposul
To: St. Croix Valley Recreation Center Date: 1011812016
Attn: Doug Brady Delivery Terms. FOB Factory
Project. St Croix Valley Recreation Center Payment Terms: Net 30
Engineer. TBD Tax: Not Included
Proposal#: 40807
Midwest Mechanical Solutions is pleased to offer the following products jar your review and consideration:
Group Item# Qty Model Tag
I I 1 Munters DDS Series Dehumidification System DHU-1
Model A20 replacement of the existing Munters A20 rooftop mounted Ice Rink dehumidification unit with the following:
* Outdoor Rooftop Construction-New 2"double Wall Foam Injected Panels with R-14 insulation
* Panel frame system is constructed of FRP pultruded members with no through metal-Thermally Broken
* Access Doors with heavy duty lockable latches and hinges
* Ultra High Efficiency Direct Drive Supply Fan with 7.5 Premium Efficiency Motor
* Direct Drive Reactivation Fan with 3 HP Premium Efficiency TEFC Motor
* Two Position Outside Air Damper
* Munters Patented Titanium Silica Gel HoneyCombe Dessicant Dehumidification wheel-Wheel Size 42"Diameter(1000 mm)
400 mm deep wheel for less heat rise to the space (Wheel Size Provides Capacity and Efficiency of Existing Wheel)
* Direct Fired Natural gas reactivation Modulating Burner with internal controls
* Face and Bypass and Return Air Dampers
• 2"Deep-30% Efficient Pre-Filters on Reactivation and Supply Air
* Unit Control identical to existing unit
* Single point power with unit mounted disconnect
* Humidistat,purge interlock and gas control
* Factory Authorized Start-up Assistance
* 5 year Workmanship and Material Parts warranty on the desiccant wheel
* 1 year parts warranty on entire unit
* Freight to Stillwater,MN
Not Including: Installation,Transitions to existing ductwork,Removal of Existing Units,Storage,Ist year Labor Warranty,Tax
Please note that the NEW A20 unit is the same width but approx.30"longer and the supply and discharge don't line up exactly,
if adaptor curb is purchased from MMS,the cost would be S 1,715.00
Total Net Price (Group 2) $54,570
�7 -{ I l 5—
Sincerely, o c� S�,'26
S�
Midwest Mechanical Solutions
Bret Riemenschneider-Direct:(952)525-2034/Fax.(952) 738-5224/Mobile: (612) 859-5765
Email.Breogmnisus.com
Wednesday,October 19,2016 Page I of I
www.MMSUS.COM
Proposal
0 7NME* (Valid for 30 days from Proposal date)
Prepared For, Date:October 11, 2016
Doug Brady
Proposal Number, S3-109399-1
Job Name:
Stillwater Rec Center HVAC
Delivery Terms: Payment Terms.
Freight Allowed and Prepaid-F.0.B. Factory Net 30 Days
Trane U.S. Inc.dba Trane is pleased to provide the following proposal for your review and approval.
Tog Data -ICE Western DU(Qty: 1)
Item Tag(s) Qty
It'
Al DH-1 1
Product Data-ICE Western DU
D11-1
11- ICEW model OSD109-WSG- 1070X200 Outdoor down discharge bottom R/A dehumidifier utilizing
desiccant wheel and direct fired regeneration heater
4,500 cfin airflow to process area @ 0.75 w.c.esp w/5 Hp
1485 cfm for regeneration w/2 Hp motor 208/3/60,400 MBH input for direct fired regeneration
7-14"w.c.Natural gas manifold
c/w direct fired burner section,high temperature modulating gas valve w/discharge air sensor and remote
temperature selector unit mounted,special high limit for regeneration,manifold controls enclosure for
manifold and control,regeneration fitter rack w/2"pleated filters,process filter section w/2"pleated filters,
inlet damper for regeneration w/2 position damper motor,exhaust damper for regeneration w/2 position
damper motor,2"3 lb density insulation,22 gauge solid liner,unit mounted control panel,humidity sensor,
Allen Bradly Micrologics PLC w/HMI,geaseable bearings,ACTECH VFD B1 fan for regeneration,motor
and bearings out of air strewn for regeneration, stainless steel plates and screens to protect wheel from
burner,desiccant wheel WSG 1070X200,hinged access doors w/Austin Romtech handles,roof curb.
Total Net Price (Excluding Sales Tax) —. . ...... . .. .... . .. $84,22100
Tax Status: Taxable E IF EXEMPT PLEASE SUBMIT COMPLETE TAX EXEMPTION CERTIFICATE WITH YOUR
SIGNED PROPOSAL OR WITH YOUR PURCHASING DOCUMENTS,KEEP YOUR ORIGINAL
Exempt EI ON FILE IN THE OFFICE.YOU WILL BE CHARGED TAX IF A VALID EXEMPTION
CERTIFICATE IS NOT ON FILE BEFORE EQUIPMENT,PARTS OR SERVICES ARE
PROVIDED.SEE &QQWSJ6JE-LIWS&tJM FOR TAX FORMS.
Anticipation Discount
Trane has created an easy way to reduce your cost through the Anticipation Discount Program (ADP). ADP is a flexible
program designed for all customers. Your discount depends on how much you pay,when you pay,the current discount
rate and the date your equipment ships.
Your Trane representative 411 be happy to provide you with a formal ADP quotation so you can lock in your savings.
Sincerely,
Spencer Ingaldson -Trane U.S.Inc.dba Trane
775 Vandalia Street
Saint Paul, MN 55114
Phone: (612)201-3598
This proposal is subject to your acceptance of the attached Trane terms and conditions.
J:IJOBS110011093990 kProposal.doc
Stillwater Roe Center HVAC October 14,2016
TERMS AND CONDITIONS- COMMERCIAL EQUIPMENT
"Company"shall mean Trane Canada ULC for sales In Canada and Trane U.S.Inc.for sales in the United States.
1. Acceptance. These terms and conditions are an Integral part of Company's offer and form the basis of any agreement(the"Agreement")
resulting from Company's proposal(the"Proposal")for the sale of the described commercial equipment and any ancillary services(the
"Equipment"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT The Proposal is subject to
acceptance in writing by the party to whom this offer is made or an authorized agent('Customer")delivered to Company within 30 days from the date
of the Proposal. If Customer accepts the Proposal by placing an order,without the addition of any other terms and conditions of sale or any other
modification,Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions If Customers order is
expressly conditioned upon Company's acceptance or assent to terms and/or conditions other than those expressed herein,return of such order by
Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customers terms and as
Company's counter-offer to provide Equipment in accordance with the Proposal and the Company's terns and conditions. If Customer does not reject
or object in writing to Company within 10 days,Company's counter-offer will be deemed accepted. Customer's acceptance of the Equipment will in
any event constitute an acceptance by Customer of Company's terms and conditions. This Agreement is subject to credit approval by Company.
Upon disapproval of credit. Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with
Customer If Company and Customer are unable to agree on such revisions,this Agreement shall be cancelled without any liability
2. Title and Risk of Loss. All Equipment sales with destinations to Canada or the U.S shall be made as follows: FOB Company's U S.
manufacturing facility or warehouse(full freight allowed).Title and risk of loss or damage to Equipment will pass to Customer upon tender of delivery
of such to carrier at Company's U S.manufacturing facility or warehouse
3. Pricing and Taxes. Following acceptance without addition of any other terms and condition of sale or any other modification by Customer,the
prices stated are firm provided that notification of release for immediate production and shipment is received at Company's factory not later than 3
months from order acceptance. It such release is received later than 3 months from order acceptance date,prices will be increased a straight 1%(not
compounded)for each 1 month period(or part thereof)beyond the 3 month firm price period up to the date of receipt of such release. If such release
is not received within 6 months after the date of order acceptance,the prices are subject to renegotiation or at Company's option,the order will be
cancelled. Any delay in shipment caused by Customer's actions will subject prices to increase equal to the percentage increase in list prices during
that period of delay and Company may charge Customer with incurred storage fees In no event will prices be decreased. The price of Equipment
does not include any present or future foreign,federal,state,or focal property,license,privilege,sales,use,excise,value added,gross receipts or
other like taxes or assessments.Such amounts will be itemized separately to Customer,who will make prompt payment to Company. Company will
accept valid exemption documentation for such from Customer,if applicable.All prices include packaging in accordance with Company's standard
procedures• Charges for special packaging,crating or packing are the responsibility of Customer.
4. Delivery and Delays. Delivery dates are approximate and not guaranteed.Company will use commercially reasonable efforts to deliver the
Equipment on or before the estimated delivery date will notify Customer if the estimated delivery dates cannot be honored, and will deliver the
Equipment and services as soon as practicable thereafter.In no event will Company be liable for any damages or expenses caused by delays in
delivery.
5. Performance. Company shall be obligated to famish only the Equipment described in the Proposal and in submittal data(if such data is issued in
connection with the order). Company may rely on the acceptance of the Proposal,and in submittal data as acceptance of the suitability of the
Equipment for the particular project or location.Unless specifically stated in the Proposal,compliance with any local building codes or other laws or
regulations relating to specifications or the location,use or operation of the Equipment is the sole responsibility of Customer. If Equipment is tendered
that does not fully comply with the provisions of this Agreement,and Equipment is rejected by Customer,Company will have the right to cure within a
reasonable time after notice thereof by substituting a conforming tender whether or not the time for performance has passed.
6.Force Mejeure. Company's duty to perform under this Agreement and the Equipment prices are contingent upon the non-occurrence of an Event
of Force Majeure. If the Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure,this
Agreement shall at Company's election(1)remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or
(if)be terminated upon 10 days notice to Customer,in which event Customer shall pay Company for all parts of the Work fumished to the date of
termination, An"Event of Force Majeure"shall mean any cause or event beyond the control of Company. Without limiting the foregoing,*Event of
Force Majeure"includes:acts of God;acts of terrorism,war or the public enemy;flood-,earthquake;tomado;storm;fire,civil disobedience;pandemic
Insurrections;riots;laborMabour disputes;labor/labour or material shortages;sabotage;restraint by court order or public authority(whether valid or
invalid);and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations,permits,licenses,certificates or
approvals if not caused by Company;and the requirements of any applicable government in any manner that diverts either the material or the finished
product to the direct or indirect benefit of the government.
7. Limited Warranty. Company warrants the Equipment manufactured by Company for a period of the lesser of 12 months from initial start-up or 10
months from date of shipment,whichever is less, against failure due to defects in material and manufacture and that it has the capacities and ratings
set forth in Company's catalogs and bulletins('Warranty'). Equipment manufactured by Company that includes required start-up and sold In
North America will not be warranted by Company unless Company performs the Equipment startup Exclusions from this Warranty include
damage or failure arising from:wear and tear;corrosion,erosion,deterioration;modifications made by others to the Equipment repairs or alterations
by a party other than Company that adversely affects the stability or reliability of the Equipment;vandalism;neglect;accident;adverse weather or
environmental conditions;abuse or improper use;improper installation;Commissioning by a party other than Company;unusual physical or electrical
or mechanical stress;operation with any accessory,equipment of part not specifically approved by Company;refrigerant not supplied by Company;
and/or lack of proper maintenance as recommended by Company.Company shall not be obligated to pay for the cost of lost refrigerant or lost product.
Company's obligations and liabilities under this Warranty are limited to furnishing replacement equipment or parts,at its option, FCA(IncDterms2000)
factory or warehouse(f.o.b.factory or warehouse for US domestic Purposes)at Company-designated shipping point,freight-allowed to Company's
warranty agent's stock location,for all non-conforming Company-manufactured Equipment(which have been returned by Customer to Company.
Returns must have prior written approval by Company and are subject to restocking charge where applicable.Equipment,material andlor parts that
are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer.
COMPANY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING PREVENTION OF MOLDIMOULD,
FUNGUS,BACTERIA,MICROBIAL GROWTH,OR ANY OTHER CONTAMINATES. No warranty liability whatsoever shall attach to Company until
Customers complete order has been paid for in full and Company's liability under this Warranty shall be limited to the purchase price of the Equipment
shown to be detective. Additional warranty protection is available on an extra-cost basis and must be in writing and agreed to by an authorized
signatory of the Company. EXCEPT FOR COMPANY'S WARRANTY EXPRESSLY SET FORTH HEREIN,COMPANY DOES NOT MAKE,AND
HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTIES, EXPRESS OR IMPLIED CONCERNING ITS PRODUCTS, EQUIPMENT OR
SERVICES,INCLUDING,WITHOUT LIMITATION,ANY WARRANTY OF DESIGN,MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR
PURPOSE,OR OTHERS THAT ARE ALLEGED TO ARISE FROM COURSE OF DEALING OR TRADE,
8. Indemnity. To the fullest extent permitted by law,Company and Customer shall indemnify,defend and hold harmless each other from any and all
claims,actions,costs,expenses,damages and liabilities,including reasonable attorneys'Tees,resulting from death or bodily injury or damage to real
or personal property,to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection
with their activities within the scope of this Agreement Neither party shall indemnify the other against claims,damages,expenses or liabilities to the
extent attributable to the acts or omissions of the other party.If the parties are both at fault,the obligation to indemnify shall be proportional to their
relative fault.The duty to indemnify will continue in full force and effect,notwithstanding the expiration or early termination hereof,with respect to any
claims based on facts or conditions that occurred prior to expiration or termination
PLb=furnished by Trane U.S.Inc dba Trane Equipment Proposal Page 2 of 4
Installed by Others
Stillwater Rec Center HVAC October 14,2016
9. Insurance. Upon request,Company will furnish evidence of its standard insurance coverage. If Customer has requested to be named as an
additional insured under Company's insurance policy,Company will do so but only subject to Company's manuscript additional insured endorsement
under its primary Commercial General Liability policies. In no event does Company waive any rights of subrogation
10, Customer Breach.Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right,without an
election of remedies,to terminate this Agreement,require payment prior to shipping,or suspend performance by delivery of written notice:(1)Any
failure by Customer to pay amounts when due;or(2)any general assignment by Customer for the benefit of its creditors,or if Customer becomes
bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors,or makes or proposes to make any proposal or arrangement
with creditors,or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets,or if a trustee,receiver,or
similar person is appointed over any of the assets or interests of Customer;(3)Any representation or warranty furnished by Customer in connection
with this Agreement is false or misleading in any material respect when made;or(4)Any failure by Customer to perform or comply with any material
provision of this Agreement Customer shall be liable to the Company for all Equipment furnished and all damages sustained by Company(including
lost profit and overhead).
11. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION
REFRIGERANT LOSS,BUSINESS INTERRUPTION,LOST DATA,LOST REVENUE,LOST PROFITS)EVEN IF A PARTY HAS BEEN ADVISED
OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF
ACTION IS FRAMED IN CONTRACT,NEGLIGENCE,ANY OTHER TORT,WARRANTY,STRICT LIABILITY,OR PRODUCT LIABILITY). In no
event will Company's liability in connection with the provision of products or services or otherwise under this Agreement exceed the
entire amount paid to Company by Customer under this Agreement.
12. Nuclear Liability.In the event that the Equipment sold hereunder is to be used in a nuclear facility,Customer will,prior to such use,arrange for
insurance or governmental indemnity protecting Company against all liability and hereby releases and agrees to indemnify Company and its suppliers
for any nuclear damage,including loss of use,in any manner arising out of a nuclear incident,whether alleged to be due,in whole or in part to the
negligence or otherwise of Company or its suppliers
13. Intellectual Property;Patent Indemnify. Company retains all ownership,license and other rights to all patents,trademarks,copyrights,trade
secrets and other intellectual property rights related to the Equipment,and,except for the right to use the Equipment sold,Customer obtains no rights
to use any such intellectual property.Company agrees to defend any suit or proceeding brought against Customer so far as such suit or proceeding is
solely based upon a claim that the use of the Equipment provided by Company constitutes infringement of any patent of the United States of America,
provided Company is promptly notified in writing and given authority,information and assistance for defense of same.Company will,at its option,
procure for Customer the right to continue to use said Equipment,or modify it so that it becomes non-infringing,or replace same with non-infringing
Equipment, or to remove said Equipment and to refund the purchase price. The foregoing will not be construed to include any Agreement by
Company to accept any liability whatsoever in respect to patents for inventions including more than the Equipment furnished hereunder,or in respect
of patents for methods and processes to be carried out with the aid of said Equipment.The provision of Equipment by Company does not convey any
license,by implication,estoppel,or otherwise,under patent claims covering combinations of said Equipment with other devices or elements.The
foregoing states the entire liability of Company with regard to patent infringement.Notwithstanding the provisions of this paragraph,Customer will hold
Company harmless against any expense or loss resulting from infringement of patents or trademarks arising from compliance with Customer's
designs or specifications or instructions
14. Cancellation. Equipment is specially manufactured in response to orders An order placed with and accepted by Company cannot be delayed,
canceled, suspended, or extended except with Company's written consent and upon written terms accepted by Company that will reimburse
Company for and indemnify Company against loss and provide Company with a reasonable profit for its materials,time, labor,services, use of
facilities and otherwise.Customer will be obligated to accept any Equipment shipped,tendered for delivery or delivered by Company pursuant to the
order prior to any agreed delay,cancellation,suspension or extension of the order. Any attempt by Customer to unilaterally revoke,delay or suspend
acceptance for any reason whatever after it has agreed to delivery of or accepted any shipment shall constitute a breach of this Agreement. For
purposes of this paragraph,acceptance occurs by any waiver of inspection,use or possession of Equipment,payment of the invoice,or any indication
of exclusive control exercised by Customer.
15. Invoicing and Payment. Equipment shall be invoiced to Customer upon tender of delivery thereof to the carrier.Customer shall pay Company's
invoices within net 30 days of shipment date. Company reserves the right to add to any account outstanding for more than 30 days a service charge
equal to the lesser of the maximum allowable legal interest rate or 1.5%of the principal amount due at the end of each month. Customer shall pay all
costs(including attorneys'fees)incurred by Company in attempting to collect amounts due and otherwise enforcing these terms and conditions. If
requested,Company will provide appropriate lien waivers upon receipt of payment Company may at any time decline to ship,make delivery or
perform work except upon receipt of cash payment,Letter of credit,or security,or upon other terms and conditions satisfactory to Company.Customer
agrees that,unless Customer makes payment in advance,Company will have a purchase money security interest in all Equipment to secure payment
in full of all amounts due Company and its order for the Equipment,together with these terms and conditions,form a security agreement(as defined
by the UCC in the United States and as defined in the Personal Property Security Act in Canada).Customer shall keep the Equipment free of all taxes
and encumbrances,shall not remove the Equipment from its original installation point and shall not assign or transfer any interest in the Equipment
until all payments due Company have been made.The purchase money security interest granted herein attaches upon Company's acceptance of
Customer's order and on receipt of the Equipment described in the accepted Proposal but prior to its installation. The parties have no agreement to
postpone the time for attachment unless specifically noted in writing on the accepted order Customer will have no rights of set off against any
amounts,which become payable to Company under this Agreement or otherwise.
16.Claims. Company will consider claims for concealed shortages in shipments or rejections due to failure to conform to an order only if such claims
or rejections are made in writing within 15 days of delivery and are accompanied by the packing list and,if applicable,the reasons in detail why the
Equipment does not conform to Customer's order. Upon receiving authorization and shipping instructions from authorized personnel Df Company,
Customer may return rejected Equipment,transportation charges prepaid,for replacement Company may charge Customer any costs resulting from
the testing,handling,and disposition of any Equipment returned by Customer which are not found by Company to be nonconforming All Equipment
damaged during shipment and all claims relating thereto must be made with the freight carrier in accordance with such carrier's policies and
procedures.Claims for Equipment damaged during shipment are not covered under the warranty provision stated herein
17.Export Laws, The obligation of Company to supply Equipment under this Agreement is subject to the ability of Company to supply such items
consistent with applicable laws and regulations of the United States and other governments. Company reserves the eight to refuse to enter into or
perform any order,and to cancel any order,under this Agreement if Company in its sole discretion determines that performance of the transaction to
which such order relates would violate any such applicable law or regulation Customer will pay all handling and other similar costs from Company's
factories including the costs of freight,insurance,export clearances,import duties and taxes.Customer will be'exporter of record'with respect to any
export from the United States of America and will perform all compliance and logistics functions in connection therewith and will also comply with all
applicable laws,rules and regulations.Customer understands that Company and/or the Equipment are subject to laws and regulations of the United
States of America which may require licensing or authorization for and/or prohibit export,re-export or diversion of Company's Equipment to certain
countries,and agrees it will not knowingly assist or participate in any such diversion or other violation of applicable United States of America laws and
regulations Customer agrees to hold harmless and indemnify Company for any damages resulting to Customer or Company from a breach of this
paragraph by Customer.
18. General. Except as provided below,to the maximum extent provided bylaw,this Agreement is made and shall be interpreted and enforced in
accordance with the laws of the state of New York for Equipment shipped to a U.S location and the laws of the province to which Equipment is
FLD=Furnished by Trans U S Inc dba,Trane Equipment Proposal Page 3 of 4
Installed by Others
Stillwater Rec Center HVAC October 14.2016
shipped within Canada,without regard to its conflict of law principles that might otherwise call for the application of a different state's or province's low,
and not including the United Nations Convention on Contracts for the International Sale of Goods Any action or suit arising out of or related to this
Agreement must be commenced within one year after the cause of action has accrued.To the extent the Equipment is being used at a site owned
and/or operated by any agency of the Federal Government,determination of any substantive issue of law shall be according to the Federal common
low of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government This
Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings,
commitments or agreements,oral or written, related to the subject matter hereof. This Agreement may not be amended,modified or terminated
except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent Company is a signatory
thereon.If any term or condition of this Agreement is invalid,illegal or incapable of being enforced by any rule of law,all other terms and conditions of
this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is
not affected in a manner adverse to any party hereto.Customer may not assign,transfer,or convey this Agreement,or any part hereof,or its right,title
or interest herein,without the written consent of the Company. Subject to the foregoing,this Agreement shall be binding upon and inure to the benefit
of Customer's permitted successors and assigns.This Agreement may be executed in several counterparts,each of which when executed shall be
deemed to be an original,but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several
counterparts shall suffice as an original.
19.Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246,
as amended,and the applicable regulations contained in 41 C F.R.Parts 60-1 through 60-60,29 U.S.C.Section 793 and the applicable regulations
contained in 41 C F.R.Part 60-741;and 38 U.S.C.Section 4212 and the applicable regulations contained in 41 C.F.R.Part 60-250 Executive Order
13496 and Section 29 CFR 471,appendix A to subpart A,regarding the notice of employee rights in the United States and with Canadian Charier of
Rights and Freedoms Schedule 8 to the Canada Act 1982(U.K.)1982,c.11 and applicable Provincial Human Rights Codes and employment law in
Canada.
20. U.S.Government Work.
The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that Equipment ordered and
delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation(FAR).In particular,Company
agrees to be bound only by those Federal contracting clauses that apply to'commercial'suppliers and that are contained in FAR 52.212-5(e)(1).
The following provision applies only to Indirect sales by Company to the US Government. As a Commercial Item Subcontractor,Company
accepts only the following mandatory flow down provisions: 52,219-6;52.222-26;52.222-35; 52.222-36; 52.222-39;52,247-64. If the sale of the
Equipment is in connection with a U.S,Government contract,Customer certifies that it has provided and will provide current,accurate,and complete
information,representations and certifications to all government officials,including but not limited to the contracting officer and officials of the Small
Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and
performance. Anything herein notwithstanding,Company will have no obligations to Customer unless and until Customer provides Company with a
true,correct and complete executed copy of the prime contract Upon request,Customer will provide copies to Company of all requested written
communications with any government official related to the prime contract prior to or concurrent with the execution thereof,including but not limited to
any communications related to Customer's ownership,eligibility or performance of the prime contract Customer will obtain written authorization and
approval from Company prior to providing any government official any information about Company's performance of the work that is the subject of the
Proposal or this Agreement,other than the Proposal or this Agreement.,
21,I-ImIted Waiver of Sovereign Immunity. If Customer is an Indian tribe(in the U.S.)or a First Nation or Band Council(in Canada),Customer,
whether acting in its capacity as a government,governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents,
successors,and assigns:(1)hereby provides this limited waiver of its sovereign immunity as to any damages,claims,lawsuit,or cause of action
(herein'Action')brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service
under this Agreement,whether such Action is based in contract,tort,strict liability,civil liability or any other legal theory;(2)agrees that jurisdiction and
venue for any such Action shall be proper and valid(a)if Customer is in the U.S.,in any state or United States court located in the state in Mitch
Company is performing this Agreement or(b)if Customer is in Canada, in the superior court of the province or territory in which the work was
performed;(3)expressly consents to such Action,and waives any objection to jurisdiction or venue;(4)waives any requirement of exhaustion of tribal
court or administrative remedies for any Action arising out of or related to this Agreement;and(5)expressly acknowledges and agrees that Company
is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum,that Customer will not bring any action against Company in tribal
court,and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other
obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to
provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer,enforceable
in accordance with its terms.
1-26.130-4(0614)
Supersedes 1-26 130-4(0214)
FLD&Furnished by Trane U.S.Inc.dba Trane Equipment Proposal Page 4 of 4
Installed by Others
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Date: January 23, 2018
TO: Mayor and City Council
FROM: Doug Brady, Facility Manager
SUBJECT: St. Croix Valley Recreation Center 2018 Capital Request
BACKGROUND:
The St. Croix Valley Recreation Center is requesting approval for purchase of a dasher board
system for the Recreation Center. Funding, in the amount of$150,000, for a Dasher board
system for the Rec Center was included in the City's adopted 2017 and2018 capital outlay
budget. Rec Center has obtained a quote for a dasher board system for the Rec Center (see
attached) from Becker Arena Products for$132,027.22. We are purchasing the dasher board
system through the National Joint Powers Alliance (NJPA) it is a municipal contracting
government agency that serves education and government agencies nationally through
competitively bid and awarded contracts purchasing solutions. Installation costs for the
dasher board system will bring the total project cost up to the budgeted $150,000.
RECOMMENDATION:
Staff recommends acceptance of the quote from Becker Arena Products in the amount of
$150,000 for a dasher board system for the St. Croix Valley Recreation Center as being the
lowest responsible Bid and in the best interests of the City.
ACTION REQUIRED:
If the Council concurs with the staff recommendation, Council should approve acceptance
of the Bid from Becker Arena Products for$132,027.22 for a dasher board system for the
St. Croix Valley Recreation Center.
STAFF REQUEST ITEM
Department: St. Croix Valley Recreation Center Date: 1/23/2018
DESCRIPTION OF REQUEST
Request to purchase Dasher Board System for the St. Croix Valley Recreation
Center South Rink
FINANCIAL IMPACT
The cost of the Dasher System is $150,000. Funding would be capital outlay
from 2017 and 2018. The Dasher Boards are being purchased through the
National Joint Powers Alliance which meets the competitive bid
requirement
ADDITIONAL INFORMATION ATTACHED Yes _X No
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE
COUNCIL MATERIAL PACKET.
Submitted by: Doug Brady Date: 1/19/2018
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Quotation ® 10002877
Revision ® 2
Date: November 2, 2017
Proposal x it i e® January 28, 2018
Your Sales Consultant: Brad Peterson
Prepared ® Project Location:
St. Croix Valley Recreation Center St. Croix Valley Recreation Center
1675 Market Drive 1675 Market Drive
Stillwater, MN 55082 Stillwater, MN 55082
Thank you for considering Becker Arena Products, Inc., we appreciate the opportunity...
Benefits of Choosing to Partner with Becker Arena Products
• A stable and reliable company since 1988
• A staff with in-depth knowledge of the industry and products
• Quality products that last
• Experienced and professional installers
• Excellent customer service
• Worry Free Projects - Guaranteed
This system is available through the NJPA Cooperative Purchasing Program at discounted
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The National Joint Powers Alliance (NJPA) is a municipal contracting government agency that serves
education and government agencies nationally through competitively bid and awarded contract
purchasing solutions. Over 47,000 Member agencies enjoy the value and commitment of the world-class
NJPA awarded Vendors. Take advantage of the cooperative purchasing discounts shown here in this
quotation mentioning our contract#030117-BAP when ordering. You must be a member and
contracting authority. Ask your sales person for a copy of the NJPA Contract Purchasing information
booklet or go to wwwenii�acoo�vorg for more information.
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Per your recent inquiry, below please find the pricing for the dasher board system for the St. Croix
Valley Recreation Center.
BAP6.0 SIGNATURE SERIES HOCKEY DASHER BOARD SYSTEM
Becker Arena Products, Inc. shall furnish and install one custom built BAP6.0 Signature Series dasher
board system along with related options and accessories. The pricing is based on the information
furnished and will include the following items and features.
DASHER FRAMING & POLYETHYLENE FACING, CAP RAIL & KICK PLATE
Rink Size: 200' x 85' x 28' radius —555 lineal feet of 42" high BAP6.0 Signature Series
galvanized steel framed dasher boards (Ring with box divider panels only— Re-use existing
back walls and shielding on boxes)
1/2" white high-density polyethylene dasher facing
1/2" x 8" high yellow high-density polyethylene kick plate
3/4" black high-density polyethylene cap rail
All panels pre-assembled
All panel steel framing hot dip galvanized after fabrication
Re-use existing 5/8" drilled in epoxy anchors
GATES
One 10'-0" radius double leaf equipment gate complete with heavy duty adjustable hinges, slide
bar, cane bolts and heavy-duty casters
Four 2'-6" player box gates with heavy duty hinges and lift latches
Two 2'-6" penalty box gates with heavy duty hinges and ice side push button latches
Five 2'-6" gates in box divider panels with heavy duty hinges and ice side push button latches
Four 3'-0" straight access gates with heavy duty hinges and ice side push button latches
One U-0" straight double leaf access gate with heavy duty hinges and ice side push button latch
1" thick high—density polyethylene thresholds on player, penalty and access gates
PLAYER, PENALTY & TIMEKEEPER BOXES
Player boxes —Two each 5-6" deep x 30' long with no end dividers
Penalty boxes —Two each 5-6" deep x 8' long with side divider panels (No end divider on one
penalty box)
Timekeeper box—One each 5-6" deep x 8' long with full length divider panels
462 square feet of elevated wood frame flooring in the player, penalty and scorer boxes
complete with protective matting.
52 lineal feet of 7" high x 18" wide wood frame elevated coach's walkway in the player's boxes
One each 1" thick x 18" wide x 96" long solid natural polyethylene timekeeper table
84 lineal feet of 3/8" thick white high-density polyethylene backer sheet in the player, penalty
and timekeeper boxes complete with built-in shelving in the player boxes
63 lineal feet of 1" thick x 9-1/2" wide red high-density polyethylene plastic benches with steel
frames and supports in the player and penalty boxes (24' in each player box & 7'-6" in each
penalty box)
84 lineal feet of 3/8" thick black polyethylene sheeting on the concrete block walls behind box
areas.
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TEMPERED GLASS SHIELDING
242 lineal feet of 15mm (5/8") x 6'-0" high tempered glass shielding for the ends and radius
corners of the rink complete with two-piece round powder coated red aluminum shield
supports with quick release faceplates
253 lineal feet of 12mm (1/2") x 6'-0" high tempered glass shielding for the sides of the rink
complete with two-piece round powder coated red aluminum shield supports with quick release
faceplates
Re-use existing tempered glass shields and supports on the back walls of the player, penalty
and timekeeper boxes
No tempered glass shielding in front of player boxes
Shield termination padding
ATTIC STOCK TEMPERED GLASS & ACRYLIC SHIELDS
170 square feet (28.33 lineal feet) of 12mm (1/2") x 72" high spare tempered glass shields
200 square feet (33.33 lineal feet) of 15mm (5/8") x 72" high spare tempered glass shields
370 square feet (61.66 lineal feet) of 1/2" nominal (.472") x 72" high spare acrylic shields
PERMANENT BACKER PANELS
163 lineal feet of 3/8" thick full height black high-density polyethylene backer panels for the two
ends, two radius corners and three access gate panels complete with "H" mullion closure strip
271 lineal feet of 3/8" thick partial height black high-density polyethylene backer panels for two
radius corners and the remaining elevated areas on the sides of the rink complete with "H"
mullion closure strip
271 lineal feet red high-density polyethylene closure angle for the elevated partial height backer
area
DASHER PANEL AT END OF RINK
One 8' long x 2' high custom dasher panel directly behind the gate on the end of the rink (used
to protect the windows and skaters outside of rink), includes 15mm (5/8") thick x 7'-6" tempered
glass, 3/8" thick clear polycarbonate facing, 3/4" thick black cap rail (No kick plate or backer)
and white polyethylene on the ends of the frame to cover the galvanized steel end channels and
anchors. (2' panel with 7'-6" tempered glass will match dasher system total height of 9'-6")
CONDUIT FRAMING AND HARDWARE FOR NETTING
All new conduit frame and all hardware required to re-install the existing protective netting on
the ends and radius corners of the rink. Includes a conduit frame, cable and all hardware as
required.
COMPLETE INSTALLATION
Becker Arena Products, Inc. will furnish a crew for the complete installation of the dasher
system. Price includes installation labor(Non-union labor/ Non-prevailing wage rate) and a
forklift
TRADE-IN & REMOVAL OF EXISTING DASHER SYSTEM
Becker Arena Products, Inc. will furnish a crew for the complete removal of the existing dasher
system. Price includes all removal labor(Non-union/non-prevailing wage rate labor) and
equipment for the removal along with freight to remove system from your location. Dasher
boards become the property of Becker Arena Products
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TOTAL PRICE DELIVERED & INSTALLED WITHOUT TRADE-IN $160,028.65
NJPA— NATIONAL JOINT POWERS ALLIANCE PURCHASING PROGRAM DISCOUNT
tVIII 1110111 IIIA VIII 1111110 III'OCIII ""' N IIIIIIO ° ... OIII CIII ° CIAO III" I #030117t
NJPA BASE PRICE DISCOUNT [$ 7,999.431
tIIIIII III "Ilh°°°III III00111'' VIII ° CIIIIO ""' $ 152,027.22
TRADE-IN VALUE [$ 20,000.001
TOTAL WITH TRADE-IN $ 132,027.22
Please Note: Taxes are the responsibility of the purchaser. Prices do not include special insurance
requirements, bonding, or applicable permits and/or license fees. Prices subject to site visit and/or
receipt of final construction drawings and specifications. If sales tax is applicable it will be added to
the proposal totals and noted on a Contract Summary Sheet that will be sent back with your executed
contract.
All payment terms are based on credit approval.
Our Standard Payment terms are:
45% down due January 31, 2018 ($ 59,412.25)
45% due 10 days prior to delivery ($ 59,412.25)
10% due upon delivery and installation ($ 13,202.72)
We are looking forward to the opportunity of working with you on your project and if we can be of further
assistance please do not hesitate to call.
This proposal is subject to Becker Arena Products, Inc. Standard Terms and Conditions and Limited
Warranty and may be withdrawn without penalty at any time before contract execution. If accepted,
please sign and return this copy to Becker Arena Products. When approved and signed by one of our
officers a fully executed copy will be forwarded for your records. This proposal is subject to change,
withdrawal or cancellation until accepted by you. If Becker Arena Products, Inc. have not received your
acceptance within 60 days from the date hereof, this proposal shall automatically expire. Becker Arena
Products, Inc. retains a security interest in all products covered in this agreement until all payment
terms have been met. In addition, the purchaser agrees to sign any additional documents for Becker
Arena Products, Inc. to perfect its security interest in the products.
Proposal/Contract# 10002877 is accepted with initialed options:
Purchaser Signature Becker Arena Products, Inc.
Title Title
Print Name Print Name
Today's Date Today's Date
030117-BAP
NJPA Member Number NJPA Contract Number
Desired Installation Date:
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Becker Arena Products, Inc.
STANDARD TERMS AND CONDITIONS
1. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State
of Minnesota, as applied to contracts executed in and performed wholly within the State of Minnesota.
2. Delays. Becker Arena Products, Inc. (Seller) will not be liable for any delay in the performance of orders or
contracts, or in the delivery or shipment of the goods, or for any damages suffered by the Purchaser by reason of
such delay, including liquidated or actual damages.
3.Arbitration.Any and all controversies or claims arising out of or relating to this contract or the performance or
breach thereof shall be settled by arbitration in Minneapolis, Minnesota in accordance with the then existing rules
and procedure of the American Arbitration Association.
4. Mechanic's Lien or Bond Rights. Nothing herein shall be deemed to waive or affect Seller's right to assert a
mechanic's lien against the property on which the goods are installed or to make a claim against any bond.
Purchaser agrees to provide any and all information requested by Seller, within three (3) calendar days, to allow
Seller to preserve or effectuate its mechanic's lien or bond rights.
5. Change Orders. A change order will be required for any additional work to be performed or materials to be
supplied by the Seller,which is not included in the contract or is a result of the Purchaser's failure to comply with
the terms and conditions as described herein. A change order must be filled out by the Seller and signed by the
Purchaser before any work commences or material is ordered and/or shipped.
6. Production Schedule, Installation Schedule, and Storage. When Seller has received and accepted the contract
along with signed approval drawings and credit approval, they will have up to 16 weeks to produce and deliver
the materials provided that there are no custom materials needed. Custom materials will include non-standard
colors and/or materials. The Purchaser will be contacted after the receipt of the required information to
coordinate a shipping date and an installation date(s). These dates will serve as the contract delivery date and
will be used to schedule production, delivery, and installation. The Owner/Purchaser will be contacted 21 days
prior to shipping to confirm that the site will be ready. If the Purchaser's site is not ready or will not be ready on
this date,the following may occur:
Dasher Board Systems
A. Seller may choose whether or not to produce the rink according to its production schedule. If they produce
the rink on schedule, it will be stored at Becker Arena Product's location of business and storage fees will
be charged to the Purchaser at the rate of US $300 per week. All payments will be due according to the
terms from the original ship date. If the Seller chooses to delay production to coincide with the new ship
date, no storage fees will apply and payment will be due according to the terms from the original ship
date. If contract terms are paid in full prior to shipping, the time will start from the original ship date and
not the adjusted ship date.
B.
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C. A new shipping installation date will be coordinated with Seller's installation department and confirmed
with the Purchaser.The Seller will reschedule the installation for the next available date according to the
Seller's installation schedule. In some cases, the site delay may cause additional charges. This includes,
but is not limited to, wages, remobilization, and equipment rental,to be paid by the Purchaser.
D. If the Purchaser's site is not ready when the Seller's installation crew arrives, additional costs will be
charged to the Purchaser. This includes, but is not limited to wages, travel, lodging, meals, equipment
rental and changes in Becker Arena Product's installation schedule.
7. General Site Requirements.The following criteria must be met or extra charges may apply, and delays will be
incurred, if the site is not in compliance when Seller is ready to deliver and install the goods:
A. Concrete and Floor Work: All concrete work is to be completed and allowed to cure, according to job
specifications and/or refrigeration contractors requirements, before the date installation is scheduled to
begin.
B. The levelness of the perimeter concrete,where the rink is to be installed, must be within 1/8"of levelness
for every 10' in length and no more than 1/4" difference in height over the length and width of the
perimeter surface.
C. For sand floors, the first 6" from the front of the curb, where the rink is to be installed, must be within
1/16" of flatness from the inside edge outward and meet the levelness and flatness conditions specified
above, Sand floors are not to be final graded prior to dasher board installation.
D. Expansion joints, which are to be covered completely by the rink, are to be within 1/2" of straightness
from end to end and side to side.The distance from side to side and end to end of the outside edge of the
expansion joint is to be within 1/2" of the required dimension for the frame to cover it.
E. If, upon arrival, the perimeter concrete is inspected and does not meet the specifications for levelness,
flatness, straightness and size, the following will occur:
1. Seller's Representative will determine if rink can be shimmed or adjusted/cut to achieve desired
levelness, fit and/or expansion joint coverage while maintaining the structural integrity of the
rink. If so, the additional time and materials to do this will be paid by the Purchaser. A change
order must be filled out by the Seller's Representative and signed by the Purchaser before any
work commences.
2. If the rink cannot be shimmed or adjusted to the desired levelness and/or coverage while
maintaining the structural integrity of the rink, the Purchaser will be responsible for fixing the
surface to meet specifications. All associated costs for this are the sole responsibility of the
Purchaser.
3. The Seller will accept contracts that are retrofit projects with the understanding that the condition
of the underlying perimeter concrete work meets the specifications stated above. If,after removal
of the existing rink, the concrete does not meet these conditions, points "1" and "2"from above
will apply.
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8. Requirements for Rink Installations:
(Refer to the enclosed Site Requirements)
9. Walk Through Inspection. When Seller's work is complete or near complete, Purchaser or the Purchaser's
Representative(including general contractors and architects) must be available for a final walk through inspection
with the Seller's Representative. Any parties who do not attend the walk through will forfeit their right to submit
punch list items. A final punch list of items to be completed or repaired will be prepared as a result of this walk
through. Any item not included on the final "punch list" will not be the responsibility of the Seller unless it is
covered by the Seller's Warranty.
10. Shop Drawings and Non-standard Shielding. Preparation of shop drawings will not commence until after the
signed contract has been delivered to Seller. Production will not commence until Seller receives approved shop
drawings. Field measured, tempered glass (non-standard sizes) may require an additional 3-4 weeks for delivery
after completion of installation. Any field measured tempered glass to be installed by purchaser.
11. Polyethylene. All polyethylene used to manufacture the rink shall be virgin material. All colors shall match
within manufacturer's tolerance. Seller will not be responsible for replacing polyethylene that conforms to
manufacturers color tolerance. During manufacturing, all panels shall have the polyethylene overhang past the
frame a minimum of 1/16" on each end to allow for contraction of the material due to temperature change in the
field. Seller shall not be responsible for material contraction gaps between panels due to temperature change if it
adheres to these manufacturing requirements.
12. Material Check-in. (Installation supervision and supply only contracts) The Purchaser shall be responsible to
verify the shipment for quantities and any damage caused from shipping for jobs that include installation
supervision or are supply only. Any quantity variances and/or damage must be noted and reported to the Project
Manager by filling out the Material Check-in Form and faxing it to the Project Manager. Missing/damaged items
must be reported within 24 hours of receipt to receive credit. All boxes will be clearly marked by the Seller. The
Ship list will clearly identify the contents and quantities of the shipment. It is the responsibility of the Purchaser
to verify that all box numbers in the hardware crate are accounted for, not to open and count each individual item
in a box.The Purchaser must count anything that is not boxed.
7
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3 YEAR LIMITED WARRANTY
1. What Is Covered by This Limited Warranty- Becker Arena Products, Inc. ("BAP")warrants to the
original purchaser("Purchaser") that the BAP system (the "System") that is subject of this sale (a)
conforms to BAP's published specifications and (b) is free from defects in material or workmanship. This
warranty is not transferable by Purchaser, including any transfer by operation by law. The duration of this
warranty is one year from the date of delivery to the original Purchaser. In the event of any claim of
defect during the warranty period, Purchaser shall promptly notify Seller in writing of the claimed defect.
Within a reasonable time after such notification Purchaser shall provide Seller full access to the products
to inspect, repair, and/or replace the products in question. Seller's sole obligation shall be to correct any
actual defect by repair, replacement, or adjustment as determined in Seller's sole discretion. In no event
shall notification be effective if received by BAP later than 37 months from date of delivery of the System.
These remedies are Purchaser's exclusive remedies for breach of warranty. BAP is under no obligation
to honor this limited warranty during any time in which Purchaser is in default in its obligations to BAP.
2. What Is Not Covered By This Warranty— BAP does not warrant (a) any product, component or parts
not manufactured by BAP, (b)defects caused by failure to provide a suitable installation environment for
the System, (c) defects caused by failure to follow BAP's System maintenance schedule, (d) damage
caused by use of the System for purposes other than those for which it was designed, (e)damage
caused by a disaster such as fire, flood, wind or lightening, (f)damaged caused by unauthorized
attachments or modifications to the System, (g)damage during shipment, or(h)any other abuse or
misuse by Purchaser or the System.
3. Disclaimer of Warranty—THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES
FOUND UNDER ARTICLE 35(2)(a)AND (b)OF THE UNITED NATIONS CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS 1980.
4. Limitations of Remedies— In no case shall BAP be liable for any special, incidental or consequential
damages based upon breach of warranty, breach of contract, negligence, strict tort or any other legal
theory. Such damages include, but are not limited to, loss of profits, loss of savings revenue, loss of use
of System or any associated equipment, cost of capital, cost of any substitute equipment, facilities or
service, downtime, the claims of third parties (including customers)and injury to property. This limitation
does not apply to claims for personal injury. Some states do not allow limits on warranties or on remedies
for breach in certain transactions. In such states, the limits in this Section 4 and in Section 3 above my
not apply.
5. Time Limit for Bringing Suit—Any action for a breach of warranty must be commenced within 37
months following delivery of the System.
6. No Other Warranties —Unless modified in a writing signed by both parties, this agreement is understood
to be the complete and exclusive agreement between the parties, superseding all prior agreements, oral
or written, and all other communications between the parties relating to the subject matter of this
agreement. No employee of BAP or any other party is authorized to make any warranty in addition to
those made in this agreement.
7. Allocation of Risk—This warranty allocates the risk of product failure between BAP and Purchaser.
This allocation is recognized by both parties and is reflected in the price of the System. Purchaser
acknowledges it has read this warranty, understands it and is bound by its terms.
8
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CITY COUNCIL REPORT
MEMO DATE: January 25, 2018 CASE NO.: 2017-67
HEARING DATES: Planning Commission January 10, 2018
Park Commission February 26, 2018
Joint Planning Board February 12, 2018
City Council January 30 and February 201, 2018
LANDOWNER: Ken Heifort
DEVELOPER: Todd Ganz, Integrity Land Development
REQUEST: 1) Rezoning from AP, Agricultural Preserve to RB, Two-Family Residential
2) Final Planned Unit Development approval for Phase Two
3) Preliminary Plat approval of HEIFORT HILLS ESTATE,
a 24 lot detached townhome development
LOCATION: 8911 Neal Avenue
COMP PLAN: Low/Medium Density Residential
CURRENT ZONING: 1) Base Zoning: AP, Agricultural Preservation
2) Overlay Zoning: Natural Environment Lake, Shoreland Management
District for South Twin Lake
REVIEWERS: Community Development Director, Public Works Director,
Deputy Fire Chief, City Planner, DNR Regional Hydrologist,
Brown's Creek Watershed District,
Carnelian Marine St Croix Watershed District,
Minnesota Department of Transportation
REPORT BY: Bill Turnblad, Community Development Director
BACKGROUND
Todd Ganz, Integrity Land Development, is proposing to develop Phase Two of the 26.1 acre
Heifort Hills Planned Unit Development(PUD). The 24 home sites located in the 15.2 acre first
phase were platted as the Ponds at Heifort Hills. This, the second phase, also has 24 home sites,
which are spread across 10.9 acres of land that will be platted as Heifort Hills Estate.
' January 20th will be the public hearing for the Final PUD,Preliminary Plat and Pt reading of the rezoning. February
20 will be the 2"d reading and adoption of the rezoning ordinance.
Heifort Hills Estate
January 25,2018
Page 2
All of this phase lies within the Natural Environment Shoreland District of South Twin
Lake. Consequently, development must either be on one acre lots or must occur as a
Shoreland Planned Unit Development (PUD). A shoreland PUD allows increased density
if: 1) at least 50% of the site remains in commonly owned permanent open space; 2)
densities are shifted away from the protected lake; 3) emphasis is placed on protecting the
natural resources of the site, such as trees and water basins; and 4) no more than 25% of
the site is improved with impervious surfaces.
The developer in this instance has chosen to develop according to the Shoreland PUD
standards.
SPECIFIC REQUEST
The developer is requesting:
1) Rezoning of the second phase's 10.92 acres from AP, Agricultural Preservation to
RB, Two-Family Residential; and
2) Final Shoreland PUD approval for the second phase of Heifort Hills PUD; and
3) Preliminary plat approval for Heifort Hills Estate.
EVALUATION OF REQUEST
I. REZONING
The property is currently zoned AP, Agricultural Preservation. The developer has
requested a rezoning to RB, Two-Family Residential. This is the same zoning that was
approved for Phase One.
Comprehensive Plan The future land use map of the Stillwater Comprehensive Plan
shows that the site is guided for Low/Medium Density Residential (LMDR). The LMDR
classification is intended for developments at a density of 4.4 to 9.7 units per acre. The
Zoning Districts that are consistent with this density range are CCR, RB and CR.
Therefore, the requested rezoning to RB, Two-Family Residential is consistent with the
future land use map of the Comprehensive Plan.
A note should be made here that even though the RB Zoning is consistent with the Comp
Plan, the actual development density is much lower than normally found in the RB
District. The actual density for Phase Two is about 2.78 homes per acrez. This is
significantly less dense than would be customary in the RB District, but higher density is
not possible given the stricter standards of the Shoreland Management District that apply
to the project.
z 8.645 acres of net developable land. This is the remainder after subtracting Neal Avenue right-of-way,wetlands,
Heifort Pond,wetland buffer,and pond buffer from the gross area of the property.
Heifort Hills Estate
January 25,2018
Page 3
II. FINAL PLANNED UNIT DEVELOPMENT
As already noted, this development is the second of a two phase Planned Unit
Development. The Concept PUD for both phases was approved by the City Council on
May 17, 2016 by adopting Resolution 2016-108A. The Final PUD for this phase is to be
reviewed against the conditions of approval found in the resolution.
1. Resolution 2016-108A conditions
A. The final PUD must be substantially similar to the approved northerly concept
plan, dated 2/19/16. (See attachment)
• The number of houses is 24 as in the concept.
• All houses meet or exceed the 225 foot setback required from the
Ordinary High Water Level of South Twin Lake.
• The public street (Neal Court) does not exceed a length of 600 feet.
• The home types are detached townhomes as in the Concept PUD.
• Therefore, staff finds the Final PUD for Phase Two to be substantially
similar to the approved Concept PUD.
B. Since there were insufficient stormwater details provided for Phase Two, an
open space analysis could not be calculated at the time of Concept PUD
approval. So, the 50% open space calculation must be made at the time the
Phase 2 materials are submitted.
The Phase 2 application materials show 50.33% of the project in commonly
owned open space that meets Shoreland PUD standards. The table below shows
the calculations and the map on the next page shows where the open space is.
Total project area 475,884 sf
Heifort Pond below 884' 39,162 sf
Neal Ave platted r-o-w 2,021 sf
New public road r-o-w 37,818 sf
House lots 137,544 sf
Driveways(between lots and r-o-w) 19,812 sf
Total deletions 236,357 sf
Total open sace 239,527 sf
Percentage of open sace 50.33%
Heifort Hills Estate
January 25,2018
Page 4
PUD Open Space
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C. The 25% impervious surface3 calculation will need to be met in Phase Two. As
with stormwater details, the building footprints and other impervious could not
be calculated at the time of the Concept PUD approval.
3 Impervious surface-A constructed hard surface that prevents or retards entry of water into the soil and causes water to
run off the surface in greater quantities and at an increased rate of flow than prior to development,including rooftops;
decks; sidewalks;patios; swimming pools;parking lots;concrete,asphalt,or gravel driveways;and other similar
surfaces.
Heifort Hills Estate
January 25,2018
Page 5
• The project site (475,884 sf) minus the extra required right-of-way for
Neal Avenue (2,021 sf) yields a base area of 473,863 square feet.
• The total impervious surface on the site will be 104,958 square feet4.
• So, impervious surface coverage is 22.06%, which is less than the 25%
allowed.
D. The final PUD plan for Phase Two may have to be revised to include access to
the neighboring property to the east. The decision to include the access or not
will be based upon a public discussion including the two impacted properties,
the developer and the City.
• Discussion of this condition will be presented below in the section on
future development.
2. Minimum Dimensional Standards
Site size
A standard PUD has to be on a project of at least 3 acres in size. The total
project has 26.1 gross acres. This phase has 10.92 acres.
Densily
Two separate density expectations are at play with this project. The first is
that the Comprehensive Plan encourages 4.4 to 9.7 units per acre across the
property. But, working against this density expectation is the fact that the
land lies within the South Twin Lake Shoreland District, which incorporates
regulations that reduce its density considerably.
Specifically, the State's shoreland PUD rules calculate density by dividing
the square footage of suitable area in a tier (minus all wetlands, bluffs, and
area below the OHW of Heifort Pond) by the minimum lot size of that
district (which is 40,000 square feet for South Twin Lake). As long as 50% of
the site is preserved in permanently dedicated open space, density increase
bonuses are allowed for each tier. The further a tier is from the lake, the
greater the density bonus.
Shoreland PUD density allowed in Phase One:
a. First Tier: There is about 19,400 sf of such land in the first tier. That
would yield 0.49 lots and a bonus density of 50% (an additional 0.25
lots), for a total of 0.74 lots.
b. Second Tier: There is about 190,500 sf of land here which would yield
4.76 lots plus the second tier's 100% bonus (an additional 4.76 lots), for
a total of 9.52 lots.
a New roadway is 21,815 sf;the driveways total 26,983 sf;the footprint of the houses cover 56,160 sf.
Heifort Hills Estate
January 25,2018
Page 6
c. Third Tier: There is about 177,200 sf of land in this tier which would
yield 4.43 lots plus a 200% bonus (an additional 8.86 homes), for a
total of 13.29 lots.
d. Fourth Tier: 37,800 sf would yield 0.95 lots plus a 200% bonus (an
additional 1.9 lots), for a total of 2.85 lots.
e. Therefore, the total number of homes allowed would be 26.4. 24 are
proposed in this phase. The two extra units are transferred to the next
phase.
Shoreland PUD density allowed in Phase Two:
a. First Tier: There is 117,9825 sf of suitable land in the first tier. (A map
of the land considered suitable in each tier is found on the next page.)
That would yield 2.95 lots and a bonus density of 50% (an additional
1.48 lots) for a total of 4.43 lots.
b. Second Tier: There is 230,2006 sf of suitable land in the second tier.
That would yield 5.76 lots plus the second tier's 100% bonus (an
additional 5.76 lots), for 11.52 lots.
c. Third Tier: There is 72,0167 sf of suitable land in the third tier. That
would yield 1.80 lots plus the 200% bonus (an additional 3.60 homes),
for 5.40 lots.
d. Therefore, the total of homes allowed would be 21.35, rounded up to
22. With the two units transferred from the first phase, 24 would be
permissible in this phase. 24 are proposed.
Setbacks
With a PUD there are generally no setback standards, except from the
perimeter of the project. When the proposed type of use in the PUD is more
intense than the neighboring property, such as a senior living center next to
surrounding single family homes, then the perimeter setback must be at least
double the height of the structure(s) in the PUD. In this case where both the
existing neighborhood use and the proposed PUD use are detached single-
family homes, the setbacks of the underlying zoning district (RB) and
shoreland overlay district would apply to the property perimeters.
Therefore, the setback lines will be: 225' from South Twin Lake (but not less
than 25' from Neal Avenue); 25' from the isolated wetland; 25' from southern
property line; 75' from the wetland abutting Heifort Pond; 25' from eastern
property line; and 25' from northern property lines.
In addition, the detached townhomes must maintain a 5' setback from their
individual lot lines.
5 126,689 sf total minus Neal Ave r-o-w(2,020 sf)and delineated wetland(6,687 sf).
6 255,614 sf total minus delineated wetland(5,550 sf)and Heifort Pond(19,864 sf).
93,668 sf total minus delineated wetland(2,354 sf)and Heifort Pond(19,298 sf).
Heifort Hills Estate
January 25,2018
Page 7
Since this is a PUD, the home setbacks from the Neal Court (the new internal
public street) are not mandated. None-the-less, they all have at least a 25'
setback from the road right-of-way and 35' from the back of curb.
All of the minimum required setbacks are satisfied.
Suitable Land in Each Tier
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3. Future Development
The City's Subdivision Code requires the developer to consider how
surrounding properties can develop to avoid land locking them from either
road or utility access.
Heifort Hills Estate
January 25,2018
Page 8
There are two "under-developed" properties that abut this phase of the PUD.
One property lies to the north and has just about one acre of land. Since this
property lies within the South Twin Lake shoreland district, and the
minimum lot size is one acre, the property could not support another
building site. Furthermore, since a PUD would not be possible here, given
the 3 acre minimum PUD size, no further development is possible on this
property. Though, the property owner would like to at least have sewer and
water service stubs made available so that the parcel can be upgraded from
its private well and individual septic treatment system.
The other property lies to the northeast and has about 3.8 acres of land.
Sanitary sewer and water will need to be extended to this property line to
accommodate future development there. An easement will be necessary for
these utilities.
Road access for this neighboring property is a concern. It is not possible to
provide access through Heifort Hills Estate. MnDOT will not allow a new
street connection to Hwy 96 for the neighbor's property, which means access
through Heifort Hills Estate would have to be a cul-de-sac and not a through
street with access points both on Neal and Hwy 96. Unfortunately for the
neighboring property, a single outlet street can only be 600 feet long and, the
proposed cul-de-sac in Heifort Hills Estate is already 600 feet long and falls
140 feet short of the project perimeter.
Therefore, access to this abutting property would have to be either directly
from TH 96 in the form of the single driveway that already exists, or a road
through Oak Glen.
• If the future access is through Oak Glen, a lot with an existing home
would have to be purchased and the home moved.
• If the access is directly from TH 96, only the existing driveway will be
permitted. And, since by City policy a driveway is only allowed to
serve two homes, the neighbor's property could support a maximum
of one more house.
III. PRELIMINARY PLAT
1. Overview
The preliminary plat for this phase consists of:
• 24 detached townhomes.
• A 600' public road (to be known as Neal Court).
• Lots for the detached townhomes will be large enough for the house and
5' setbacks from lot lines. The rest of the property will be platted as an
open space lot that will be owned in common by all 24 lot owners.
Heifort Hills Estate
January 25,2018
Page 9
• The plat for this phase of development encompasses a portion of Heifort
Pond. Around the pond will be a 75 foot wide buffer strip. In addition,
there is a wetland in the southwest corner. Around this wetland is a 25
foot buffer strip. Generally speaking, each of these buffers has to be left
undisturbed during development, and preserved as a buffer after
development. But, the Browns Creek Watershed District allows for
buffer averaging under certain situations. An averaged buffer will be
applied here. This can be seen below.
• A public trail will be constructed along the east side of Neal Avenue up
to the new cul-de-sac.
• The remaining gravel stretch of Neal Avenue will be paved.
Averaged Wetland Buffer
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Heifort Hills Estate
January 25,2018
Page 10
2. Civil Engineering
The City Engineer reviewed the plans and makes the following comments:
i. Extend municipal water and a sewer service to the adjacent parcel on the
north east corner of the property. An easement will be needed for these
utilities.
ii. Upgrade Neal Avenue all the way to TH 96. A similar upgrade with a
bituminous surface and curbing occurred with Phase One. The City will
credit this construction cost against the Transportation Adequacy Fees
required of the developer.
iii. The proposed trail on the east side of Neal Avenue encroaches on a
delineated wetland. So, the developer will need to explore with Browns
Creek Watershed District whether this low quality wetland will require
mitigation for the encroachment. If wetland replacement is required, this
information will need to be submitted with the final plat application
materials. The City will cover the cost of the replacement with Park and
Trail fees.
iv. Add utility service stubs for the existing home on the west side of Neal
Avenue.
V. Development fees will be due on the developable portion of the property.
That is the gross acreage minus delineated wetlands, required wetland
buffers, Heifort Pond below its ordinary high water level and the extra r-o-w
to be platted for Neal Avenue8.
a. Browns Creek Stormwater Protection Project: $5,912/acre =
$51,109.24 (This is the 2017 rate. It will be adjusted for 2018. The
new rate will be set by the City Council in February.)
b. Transportation Impact Fee: $7,687/acre = $66,454.12 (This is the
2017 rate. It will be adjusted for 2018. The new rate will be set by
the City Council in February.)
c. Trunk Sewer and Water: $17,231/acre = $148,962.00 (This is the
2017 rate. It will be adjusted for 2018. The new rate will be set by
the City Council in February.)
vi. A grading permit must be approved by the Browns Creek Watershed
District and Carnelian Marine St Croix Watershed District prior to approval
of the Final Plat.
vii. One street light will be required for the cul-de-sac. This must be included in
the final plat application materials.
viii. No trees will be allowed within the right-of-way of the public street. The
only exception is that the trees shown within the grassy center of the cul-de-
sac will be permitted as long as they are maintained by the Home Owners'
Association.
s 475,884 gross square feet on the property;minus 99,306 square feet(Heifort Pond,wetlands,wetland buffer and extra
r-o-w for Neal Ave)=376,578 net developable square feet=8.645 acres
Heifort Hills Estate
January 25,2018
Page 11
ix. All electrical and communications utility lines shall be buried. This shall be
specified in the plans submitted for final plat approval.
X. The boundaries of the wetland/pond buffers must be signed according to
Browns Creek Watershed District rules. This signage is shown in the
preliminary plat materials and will need to be included in the development
agreement and conditions of preliminary plat approval.
3. Tree Preservation & Landscaping
Landscaping
Landscaping standards require the equivalent of three trees per lot (though
they can be planted anywhere in the development that makes sense). So, the
24 lots generate a requirement of 72 trees for landscaping purposes.
Tree Preservation
A tree inventory and survey showing the location of each tree has been
submitted. In addition, a tree removal, protection and replacement plan was
submitted.
As seen on the map on the next page, tree removal is planned within
portions of the wetland buffers. This is allowed for the small isolated
wetland because it is not of sufficient size and quality for Browns Creek
Watershed District to protect. And, the proposed tree removal in the buffer
of the Heifort Ponds wetland is allowed because the buffer is being
delineated according to averaging rules. No trees will be removed within
the averaged buffer. (See tree removal graphic on the next page.)
66.76% of the tree canopy is planned to be removed. 35% can be removed
before tree replacement is required. So, tree replacement will be required at
a rate of one to one for the 31.76% removed beyond the 35% allowance. The
percentage of tree removal is relatively high for a Shoreland PUD. But,
extraordinary efforts are needed to keep stormwater out of South Twin Lake,
which results in additional storm sewer and associated tree loss.
There are 312 significant trees on the property. 31.76% of them would be 99
trees. So, 99 trees will need to be replaced. The replacement trees need to be
an average size of 2" DBI-19 if they are deciduous and 6' tall if they are
coniferous.
Including both the 72 trees required for landscaping and the 99 for tree
replacement, the developer will be responsible for placing 171 trees. The
plans show the placement of 132 trees.
91f the trees are bur oaks,ironwood,bi-color oak,or ornamentals,then the average size can be a diameter of 1.25 inches
at 54"above grade.
Heifort Hills Estate
January 25,2018
Page 12
Therefore, at the time of final plat application, either fewer trees should be
removed, or 39 additional trees will need to be added. The City
development code makes an allowance where more trees cannot be placed
on a site, to pay the equivalent to the City in cash. This would go into the
City's tree fund for trees in parks, open spaces and other public areas.
Tree Removal
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Heifort Hills Estate
January 25,2018
Page 13
4. Park and Trail Dedication
The City's Trail Plan shows a trail along Neal Avenue. As noted above, there
is a wetland that may impact the trail alignment. Consequently, prior to
approval of the Final Plat, the status of the wetland and any necessary
wetland replacement will need to be verified by the developer. The
developer's cost for constructing this trail, and for any wetland replacement
needed, will be credited against required park and trail dedication fees.
The park dedication fee, if required by the Park Commission in lieu of park
land dedication, will be $2,000 per house. And the trail fee will be $500 per
house.
RECOMMENDATIONS
Park Commission- The Park Commission will consider the development on February 26,
2018. Since the Park Commission meeting this month was cancelled because of the snow
storm, the Park Commission will have to consider the development before Council
approval of the final plat, rather than the preliminary plat.
Joint Planning Board-The Joint Planning Board was scheduled to consider the rezoning
for the development on January 22, 2018. But, because of the snow storm, the meeting was
cancelled. It will be considered by the Board on February 12, 2018. This will be prior to
the City Council consideration of the second reading of the rezoning.
Planning Commission- The Planning Commission heard the case on January 10, 2018
and unanimously recommended approval with the conditions found below. (The
Planning Commissions recommendation included 18 conditions. There are only 16 below,
because plans have been revised and several conditions have already been satisfied.)
City staff- The proposed Final PUD, rezoning and preliminary plat for Phase Two
represent a good solution to the need for balancing the density envisioned by the
Comprehensive Plan and the protective goals of the South Twin Lake Shoreland Overlay
District. Therefore, staff recommends approval of the requests with the conditions found
under Alternative A.
ALTERNATIVES
A. Approval. If the City Council finds the development plans acceptable, it could
approve the first reading of the rezoning ordinance, and adopt the attached resolutions
for the Final PUD and the preliminary plat. The resolutions include the following
conditions:
Heifort Hills Estate
January 25,2018
Page 14
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 Revision date 1/15/18
• Tree Survey L1 Revision date 1/15/18
• Tree Tabulation L2 Revision date 1/15/1
• Tree Canopy Area Plan L3 Revision date 1/15/18
• Landscape Pan Dated 1/17/18
• Grading Plan Dated 1/17/18
• Sanitary Sewer and Water Plans/Profiles Dated 1/17/18
• Storm Sewer Plan Dated 1/17/18
• Neal Court Plan/Profile Dated 1/17/18
• Neal Avenue Plan/Profile Dated 1/17/18
• Stormwater Pollution Prevention Plan Dated 1/17/18
• Signage and Lighting Plan Dated 1/17/18
2. All civil engineering plans must be found satisfactory to the City Engineer, or
revised to his satisfaction prior to release of the Final Plat for filing with
Washington County.
3. All public utilities that are located on privately owned property will need to be
encumbered by drainage and utility easements.
4. Municipal water and a sanitary sewer service will need to be extended to the
eastern property line for future development. This must be included in the final
plat application materials.
5. Development impact fees must be paid to the City prior to release of the Final
Plat. This includes fees for parks, trails, transportation adequacy, trout stream
mitigation, trunk sewer and trunk water.
6. A trail must be constructed by the developer on the east side of Neal Avenue as
an extension of the existing trail to the south. The trail is to be extended to Neal
Court.
7. A sidewalk on the south/east side of Neal Court is desirable. It must be added
to the final plat application materials, unless its impervious surface area
combined with that of the rest of the project increases the total impervious
coverage of the PUD above 25%. This sidewalk would connect to the terminus
of the trail being constructed along Neal Avenue.
8. The developer must determine whether wetland mitigation will be required for
the construction of the new trail segment along Neal Avenue. This information
is to be included amongst the materials submitted for the final plat application.
9. Utility service stubs are to be added on the west side of Neal Avenue for the one
home on that side of the street that has no utility service stubs.
10. Stormwater and grading plans must be approved by the Brown's Creek
Watershed District and Carnelian Marine St Croix Watershed District prior
submittal of the final plat application materials. This includes review and
approval of the location of the averaged wetland/pond buffer limits.
Heifort Hills Estate
January 25,2018
Page 15
11. The developer is to construct Neal Avenue to the urban standard specified by
the City Engineer. The costs of these developer improvements will be credited
against the Transportation Adequacy Fee included in Item 2 above.
12. No trees will be allowed within the right-of-way of the public street. The only
exception is that the trees shown within the grassy center of the cul-de-sac will
be permitted as long as they are maintained by the Home Owners' Association.
13. All electrical and communications utility lines shall be buried. This shall be
specified in the plans submitted for final plat approval.
14. The boundaries of the wetland/pond buffers must be signed according to
Browns Creek Watershed District rules.
15. The rezoning will not become effective until after the Final Plat is approved by
the City and filed with Washington County for recording.
16. The final plat application materials must either include a revised landscape plan
that includes 39 more trees, or the tree removal plan must be revised to
eliminate the need for the 39 additional trees, or the cash equivalent of the 39
trees must be paid to the City. If the cash option is chosen by the developer,
then the amount, to be approved by the Community Development Director per
City Code Section 31-522, Subd 5 (f), must be paid to the City prior to release of
the final plat from City offices.
B. Table If the City Council finds the Final PUD plan to be inconsistent with
the Concept PUD, or the rezoning or preliminary plat materials to be incomplete, it could
table the review for additional information.
C. Denial If the City Council finds the Final PUD plan to be inconsistent with
the Concept PUD, or the rezoning to be inconsistent with the Comprehensive Plan, or the
preliminary plat to be unsatisfactory, it could deny the requests. With a denial, the basis of
the action should be given.
Attachments: Final PUD and Preliminary Plat Resolution
Rezoning Ordinance
Letter from neighbor
Map A-Shoreland Zoning and Location
Map B-Zoning
Map C-Comp Plan Map
Map D-Phase One Concept Plan
Map E-Phase Two Concept Plan
Preliminary Plat
Grading Plan
Tree Removal Plan
Landscaping Plan
cc: Todd Ganz
Tom Collins
Dan Thurmes
Jennifer Sorensen,DNR Regional Hydrologist
bt
RESOLUTION NO. 2018-
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING
FINAL PLANNED UNIT DEVELOPMENT FOR PHASE 2 OF 2,
AND PRELIMINARY PLAT FOR
HEIFORT HILLS ESTATE
CASE NO. 2017-67
WHEREAS, Todd Ganz, Integrity Land Development, has submitted an
application for approval of:
1) Final Planned Unit Development for Phase 2 of 2; and
2) Preliminary Plat for Heifort Hills Estate; and
3) Rezoning of the property to RB, Two-Family Residential; and
WHEREAS, the legal description of the subject property is described as follows:
See Exhibit A; and
WHEREAS, on February 19, 2016 the City Council held a public hearing on the
Concept Planned Unit Developed for the project and approved it with several
conditions; and
WHEREAS, on January 10, 2018 the Planning Commission held a public hearing
on the Final Planned Unit Development, rezoning and preliminary plat and upon
hearing testimony from the public unanimously recommended approval with
conditions; and
WHEREAS, on January 30, 2018 the City Council held a public hearing on the
requests and found them to be compatible with the neighborhood and consistent with
the Concept Planned Unit Development, 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 Final Planned Unit Development and preliminary plat
for Heifort Hills Estate with the following conditions:
Res No. 2018-
Page 2 of 4
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 Revision date 1/15/18
• Tree Survey L1 Revision date 1/15/18
• Tree Tabulation L2 Revision date 1/15/1
• Tree Canopy Area Plan L3 Revision date 1/15/18
• Landscape Pan Dated 1/17/18
• Grading Plan Dated 1/17/18
• Sanitary Sewer and Water Plans/Profiles Dated 1/17/18
• Storm Sewer Plan Dated 1/17/18
• Neal Court Plan/Profile Dated 1/17/18
• Neal Avenue Plan/Profile Dated 1/17/18
• Stormwater Pollution Prevention Plan Dated 1/17/18
• Signage and Lighting Plan Dated 1/17/18
2. All civil engineering plans must be found satisfactory to the City
Engineer, or revised to his satisfaction prior to release of the Final Plat
for filing with Washington County.
3. All public utilities that are located on privately owned property will
need to be encumbered by drainage and utility easements.
4. Municipal water and a sanitary sewer service will need to be extended
to the eastern property line for future development. This must be
included in the final plat application materials.
5. Development impact fees must be paid to the City prior to release of
the Final Plat. This includes fees for parks, trails, transportation
adequacy, trout stream mitigation, trunk sewer and trunk water.
6. A trail must be constructed by the developer on the east side of Neal
Avenue as an extension of the existing trail to the south. The trail is to
be extended to Neal Court.
7. A sidewalk on the south/east side of Neal Court is desirable. It must
be added to the final plat application materials, unless its impervious
surface area combined with that of the rest of the project increases the
total impervious coverage of the PUD above 25%. This sidewalk
would connect to the terminus of the trail being constructed along
Neal Avenue.
8. The developer must determine whether wetland mitigation will be
required for the construction of the new trail segment along Neal
Avenue. This information is to be included amongst the materials
submitted for the final plat application.
9. Utility service stubs are to be added on the west side of Neal Avenue
for the one home on that side of the street that has no utility service
stubs.
Res No. 2018-
Page 3 of 4
10. Stormwater and grading plans must be approved by the Browns
Creek Watershed District and Carnelian Marine St Croix Watershed
District prior submittal of the final plat application materials. This
includes review and approval of the location of the averaged
wetland/pond buffer limits.
11. The developer is to construct Neal Avenue to the urban standard
specified by the City Engineer. The costs of these developer
improvements will be credited against the Transportation Adequacy
Fee included in Item 2 above.
12. No trees will be allowed within the right-of-way of the public street.
The only exception is that the trees shown within the grassy center of
the cul-de-sac will be permitted as long as they are maintained by the
Home Owners' Association.
13. All electrical and communications utility lines shall be buried. This
shall be specified in the plans submitted for final plat approval.
14. The boundaries of the wetland/pond buffers must be signed according
to Browns Creek Watershed District rules.
15. The rezoning will not become effective until after the Final Plat is
approved by the City and filed with Washington County for recording.
16. The final plat application materials must either include a revised
landscape plan that includes 39 more trees, or the tree removal plan
must be revised to eliminate the need for the 39 additional trees, or the
cash equivalent of the 39 trees must be paid to the City. If the cash
option is chosen by the developer, then the amount, to be approved by
the Community Development Director per City Code Section 31-522,
Subd 5 (f), must be paid to the City prior to release of the final plat
from City offices.
Enacted by the City Council of the City of Stillwater, Minnesota this 30TH day of January,
2018.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Diane Ward, City Clerk
Res No. 2018-
Page 4 of 4
Exhibit A
Parcel A:
The North 720 feet of the West Half of the West Half of the Northwest Quarter of
Section 20, Township 30 North, Range 20 West, Washington County, Minnesota. Except
that part thereof conveyed to School District No. 55 by deed dated June 26, 1874,
recorded July 30, 1874, in Book Z of Deeds, page 12.
Parcel B:
That part of the West Half of the West Half of the Northwest Quarter of Section 20,
Township 30 North, Range 20 West, Washington County, Minnesota, described as
follows: Commencing at the northwest corner of said Northwest Quarter; thence on an
azimuth from north of 178 degrees 48 minutes 31 seconds, oriented to the Washington
County Coordinate System, North Zone, along the west line of said Northwest Quarter, a
distance of 720.18 feet to the south line of the North 720.00 feet of said West Half of the
West Half, thence continuing on an azimuth of 178 degrees 48 minutes 31 seconds along
said west line a distance of 67.00 feet; thence on an azimuth of 90 degrees 00 minutes 00
seconds a distance of 654.50 feet to the east line of said West Half of the West Half,
thence on an azimuth of 358 degrees 51 minutes 04 seconds along said east line a
distance of 66.07 feet to said south line of the North 720.00 feet; thence on an azimuth of
70 degrees 04 minutes 53 seconds along said south line a distance of 654.57 feet to the
point of beginning.
ORDINANCE NO.
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS
BY REZONING APPROXIMATELY FIFTEEN ACRES TO
RB, TWO-FAMILY RESIDENTIAL
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 RB, Two-Family Residential. This proceeding
is known as Case 2017-67.
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 30th of January, 2018.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Diane Ward, City Clerk
Exhibit A
Parcel A:
The North 720 feet of the West Half of the West Half of the Northwest Quarter of Section 20,
Township 30 North, Range 20 West, Washington County, Minnesota. Except that part thereof
conveyed to School District No. 55 by deed dated June 26, 1874, recorded July 30, 1874, in
Book Z of Deeds, page 12.
Parcel B:
That part of the West Half of the West Half of the Northwest Quarter of Section 20, Township
30 North, Range 20 West, Washington County, Minnesota, described as follows:
Commencing at the northwest corner of said Northwest Quarter; thence on an azimuth from
north of 178 degrees 48 minutes 31 seconds, oriented to the Washington County Coordinate
System, North Zone, along the west line of said Northwest Quarter, a distance of 720.18 feet
to the south line of the North 720.00 feet of said West Half of the West Half, thence
continuing on an azimuth of 178 degrees 48 minutes 31 seconds along said west line a distance
of 67.00 feet; thence on an azimuth of 90 degrees 00 minutes 00 seconds a distance of 654.50
feet to the east line of said West Half of the West Half, thence on an azimuth of 358 degrees
51 minutes 04 seconds along said east line a distance of 66.07 feet to said south line of the
North 720.00 feet; thence on an azimuth of 70 degrees 04 minutes 53 seconds along said
south line a distance of 654.57 feet to the point of beginning.
Bill Turnblad
From: GaryJorgensen <garyjor@hotmail.com>
Sent: Thursday, January 04, 2018 12:34 PM
To: Bill Turnblad
Cc: Jenn Sundberg; Gary Jorgensen
Subject: Case No. CPC/2017-67 -Jorgensen Feedback
Hi Bill,
Thank you very much for your time on the phone the other day. I will not be able to attend the meeting on Wed January
101h, so I wanted to provide you my feedback in writing so it may be reviewed and addressed by staff in staff reports and
submitted in the official public record for the Planning Commissions's consideration of the application.
My name is Gary Jorgensen. I live at 13187 Dellwood Rd N, Stillwater, M N. That is on the east edge of the property
8911 Neal Ave on the northeast corner.
I have reviewed the plans of the proposed second phase of the PUD. Overall, I am supportive of the development that is
being proposed.
While I have no immediate plans to develop on some of the open land on my property, but I am strongly considering
it. So, I would ask the Planning commission to consider the following concerns:
Road Access:
My current driveway is on HWY 96. It is my understanding,from discussions with Bill, that MNDOT and the city will only
allow me to share that driveway with one other property. Anything beyond that would require a new road to access
HWY96, which MNDOT is against. Another option might be to allow me to connect to the road being proposed in the
second phase PUD. The challenge with that option is the cul de sac would have to be greater than 600 feet, which the
city is against. I understand that I might be able to request a variance from the city on the 600 foot limit. But I don't
want to create unnecessary delays on the proposed Second phase PUD while I try to come up with a development plan
for the Planning Commission to review, particularly if it has very little chance of being granted. That is just a waste of
time and money. I would be interested in receiving the Planning Commissions feedback on this. I believe road access is a
solvable problem if all options are fully explored.
Water and Sewer:
If the road access issue is addressed it is highly likely that I would want to put more than one additional home on my
property. I believe that if I am limited to just a single additional home, I would be able to access city water via a stub
from the second phase PUD and each home would be allow to maintain a private sewer system. But if I am able to put
multiple homes on the property, I would also need access to sewer hookup as well. I would ask the Planning
Commission consider this possibility and make sure that I would be able to access both services either from the second
phase PUD or from the east side if necessary and possible.
I would like to thank the Planning Commission for taking the time to consider these issues. I would like to see this
development approved, but I want to make sure that no decision being made on this project will limit my future
development opportunities.
If anyone would like to speak with me directly please contact me at R u,Y.jf..p.:. �I�.ptrm�aiill coign and we can arrange a call.
Thank you,
Gary Jorgensen
1
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T H [ B 1 H T(V w C II Ir F IIS YB N l :. 41P .
MEETING DATE: February 20, 2018 CASE NO.: 2017-68
APPLICANT: Michael McGrath, DBA 1815 Greeley, LLC, property owner
REQUEST: Request for a Zoning Text Amendment (ZAT) to allow for limited
retail uses to be located in the BP - I Business Park Industrial Zoning
District by Special Use Permit
ZONING: BP-I, Business Park Industrial
COMP PLAN DISTRICT: I-Industrial
PREPARED BY: Erik Olson-Williams, Zoning Administrator/Assistant Planner
REVIEWED BY: Bill Turnblad, Community Development Director
BACKGROUND
Michael McGrath, 1815 Greeley, LLC, has applied for a Zoning Text Amendment to
allow for the continued use of a tenant space in 1815 Greeley Street South as a retail store.
The property is zoned BP-I, which only allows for retail sales of products manufactured
on-site. The business in question does not qualify for this allowance. So, the building
owner is asking to allow limited retail sales of products not manufactured on-site.
SPECIFIC REQUEST
The City Council is asked to consider taking the following action:
1. Approval of the Text Amendment to allow for limited retail uses to be located in
the BP-I, Business Park Industrial, Zoning District by Special Use Permit.
RECOMMENDATIONS
Based upon hearing testimony and the attached Planning Report details, the following
recommendations are forwarded to the Council:
Planning Commission Recommendation
6-1 recommendation to approve the Text Amendment with one modification. The
Planning Commission recommended that the proposed text amendment be modified to
allow for limited retail not to exceed 10% of a building's total floor area or 4,000 square
feet, whichever is less.
Staff Recommendation
City staff recommends approval of the proposed Text Amendment, with the Planning
Commission's modifications.
Attachments: Ordinance
Planning Commission minutes (excerpt)
Planning Report
eo-w
ORDINANCE NO.
AN ORDINANCE AMENDING THE STILLWATER CITY CODE SEC. 31-325,
ALLOWABLE USES IN NON-RESIDENTIAL DISTRICTS
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
Purpose. The purpose of this Ordinance is allow for limited retail uses by Special Use Permit in
the BP-I(Business Park Industrial) District.
1. Amending. Stillwater City Code Section 31-325,Allowable uses in residential districts,is
amended as follows:
ALLOWABLE USES ZONING DISTRICTS
BP-I
Limited Retail25 SUP
25Not to exceed 10% of a building's total floor area or 4,000 square feet,
whichever is less
2. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect.
3. Effective Date. This Ordinance will be in full force and effect from and after its passage
and publication according to the law.
Adopted by the City Council of the City of Stillwater this day of February,2018.
CITY OF STILLWATER
Ted Kozlowski,Mayor
ATTEST:
Diane F.Ward, City Clerk
(499ateir
THE SINTNELACE OF MINNESOTA
PLANNING COMMISSION MEETING MINUTES
January 10, 2018
Nom t 7' t adolIt d by Planning Coininission
REGULAR MEETING 7:00 P.M.
Chairman Collins called the meeting to order at 7:01 p.m.
Present: Chairman Collins, Commissioners Fletcher, Hade, Hansen, Kocon, Lauer and
Siess; Councilmember Menikheim
Absent: None
Staff: Community Development Director Turnblad, City Planner Wittman
J I,I XC1, 11 1 1 L��( L 111. „I, MIN 11 1����, ONLY F����� I1 1;��� I ����iID 7 1�� ������
Case No. 2017-68: Zoning Text Amendment (ZAT) to allow retail uses in the BP-I District by
Special Use Permit for the property located at 1815 Greeley Street South. Michael McGrath
property owner.
Community Development Director Turnblad explained that Michael McGrath, doing business
as 1815 Greeley, LLC, has applied for a Zoning Text Amendment (ZAT) to allow for limited
retail uses to be permitted by Special Use Permit in the BP—I Business Park Industrial zoning
district. If the ZAT were approved, he would then proceed with the SUP process for the
Commission's consideration of a retail store not exceeding 10% of the total floor area of the
existing building he owns, located at 1815 Greeley Street South. Staff finds that the
preservation of industrial-zoned properties for industrial use is in the public interest, but that
allowing retail space of no greater than 10% of an industrial building's total area by SUP, up
to 4,000 square feet, would not significantly change the nature of the industrial building.
Additionally, staff finds that allowing limited retail of this nature would help to satisfy a
demand for retail space while still preserving the majority of industrial-zoned properties for
industrial use. Staff finds the proposed ZAT is not in general conflict with the principles,
policies, and land use designations set forth in the Comprehensive Plan. Therefore, staff would
recommend the Planning Commission forward a recommendation of approval to the City
Council.
Commissioner Kocon pointed out the issue in this case involves a relative or complementary
use. He questioned whether it should be a requirement that the retail use be related to the
industrial use. Mr. Turnblad it could be required that the retail use be associated with another
use on site and not be the only use.
Commissioner Fletcher remarked she doesn't see the need to be more restrictive because the
SUP application will come to the Commission.
Commissioner Siess pointed out that industrial use occupies a fairly small percentage of
property in Stillwater. She does not favor allowing retail because retail may go in several other
zoning districts.
Commissioner Kocon agreed, adding that if the industrial use goes away, the commercial use
would likely go away too and there would logically then be a new industrial application for
some other use.
Tim Sauro stated he works for Mike McGrath. The use that occupies the building now is similar
to what they had last 15 years with Roof Depot. Sew With Me is doing repairs on equipment
and not a lot of retail customers come in to buy supplies, so they feel it's similar to what has
been there. It's only 3,000 square feet of finished space.
Chairman Collins opened the public hearing. There were no public comments. Chairman
Collins closed the public hearing.
Commissioner Siess noted that the experience of the senior living ZAT near Our Saviors
Church showed her that the ZAT process is a slippery slope. The industrial section in the City
is extremely small and creates a lot of revenue, and there are other areas for retail in Stillwater.
She feels this is not what the industrial zone was designed for.
Motion by Commissioner Hansen, seconded by Commissioner Hade, to recommend that the City
Council approve Case No. 2017-68, ZAT to allow retail uses in the BP-I District by SUP for the
property located at 1815 Greeley Street South, modifying the recommended approval to state
"allowing for retail space of no greater than 10% of the total building area or 4,000 square feet,
whichever is less." Motion passed 6-1, with Commissioner Siess voting nay.
�-.
ater
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M I N Fd U. 0 Y A
PLANNING REPORT
MEETING DATE: January 10, 2018 CASE NO.: 2017-68
APPLICANT: Michael McGrath, DBA 1815 Greeley, LLC, property owner
REQUEST: Request for a Zoning Text Amendment (ZAT) to allow for limited
retail uses to be located in the BP - I Business Park Industrial
Zoning District by Special Use Permit
ZONING: BP - I Business Park Industrial
COMP PLAN DISTRICT: I - Industrial
PREPARED BY: Erik Olson-Williams, Zoning Administrator/Assistant Planner
APPLICANT REQUEST
Michael McGrath, doing business as 1815 Greeley, LLC, has applied for a Zoning Text
Amendment (ZAT) to allow for limited retail uses to be permitted by Special Use
Permit in the BP - I Business Park Industrial zoning district. If the Zoning Text
Amendment were approved, he would then proceed with the Special Use Permit
process for the Commission's consideration of a retail store not exceeding 10% of the
total floor area of the existing building he owns, located at 1815 Greeley Street South.
While the applicant has provided a specific plan for the future use of the
aforementioned parcel, this is not for the Commission's consideration at this time. The
application before the Commission is whether or not limited retail uses should be
permitted by Special Use Permit on all BP - I Business Park Industrial zoned parcels.
APPLICABLE REGULATIONS
Municipal Code Section 31-205, Zoning Map and Zoning Text Amendment,indicates
amendments may be made when:
■ Public necessity, general community welfare and good zoning practice permit
the amendment; and
■ The proposed amendment is in general conformance with the principles, policies
and land use designations set forth in the comprehensive plan.
STAFF ANALYSIS
Existing Zoning Code Provision
In determining whether a proposed use will fit within a zoning district,the Commission should
first be aware that the proposed use will need to conform to all provisions of the underlying BP
- I Business Park Industrial zoning district. It should additionally be noted that as the
applicant has proposed retail uses to be permitted by Special Use Permit,this would allow for
individual review of each new retail space in a Planning Commission public hearing prior to the
approval of the new development. Therefore,if the ZAT was approved,the Commission would
stili have site-specific development review and opportunities for public input would occur.
The BP- I Industrial Zoning District is a commercial district which currently allows for only
retail sales of products manufactured on-site by Special Use Permit. Permitted uses in this
district are intentionally limited.Aside from uses of an industrial nature, only general,financial
and medical offices are permitted within the BP- I Zoning District. In addition to retail sales of
products manufactured on-site,cultural amenities and government facilities are allowed by
Special Use Permit.
Many of the City's commercial zoning districts,such as the General Commercial (CA), Central
Business District(CBD),and Business Park- Commercial (BP- C) Zoning Districts allow for
most forms of retail. Approximately 6.5% of the City's land area is currently occupied by
commercial uses compatible with these Zoning Districts.
Comprehensive Plan:Land Use and Density
The purpose of the Comprehensive Plan Chapter 2, Land Use, is to"designate lands
appropriately located for a range of residential uses,neighborhood,commercial,light
industrial,parks and open spaces on the land use map." Per this chapter of the Comprehensive
Plan, areas guided for Industrial use are not intended to be used for retail purposes. Land Use
also indicates that industrial uses make up only 0.40% of the City's land. Hastings and Anoka,
two cities used as comparables by the Comprehensive Plan,have approximately 4.40% and
11.40% of their lands dedicated to industrial uses,respectively.So,the loss of any of the
industrially used space is significant. That said,if only 10% of the building space in an
industrial property is converted to a retail use,the property is still predominantly industrial.
PROPOSED TEXT AMENDMENT
Sec. 31-325. -Allowable uses in non-residential districts
ALLOWABLE ZONING DISTRICTS
USES
CA CBD VC BP-C BP-O BP-1 CRD PA PWFD PROS
Retail space of no SUP
greater than 10%
of the total
building area
ALTERNATIVES,FINDINGS,AND RECOMMENDATION
The Planning Commission has the following options available to them:
1. Recommend that the City Council approve Zoning Text Amendment 2017-68 allowing
for retail space of no greater than 10% of the total building area in the BP- I Industrial
Zoning District.
2. Recommend that the City Council deny the requested ordinance amendment.
3. Table consideration for more information.
Staff finds that the preservation of industrial-zoned properties for industrial use is in the public
interest,but that allowing retail space of no greater than 10% of an industrial building's total
area would not significantly change the nature of the industrial building. Additionally, staff
finds that allowing limited retail of this nature would help to satisfy a demand for retail space
while still preserving the majority of industrial-zoned properties for industrial use. Staff further
finds the proposed 2017-68 zoning text amendment is not in general conflict with the principles,
policies,and land use designations set forth in the comprehensive plan. Therefore, staff would
recommend the Planning Commission forward a recommendation of approval to the City
Council.
ATTACHMENTS
Zoning Map
Applicant Narrative Request
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December 13, 2017
To whom it may concern"
1, Michael McGrath am the owner of the commercial building located at 1815 Greeley Street,
Stillwater, MN. I have owned the property for the last 20 years. I have also been a resident in
the city of Stillwater since 1998.
When I purchased the building it was in total disrepair and vacant as the long term owner/tenant
had gone out of business. We went through all the proper permitting and plan review with the
City of Stillwater for the renovations of this property. We have maintained the property and paid
real estate taxes in a timely fashion for the last 20 years.
We have had a number of tenants lease this property, including two of my companies, one
caIle d M.G. McGrath, Inc, and the other called Roof Depot. We believe our current tenants fall
within the current zoning requirements.
I would like to describe both the Roof Depot business that leased this property for the last 15
years, as well as our new tenant, Sew with Me. Roof Depot was a roofing supply company. It
warehoused, sold and delivered roofing materials throughout the Twin Cities metro area. In the
front of the building there is approximately 3000 s.f. of sheet rocked walls and carpeted floors
that Sew with Me now occupies. Roof Depot ran their show room out of that space where
people/customers would come in and pick out the style and for of the shingle roof they would
like to purchase. The shingles and other roofing materials were stored in the 30,000 s.f. of
warehouse space behind the 3,000 s.f. area showroom. Sew with Me now occupies this
3,000 s.f. sheet rocked and carpeted area, as well as a small portion of the back warehouse.
Sew with Me receives materials for this location, as well as their other locations and then
warehouse it until needed for one of their other four locations. They also manufacture Quilts
and repair sewing machines. They do sell these sewing machines, however they are very
specific sewing machines that cannot be purchased in retail locations or on the internet.
Although this is an entirely different business than the Roof Depot, I feel there are many
similarities.
Sew with Me occupies less than 10 percent of this 40,000 s.f. building. They are an excellent
tenant, and I feel they area wonderful business to have in the City of Stillwater.
If after reviewing the above information you still feel Sew with Me does not fall under the BP-1
zoning district, I ask that you consider a Text Amendment so this wonderful tenant can continue
operating out of 1815 Greeley Street. I truly believe they run a very nice business and are a
good fit for the building as well as the City of Stillwater.
Thank you very much. I look forward to hearing from you.
Sincerely,
Mike McGrath
Memo
DATE: January 12, 2018
TO: Mayor and City Council
FROM: Sharon Harrison, Finance Director6
RE: Sanitary Sewer Adjustments
BACKGROUND:
During the course of any given year, sanitary sewer rate adjustment recommendations come before
Council. These adjustments are mainly due to leaks found during the course of the year, but often stand
out more during the readings during the 1"quarter of every year. For residential properties, sanitary
sewer billing rates are set during the 2"d quarter of every year using the water consumption(obtained
from the Water Board) from the 1 S`quarter of the year. This rate is then used for the next 4 billing
cycles (quarters) until the rates are reset again the following year.
As mentioned before, occasionally there are some properties that have experienced increased water
usage during the l'quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water
softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary
sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City
to explain their individual circumstance. We (Finance) then review consumption rates from
prior/current quarters to see if we can determine the duration/termination of the leak based on the
information provided to us by the water department and the resident/owner. This information then is
used to provide Council with new billing rate recommendations for upcoming billing periods (until the
new rates are reset the following year).
This practice has been used by the City for many years, and has been proven to be a fair and accurate
way for property owners to pay their fair share of the use of the sanitary sewer system.
RECOMMENDATION:
Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property
owners. These adjustments are expressed in gallons (of consumption), based on the average
consumption of the prior 3 years, and converted to the new billing rate using the most current billing
rates approved by Council. These adjustments will begin with the next billing cycle (3`d quarter billing).
In other words, staff is recommending to Council that the property owner at least pay the increased
sanitary sewer rate for the billing period in which the leak occurred.
COUNCIL ACTION:
If Council agrees with Staff's recommendation, Council needs to approve staff recommendations as
listed on the attached Exhibit A.
CITY OF STILLWATER
EXHIBIT A
Description of Billing Quarter
Circumstance Winter Average Gallons Adjustment for
I Leaking Toilet From 54,000 1 s
To 20,000
2 Leaking Toilet From 14,000 1 s
To 9,000
3 Leaking Toilet From 20,000 1 s
To 14,000
4 Leaking Toilet From 100,000 lot
To 20,000